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HomeMy WebLinkAboutcc min 1982/10/12STATE OF CALIFORNIA ) A!mFIDAVIT OF POSTING ORDER COUNTY OF S~q DIEGO ) ss OF ADJOU~N~.~NT OF ~ETI~G 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 the City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held October 12, 1982 and said meeting was adjourned to the time and place specified in .... the order of adjournment ATTACHED HERETO: That on Wednesday, October 13, 1982 at the hour of 8:50 a.m. I posted a copy of said order at a conspicuous place on or near the door o~ the place at which said me~ting of October 12, 1982 was held. i/~. " Clerk 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, October 12, 1982 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following Councilmen present: Cox, McCandliss, Scott, Malcolm, Moore Councilmen absent: None ADJOURNMENT The Mayor adjourne~ the meeting at 10:20 p.m. until Thursday, October 14, 1982 at 4 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 Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of October 12, 1982 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, October 12, 1982 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers McCandliss, Moore, Malcolm, Scott Councilmen absent: None Staff present: City Manager Cole, Assistant City Manager Asmus, Assistant City Attorney Harron 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 October 5, 7:00 p.m. MSUC (Malcolm/Scott) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Foreign Students by Mrs. Doris Cox Mrs. Doris Cox introduced thirteen (13) AFSS students along with their host families. Mayor Cox presented each student with a certificate and a City pen. b. Proclamation - Proclaiming Wednesday, October 20, 1982 as "UNITED NATIONS DAY" Mayor Gregory R. Cox presented the proclamation to Mrs. Kitty Raso, Chairman of the United Nations Day Committee. c. Oath of Office to Newly-Appointed Safety Commissioner Rudolf Hradecky and Library Board of Trustees, Betty Bay City Clerk Fulasz administered the Oath of Office. 3. ORAL COMMUNICATIONS None 4. WRITTEN COMMUNICATIONS a. Request for a traffic engineering study conducted at Otay Lakes Road between Allen School Lane and Cerro Grande - Mr. Rudolf Hradecky, 969 Buckaroo Lane, Bonita, Ca. 92002 MSUC (Scott/Moore) to refer this to the staff and Safety Commission. City Council Meeting - 2 - October 12, 1982 PUBLIC HEARING AND RELATED RESOLUTION 5, Public hearing Consideration of amendment to the Bonita Glen Specific Plan (Director of Planning) Resolution Approving an amendment to the sign regulations of the Bonita Glen Specific Plan (Director of Planning) This being the time and place as advertised Mayor Cox opened the public hearing. The applicant is requesting an amendment to the sign regulations of the Bonita Glen Specific Plan by increasing the allowable sign area for a freestanding sign from lO0 sq. ft. and wall signs from 50 sq.ft. to 75 sq. ft. Principal Planner Lee presented a plat noting the property in question and the areas designated "A", "B" and "C" under three ownerships. On parcel "B" is proposed a Denny's Restaurant. They are requesting a freestanding sign, freeway oriented, to be lO0 sq. ft. Mr. Lee noted the sign regulations of this specific plan and in answer to the Council's questions explained the visibility of the sign from the freeway, the access from the freeway into the proposed development, the monument sign proposed for area "A" under the ownership of Shell Oil Company, the height and square footage of the signs across the road from this proposed development {Love's, Ramada Inn, Texaco Gas Station). He added that the project is exempt from environmental review as a Class ll(a) exemption; that staff's recommendation is to amend the sign regulation and approve the request and that the Planning Commission recommended the amendment to the Boni ta G1 enn specific sign regulations in accordance with their Resolution PCM-83-1. Councilman Scott indicated the need for some graphics to see where the sign will be located, the distance from the freeway, and the elevation and visibility of the sign. Mr. Gene York, 160 Brightwood, Chula Vista, the applicant, stated that Denny's Restaurant stated its need for lO0 sq. ft. of sign area. If they do not get this, they will not be locating in this area. Mr. York compared the signs along the freeway at Highway 94 and 1-805, and that of the sign areas across the street from this development. He said he has spent one year getting this plan together; that the sign will be a one-sided sign because it will be blocked on the west side by the trees and landscaping; that the Council, if they so desire, can eliminate the second sign on Denny's freestanding sign and just give the entire lO0 sq. ft. to Denny's and that he will deal with the other signs in the development as they come in; that the peak hours of traffic along 1-805 will hamper some visibility of the sign as the people are speeding down the freeway. City Council Meeting - 3 - October 12, 1982 Mr. Frank Ferreira, 270 Bonita Glen Drive, Chula Vista stated that the perimeters of the Bonita Glen Plan as shown by the staff is erroneous. He stated he has been working for one year with three hotel chains. One has now backed out and he is working with two hotels. They will also need a large freeway-oriented sign and one of the hotels is talking about a 150 sq. ft. sign. Mr. Ferreira commented that the total sign area for this proposed development is inadequate -- he owns two-thirds of the Bonita Glen Specific Plan area and doesn't feel he should be restricted to any lesser sign area by approval