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HomeMy WebLinkAboutcc min 1981/03/10 I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Held Tuesday, March 10, 1981 Council Chamber, 276 Fourth Avenue 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 MEETINGS OF FEBRUARY 26 AND MARCH 3, 1981 MSUC (McCandliss/Cox) to approve the minutes as mailed. Councilman Gillow abstained from voting on the minutes of March 3, 1981 as he was not present. 2. SPECIAL ORDERS OF THE DAY a. Proclamation - Declaring Joy Sheresh as "Volunteer of the Year for 1980" Mayor Hyde presented Mrs. Sheresh with the proclamation thanking her for having volunteered 325 hours of her time in 1980 to the Community Development Department. b. Proclamation - Declaring Jim Craig as "Volunteer of the Year for 1980" Mayor Hyde presented Mr. Craig with the proclamation thanking him for his services of over 250 hours in 1980 to the Therapeutics Division of the Parks and Recreation Department. 3. ORAL COMMUNICATIONS a. Jerry Valk, 291Camino Vista Real, Chula Vista, referred to a newspaper article in which the Director of Planning expressed his concern regarding a lack of provision for school facilities in the Cadillac Fairview development plans (Eastlake). Mr. Valk said he agreed with the views expressed by the Director of Planning and further advised the Council to have the school district check out the topography of the school sites as designated by the developer. 4. WRITTEN COMMUNICATIONS a. Resignation of Peggy P. Donovan from Resource Conservation Commission Mrs. Donovan submitted her resignation due to the fact that she is attending college and has accepted a part-time job. MSUC (Hyde/McCandliss) to accept the resignation with regret and a letter of appreciation be sent to Mrs. Donovan thanking her for her services on this commission. b. Claim against the City - Ralph and Louise Shank, 11558 Legendale Drive, Lakeside The claims, in the amounts of $25,000 and $10,000 were filed regarding an incident on October 11, 1980 in which the claimants allege they were deprived of their civil rights, falsely imprisoned and battered by the Chula Vista peace officers. MSUC (McCandliss/Scott) to deny the claims. RESOLUTIONS AND ORDINANCES, FIRST READING Sa. RESOLUTION NO. 10408 - APPROVING MAP OF CASA DE LA CIUDAD, ACCEPTING ON BEHALF OF THE CITY THE EASEMENT GRANTED ON SAID MAP AND APPROVING AGREEMENT FOR COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION The subdivision consists of 38 new units on one lot. The subdivider has signed the Sub- division Improvement Agreement and posted the necessary surety. The improvements include construction of Moss Street adjacent to the subdivision. The final map has been checked by the Engineering Department and found to be in conformity with the tentative map. RESOLUTION OFFERED BY Councilman Scott, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -2- March 10, 1981 5b. RESOLUTION NO. 10409 - APPROVING AGREEMENT BETWEEN THE CITY AND tqABIE AND MINTZ, INC. FOR IMPROVEMENT OF TELEGRAPH CANYON CREEK CHANNEL ADJACENT TO CASA DE LA CIUDAD A condition of the tentative map required the subdivider to be responsible for con- structing half of Telegraph Canyon Channel adjacent to the subdivision or pay the cost thereof. The subdivider has posted a cash bond in the amount of $19,600 as his full participation. RESOLUTION OFFERED BY Councilman Cox, the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. RESOLUTION NO. 10410 - SUPPORTING APPLICATIONS BY THE SAN DIEGO COUNTY HOUSING AUTHORITY FOR THE SECTION 8 MODERATE REHABILITATION PROGRAM San Diego County Housing Authority's application to the U. S. Department of Housing and Urban Development (HUD) was approved in 1980 for a 72-unit allocation of Section 8 Moderate rehabilitation rental subsidies. A portion of that allocation was subsequently awarded to the Housing Authority of Chula Vista. HUD has recently informed the Housing Authority of the availability of 11 additional units under this program. The resolution endorses this application and any subsequent similar applications by the County for Section 8 Moderate Rehabilitation rental subsides to be utilized in Chula Vista. RESOLUTION OFFERED BY Councilman Gillow, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. RESOLUTION NO. 10411 - ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF OTAY VALLEY ROAD TRUNK SEWER MODIFICATIONS AT MELROSE AVENUE AND PALM AVENUE AND APPROPRIATING FUNDS Bids were received on February 11, 1981 for the scope of the project which involves in- stallation of 8~inch and lO-inch sewer mains, one manhole and modifying three existing manholes along Melrose Avenue, Otay Valley Road and Palm Avenue. The resolution accepts the bids and awards the contract to Dietrich Corporation, Lakeside, California in the amount of $27,355.58; appropriates the sum of $19,100 from the unappropriated balance in the sewer income fund and transfers to Account No. 600-6000-SI05; and authorizes the expenditure of $30,100 from budgeted project, Otay Valley Road Sewer Modifications at Melrose and Palm, Account No. 600-6000-SI105. RESOLUTION OFFERED BY Mayor Hyde, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION NO. 10412 - REQUESTING STATE LEGISLATURE TO AMEND THE CALIFORNIA VEHICLE CODE TO ENABLE LAW ENFORCEMENT AGENCIES TO IMPOUND THOSE VEHICLES WITH CALIFORNIA PLATES THAT HAVE OUTSTANDING PARKING CITATIONS The resolution provides an effective means of enforcing the