HomeMy WebLinkAboutcc min 1980/01/08 MINUTES OF A REGULAR CITY COUNCIL METING OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. January 8, 1980
A regular meeting of the City Council of the City of Chula Vista, California, was held on
the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building,
276 Fourth Avenue.
ROLL CALL
Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, McCand!iss, Scott
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager
Asmus, Development Services Administrator Robens, Director of
Planning Peterson, City Engineer Lippitt, Director of Personnel
Thorsen, Captain Clark
The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES It was moved by Councilwoman McCandliss, seconded by
Councilman Cox and unanimously carried that the minutes
of the meeting of January 2, 1980 be approved, copies
having been sent to each Councilman.
2. SPECIAL ORDERS OF THE DAY
a. PRESENTATION ON 1980 Ms. Terresa Hernandez, the Community Services Specialist with
FEDERAL CENSUS tho U.S. Bureau of Census, made a presentation to the Coun-
cil on the forthcoming 1980 census and the efforts being made
to insure the census represents a complete and accurate
count. The census will be conducted on April 1, 1980.
Ms. Hernandez distributed informational pamphlets to the
Council and urged the support of the Council and all citizens
in the census to insure that appropriate benefits are
realized in each locality (approximately $40 per person
in various funds).
3. ORAL COMMUNICATIONS
Clarence Knight Mr. Knight read a survey taken by Sandy Graves, former
117 Jefferson Street Chairman of the Safety Commission, concerning motorists
Chula Vista Vista stopping for marked crosswalks vs an unmarked corner. The
consensus was that motorists are more apt to stop for a
pedestrian in a marked crosswalk.
Jim Fuller Mr. Fuller appealed to the Council to implement the 3%
4004 Kearny Mesa pay increase for City employees effective January 1, 1980
San Diego rather than have it effective the "first full pay period"
(Representing the Chula of January - (January i11.
Vista Employees
Association)
Council discussion Tho Council and staff discussed the negotiations hold with
employee groups concerning this matter and it was noted
that representatives of the Association signed the MOU'5
indicating the increase would he effective the first full
pay period in January. Assistant City Manager Asmus
explained that if a change is made at this time, some other
employee benefits would have to be reduced to maintain the
budget level for employee salaries.
Motion to deny request It was moved by Councilman Cox, seconded by Councilwoman
McCandliss and unanimously carried that tho request of tho
Chula Vista Employees Association be denied.
Held Tuesday - 7:00 p.m. -2- January 8, 1980
ORAL CO~NICATIONS (Cont.)
Don Ritchey Mr. Ritchey, representing the Downtown Business and
92 "F" Street Professional Association, expressed concern regarding the
Chula Vista possibility that the Alpha Beta market may leave the Town
Centre area, closing their store on January 31, 1980. He
presented a letter from the Association outlining the
need for the market in this area and urging Council support
to work with Alpha Beta representatives to secure a new
market in the Town Centre area.
Council discussion The Council noted that the staff of the Community Development
Department has been working with Mr. Zogob and Alpha Beta
representatives to attempt to arrive at a solution to this
contemplated change.
Motion for Committee It was moved by Councilman Scott, seconded by Councilman
to meet with all Cox and unanimously carried that when the time is appro-
parties concerned priate that the Committee already set up from the Redevelop-
ment Agency (Chairman Hyde and Member McCandliss) meet with
them (staff and representatives of Alpha Beta) as soon as
practicable to tell them of the Council's concern and
express the Council's feelings to do whatever they (Council)
can to help, within reasonable bounds.
Mayor Hyde asked if there is more information available on
Thursday (January 10) if an update can be given at the
Council Conference on this subject.
4. WRITTEN CO~B~UNICATIONS (None)
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
CONSIDERATION OF opened the public hearing.
TENTATIVE SUBDIVISION
MAP FOR CHULA VISTA The applicant has submitted a tentative subdivision map
TRACT 80-6, SANTA for Santa Angela Condominiums, Chula Vista Tract 80-6, to
ANGELA CONDOMINIUMS subdivide a 0.97 acre parcel into a one lot, 28 unit
condominium project at 166 Third Avenue in the R-3 zone.
