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HomeMy WebLinkAboutcc min 1982/08/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, August lO, 1982 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmen Scott, Malcolm, Moore Councilmen absent: Councilwoman McCandliss Staff Present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus The pledge of allegiance to the Flag was led by David Evans, Troop 899, Parkview Elementary School, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of July 29, 31 and August 3, 1982 Mayor Cox asked that two corrections be made to the minutes of July 29: a. That the motion on the SANDER project reflect the action of the City Council that it be either an Initiative or a Voluntary Referendum; and, b. Item No. 5 under Charter Amendments should show that Mayor Cox Qbstained from voting. MSUC (Malcolm/Scott) to approve the minutes as amended. 2.SPECIAL ORDERS OF THE DAY - None 3.ORAL COMMUNICATIONS a. James Matherly, 402 Oaklawn Avenue, Chula Vista, read a prepared speech given to the Metropolitan Transit Development Board in which he objected to the Tijuana Trolley and the high cost of government spending. b. Diane Newman, 40 Palomar Street, Chula Vista, President of Chula Vista Bobby Sox asked for $1,000 to defray the expenses of the team to play at Buena Park, California. Mayor Cox noted the Council policy of not funding these organizations or private individuals. c. Cindy Smith, 1025 Fourth Avenue, Chula Vista asked for financial help to attend a leadership seminar at Stanford University. Mayor Cox again noted the Council policy regarding funding of individuals. City Council Meeting -2- August lO, 1982 4. WRITTEN COMMUNICATIONS a. Letter of concern from the Cnu~a Vista Downtown Association regarding incidents at Memorial Park MSUC (Cox/Malcolm) to refer to staff. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. Public hearing Considering a request to waive the requirement of removing two utility poles within Chula Vista Tract 81-7, Peppertree Estates (Continued from the meeting of July 27, 1982) (City Engineer) a. Resolution 10971 Waiving the requirement to relocate two utility poles outside the subdivision boundary This being the time and place as advertised, Mayor Cox opened the public hearing. City Engineer, John Lippitt submitted a plat and pictures of the area explaining that on July 27, Council continued this hearing to this date to give property owners, SDG&E, and the developer time to look at the possibility of undergrounding the service from the pole on Jacaranda Drive. It was also requested that staff stake the curb line and the property line along the west side of Jacaranda Drive. Both these items have been done. The City Engineer recommended that Counci| adopt the resolution waiving the relocation of a) two utility poles outside of the subdivision or b) waive the relocation of one utility pole outside of the subdivision. Jack Nakawatase, Representing ADMA Co., 4398 Bonita Road stated that they have been working with staff, San Diego Gas & Electric and County Counsel to resolve all of these issues, He expressed concern about the time element, the 4 weeks they have already lost and asked Council to make a decision on the "basic issues." They want the power pole moved to the property line and San Diego Gas and Electric Company can do it right now. Dr. Aaron Mannis, 446 Jacaranda Drive, Chula Vista asked that the Council notify all of the people who si9ned the petition (presented to the Council at an earlier meeting) at the time this item comes to the Council for final action. City Attorney Lindberg stated that the Council is under no obligation to notify all petitioners; that the final map is not a matter of a public hearing. However, the Council as a matter of courtesy does notify people who specifically request to be notified. B. Goldman, representing ADMA Co. stated his objections to "a blanket notice" to all property owners in the area. There being no further comments for and against, the public hearing was declared closed. City Council Meeting -3- August lO, 1982 MSUC (Scott/Moore) to amend the resolution to state (somewhere in the body) that another "whereas" be put in: that further attempts be made to come up with a resolution that would be mutually beneficial to all parties concerned, and with no delay at all. ., 6. Public hearing Consideration of tentative subdivision map for Snug Haven, Chula Vista Tract 82-12 (Director of Planning) a. Resolution 10972 Approving tentative subdivision map for Snug Haven, Chula Vista Tract 82-12 This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Ken Lee explained that the applicant has submitted a tentative subdivision map on a 20 unit apartment complex under construction into a three lot condominium project on 1.68 acres located on the north side of "K" Street between Third and Fourth Avenues. In April 1980, the Planning Commission approved a conditional use permit to construct a 20 unit apartment/condominium project on 1.38 acres (Lots 1 and 2). The project was reviewed by the Design Review Committee and approved on July 17, 1981. A building permit application for an apartment was submitted to the City on June 8 and is presently being processed. In order to sell the units as condominiums, the applicant is requesting approval of a subdivision map. On July 28, 1982 the Planning Commission unanimously recommended approval in accordance with Resolution PCS-82-12. There being no comments either for or against the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 