Loading...
HomeMy WebLinkAboutcc min 1981/03/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, March 17, 1981 Council Chambers, Public Services Building ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of March 10, 1981 MSUC (McCandliss/Cox) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY - None CONTINUED 5~TTERS AND SECOND READING OF ORDINANCES 9. ORDINANCE NO. 1936 - AMENDING SECTION 15.56.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CERTIFICATE OF OCCUPANCY REQUIREMENTS - SECOND READING AND ADOPTION On March 10, 1981, the Council placed the ordinance on first reading which de- fines the prerequisites to the issuance of certificates of occupancy for units in condominium conversions. Mayor Hyde said he received a request from San Diego Gas & Electric representa- tives for a continuance of this matter for one week. MSUC (Scott/McCandliss) to continue this item for one week. S. ORAL COMMUNICATIONS a. Steve Taylor, Chairman of the Resource Conservation Commission, asked to have Item #11 (Report on Local History Room recommendations) moved up on the agenda. MSUC (Hyde/Scott) to consider Item #11 at this time. REPORTS, REQUESTS AND RECO~NDATIONS OF BOARDS AND COY~ISSIONS 11. Report on Local History Room Recommendations The Resource Conservation Commission submitted a written report on the group of "DDD'S" (Dependable, Dedicated Descendants) who have been gathering memorabilia for display in the Local History Room of the Chula Vista Public Library. The Commission asked that the head of this group, Mr. John Rojas, be permitted to make a presentation to Council concerning possible City financial support to enable the formation of a photographic and m~morabilia library as well as the feasibility of forming a Chula Vista Historical Society under the auspices of the Resource Conservation Commission. The sum of $600 is needed to process the 400 pictures currently available. Currently budgeted is a total of $520 under the Resource Conservation Commission budget and $830 in the Historical Site Board budget. The recommendation of the City Manager is concurrence with the understanding that items such as newspaper articles, business cards, manuscripts and pictures can be exhibited but no other historical artifacts. Further, that he can support the formation of a Chula Vista Historical Society under the auspices of the Resource Conservation Commission, but that financial support for this organiza- tion should be considered during the 1981/82 budget review. City Council Meeting -2- March 17, 1981 11. Report on Local History Room Recommendations (Continued) Mr. John Rojas, 1169 Second Avenue, Chula Vista, said he was representing a group of interested citizens who want to see the history of this community preserved. Mr. Rojas showed a silver trophy which he said was the property of the Chula Vista Yacht Club and which they hoped could be displayed in the history room. The group now has a collection of over 400 photographs sent in by people in the City and the cost of reproducing the photos is approximately $600. Dr. Steve Taylor, Chairman of the Resource Conservation Commission (RCC), stated that the RCC is willing to contribute $500 from their current budget and the re- quest from the Council is for only $100. MSUC (Hyde/Gillow) to accept both recommendations from the RCC and Historical Site Board where they offer to commit $500 of their unexpended funds for this year to this project, and secondly, for staff's recommendation to work with the Librarian to provide a place in the library for pictures that would result from this; that in addition to that, a resolution be brought back appropriating the additional $100, from whatever fund is appropriate, to make up the balance. Councilman Cox discussed the two current committees: Historical Site Board and the Historical Preservation Committee and now the proposal to form another committee: the Chula Vista Historical Society. Co~mcilman Cox suggested Mr. Rojas contact these other groups and perhaps work together. 4. WRITTEN CO~B~UNICATIONS a. Resignation of S. E. Collett from Human Relations Commission Mr. Collett submitted his resignation, effective immediately, due to a change in his position in which he will be moving to Tucson, Arizona. MSUC (Hyde/McCandliss) to accept the resignation with regret and a letter of thanks to be sent to Mr. Collett expressing the Council's appreciation for his services on this commission. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT APPLICATION PCC-81-6 TO ALLOW THE SALE OF GASOLINE IN CONJUNCTION WITH RETAIL MARKET AT 495 TELEGRAPH CANYON ROAD - ATLANTIC RICHFIELD COMPANY This being the time and place as advertised, Mayor Hyde opened the public hearing. Referring to his written report, Director of Planning Peterson explained that the applicant is requesting permission to convert an existing full service gas station into a 24-hour convenience market and self-service gas station at the northwest corner of Telegraph Canyon Road and Halecrest Drive in the C-C-D zone. The site (0.S9 acre) is developed with a full service gas station which the applicant proposes to discontinue and convert the entire building into a retail market. The pump islands are to remain and to be changed into self-service only. On February 11, 1981, the Planning Commission denied the request noting that there is a limited amount of commercial zoning existing or planned for the area which would accommodate the servicing of cars for residents of the area or free- way travelers. Staff concurs with this recommendation. Mr. Peterson reported that he received a letter this afternoon from Mr. Roland Hale, 484 Hale Street, Chula Vista, expressing his support of the Planning Commission decision. In answer to Councilman Scott's query, Mr. Peterson explained the rationale for the finding5 of the Planning Commission adding that this is a modification of a previously approved conditional use permit and further, under the zoning ordinance, a service station is not allowed to sell items that are unrelated to the servicing of automobiles. City Council Meeting -3- March 17, 1981 5. PUBLIC HEARING (Continued) Attorney Sam Blick (Higgs, Fletcher and Mac~ representing the Atlantic Richfield Company, stated that the same arguments projected today were the same applied to the service station at Broadway and "E", and that station is now operating quite functionally. Mr. Blick stated that the sum of $130j000 will be spent to beau- tify the site adding that the issue made by staff was whether there was a need for this service. Mr. Blick stated this was an "improper" issue. He said that his client conducted a market study of this site which showed the use would be successful. Mr. George Ryan, Atlantic Richfield Company, described the procedure used in conducting the market study. Speaking in opposition were: gob Lowery, 876 Halecrest; Gary Wilson, living directly behind this site; Brooks Wyers, 875 Halecrest; and Jerry Valk, 291 Camino Vista Real. Their objections were: (1) there is no demonstrated need for this service as other stores are available in the area; (2) it would generate more traffic; (3) they have a greater need for a service station; (4) considera- tion to be given to the illegal aliens who frequent this area and police patrols; (5) the station at Broadway and "E" is a 4-way intersection in a commercial area whereby this station is in a residential zone. There being no further comments, either for or against, the hearing was declared closed. Council discussion followed regarding the needs of the community; the findings that must be made to consider this appeal; the findings of the Planning Commission; demonstrated need for the community. MSUC (McCandliss/Gillow) to deny the appeal. 6. PUBLIC HEARING - CONSIDERATION OF GRANTING A CERTIFICATE FOR OPERATION OF A TAXICAB TO ORLAF SIZE DBA O.K. CAB COMPANY This being the time and place as advertised, Mayor Hyde opened the public hearing. Mr. Orlaf M. Size, 884 Picador Boulevard, San Diego, submitted an application to operate one vehicle in the City under the name of "O.K. Cab Company." The Police Department has investigated the application and submitted the finding that the vehicle has been inspected and is in compliance with the City's ordinance. A Certificate of Insurance has been presented insuring the vehicle up to April 15, 1981. Councilman Scott questioned whether O.K. Cab Company has a franchise and this gentleman was actually leasing the vehicle. Council discussion followed regarding the provisions of the ordinance; the cost of operatin~ cabs in the City; franchising the vehicles; insurance coverage. There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION NO. 10413-GRANTING A CERTIFICATE FOR THE OPERATION OF A TAXICAB IN THE CITY OF CHULA VISTA TO O.K. CAB COMPANY RESOLUTION OFFERED BY COUNCILMAN COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Scott/gillow) for staff to look over whether or not a large franchise company should be under the $3,00 rule as well as a company-owned. 