On November 28, 1979 the Planning Commission recommended
approval in accordance with their Resolution PGA-80-6.
Summary of staff report Director of Planning Peterson summarized the staff report
discussing the present buildings, the proposed construction
of new buildings, the storage and parking. He noted a
condition of the Planning Commission addressing the
historic character of this site and the requirement that a
suitable display be located within the complex, to which the
developer agreed. Mr. Peterson said staff concurs with
the Planning Commission's recommendation.
Stephen Wong Mr. Wong said the owner is in full agreement with the
3434 Fourth Avenue provision of the historical display and it is planned to
San Diego place a plaque and picture5 of the orchard area and the
(Civil Engineers for old Victorian house in the recreation room of the complex.
Owners)
Public hearing closed There being no further comments, either for or against,
the public hearing was declared closed.
Council discussion ensued concerning the parking requirements
under the ordinance and the ratio allowed for compact cars
(10% in residential zones). It was the consensus of the
Council that in the future, staff should reference the
parking requirements and the manner in which they are
satisfied.
Held Tuesday - 7:00 p.m. -3- January 8, 1980
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.)
5a. RESOLUTION NO. 9913 - Offered by Councilman Cox, the reading of the text was
APPROVING TENTATIVE waived by unanimous consent, passed and adopted by the
SUBDIVISION MAP FOR following vote, to-wit:
CHULA VISTA TRACT 80-6,
SANTA ANGELA CONDO~INIUMS AYES: Councilmen Cox, Hyde, McCandliss, Scott, Gillow
Noes: None
Absent: None
6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
CONSIDERATION OF opened the public hearing.
AMENDMENT TO THE CITY
CODE TO ALLOW PLANT In a written report to Council, the Director of Planning
NURSERIES IN THE C-O explained that the Council adopted interim ordinance No.
ZONE AS A CONDITIONAL 1882, allowing plant nurseries and the sale of related
USE hardware items in the C-0 zone subject to a conditional
use permit. The CUP procedure will provide a review process
which will help insure the appropriateness of plant
nurseries at a particular location and prevent adverse
effects on adjoining properties. The proposed ordinance
will establish this procedure on a permanent basis. The
Planning Conunission recommended approval in accordance
with their Resolution PCA-80-4. Staff concurred with
this recommendation.
Public hearing closed There being no comments, either for or against, the hearing
was declared closed.
6a. ORDINANCE NO. 1889 - It was moved by Councilman Scott that the ordinance be
AMENDING SECTION placed on first reading, and that the reading of the text
19.30.040 OF THE CITY be waived by unanimous consent. The motion carried by the
CODE ADDING PLANT following vote, to-wit:
NURSERIES AND THE SALE
OF RELATED HARDWARE AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss
ITEMS AS A CONDITIONAL Noes: None
USE IN THE C-O ZONE - Absent: None
FIRST READING
CONSENT CALENDAR It was moved by Councilwoman McCandliss, seconded by
(Items 7 through 11) Councilman Cox and unanimously carried that the Consent
Calendar be approved and adopted.
7. RESOLUTION NO. 9914 - Sapper Construction Company has completed the construction
ACCEPTING PUBLIC of curbs, gutters, sidewalks, cross-gutters, ramps and
IMPROVEMENTS, FEASTER asphalt paving in the Feaster Area. A final inspection was
AREA made on December 18, 1979 and all work was found to be in
accordance with the plans and specifications and to the
satisfaction of the City Engineer.
8. RESOLUTION NO. 9915 - Kampground Enterprises, Inc., has completed the construction
ACCEPTING PUBLIC of the sanitary sewer system through the KOA Campgrounds in
IMPROVEMENTS, SANITARY accordance with agreements approved by the Council. A
SEWER, KOA CAMPGROUNDS final inspection was made on December 19, 1979 and all work
found to be in accordance with plans and specifications and
to the satisfaction of the City Engineer.
