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HomeMy WebLinkAboutcc min 1982/11/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, November 23, 1 982 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers McCandliss, Scott, Malcolm, Moore Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus Pledge of allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of November 16, 1982 MSUC (McCandliss/Scott) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY Mayor Cox introduced Terry Davidson, Star News Reporter, who will be covering the City Council meetings. 3. WRITTEN COM~JNICATIONS Claim against the City: Melchor Jacome, 3176 Reynard Way, San Diego Mr. Jacome filed a claim in the amount of $7,500, claiming he was falsely imprisoned, handcuffed, and arrested by security guards in a local store and later searched by a Chula Vista officer. The incident occurred on January 20, 1982. Since the claim was not filed within 100 days after the incident the recommendation was for denial. MSUC (Malcolm/Moore) to deny the claim. Claim against the City: John P. Schultz, 449 Mollison, E1 Cajon Mr. Schultz filed a claim for $10 million in damages for an incident that occurred on June 22, 1982 at which time he alleged he was physically and emotionally tortured by a Chula Vista Peace Officer. The recommendation was to deny the claim. MSUC (Malcolm/Moore) to deny the claim. City Council Meeting - 2 - November 23, 1982 PUBLIC HEARING AND RELATED RESOLUTION 4. PUBLIC HEARING CONSIDERATION OF REQUEST FOR RATE INCREASE MEDTRANS (DBA HARTSON'S AMBULANCE SERVICE) {Director of Public Safety & Director of Finance) a. RESOLUTION APPROVING AN INCREASE IN RATES FOR AMBULANCE AND PARAMEDIC SERVICE FOR MEDTRANS {DBA HARTSON'S AMBULANCE SERVICE) AND APPROVING AMENDMENT TO THE FIRST AMENDED AGREEMENT WITH MEDTRANS Hartson's Ambulance Service has requested a rate increase for ambulance {ENT) and paramedic (PM) services provided in the City of Chula Vista. The proposed new rates would permit Hartson's to charge the same fees in the City of Chula Vista that are presently charged in the remainder of their service area. The last fee increase was granted to the company over two and one-half years ago on April 29, 1980. Councilman Malcolm stated that he had several questions pertaining to the request. He did not have a chance to meet with staff today to go over these questions and ask for a continuance of this matter. Councilman Scott suggested holding a Council Conference. MSUC {Scott/Malcolm) to schedule a Council Conference for December 2, 1982 at 4:00 p.m. 5. ORAL COMMUNICATIONS a. Carl Stokes, 335 Camino del Cerro Grande, Bonita, requested a waiver of his mandatory trash collection fee stating that he lives alone and has no trash. The Councilmembers questioned Mr. Stokes on items of trash which he could have collected around his home; however, Mr. Stokes claimed that he has absolutely no trash-he has a dog, a garbage disposal, and a compost heap in which he disposes all his trash. MS (Cox/Scott) to refer this matter to staff to investigate and come back with a recommendation. Council discussion followed regarding the impossibility for verification of this type of request. Councilwoman McCandliss felt that Chula Vista Sanitary Service should be the ones to which these requests are directed. THE MOTION CARRIED by the following vote to wit: AYES: Cox, Scott, Moore NOES: Malcolm, McCandliss ABSENT: None City Council Meeting - 3 - November 23, 1982 b. James Cusack, 5915 Elder Gardens Street, San Diego, representing the South Bay Cultural Arts, explained that he had to go to Sacramento last Monday evening regarding the National Endowment Grant for the Cultural Arts Center. He had called the Assistant City Manager on Fri day and explained that this was a trip demanded by the time element in applying for the grant. He borrowed the money from the Credit Union to pay for the trip and is now asking a partial reimbursement from the City Council in the amount of $200. MS (Cox/McCandliss) to allocate the $200 that Mr. Cusack requested to cover a portion of his expenses in going to Sacramento. Councilman Malcolm questioned the parliamentary procedure of the reconsideration of the Council's previous motion of this request. He stated he would be very happy to work with Mr. Cusack on starting a private entity for donation of funds. Mayor Cox withdrew the motion, Councilwoman McCandliss withdrew the second. Therefore, no action was taken on Mr. Cusack's request. RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION 11085 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNION ICE COMPANY FOR PROVISION OF SNOW FOR THE CHRISTMAS TREE LIGHTING PROGRAM (Mayor) For the past two years, the City has arranged for the purchase of snow from Union Ice Company for the Annual Christmas Tree Lighting Program at the Civic Center. Before Union Ice Company will provide the snow, they require their customers to present an insurance policy covering any liability. Since the City is self-insured up to $100,000, it is necessary to provide them with a hold harmless agreement before they will provide the snow. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. RESOLUTION 11086 ADOPTING REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURE {Director of Planning) For the past several months the Environmental Review Section of the Planning Department has been studying the Environmental Review Procedures of the City of Chula V~sta in an attempt to streamline the process. The elements of the procedures that have been looked at included: shortening the review periods, elimination of public hearings when feasible, encouraging the preparation of negative declarations rather than environmental documents for the City of Chula Vista. The recommendation is that Council adopt the revisions to the Environmental Review Procedures and Guidelines for the preparation of biological surveys, acoustical reports and traffic studies. Environmental Review Coordinator Reed answered the Council's questions pertaining to various aspects of the changes in the procedure. City Council Meeting - 4 - November 23, 1982 Irene and Robert Maxwell, 473 Berland Way Chula Vista, questioned the time element involved in the review process stating they are only allowed 24 hours when they check out an Environmental Impact Report from the Library; asked about the appeal process, the public input, and urged the Council not to "water down" the process. Councilwoman McCandliss responded that she has looked this over in great detail and feels confident that the public good is being protected. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox announced that an anonymous contribution of $200 has just been given to Mr. Cusack to help defray his expenses to Sacramento. 8. RESOLUTION 11087 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA APPROVING DONALD R. HEYE FOR A DEFERRAL AND LIEN ON HIS PROPERTY AT BRANDYWINE AVENUE AND OTAY VALLEY ROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (City Engineer) The requirement to install portions of the public improvements at the Hyspan site on Brandywine Avenue has been deferred. A condition of approval of the deferral states that the owner shall enter into an agreement with the City agreeing to certain items. Mr. Heye has properly executed his portion of the agreement and it is now ready for approval by the City. Councilman Malcolm questioned the City's rights in the lien against this property. He asked if the lien against the property will be foreclosed as a mortgage and the legality of the City's liability if the property were defaulted. Councilman Scott indicated that liens go with the property-if the present owner defaulted then the next owners would be liable. City Attorney Lindberg explained the legal procedure involved, stating that the City would not lose the lien rights on any foreclosure operation; that the property is involved in the Industrial Development Bonds that the City has financed; there is a deferral agreement which the developer has signed stating he or his assigns would put in the public improvements within 30 days after the City notifies them; and also signed an agreement not to protest a 1911 Act. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC IScott/Moore) for a learned dissertation to be prepared by the City Attorney on the rights and obligations of liens. 9. RESOLUTION 11088 ACCEPTING GRANT OF EASEMENT FROM EL RANCHO DEL REY CORPORATION AND OTAY LAND COMPANY FOR WATER FACILITIES IN EAST "H" STREET (City Engineer) On June 1, 1982, the City Council by Resolution No. 10879 accepted a Grant of Easement from E1 Rancho Del Rey Corporation and Otay Land Company for the East "H" Street right-of-way. This easement specifically prohibited the City from City Council Meeting - 5 - November 23, 1982 using the easement for any other purpose or granting any rights in said easement area to any other utility, person, corporation, or public or private entity. Acceptance of this easement will allow the City to issue a permit to Otay Water District to construct water line facilities within the "H" Street right-of-way. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. lO. RESOLUTION 11089 APPROVING EXTENSION OF TIME FOR BRANDYWINE AVENUE/OTAY VALLEY ROAD WATER MAIN (City Engineer) Metro Young Construction Company has requested an extension of contract time to complete the installation of the water main on Brandywine Avenue and Otay Valley Road due to some problems of construction that have arisen and the recent rains which caused a construction delay of 2 working days. Councilman Malcolm questioned the penalty process stating that this particular contractor was offered a $300 bonus per day if he finished the project ahead of time and now the City is allowing him an extension of time. City Engineer Lippitt answered that two out of the ten days requested was due to rain, the other eight days was due to matters beyond the control of the contractor. RESOLUTION OFFERED BY MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. ll. RESOLUTION 11090 ACCEPTING PUBLIC IMPROVEMENTS, GRADING AND DRAINAGE FOR EAST "H" STREET (City Engineer) On November 3, 1982, a final inspection was made of the grading and drainage improvements to East "H" Street, constructed by Signs & Pinnick, Inc. All work has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. James A. Hutchison & Associates, project design engineers, examined the work performed and recommended acceptance by the City of Chula Vista. In answer to Council's question, City Engineer Lippitt explained that the waterline will begin next Monday and will be finished in March or April of next year. He will be meeting with Watts~ representatives tomorrow on the Assessment District request and will have a report to the Council at a future meeting. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 6 - November 23, 1982 12. RESOLUTION 11091 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS TO REIMBURSE ARBITRATOR, JOHN R. TAYLOR, IN THE ANGEL VILLAGOMEZ ARBITRATION (City Attorney) The matter of the arbitration between the City of Chula Vista and Angel Villagomez has been resolved. The decision has been rendered in favor of the City by the arbitrator and he has submitted a bill in the amount of $1500. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. RESOLUTION 11092 ESTABLISHING EXECUTIVE AND MIDDLE MANAGEMENT FRINGE BENEFITS FOR FISCAL YEAR 1982-83 (City Manager) The only change to the Middle Management fringe benefit program is the elimination of one floating holiday and the addition of one hard holiday for a total of 48 hours floating holiday time per year and 56 hours hard holiday time per year. The policy regarding vacation accrual balances for Executive Management positions has been revised to make it consistent with that established for all other City employees. Councilman Scott remarked that it would be of more value to the City if top management would take a vacation instead of paying them additional money for vacation leave that is on the books. City Manager Cole explained the request is just to provide top management with the same vacation policy as that afforded to middle management and the rest of the City employees. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott voting no. 14. RESOLUTION 11093 AMENDING RESOLUTION NO. 7073 ESTABLISHING HOLIDAYS FOR ALL EMPLOYEES AND A POLICY REGARDING THESE HOLIDAYS (City Manager) The Memoranda of Understanding negotiated with the Chula Vista Employees Association and the Western Council of Engineers for Fiscal Year 1982-83 establishes the following seven hard holidays for represented employees: Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Memorial Day The floating holidays (days on which City Offices will not be closed and City employees may take equivalent time off for) are designated as: City Council Meeting - 7 - November 23, 1982 Admission Day Veteran's Day Lincoln's Birthday Washington's Birthday In addition to the above, all Middle Management employees receive two non-designated extra floating holidays which accrue on July 1st of each fiscal year. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. ORDINANCE 2013 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 6.28 ACRES AT EAST "J" STREET AND 1-805 FROM R-l, P~C and R-1-H to R-1-H-P FIRST READING (Director of Planning) On November 9, 1982 Council directed that an ordinance be prepared to rezone the 6.28 acres on the north side of East "J" Street to R-1-H-P. The recommendation is that the City Council introduce the ordinance with the following development guidelines: I1) Any development shall be subject to Design Review Committee approval to assure retention of the view shed. (2) All structures shall maintain a minimum 25 foot setback from East "j" Street. (3) All dwelling units, regardless of type, shall be designed to meet the State of California Administrative Code Title 25 noise insulation standard for a miximum interior noise level of 45 dBA. All exterior private open space areas exposed to approximately 65 dBA level or higher shall be provided with a line-of-sight barrier protection. (4) Any development plan approval will require that an open space lot with an access easement to the San Diego formation soils be provided for qualified paleontologists to gain access and conduct necessary excavations at some future date. Mayor Cox stated for the record that a letter has been received from Attorney Craig McMahon, 1200 Third Avenue, 17th floor, San Diego, CA. Mr. McMahon asked for a continuance of this matter, stating that he has been contacted by property owners regarding the legality of the rezoning action taken by the City Council at the last meeting. City Attorney Lindberg stated that the City Council conducted a public hearing, made a determination and asked for an ordinance to come back. There will be a second reading of the ordinance in two weeks at which time Mr. McMahon can appear before the Council and present his testimony. City Council Meeting - 8 - November 23, 1982 MSC (Scott/Moore) to place the ordinance on First Reading, the reading of the text was waived by unanimous consent, passed and approved with Councilman Malcolm voting no. Director of Planning Gray stated that the ordinance contains development guidelines as requested by the Council. 