7. PUBLIC HEARING - CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE RELATING TO STORAGE REQUIREMENTS FOR CONDOMINIUMS This being the time and place as advertised, Mayor Hyde opened the public hearing. City Council Meeting -4- March 17, 1981 7. PUBLIC HEARING (Continued) Director of Planning Peterson, in his detailed report to the Council, explained that this item involves a proposed amendment to the condominium regulations of the Municipal Code to redefine the location and distribution of the required storage space for condominiums. The concern of the Council (on January 15, 1981) was that storage requirements were being stretched beyond the original intent of the ordinance. The amendment requires an increase in the amount of adjacent storage from 40% to 70% of the total. Councilman Cox questioned the deletion of the permissive language in the ordinance which allowed the space that exceeded normal closet space to be counted toward the required storage. He added that he is speaking against the ordinance indicating that the 70% figure is one that was just "thrown out", and that there are some instances where it is more desirable to have storage space not immediately adja- cent to the living area. There being no further comments, either for or against, the hearing was declared closed. a. ORDINANCE NO. 1937 - A~ENDING SECTION 15.56.020 C OF ~FHE CHULA VISTA MUNICIPAL CODE RELATING TO STORAGE REQUIR£MENTS FOR CONDOMINIUMS - FIRST READING MSC (Scott/Gillow) te place the ordinance on first reading; reading of the title was waived by unanimous consent, passed and adopted unanimously. Councilman Cox voted "no." RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 10414-APPROPRIATING FUNDS FOR POLICE VEHICLES Director of Public Safety Winters requested permission to purchase seven (7) police vehicles due to the significant maintenance problems being experienced with the 1979 Plymouth Volares. The proposal is to purchase the patrol vehicles in conjunction with San Diego County Bid No. 19864 at a unit price of $8,154.92. The vehicles would be the Chevrolet Malibu, Model #1AT69, 305 V8 engine. Funds are needed from the unappropriated General Fund to Account 100-1040-5565 in the amount of $60,509.51. In answer to the Council's questions, Director of Public Safety Winters explained the maintenance costs of the Checker Police vehicles comparing them to the Volares; the number of accidents encountered with these vehicles; and the decision not to equip the new vehicles with propane. RESOLUTION OFFERED BY Mayor Hyde, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUE0 MATTERS AND SECOND READING OF ORDINANCES 9. O~DINANCE No. 1936 - AMENDING SECTION 15.56.010 OF THE MUNICIPAL CODE RELATING TO CERTIFICATE OF OCCUPANCY REQUIREMENTS FOR CONDOMINIUMS - SECOND READING AND ADOPTION Continued for one week. 10. REPORT OF THE CITY MANAGER a. Capital Improvement Project Tour. Acting City Manager Asmus asked whether Saturday, April 11 would be an agreeable date to have the Council tour. The Council members asked that this be discussed at Thursday's Conference (March 19) to give them time to check their calendars. b. The Glenn Proposals. Acting City Manager Asmus said he has received two proposals for operation of the restaurant. He submitted a proposed floor plan from one of the applicants for the Council's perusal adding that he will give the Council a complete written report at the next meeting (March 24, 1981). City Council Meeting -5- March 17, 1981 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS Adult Entertainment and Extended Families. In answer to the Council's query, City Attorney Lindberg referred to his memo in which he noted the Council's direction to the Planning staff to begin processing amendmentstO the zoning ordinance in relationship to the extended families/communal household problems that have been resolved by the decision of the Fourth District Court. Mr. Lindberg commented that the Assistant City Attorney in Los Angeles wants to appeal that decision to the Supreme Court. As to the adult entertainment ordinance, Attorney Lindberg recommended that modifciations be made to the ordinance eliminating the requirement for a conditional use permit. The Fourth District Court has ruled that a City cannot impose this requirement. Mr. Lindberg discussed the Court decisions on this subject, the City's provisions for distances between the businesses, and San Diego City's ordinance relative to this use. MSUC (Hyde/McCandliss) to direct staff to prepare appropriate amendment to the adult entertainment business. REPORTS, REQUESTS AND RECO~4MENDATIONS OF BOARDS AND COMMISSIONS 11. Report on Local History Room recommendations - Resource Conservation Commission See page 1 of the minutes. 