9. RESOLUTION NO. 9916 - Hilltop Baptist Church applied for a building permit to
SETTING DATE AND TIME enlarge the existing building at 740 Hilltop Drive. In
FOR PUBLIC HEARING TO accordance with the City Code, the owner must underground
CONSIDER DEFERRAL OF the existing overhead utility services. J. B. Reed
UNDERGROUNDING REQUIRE- Construction, Inc., agent for the church, applied for a
MENTS AT 740 HILLTOP DRIVE deferral of the undergrounding requirements.
Staff reoommended that the Counoil set February 5, 1980
at 7:00 p.m. as the date and time for a public hearing
to consider this deferral request.
Held Tuesday - 7:00 p.m. -4- January 8, 1980
CONSENT CALENDAR (Cont.)
10. RESOLUTION NO. ~917 - T.B. Penick and Sons, Inc., has completed the construction
ACCEPTING PUBLIC of public improvements, except for the ornamental street
IMPROVEMENTS, THIRD lights, on Third Avenue between "E" and "F" Streets, Phase
AVENUE, "E" TO "F" One, and has requested that the City accept the improvements.
STREET, PHASE ONE All work, except the street lights, has been completed in
accordance with the plans and specifications.
The City Engineer recommended that the Co~mcil accept the
public improvements and that the City withhold the amount
of $68,618.14 (10% retention) until all the street light
standards have been installed.
11. RESOLUTION NO. 9918 - At the meeting of January 2, 1980 the Legislative Committee
SUPPORTING FORMATION OF recommended that the Council adopt a resolution urging the
A STATE-WIDE TASK FORCE creation of a state-wide task force of state and local
FOR CONSERVATION OF officials to formulate energy conservation plans as
ENERGY mandated by the Emergency Energy Conservation Act of 1979.
(END OF CONSENT CALENDAR)
Discussion of item Councilman Gillow noted with reference to Item 10, that the
No. 10 project on Third Avenue was completed for less than the
initial contract cost and that the work was well done.
Motion for letter of It was moved hy Councilman Gillow, seconded by Mayor Hyde
appreciation to and unanimously carried that the Mayor send a letter of
contractor appreciation to the contractor for the excellent work done.
RESOLUTIONS AND ORDINANCES, FIRST READING
12. RESOLUTION NO. 9919 - On December 13, 1979 the Civil Service Commission approved
APPROVING RULE CHANGE: a change to the Civil Service Rule regarding separation and
RULE 1.09, SECTIONS A reinstatement. The change was proposed because of
AND D, SEPARATION AND confusion caused by the original wording and the Commission's
REINSTATEMENT - CIVIL desire to see reinstatement lists handled separately from
SERVICE RULES eligibility lists.
Former employees placed In answer to a question from Councilwoman McCandliss,
on separate eligibility Director of Personnel Thorsen explained that the
list recommendation under Item 4 of the staff report (to give
the responsibility for placing ex-employees on an
eligibility list to the Director of Personnel) was because
scores will not be given. In the past scores were awarded by thc
Commission; now, placement on a list is automatic if the
employee has satisfactory performance ratings. They are
then placed on a separate list which is available for any
appointing authority.
Resolution offered Offered by Councilman Scott, the reading of the text was
waived by unanimous consent, passed and adopted by the
following vote, to-wit:
AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
13. RESOLUTION NO. 9920 - On December 13, 1979 the Civil Service Commission recommended
WAIVER OF CERTAIN RULE waiving certain rule requirements for the implementation
REQUIREMENTS FOR THE phase of the recommendations made by Arthur Young & Company:
IMPLEMENTATION OF (1) To allow incumbents in positions which have been
RECO~ENDATIONS MADE BY upgraded to assume incumbency in the new classification
ARTHUR YOUNG AND COMPANY without going through a competitive examination, and (2) to
IN THE CITY-WIDE allow incumbents filling positions which have been downgrade~
CLASSIFICATION STUDY to retain the rate of pay they were making at the time the
downgrade is effective.