16. ORDINANCE AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 12.30, SECTIONS 12.30.010 THROUGH 12.30.040, ALL RELATING TO THE REGULATION OF NEWS RACKS - FIRST READING (City Attorney) The law involving the right of persons to locate news vending machines in the public right of way and, in particular, on public sidewalks is that such a right does exist and that regulation by a City is limited to the physical characteristics of the news vending machines and protection of pedestrians. The proposed ordinance is meant to address the safety and aesthetic concerns that have affected cities. The typical problem is that a large number of unsightly news vending machines will often be installed at a heavily used intersection in such a way as to interfere with pedestrian movement. The proposed ordinance would prevent any such problem from occurring within this City. MSUC (Malcolm/Scott) to continue this item for two weeks (December 7, 1982). 17. ORDINANCE 2014 AMENDING CHAPTER 2.04 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO COMPENSATION FOR MEMBERS OF THE CITY COUNCIL AND THE MAYOR - FIRST READING (City Attorney) The Chula Vista City Charter allows the City Council to provide an annual pay increase for Councilmembers and the Mayor in an amount not to exceed five percent (5%). Therefore, an ordinance has been prepared for first reading on November 23, 1982. This will allow the ordinance to be effective in early January and the increase to be reflected in the first pay period in January 1983. MSUC (Moore/McCandliss) to place the ordinance on First Reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 18. ORDINANCE 2012 ESTABLISHING A MUNICIPAL SOLAR UTILITY - SECOND READING AND ADOPTION (Director of Building and Housing) On November 16, 1982, The City Council placed on first reading an ordinance establishing a municipal solar and conservation utility as provided under A.B.3788 signed by the Governor, which allows a public agency to pass on State solar tax credits to individual citizens leasing solar hot water systems. In City Council Meetin9 - 9 - November 23, 1982 placing the ordinance on first reading, the City Council directed staff to develop more information regarding the proposed ordinance prior to second reading. This report was prepared for Council review. MSUC (Scott/Moore) to place the ordinance on Second Reading and Adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. REPORT Analysis of the Federal Nuclear Civil Protection (NCP) Plan {Continued from 11/16/82) (Director of Public Safety) A special meeting of the County Unified Disaster Council was held October 25, 1982 to approve or reject the Nuclear Civil Protection Plan {NCP) that has been prepared by the Center for Planning and Research as a subcontractor to the California State Office of Emergency Services. At this meeting the Disaster Council voted to postpone a decision on the Crisis Relocation Plan until their next meetin9 which will be held December 2, 1982 and asked that each City Countil take a position on the Plan prior to the December 2nd meeting. The Director of Public Safety has submitted an analysis of the plan and is recommending that Council support the Crisis Relocation Plan. MS (Scott/Malcolm) not to support the plan. Councilwoman McCandliss asked the staff to respond to the question of what would happen if both the City and the County refused to participate in the plan. She added that she would wish that once approval of the plan is given that it would give full protection to the citizens; however, she felt this was a "wonderful dream" and it just wouldn't work. In answer to Council's questions, Director of Public Safety Winters stated that the only justification would be that the County, if it did not participate in the plan, would not receive funds. Mayor Cox noted the motion on the floor and the number of people requesting to speak on this item asking if anyone would now change their minds and not speak. Speakin9 against the item were Harold Rowell, 662 Carla Avenue, Chula Vista; Dr. Joseph Bookstein, 7810 Lookout Drive, La Jolla, a physician for social responsibility; Dr. Sedrick Garland, 1319 Park Row, La Jolla, a physician for social responsibility. Their comments in summary were: a. The Council should reject this plan and urge the Congress and the President to avoid a holocaust instead of spending money on a Federal nuclear plant. b. There is no meaningful survival after a nuclear blast. c. The President should be urged to negotiate in good faith with other leaders. d. There will never be three days warning before a blast. City Council Meeting - lO - November 23, 1982 e. Ninety percent of the people will not survive even after a relocation. Mr. James F. Meyers, Operations Officer, Office of Disaster Preparedness, San Diego, stated that this is the law of the land based upon the Federal Government, and it is the obligation of the County, State, and the Federal Government to provide means possible to protect the people of the United States. This plan is just the beginning of a plan that the government has in mind for the next seven or ten years in order to save lives. THE MOTION NOT TO APPROVE THE PLAN CARRIED UNANIMOUSLY. 