7. Public hearing Consideration of tentative subdivision map for Mission Verde, Chula Vista Tract 82-8, Paseo Ranchero and East "J" Street (Director of Planning) a. Resolution 10973 Approving tentative subdivision map for Mission Verde, Chula Vista Tract 82-8 This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee explained that the applicant has submitted a tentative subdivision map to subdivide lO acres into a one lot condominium project consisting of 102 dwelling units. The subject property is located within the Ladera Sectional Planning Area of E1 Rancho Del Rey Specific Plan and is zoned P-C. On MarCh 18, 1982, the Design Review Committee reviewed the project and recommended approval subject to certain conditions and modifications regarding minor architectural and site plan concerns. Environmental Impact Report EIR-78-2 was considered and certified by the Planning Commission on February 22, 1978. The Environmental Review Committee has reviewed the project and recommends that the City Council recertify the EIR and adopt the Candidate CEQA Findings. On June 23, 1982 the Planning Commission recommended approval in accordance with Resolution PCS-82~8. City Council Meeting -4~ August lO, 1982 Mr. Ralph Monsees, the applicant, stated he has been working very closely with City staff on this project and that he supports the staff and Planning Commission recommendations. Ernest L. Robbins, 488 Elm Avenue, Chula Vista cautioned the Council against approving the wooden shake shingles, stating that there has been a problem in other cities with fire hazards. In answer to Council query, the City Attorney responded that there are some laws being proposed regarding the use of this material. There being no further comments either for or against the public hearing was declared closed. Council discussion followed regarding the use of the wooden Shake shingles, the project being next to a canyon area; the City's obligation to look into this; the use of other roofing materials; the health and safety aspects of using this type of roofing material. MSUC (Scott/Malcolm} to place a condition on the resolution (a red flag} if in fact the City Council approves of a more stringent ordinance in regard to wooden shake shingles, that this subdivision would be covered under that law. RESOLUTION AS AMENDED OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. RESOLUTIONS AND ORDINANCES, FIRST READINGS 8a. Resolution 10974 Approving agreement with Chula Vista Jaycees for expenditure of City-appropriated funds (City Manager} b. Resolution 10975 Approving agreement with Gretchen Evans Library Concerts for expenditure of City-appropriated funds (City Manager} c. Resolution 10976 Approving agreement with U. N. Day Committee for expenditure of City-appropriated funds (City Manager) The 1982-83 budget includes appropriations for various Community Promotions organizations. Agreements have been prepared for the following groups in the amounts approved by the City Council: a. Chula Vista Jaycees $3,000 b. Gretchen Evans Library Concerts 1,250 c. U. N. Day Committee 350 RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts were waived by unanimous consent, passed and approved unanimously. City Council Meeting -5- August lO, 1982 9. Resolution ~0977 Revising Resolution No. 10920 for Fifth Amendment to an agreement between the City of Chula Vista and San Diego Unified Port District for Grounds and Comfort Station Maintenance at the "J" Street Marina in San Diego Unified Port District Property (Director of Parks and Recreation) By Resolution No. 10920, the City Council forwarded to the San Diego Unified Port District an agreement for the maintenance of the "J" Street Marina for the FY 1982-83, commencing on July 1, 1982 and ending June 30, 1983. A section was included indicating that the Port District would be responsible for any cost resulting from injuries paid for from the City's Worker's Compensation Program. The Port District returned the agreement and suggested the City adjust the labor rates as proposed in the existing contract to reflect an increase of 7.26% of the gardener's salary to cover the worker's compensation liability. This rate is the identical rate the district uses in calculating the State Compensation Fund for similar gardener personnel on the district staff. Council discussion followed during which they noted the poor condition of the landscaping and the employment of two staff people working in the area; and the need for a written report on this. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 10. Resolutions for League of California Cities Annual Conference a. Resolution 10978 Endorsing limitation of territorial expansion of special districts b. Resolution 10979 Endorsing establishment of Appeal Procedure for LAFCO decisions c. Resolution 10890 Urging the development of stronger method for enforcement of SBgO to reauire State to pay all expenses of mandated programs The League of California Cities meets in San Diego October 17-20, 1982. Resolutions for the consideration of the assembled League membership must be in to the League office by 9/3/82. The City Manager is recommending adoption of the above resolutions to be considered at the League Conference. RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts were waived by unanimous consent, passed and approved unanimously. City Council Meeting -6- August lO, 1982 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 11. Ordinance 1995 Amending Title 9 of the Municipal Code by adding