Held Tuesday - 7:00 p.m. -5- January 8, 1980
RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.]
Resolution offered Offered by Councilman Gillow, the reading of the text was
waived by unanimous consent, passed and adopted by the
following vote, to-wit:
AYES: Councilmen Gillow, Cox, Hyde, McCandliss, Scott
Noes: None
Absent: None
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
14. ORDINANCE NO. 1888 - This ordinance will permit the City to control the number
AMENDING THE CITY CODE of dogs and cats allowed in residential zones. It was
RELATING TO THE NUMBER placed on first reading at the meeting of January 2, 1980.
OF DOGS AND CATS
PERMITTED IN RESIDENTIAL
ZONES - SECOND READING
AND ADOPTION
Ordinance placed on It was moved by Councilman Scott that this ordinance be
second reading and placed on second reading and adopted and that the reading
adopted of the text be waived by unanimous consent. The motion
carried by the following vote, to-wit:
AYES: Councilmen Scott, Gillow, Hyde
Noes: Councilmen Cox, McCandliss
Absent: None
15. REPORT OF THE CITY ~4~NAGER
a. Various developments City Manager Cole reported that the Ray Watt development
progressing in at "H" Street and 1-805 - Hidden Vista Village - is
E1 Rancho del Rey area scheduled for a Planning Commission hearing on February 26,
1980; E1 Rancho del Rey Unit 6 north of Telegraph Canyon
Road, between E1 Rancho del Rey Unit 5 and Casa del Rey,
may be submitting a tentative map within the next month;
and staff is processing plans for the Gersten condominium
development on the northeast corner of Telegraph Canyon
Road and Otay Lakes Road, and the Pacific Scene development
of single family homes on the northwest corner of Telegraph
Canyon Road and Otay Lakes Road.
Improvement of Telegraph Mayor Hyde questioned the Council policy of west to east
Canyon Road an off-site development and if these projects are approved, whether
condition of approval there will be a requirement for completion of four lanes
of Telegraph Canyon Road. Director of Planning Peterson
said this will be on off-site condition of approval.
b. Sweetwater Flood Control City Manager Cole reported that at the meeting held at
Project noon today with Congressman Van Deerlin, it was indicated
that the Sweetwater Valley Flood Control project was in
jeopardy.
City Engineer Lippitt said he discussed this project with
CalTrans and the Army Corps of Engineers and information
received from them indicates the project is not "dead"
although there are some obstacles to overcome with
California Fish and Oame. He stated he was informed the
freeway portion of the project is in the budget for the next
three years with the interchange budgeted for the next fiscal
year (Phase 1); Phase 2 is budgeted for the subsequent
fiscal year including thc rampa and grading for the
channel; and Phase 3 will be the freeway paving project to
be completed in the third year.
Held Tuesday - 7:00 p.m. -6- January 8, 1980
REPORTS OF THE CITY MANAGER (Cont.)
c. Request for Executive Mr. Cole said the City Attorney has requested an Executive
Session Session to discuss possible litigation.
Motion for Executive It was moved by Mayor Hyde, seconded by Councilman Cox
Session at the conclusion and unanimously carried that an Executive Session be
of the Council agenda held as requested at the conclusion of the Council agenda.
d. Library Concert Assistant City Manager Asmus reported briefly on the Library
Series discussed concert series for next Spring. He explained that the
Library staff has analyzed the problem and discussed the
situation with Mrs. Evans, including the suggestion that
the schedules be changed. It wa5 determined that it will
not be possible to reschedule programs this year, but the
attendance will be monitored and the matter discussed
further during budget sessions.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
16. REPORT ON TRAFFIC The Chief of Police submitted a written report in response
PROBLEMS AT 1-805 AND to the Council's concern regarding traffic problems at this
TELEGRAPH CANYON ROAD interchange. He stated the only way to diminish the
problems, short of signalization, is to provide manual
traffic control; however, he could not justify such control
at this location since the accident rate is not significant
and the cost of this type of control is prohibitive. He
recommended that the most practical approach is to wait
until the signal is installed.