removal of vehicles violating parking regulations after five days of continuous parking violations. It does not in- volve tow away of vehicles properly parked on the streets for extended periods of time. RESOLUTION OFFERED BY Councilman Scott, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. ORDINANCE NO. 1936 - AMENDING SECTION 15.56.010 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CERTIFICATE OF OCCUPANCY REQUIREMENTS - FIRST READING The City presently requires a certificate of occupancy for all new structures and specifically sets forth the same requirement for units in any condominium conversion project. In new structures, San Diego Gas & Electric Company will not install meters until authorized by the City to do so. In the case of condominium conversions, meters are already in existence and there is no similar control. By this ordinance, SDG&E would be authorized to pull the meters. MSUC (Hyde/Scott) to change the word "direction" in the ordinance to the word "request" ("further, San Diego Gas & Electric Company, shall, upon the request of the Director of Building and Housing .... "). Councilwoman McCandliss voted "no". MSUC (Cox/Hyde) to place the ordinance, as amended, on first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -3- March 10, 1981 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 10. ORDINANCE NO. 1935 - AMENDING THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - SECOND READING AND ADOPTION At the meeting of March 3, 1981, the City Council placed the ordinance on its first reading providing for a one-time 3% to 15% increase in retirement allowance to pre-1974 retirees. MSUC (McCandliss/Cox) to place the ordinance on second reading, the reading of the text was waived by unanimous consent, passed and adopted unanimously. 11. REPORT OF THE CITY MANAGER a. Council Conference of March 12. Acting City Manager Asmus referred to the item on the agenda: "Discussion of the Review of the City Clerk's Department" explaining that this was deleted due to the ~act that the Marina financing will be a lengthy presentation. Mr. Asmus asked whether the City Clerk's review could be scheduled during the regular budget session. Councilman Scott asked permission to be absent from the March 12 meeting due to a possible conflict of interest since his employer, Merrill, Lynch is involved in the marina financing. MSUC (Hyde/McCandliss) to excuse Councilman Scott from attending the meeting. (Councilman Scott abstained from voting). Councilman Cox stated that he would be out of town and will not be able to be present at the meeting. Council discussion followed regarding postponement of the item to another possible date when four of the Councilmembers can be present. MSUC (Hyde/Gillow) to reschedule the marina financing item to Thursday.evening, March 19, 1981 at 7:00 p.m. Director of Community Development Desrochers asked for an alternate date since he has to contact several people who are planning to be present. MSUC (Hyde/McCandliss) the alternate date to be March 23~ 1981 (Monday) at 7:00 p.m. MSUC (Hyde/Cox) to meet on March 12, 1981 and discuss the City Clerk's item: "Discussion of the Review of the City Clerk's Office". City Attorney Lindberg said he will not be present at the March 12 meeting as he will be attending an Attorney's Conference in Borre§o. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 12. Report on length of minutes of Plannin~ Commission meetings At the meeting of February 24, 1981, the City Council accepted the recommendation of the City Clerk and Director of PAPE that all City Council, Boards, Commissions and Committees be required to use a reduced minute format. The Council withheld decision on the Planning Commission minutes pending a report from the Director of Planning. Director of Planning Peterson referred to his written statement to Council asking that the Planning Commission minutes be exempted from this policy due to a need for the more lengthy minutes and the fact that they are reducing their minutes with the routine items treated in the short form and the more controversial and complex items reported in detail. MSUC (Scott/McCandliss) to accept the Planning Director's recommendation. 13. Report on Kiwanis Club request to stage a lO-kilometer run Director of Parks & Recreation reported that the lO-kilometer run would start at Rohr Park at 7:00 a.m. on April 18, 1981. The Kiwanis Club has agreed to pay up to $65 for Police Reserve services and approval is recommended. MSUC (Cox/Scott) to accept the request subject to staff conditions. City Council Meeting -4- March 10, 1981 14. Report on "Wheels for Life" Bike-A-Thon Director of Parks & Recreation Pfister recommended approval of the request on behalf of St. Jude Children's Hospital to stage the Bike-A-Thon on Sunday, April 26, 1981. The route will be along Sweetwater Roao, Willow Street and Bonita Road (4.7 miles). MSUC (McCandliss/Hyde) to accept the request subject to staff conditions. 