of lO0 sq. ft. to Denny's Restaurant. Charlie Hart representing Shell Oil Company, owner of parcel "A" commented that there was no prevision for a sign on parcel "A." Mr. York and Mr. Ferreira rebutted by emphasizing the need for a large sign both for the restaurant and the proposed hotel. There being no further comments either for or against the public hearing was declared closed. In answer to the Council's query, Assistant City Attorney Harron stated that a condition of approval can be put into the resolution requiring Mr. York to grant an easement for access to the sign area. MSUC (Cox/Scott) to continue this item for two weeks and staff to be directed to work with the property owners and see if there is an opportunity to come up with a fair and equitable solution to the signing area for the three parcels. Also that staff is to come back with graphics showing how the sign will look from the freeway, how high it will be -- more precise definition of what is being discussed. RESOLUTIONS AND ORDINANCES, FIRST READINGS 6. Resolution 11033 Providing for the special appropriation of funds for support of the Chula Vista Historical Society (City Attorney) At the October 5, 1982 City Council meeting, a request was received from the Chula Vista Historical Society for the City to donate ~l 50 toward the preservation of photographs and artifacts depicting local history. Council directed staff to bring back a resolution appropriating these funds. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. Resolution 11034 Ordering the proposed "Shaw Reorganization" (Director of Planning) On April 30, 1981 the City received a petition from Dr. Walter Shaw for a proposed reorganization involving annexation of 2.77 acres of property to the City of Chula Vista and detachments from the San Diego County Flood Control District-Zone 3 and the Bonita-Sunnyside Fire Protection District. The City Council Meeting - 4 - October 12, 1982 property owner is pursuing annexation to the City in order to obtain an increased level of municipal services (sewer, fire and police protection) for one exi sting residence and two proposed for development. The Local Agency Formation Commission approved this proposal at their meeting of September 14, 1981, and authorized the City Council to initiate reorganization proceedings. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. Resolution 11035 Ordering the proposed Milburn/Palm Drive Reorganization involving annexation to the City of Chula Vista and detachments from the San Diego County F1 ood Control Di strict-Zone 3 and the Bonita-Sunnyside Fire Protection District (Director of Planning) On August 20, lg80 the City received an application for a reorganization from Mr. Jerry Milburn, owner of property at 3966 Palm Drive. The proposed reorganization involves annexation to the City of Chula Vista and detachments from San Diego County Flood Control Di strict-Zone and the Bonita-Sunnyside Fire Protection District. The Local Agency Formation Commission approved this proposal at their meeting of July 13, 1981, and authorized the City Council to initiate reorganization proceedings. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. Resolution 11036 Approving the Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Chula Vista Tract 81-1, Town Centre- Townsite 2 (City Engineer and Director of Community Development) The Final Map for Town Centre-Townsite #2 has been checked by the Engineering Department and found to be in substantial conformance with the tentative map approved by Council by Resolution No. 10623. The grading and improvement plans have not yet been completed. However, a supplemental agreement providing for the completion of these plans and all work necessary for the provision of grading and public improvements has been prepared for Council consideration and guarantees for the developer's portion of the work have been submitted by him. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent. Councilman Malcolm stated he is abstaining from voting on the matter -- although he is neither for or against the development, he does not like the way the Final Map is being approved. Councilman Malcolm added that he feels the Council is bending over for this developer because he doesn't have all of his agreements ready - that this is not done for other developers coming in for approval of final maps. Director of Community Development Desrochers City Council Meeting - 5 - October 12, 1982 explained that the agreements as proposed would make it feasible to develop all four projects simultaneously in this area. He stated that the City is not being put into any jeopardy because the Redevelopment Agency is assuring that the parking structure and the utilities will be installed. Mr. Desrochers added that disposition and development agreements have been signed by the developer which covers (a) transfer of properties; (b) City's and developer's response, (c) supplemental subdivision agreement responds and quotes the disposition and development agreement. The resolution was approved by the following vote: AYES: Moore, McCandliss, Scott, Cox NOES: Malcolm ABSENT: None lO. Resolution 11037 Revising salary bands for executive management personnel for fiscal year 1982-83 (City Manager) The proposed salary bands for Executive Management personnel reflect increases in both the minimum and maximum limits for each of the bands in order to accommodate anticipated salary adjustments for executive personnel. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. ll. Resolution 11038 Establishing the compensation plan for certain unclassified executive employees for FY 1982-83 (City Manager) The Mayor and City Council have determined increases for the City Attorney, City Clerk and City Manager to be included in the budget for Fiscal Year 1982/83. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12a. Report on Cost of Remodeling Old Court Facility (Assistant City Manager) When the City Council approved the remodeling contract for renovating the old court building for use as legislative field offices, staff was directed to report on the total cost of this project and more specifically, the estimated recovery rate that the City could anticipate in recapturing the dollars spent in making these improvements. The Assistant City Manger submitted the report detailing the expenditures and estimated revenues. MSUC (Malcolm/Moore) to accept the report. City Council Meeting - 6 - October 12, 1982 12b. Resolution 11039 Waiving bids for renovation of landscaping and irrigation system at old Court facility and appropriating funds therefor {Assistant City Manager) The contract for remodeling the old court building did not provide for the renovation of landscaping and the irrigation system around the building. In order to have this project completed and ready for occupancy shortly after the November elections, this work must be completed in a timely manner. City workforces can perform the work more efficiently, more quickly, and at a lower cost than through the normal bid process. The recommendation is that the City Council waive the bid process and appropriate the necessary funds to acquire the materials and planting supplies to complete the project ($9,500). RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 13. Ordinance 2008 An Emergency Ordinance/of the City of Chula Vista amending Section 18.12.140 of the Municipal Code relating to the time of expiration of tentative maps and the extension of tentative maps First Reading and adoption (City Attorney) On June ll, 1982, the Governor signed an emergency bill amending the State Subdivision Map Act Section 66452.6 which established a new time frame for the life of an approved or conditionally approved tentative map as well as a new time frame for the extension thereof as established by ordinance of local communities. Tentative maps will now run for 36 months with the possibility of an extension for an additional 36 months. MSUC (McCandliss/Scott) to place the ordinance on first reading and adoption; the reading of the text was waived by unanimous consent, passed and approved unanimously. Dick Brown representing Getsten Company noted that the resolution requires a public hearing by the Planning Commission for the extensions of the tentative maps. He felt staff should be given this discretion. If a subdivision i s a controversial one, a public hearing should be required; however, for those that are not, the staff should be given the discretion to authorize the extensions. Director of Planning Gray stated that stipulation was i n the ordinance. Discussion followed in which some of the Council Members noted they did not have the latest revised edition of the ordinance. Mr. Gray explained that the ordinance states the subdivider may request the extension and that application is filed at least 30 and not more than 90 days before the approval or conditional approval is due to expire and the Planning Director shall determine whether or not a public hearing is required based on the changing conditions in the area. MSUC (Scott/Cox) to reconsider the motion approving the ordinance. City Council Meeting - 7 - October 12, 1982 MSUC (McCandliss/Scott) to place the revised ordinance on first reading and adoption. 14. Ordinance 2007 Amending Chapter 5.37 and adding a new Chapter 9.17 to the Municipal Code, all relating to the regulation and prohibition of the distribution of drug paraphernalia in the City of Chula Vista Second Reading and Adoption (City Attorney) At the meeting of October 5, 1982, the City Council placed on first reading the ordinance constituting a total ban on the display or distribution of drug paraphernalia in the City of Chula Vista. The ordinance is now ready for second reading and adoption. MSUC (Scott/McCandliss) to place the ordinance on second reading and adoption. 15. REPORT OF THE CITY MANAGER a. MSUC (Malcolm/Scott) for a Closed Door Session for employee negotiations and personnel matters after the close of the business meeting. b. City Manager Cole reported on the meeting this morning at the Board of Supervisors in which they approved having cities pay for the arrested people that are housed in the County Jail and not charged with crimes (over 15.4%). This ordinance will become effective on July 1983 and in the interim period there will be a study by the Sheriff's Department to come up with some facts on it. Supervisor Hamilton voted for it. Council discussion followed in which Mr. Cole explained that Chula Vista is below the percentage of "bad" arrests set at 15.4%. Councilman Scott felt that a letter should be sent to the Supervisor of this District expressing the Council's disappointment in his vote. Councilman Moore said he was concerned on how this action would affect the Police Department; there are cities that exceed the 15% average but Chula Vista is not one of them. This may be a way of the Board of Supervisors getting to the City of San Diego which exceeds the 15% "bad" arrests; that the Council should get a report from the Director of Public Safety on this. MSUC {Scott/McCandliss) to write a letter to the Board of Supervisors with a copy to be sent to Supervisor Hamilton expressing Council's disappointment i n that vote, asking them to look at the figures and come