thereto a new Chapter 9.06 relating to security alarm systems Second reading and adoption (Director of Public Safety) This ordinance would require a permit for security alarm systems and provide a penalty for excessive false alarms. The ordinance was placed on first reading at the meeting of August 3, 1982. MSUC (Moore/Scott) to place the ordinance on second reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. Ordinance 1996 Amending Section 8.08.070 of the Municipal Code relating to annual inspection fees for services provided by the San Diego County Health Department Second reading and adoption (City Attorney) The County Health Officer reeuested that the City Council adopt the same health permit fees that were adopted by the County Board of Supervisors at their meeting of June 29, 1982. The ordinance was placed on first reading at the meeting of August 3, 1982. MSUC (Scott/Malcolm) to place the ordinance on second reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. REPORT OF THE CITY MANAGER a. Report on reduced rubbish rates for low volume users Since May 1980, the City Council has been approached by residents who have been concerned that their monthly refuse rate with Chula Vista Sanitary Service (CVSS) was greatly in excess of the euantity of refuse which they generated. Two issues were subsequently referred to staff for further review: the first, to determine if a tiered cost plan for the number of cans per residence was needed or feasible; and second, to develop a reduced cost plan for residents who generate a very small amount of refuse. The recommendation is that the Council: 1. Amend the refuse ordinance to include the reduced rate for low volume users and 2. Not adopt a tiered cost plan for varying numbers of cans per residence. MSUC (Moore/Scott) to defer this item for one week (so that Councilwoman McCandliss can be present). City Council Meeting -7- August lO, 1982 City Manager Cole noted the effective date of the ordinance and stated this report will come back at that same time. b. City Manager Cole reported that the Fire Training Exercise will take place on Sunday, August 15 between the hours of 9:00 to 5:00 in the Town Centre I area. c. City Manager Cole noted that t~e City crews have completed 3.5 million sa. ft. of chip seal. d. MSUC (Cox/Malcolm) for a Closed Door Session for employee negotiations. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS ~4. Report on the need for a traffic signal at Bonita Road/Allen School Road (City Engineer) In response to a letter fromn Marlene Rogers of the Bonita Business and Professional Association and a City Council referral of July 27, 1982, the City's Traffic Engineering Division re~evaluated the traffic conditions and assessed the need for a traffic signal at the intersection of Bonita Road/Allen School Road. As in the past, the intersection fell significantly short of meeting the statewide accepted criteria for installation of a traffic signal. Also, it ranked below 13 other unsignalized intersections in the 1982 Traffic Signal Priority List. Therefore, the City Engineer is recommending that Council not install a traffic signal at Bonita Road and Allen School Road at this time. MSUC (Cox/Scott) to continue this item for one week. Mayor Cox explained that the notice was sent to the President of the Bonita Business and Professional Association. She is on vacation and will be back next week. 15. Report on traffic hazard at the median opening to the Canyon Plaza Shopping Center on Telegraph Canyon Road (City Engineer) At a past meeting, Council directed that staff review the traffic hazard at the median opening to the Canyon Plaza Shopping Center on Telegraph Canyon Road and report back. The Traffic Engineer's review of the accident records shows that there is no significant accident problem at this time and is recommending that no action be taken at this time. MSUC (Malcolm/Scott) to accept the report. 16. MAYOR'S REPORT a. Mayor Cox noted the poor landscaping on the East "H" Street off of 1-805 and also on the other end of "H" Street near the Bonita Vista High School. He asked staff to look into this. Councilman Scott requested that the staff also check the entrance on "J" Street off of I-5 which he stated looks like a "disaster area". City Council Meeting -8- August lO, 1982 b. Mayor Cox reported that the Senior Affairs Committee's report will be docketed for the Council Meeting of September 21. c. Mayor Cox reported on the MTDB meeting which he and Councilman Scott attended yesterday. The MTDB staff approved in concept the Trolley Station on "E" Street. They will be working with City staff to come up with the exact location of the site, the size, the financing, configuration and a plan for the proposed station. This report is due in mid-September. 17. COUNCIL COMMENTS a. Councilman Malcolm reported on legis|ative bill SB-2172 which relates to the control of cable TV rates. MSUC (Malcolm/Moore) that a letter be written for the Mayor's signature opposing SB-2172. b. Mayor Cox reported on the Sweetwater Flood Control Project stating that last Friday, the Environmental Impact Report was placed on the Federal Register. After 60 days for public review, Caltrans will be in a position to begin phase 1 of the widening of I-5. The Council recessed to Closed Door Session at 8:25 a.m. The City Clerk was excused, and the City Manager reported that the closed door session ended at 9:00 p.m. ADJOURNMENT at 9:00 p.m. to the meeting scheduled for August 17, 1982. M. F lasz Cit~C~k JMF:dl WPC O161C