20. REPORT OF THE CITY MANAGER City Manager Cole submitted an information sheet concerning the hazardous waste transfer station at the Otay Valley Road fill station. Mayor Cox noted that several cities in the County have inacted an ordinance which provides for public information on hazardous substances within their communities or being transported within the communities allowing the residents the right to obtain this information. Councilwoman McCandliss stated that the County is amending their present ordinance and it will be going back to the cities for possible amendments within the next two or three months. Assistant City Manager Asmus stated that the City's ordinance just adopts the County ordinance by reference, but it does not provide for knowing where chemicals are located. MSUC (Cox/McCandliss) to direct staff to come back with a report on what types of disclosures the City currently has regarding hazardous waste, and if there is such an ordinance to bring back any amendments as necessary. Councilman Scott noted that this is a Conditional Use Permit. Up to about two or three years ago, the City Council had all the Conditional Use Permits come before them for approval and now it just stays with the Planning Commission. Councilman Scott felt that any use such as this one on hazardous waste should automatically be brought to the City Council. Director of Planning Gray asked for clarification, indicating that rather than going through the hundreds of specific uses listed under Conditional Use Permits, that perhaps the Council could give the staff some criteria. Councilman Scott answered that he would ask for any Conditional Use Permit that has significance, both for specific neighborhoods and the community at large, that these should be automatically brought to the City Council as an agenda item. Assistant City Manager Asmus asked that this request be referred to staff and a report brought back at the next meeting. MSUC IScott/McCandliss) to refer this to staff to come back with criteria for items extraordinary significant. City Council Meeting - ll - November 23, 1982 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 21. REPORT On "Report from the Transit Advisory Task Force" (City Engineer) On June 22, 1982 a "Report on Regional Transit Issues" was accepted by Council. That report updated Council on the status of the San Diego Area Transit Advisory Task Force which has completed its initial purpose of developing recommendations on two regional transit issues: organization and financing. The report addresses those issues. The recommendation is that Council concur with the findings and recommendations. MSUC (Scott/Malcolm) to accept the report. 22. REPORT on status of SCOOT Maintenance Facility (City Engineer) An agreement between SCOOT and the County of San Diego was executed on August 6, 1980 which reserves $330,000 in County funds for development of a SCOOT maintenance facility. This agreement expires on August 6, 1983 unless SCOOT requests an extension to this agreement. At its meeting on September 15, 1982, SCOOT Board requested the Transit Coordinator to talk with National City Transit (NCT) staff concerning their interest in working with Chula Vista and SCOOT to develop a joint maintenance facility that would be used by both NCT and CVT. The report updates Council on the status of developing a SCOOT maintenance facility. The recommendation is that Council recommend to SCOOT Board that they request the County to extend the agreement for developing a maintenance facility. MSUC (Cox/Malcolm) to accept the report. In answer to Councilman Moore's question, Transit Coordinator Gustafson explained the cost factor involved stating that the Wilbur Smith Study recommended that the Committee look into the long term plans for the maintenance yard. The amount was $330,000; however this would not be enough to purchase land and construct a building. It would be possible to develop a joint facility with the City, County and the MTDB since the cost could go from $330,000 to over $1 million. 23. REPORT on request for traffic study at the intersection of Melrose Avenue ~st Rienstra Street for additional stop signs (City Engineer) The City Council on September 21, 1982, asked that staff and the Safety Commission study the need for additional stop signs at the intersection of Melrose Avenue and East Rienstra Street. A petition containing 26 signatures requesting additional stop signs has also been received by staff. Both the Engineering staff and the Safety Commission agree that additional stop signs are not warranted at this time. The recommendation is that Council make no changes at this intersection at this time. MSUC (Malcolm/Cox) to accept the report. City Council Meeting - 12 - November 23, 1982 24. REPORT on request for additional stop signs at Melrose Avenue/Telegraph Canyon Road (City Engineer) The Council asked that staff and Safety Commission study the need for additional stop signs at Melrose Avenue and Telegraph Canyon Road at their meeting on September 21, 1982. Both the Engineering staff and the Safety Commission agree that additional stops are not needed at this time. The recommendation is that Council make no changes at this intersection at this time. MSUC (Malcolm/Cox) to accept the report. 25. REPORT on update of Chula Vista's Emergency Plan (Director of Public ~) At the City Council meeting of July 29, 1982, the staff presented a revised Emergency Plan. Council directed staff to proceed with further improvements of the plan to include the use of Volunteer Disaster Service Workers. The recommendation is to approve additional members that have been recommended to serve on the Disaster Council. MSUC (Cox/Malcolm) to accept the report. Councilman Moore volunteered to serve on the Disaster Council. MSUC (Scott/Malcolm) to accept Councilman Moore's appointment to the Disaster Counc i 1. 