12. ~YOR'S REPORT a. Human Relations Commission Appointment. MSUC (Cox/Scott) to ratify the Mayor's appointment of Tom Stille to the Human Relations Commission. b. Sister City - Odawara, Japan. Mayor Hyde commented that he has been advised by the Mayor of Odawara, Japan (through Saburo Muraoka of this City) of an interest in establishing a Sister City relationship. The Mayor has submitted this informa- tion to the International Friendship Commission which will consider it at their next meeting. c. Water Feature for South Bay Regional Center. Mayor Hyde reported that the County Board of Supervisors approved the water £eature (as recently presented to the Council) for this Center. 13. COUNCIL COMMENTS a. Publicity Policy. Councilman Scott noted that both Chula Vista and La Mesa were designated as "Tree Cities - U.S.A." and that La Mesa's recognition was shown on television and given coverage in the news media whereby Chula Vista's was not. He asked whether there was a City policy - procedures to contact the media when- ever the City wins an award or recognition of some kind. MSUC (Scott/Cox) to look into forming a policy in fixing the responsibility (on an individual) for putting out whatever is necessary for publicity that Chula Vista may have for the media. Acting City Manager Asmus indicated that there are news releases that go out for which the City Manager is responsible. Councilwoman McCandliss saggested the City Manager's office, in devising the policy, to look very closely at the City Clerk's office. Mayor Hyde said he would work with tho City Manager on this policy. b. Washington Trip. Councilman Gillow referred to his written report on his trip to Washington. While in this city, he spoke to San Diego City's representative in Washington and representatives of the National League regarding their consul- ting services. As a member of this League, the City is entitled to this service. MSUC (Gillow/Scott) for staff to contact these people and find out what services are available and also to investigate whether this City, along with other cities, (perhaps with the County or San Di~go) should have some kind of respresentation in Washington. City Council Meeting -6- March 17, 1981 13. COUNCIL COY~ENTS (Continued) c. Old Seagraves Fire Truck. Councilman Gillow said he rode in the St. Patrick's Day parade in Chula Vista's old Seagraves fire truck. The vehicle is in need of repair and new tires. MS (Gillow/McCandliss) to ask the Historical Site Board, which is part of the Resources Conservation Commission, to contact the fire department with efforts to make a recon~nendation of restoring that truck. Councilman Scott suggested this item be brought up at budget time. MOTION CHANGED: MSUC (Gillow/McCandliss) for staff to bring this back at budget time. d. Workfare Program. Councilman Gillow said he was pleased to get the City Manager's memo regarding this program and the fact that the City will be looking toward participating. ADJOURNMENT at 8:45 p.m. to the meeting scheduled for Thursday, March 19 at 4:00 p.m. and to the regular meeting of March 24 at 7:00 p.m. STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COL~NTY OF S~/q DIEGO ) ss OF ADJOURNmeNT OF MEETING CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say : That I am the duly chosen, qualified and acting City Clerk of the City Council of thc City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held Tuesday, March 17, 1981 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, March 18, 1981 at the hour of 9:20 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me'ting of ~arch 17, 1981 was held. Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, March 17~ 1981 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 .p.m. with the following Councilmen present: Mayor Hyde, douncilmen ~Scot~, Gillow, Cox, McCandli$$ Councilmen absent: None ADJOUP~NMENT The Mayor adjourned the meeting at 8:15 p.m. until Thursday March 19, 1981 4:00 at p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vis%a, DO HEP~BY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of March 17, 198] ~i tN~oo fM~h uF~aLA~~ tCaM, C~a~Yorn~