Motion to accept report It was moved by Councilman Scott and seconded by Councilwoman
McCandliss that the report be accepted.
In response to a query from Councilman Cox, City Engineer
Lippitt said it is expected that the signal will be in
operation by the first of May.
Council discussion The Council and staff briefly discussed the problems of
controlling the traffic manually, with Captain Earl Clark
outlining the difficulties which could result in rear-end
collisions and traffic congestion which would not occur
with traffic being controlled by signals.
Motion carried The motion to accept the staff report carried unanimously.
17. REPORT ON CITY At the meeting of December 18, 1979 the Council considered
PARTICIPATION FOR a request by the developer of property on the southwest
TRAFFIC SIGNAL corner of Industrial Boulevard/Palomar Street (Harbor Manage-
RELOCATION COSTS AT ment Corporation) that the City pay for the cost of traffic
INDUSTRIAL BOULEVARD/ signal relocation necessitated by street widening, with
PALOMAR STREET the developer paying th~ full traffic signal fee at the
time the building permit is taken out.
Code requirements The City Engineer submitted a written statement explaining
outlined the Code requirements for the developer to construct the
adjacent public improvements, including traffic signal
relocation, noting that Council Resolution 9221 allows the
developer to cover the cost of traffic signal work and
then receive a credit in this amount when the traffic signal
fee is calculated at the time the building permit is issued.
Credit applied to It was staff's recommendation that the City not participate
traffic signal fee in tho cost of this traffic signal relocation, but that the
developer be given a credit to be applied to the traffic
signal fee to be calculated and collected at the time
the building permit is issued.
Motion to accept staff It was moved by Councilman Scott, seconded by Councilman
recommendation Cox and unanimously carried that the staff recommendation
be accepted.
Held Tuesday - 7:00 p.m. -7- January 8, 1980
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.)
Request clarified Mr. Lippitt clarified that a letter was received today
from Harbor Management Corporation stating that they will
not be the party constructing the building, and he said
that on the advice of the City Attorney, an agreement will
be prepared whereby the fee will be collected at the time
the building permit is issued, and Harbor Management
Corporation will be reimbursed rather than being given a
credit.
18. REPORT ON SUBMITTAL OF Since the idea of a Graduate Research Progrmn was suggested
APPLICATION FOR PERSONNEL in July 1979, the Personnel Department has been working to
GRANT put the plan into operation. Contacts have been made with
universities, a request form has been developed, and eleven
cities have indicated an interest with 36 projects received
to date.
Request made for Grant In a written report, Director of Personnel Thorsen said
that it was determined that the value of the project would
be enhanced by more formal supervision of the project,
closer contact with the universities, and the establishment
of a library of the research projects completed; therefore,
tho City requested an Intergovernmental Personnel Act grant
to pay for a part-time Graduate Research Program Coordinator.
Should the grant be awarded, the City Manager would be
authorized to accept the monies and be the official
representative for grant reporting, with the Director of
Personnel serving as the Project Director.
Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Gillow
and unanimously carried that the report be accepted.
MAYOR'S REPORT
a. Channel 39 news Mayor Hyde reported that Mr. John Brittan, newsman for
coverage Channel 39, contacted him today indicating that they will
be establishing news coverage for the South Bay, including
items on Chula Vista.
b. Meeting scheduled to Mayor Hyde said that a meeting has been scheduled for
discuss tax allocation Friday (January 11) at 8:00 a.m. with Supervisor Hamilton
on annexations to discuss the problems on the formula for the division
of property taxes on annexation of properties to the City.
He, Councilman Scott, and members of the City staff will
be attending. (This meeting may have to be rescheduled
since Councilman Scott may not be able to attend.)
c. Plaque for Public In response to a query from Mayor Hyde, Mr. Cole said that
Services Building the plaque for the Public Services Building is in "production"
and he will have a report on the status of this on Thursday,
January 10.