26. REPORT on Non-Fee Activities in the Parks and Recreation Department ~tor of Parks and Recreation) During discussion by Council for the revision and implementation of the new Master Fee Schedule, Councilman Moore requested a listing of all Parks and Recreation facilities or programs offered free to the public. The Director of Parks and Recreation has submitted that list. MS (Scott/McCandliss) to accept the report. Councilman Moore indicated that there were a number of items in the staff report that were missing as services provided free to the public such as, tennis courts, Little League ballfields, and other items. SUBSTITUTE MOTION MSC IMoore/McCandliss) to refer this report back to the staff to be updated. Councilman Scott voted no. City Council Meeting - 13 - November 23, 1982 27. REPORT on legality of price sign facing 1-805 freeway and possible ~ent (Director of Planning) The Planning Department was asked to investigate the legality of the price gas sign at Bonita Road and 1-805 and for staff to investigate ways to abate the sign. After investigating Code requirements and the legality of the sign, the Director of Planning is recommending that Council direct staff to report back on the status of the violation within 90 days. Councilman Scott questioned how the sign was allowed to remain and be erected. Principal Planner Lee explained that the main sign did have approval; however the price sign did not. He added that the staff does pass by this sign on a daily basis; however the Building and Housing Department was not checked for the permit and the only violations that are handled are those that come in on a complaint basis. Councilman Scott objected to this policy stating that the public is unaware of the legality of some of these violations. MSUC (Malcolm/Moore) to accept the report with the recommendations stated in the report. 28. MAYOR'S REPORT a. Mayor Cox stated that the following people have donated money for the Christmas Tree Snow Program: Balboa Thrift & Loan $100 Craig K. Beam, Atty. $25 Chula Vista Sanitary lO0 Chula Vista Town Centre Gene & Irene Grady 20 Bus. & Prof. Assn. lO0 Imperial Savings & Loan Assn 25 Mitsubishi Bank of Calif. 25 Royal Vista Inn of C.V. 50 Wilson Ins. Agency, Inc. 50 Peoples Bank 50 First Interstate Bank 20 The Gersten Companies 250 Bonita Optimist Club 100 Old Bonita Store Restaurant 35 San Diego Trust &Sav. Bk. 50 b. Mayor Cox presented a plot plan of the Civic Center plaza stating that the Optimist Club is donating $250 for a permanent Christmas tree to be located in the plaza. It would be located to the north of the existing fountain. Mayor Cox asked for approval from the City Council for deviation from the plaza's landscaping plan in order to plant this tree. MSUC IMoore/Malcolm) to approve the tree location as presented. c. MSUC ICox/Scott) for a Closed Session for personnel matters at the close of the meeting. d. Mayor Cox announced that the Starlight Yule Parade will be held on Monday, November 29 at 7:00 p.m. He asked whether steps have been taken for crowd control and for those vendors selling items along the streets. Director of Public Safety Winters stated that the T I'l T City Council Meeting - 14 - November 23, 1982 problem last year was the lack of police reserve officers. This year because of the limited amount of reserves, he will be using regular officers and that they will be enforcing the ordinance regarding the vending businesses. e. Mayor Cox announced the 'Board of Supervisors today approved in principle, $1.2 million for acquisition of the land to build a trolley station on "E" Street - this will be a tri-party agreement with the County, MTDB, and Chula Vista. Completion date is expected by the end of the next calendar year. Council man Scott complimented the Mayor for all the work he put into getting this project built in Chula Vista. f. The Mayor and the City Council wished everyone a Happy Thanksgiving! 29. COUNCIL COMMENTS a. MSUC (Malcolm/McCandliss) to ratify the appointment of Doris Cox and Eric Money-Penney to the International Friendship Commission. b. Councilman Scott discussed the letter from the City Attorney concerning the certified and cashier check issue in the cardroom lottery held a month ago. He noted that there were a few applicants who had applied for the lottery who already operate a cardroom. Councilman Scott felt the staff should look into amending the ordinance regarding cardrooms to include a section that would not allow for the ownership by one person of more than one cardroom. This could be a person or any member of his immediate family. City Attorney Lindberg stated that he would examine this issue as to the legality of restricting the licenses. The Council recessed to Closed Session at 9:20 p.m. and the meeting reconvened at 10:03 p.m. ADJOURNMENT at 10:03 p.m. to the meeting scheduled for Tuesday, December 7, 1982 at 7:00 p.m. x~ I~ M~ ~LASZ, CMC ~ ~ '~ C1 erk WPC 021 7C