back with a decision which would not put the Police Officers in jeopardy in doing their duty. City Council Meeting - 8 - October 12, 1982 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. Report Concerning Golf Scorecards and Pencils Bearing Advertising (Director of Parks and Recreation) At the August 24, 1982 meeting, Council authorized the Director of Parks and Recreation to seek requests for proposal from commercial vendors to supply golf scorecards to the City at no cost. The Director of Parks and Recreation reported that five companies responded, only one of which met all specifications set forth in the request ~ Sports Score Company of Portland, Oregon. Mr. Peter Kaye, owner of Jimmy's on the Green Restaurant, has submitted a signed agreement to provide golf pencils imprinted "JIMMY'S ON THE GREEN RESTAURANT, CHULA VISTA MUNICIPAL GOLF COURSE." The annual savings to the City will be approximately $1,800. MSUC (Moore/Malcolm) to accept the report. 17. Report on Request of Real Investment Corp. to Proceed with Assessment District for Otay Valley Road and Approve Condemnation of the Storm Drain Easement (City Engineer) At the Council meeting of September 28, a letter was referred to staff from Real Investments Corporation concerning a request to proceed with an assessment district to improve Otay Valley Road and to approve condemnation of a storm drain easement between Otay Valley Road and the Otay River. The recommendation is that Council: (1) Direct staff to return with the resolution modifying the tentative map conditions that will drop the street improvement requirements on Otay Valley Road, subject to a binding agreement from Real Investments Corporation to participation in an assessment district to provide these improvements, and (2) Set date of November 2 for a hearing to consider the necessity of acquiring right-of-way under eminent domain for a storm drain easement. Mayor Cox noted the letter received from United Enterprises stating they did not get the information and asking for a continuance. City Engineer Lippitt stated that he did send them the information last Friday. A public hearing is being set for November 2 and they will receive all of the information at that time. MSUC (Scott/Malcolm) to accept the staff's recommendation. 18. Report on Chula Vista Jaycee's Request to Conduct the Annual Fiesta de la Luna Parade (Director of Parks and Recreation) The Chula Vista Jaycees have requested approval to conduct the Annual Fiesta de la Luna Parade at lO:O0 a.m., Saturday, October 23, 1982 and for certain City Council Meeting - 9 - October 12, 1982 City support services to be provided at cost, along with permission to make band trophy presentations at the Civic Center Patio. The recommendation is that Council approve the requests. MSUC (Malcolm/Scott) to accept the report. 19. Report on Private Sector Refuse Collection Rates of Return and for Low Rates of Escondido (Director of Finance) On September 21, 1982, the City Council approved rate increases for the Chula Vista Sanitary Service effective October l, 1982. After approval, staff was directed to return with a report explaining why the City of Escondido's residential rates are so low and al so to research the "return-on-investment" experience by the major companies in the trash industry. The Director of Finance has submitted this report. MSUC (Scott/Cox) to accept the report. 20. MAYOR'S REPORT a. Mayor Cox reported that on October 13, the Board of Supervisors will be discussing the annexation policy (I-55) unincorporated areas adjacent to incorporated cities wishing to develop properties must annex to the adjacent cities. MSUC (Cox/Scott) for a staff member to attend the Board of Supervisors meeting and reiterate the Council's support of the 1-55 policy. b. Mayor Cox noted that a waste energy plant is being proposed in the San Marcos area and that there has been discussion of relocating the SANDER plant in Chula Vista to the Otay land fill. Councilwoman McCandliss noted Supervisor Bates' comment that a study will be made of relocating the SANDER project on the Otay land fill. She added that the Supervisors discussed both the Herzog and SANDER proposals and are sending this back to the Joint Powers for a recommendation on November 5, 1982. MSUC (Cox/Scott) to continue any further discussion on the SANDER project until the Council meeting of November 9, 1982. 21. COUNCIL COMMENTS a. Councilman Scott asked when a report will be ready on the mobilehomes located in the City parks. Director of Parks and Recreation Pfister said that a report will be ready at the end of this year. City Council Meeting ~ lO - October 12, 1982 b, Councilman Scott asked when the Hilltop Park bridges would be completed. Director of Parks and Recreation Pfister responded that the westerly bridge has been replaced and the easterly bridge will be replaced by the end of this month. c. Mayor Cox noted the letter received from the Chamber of Commerce asking that the Senior Citizen Referral Center be open on Saturday, October 16. MSUC (Cox/Moore) to discuss this request at the Council Conference scheduled for Thursday, October 14. d. Mayor Cox announced the Focus Area development groundbreaking ceremony will take place on Saturday, October 16 at ll:O0 a.m. The Council recessed to the Redevelopment Agency at 9:10 p.m. The meeting reconvened at lO:O0 p.m. and the Council recessed to Closed Door Session. The City Clerk was excused and the City Manager reported the session ended at 10:20 p.m. ADJOURNMENT AT 10:20 p.m. to the meeting scheduled for 4:00 p.m. on October 14, 1982 and 7:00 p.m. on October 19, 1982. JF:dl WPC O1 94C