COUNCIL CemENTS
Discussion of proposed Councilman Scott questioned the status of the ADMA annexation
annexations and the information received concerning the proposed
annexation of the area adjacent to that property.
Mayor Hyde commented that no further action has been taken
by the Board of Supervigors on the ADMA annexation, pending
the meeting to be held with Supervisor Hamilton.
Director of Planning Peterson responded that staff is still
attempting to get clarification on the proper interpretation
of the law, as several conflicting opinions have been received
from LAFCO. He said the Acting Director of LAFCO has asked
for a letter with appropriate exhibits to be considered by
the Local Agency Formation Commission together with County
Counsel in order to make a decision. An answer should he
forthcoming in about two weeks.
Held Tuesday - 7:00 p.m. -8- January 8, 1980
COUNCIL COMMENTS (Cont.)
Area Plan prepared by Councilwoman McCandliss referred to the Area Plan for
County Area Agency on Fiscal Years 1980-1983 prepared by the County Area Agency on
Aging Aging. She stated that the Agency is required to set
certain goals, objectives, and priorities that affect
distribution of funds. She suggested that this year in
addition to attending the public hearing required, that
staff prepare testimony as to the conditions, services and
needs oH seniors in the community.
Motion for staff to It was moved by Councilwoman McCandliss and seconded by
prepare comments to be Mayor Hyde that stafH appear at the public hearing on
presented at public January 14, 1980 to provide testimony to the Area Agency on
hearing on Area Plan Aging on the Area Plan and that staff be asked to prepare
written testimony for presentation at that time - comments
related to the goals and objectives.
Suggestion for staff Councilwoman McCandliss said the hearing will be held from
comments to be prepared 8:00 a.m. until 12:00 noon at the Chula Vista Salvation
for Council Conference Army. She noted that staff has received a copy of the
on January 10 summary for review and suggested that a draft of proposed
comments be presented to the Council at the Council Conference
on Thursday for consideration prior to presenting them at the
public hearing.
City Manager Cole said staff will be able to have an out-
line for review on Thursday.
Motion carried The motion for staff to attend the public hearing and
present testimony carried unanimously.
Recommendation to Councilman Cox referred to AB 1951 (Mello) - Force Account
oppose AB 1951 Limitations for Charter Cities - which would subject charter
cities to the limitations now applicable only to general
law cities -- requiring that any public construction
activities costing over $5,000 be subject to public bidding
requirements as set forth in the Government Code. He said
the Legislative Committee reviewed this Bill and is
recommending that it be opposed as the City has more
flexibility with the existing procedure. He noted that the
Assembly Local Government Committee will hold a hearing on
the Bill tomorrow (Janaury 9).
Motion to contact It was moved by Councilman Cox, seconded by Councilman
Assemblyman Frazee Scott and unanimously carried that the City communicate with
regarding AB 1951 Assemblyman Frazee (Member of the Local Government Committee)
tomorrow morning to express the City's opposition to this
Bill.
Complaints regarding Councilman Cox said that a number of residents living on
parking limits on Guava Avenue have complained regarding the two hour parking
Guava Avenue along the street. He expressed his concern regarding the
imposition placed on these residents because of Court
facilities.
Motion for staff It was moved by Councilman Cox, seconded by Councilman
report on parking Scott and unanimously carried that staff be asked to report
permits back to the Council on the advisability of issuing some
type of temporary parking permit stickers on a request basis
for those properties which have two hour parking posted
adjacent to their living dwellings~
Held Tuesday - 7:00 p.m. -9- January 8, 1980
EXECUTIVE SESSION The Council recessed to Executive Session for possible
litigation purposes at 8:36 p.m. with the City Clerk
being excused. The City Attorney reported that the
meeting reconvened at 9:00 p.m.
ADJOURNMENT Mayor Hyde adjourned the meeting at 9:00 p.m. to the
Council Conference scheduled at 4:00 p.m. on January 10
and to the regular meeting scheduled for 7:00 p.m. on
January 15, 1980.
Deputy City Clerk