15. Report on simultaneous processing General Plan Amendment and P-C zoning on Janal Ranch Director of Planning Peterson and City Engineer Lippitt submitted a written report in which they stated that they met with representatives of Cadillac Fairview and have reached a solution which will allow the simultaneous processing of the General Plan Amendment and their application for P-C zoning in accordance with Council's policy. In their written report to Council, the procedural steps for adherence to this Policy were detailed. MS (Scott/McCandliss) to accept the report. In answer to the Mayor's query, Director of Planning Peterson explained his change of recommendation indicating that the more detailed development standards could be deferred until the next stage after the rezoning stage (approval of the Sectional Planning Area Plan stage). That stage requires approval by both the Planning Commission and the City Council. Mayor Hyde stated he would be voting against the motion based on the fact that staff would be spending a lot of time on the processing plans -- that the Council should first make a decision on the growth management strategy prior to taking any action on this developer's plans. SUBSTITUTE MOTION: MS (Hyde/Gillow) to accept the ori, ginal recommendation of the Director of Planning and City Engineer: that the Council authorize the processing of the Janal Ranch General Plan Amendment prior to the processing of the application for Planned Community zoning and that the Council reconsider its position after it has had its consideration of the growth management plan in May. Council discussion followed regarding the merits of the motion; the philosophy of the Council in proceeding with the plans; getting all the facts before the Council makes a decision; public hearings which must be held. The SUBSTITUTE MOTION FAILED by the following vote: Ayes: Mayor Hyde, Councilman Gillow NOES: Councilmembers Scott, Cox, McCandliss Absent: None Councilman Cox expressed his concern about the procedural aspect regarding notification and staff reports to the developer. The matter was originally docketed for February 10 and by coincidence, the Council met on February 7 to discuss a growth management policy. This was the first time the developers were aware that this deviation of Council policy would occur. Councilman Cox questioned the short period of time that the developers were informed of the meeting and the staff's recommendation. He added that if the staff had handled the communication more effectively, there would not have been a need for all the continuances on this item. Director of Planning Peterson explained the time elements involved in getting out staff reports (A-113's) and notifying interested parties. Acting City Manager Asmus asked that the Council allow the staff to look into this procedure prior to taking any action changing the policy, MAIN MOTION: (to accept the report) carried with Mayor Hyde and Councilman Gillow voting "no". MSUC (Scott/Hyde) for staff to look into the policy of notifying people (perhaps even Monday prior to Council meetings or sometime) to see if there could be a more rapid dissemination of information. 16. Report - Need for fire retardant roofing ordinance in Chula Vista Director of Public Safety Winters reported on the letter received from the Los Angeles Board of Supervisors ur§iDg the City to pass an ordinance which would require fire re- tardant roofing in new constructions. Director of Public Safety Winters stated that this City does not have the heavily wooded areas adjacent to residential tracts (such as Los Angeles) and based on the geographic and topographic conditions in Chula Vista,~he feels it does not warrant changing the Building Code to require the fire retardant rooting. City Council Meeting -5- March 10, 1981 16. Report - Need for fire retardant roofin§ ordinance in Chula Vista -- continued MSUC (Scott/Gillow) to accept the report. 17. MAYOR'S REPORT a. Mayor Hyde reported that Chula Vista was awarded "Tree City U.S.A." by the National Arbor Day Foundation -- one of five in the State of California for the year 1980. The Chula Vista Garden Club sponsored the City in this event. Mayor Hyde showed the plaque, flag and two street signs which the City received in recognition of this honor. 18. COUNCIL COMMENTS a. Crime Prevention Committee request for funds Councilmember Gillow, Chairman of the Crime Prevention Committee, requested the authorization to spend $2,000 (from the $5,000 budgeted) for reprinting and distribution of the Crime Prevention brochure. Mayor Hyde said he discussed this item with Councilmember Gillow, Acting City Manager Asmus and Executive Director of the Chamber of Commerce, Niek Slijk. There may be a way in which the City can publish this crime prevention information along with the Park & Recreation brochure and general public information previously printed with the City calendar in the Chamber of Commerce's Annual Consumer's Guide. MSUC (Hyde/Scott) to refer this to staff and ask them to see if the Chamber would be willing to incorporate former calendar information about the City, Parks and Recreation program information for the City and crime prevention information into their publica- tion at a price that would be agreeable to the City. b. MSUC (Gillow/Hyde) for a Closed Door Session on personnel matters (following the regular business meeting). c. Councilman Gillow reported briefly on his trip to Washington, D. C. stating he will be presenting Council with a written report. d. Councilwoman McCandliss discussed the County of San Diego's support of San Francisco's effort to fight a utility increase proposed by the Public Utility Commission. MSUC (McCandliss/Hyde) for staff to contact Supervisor Bates' office and gather more information on this. ADJOURNMENT at 8:17 p.m. to the meeting scheduled for Thursday, March 12, 1981 at 4:00 p.m. and to the regular scheduled meeting of March 17, 1981 at 7:00 p.m. City Clerk