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HomeMy WebLinkAboutcc min 1979/12/18 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CNULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. December 18, 1979 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, McCandliss, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens, City Engineer Lippitt, Director of Planning Peterson, Chief of Police Winters, Director of Parks & Recreation Hall, Transit Coordinator Bloom, Purchasing Agent Espinosa, Director of Finance Grant, Director of Personnel Thorsen, Director of Community Development Desrochers, Director of Policy Analysis and Program Evaluation Thomson 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 Councilman Scott and unanimously carried by those present that the minutes o£ the meetings of December 6 at 7:00 p.m., the regular meeting of December 11, and the Joint Council/Rede- velopment Agency meeting of December 11, 1979 be approved as mailed, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY None (Councilman Cox arrived at this time) 3. ORAL COMMUNICATIONS Gene Coleman Mr. Coleman stated, for the record, that the City Council does 1670 Gotham Street not represent him in its suit against the State of California Chula Vista relative to the 8ayfront project; that in fact, he considers the Council is suing him. He added that the Council is pursuing the extinction of another "endangered species" --the American tourist. The second point Mr. Coleman brought up was the Mayor's vote against putting on the ballot the question of the fifth Pipeline. Council discussion followed in which the City Attorney, Mayor Hyde, and the individual Council members expressed their viewpoints on having the Mayor act on behalf of the Council when attending outside meetings. Mr. Coleman asked that the Council place the water issue on the April 8, 1980 General b~nicipal Election. 4. WRITTEN COMMUNICATIONS a. Claims against the City Claims in the amount of $10,000 and $50,000 each were filed against the City by: Charles Becker, 986 Fifth Avenue, Chula Vista ($10,000); David M. Jimenez, 1180 Fifth Avenue, Chula Vista ($50,000); Robert A. Jimenez, 2213 La Siesta Way, National City ($50,000); Vincent A. Jimenez, 467 Oxford Street, Chula Vista ($50,000). The claimants alleged unlawful arrest and intentional battery by the police. Held Tuesday - 7:00 p.m. -2- December 18, 1979 WRITTEN CO~I~UNICATIONS (Cont.) Motion to deny claims It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the claims be denied. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing. PLAN FOR THE DEVELOPM£NT OF A 3.84 ACRE PARCEL IN Director of Planning Peterson, in referring to his written THE 1000 BLOCK OF INDUS- analysis to Council, explained that the applicant has TRIAL BOULEVARD IN THE submitted a precise plan for a two-phase industrial develop- I-P ZONE ment located on the west side of the 900 block of Industrial Boulevard opposite Moss Street. The first phase of the development will involve the construction of a 60,192 square foot one-story industrial building which will be used as a wholesale appliance distribution center. The second phase, which is scheduled in 5-10 years, will involve the construction of a 19,040 square foot warehouse addition at the northwest corner of the original building. Environmental Impact On November 28, 1979, the Planning Commission adopted the Negative Declaration on IS-80-17. Planning Commission On November 28, 1979, the Planning Commission recommended recommendation approval of the precise plan in accordance with their Resolution PCM-80-10. Council queries In answer to the Council's questions, Mr. Peterson explained the requested reduction in setback, the Design Review Commit- tee's action; the condition of constructing a 6 foot high fence adjacent to the north side of the driveway between the single family residences and the industrial building to provide screening from the parking during the operation of phase I. Rod Wright, architect Mr. Wright stated that they concur with all the Planning HCH Associates Department's and Commission's report and conditions. 8953 Complex Drive San Diego Public hearing closed There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION NO. 9891 - Offered by Councilman Cox, the reading of the text was APPROVING THE PRECISE waived by unanimous consent, passed and adopted by the PLAN FOR DEVELOPMENT following vote, to-wit: OF 3.84 ACRES IN THE 1000 BLOCK OF INDUSTRIAL AYES: Councilmen Cox, Hyde, McCandliss, Scott, Gillow BOULEVARD Noes: None Absent: None 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRO- opened the public hearing. In a written report to Council, POSED TOW SERVICE RATE Chief of Police Winters explained his submittal of the INCREASE analysis of rates for six cities in the San Diego County area. Based on the average rates of these cities, he con- cluded that the rate for Chula Vista should be increased - the reco~ended amounts - to a 40% increase. ChieE Winters noted that the special rates for nights, weekends and hell- days have been eliminated, and he is suggesting one rate for accidents and one rate {or non-accidents regardless of the time the service is needed. Held Tuesday - 7:00 p.m. -3- December 18, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Duane W. Pudgil Mr. Pudgil said he was spokesman for the four towing services South Bay Towing which contract for this service. Itc spoke in support of the Contractors the rate increase stating that the last one received was in August 1975. They are requesting that all towing be raised to $25.50 and $28.50 with storage to be $5.00 per day. In answer to the Council's query, Mr. Pudgil explained the "after-hours" rates - the service required after 5:00 p.m. each day (normal working hours are 8:00 to 5:00 p.m.). Public hearing closed There being no further comments, either For or against, the hearing was closed. Motion to approve new It was moved by Mayor Hyde, seconded by Councilwoman rates McCandliss and unanimously carried that the new rates as proposed by staff be approved and that an appropriate resolution be brought back to the Council. RESOLUTIONS AND ORDINANCES FIRST READING 7. CONSIDERATION OF SITE Director of Planning Peterson reported that the applicant PLAN FOR COMMERCIAL has submitted his site plan to remodel the interior and DEVELOPMENT AT THE exterior of an existing building and to construct a new SOUTHWEST CORNER OF 9,200 square foot structure on the southeast portion of the BROADWAY AND "H" STREET site adjacent to Broadway. Mr. Peterson referred to a plat of the area detailing the proposed construction, ingress and egress, architectural theme, signs and parking. Environmental Impact The Environmental Review Committee, on November 29, 1979, concluded that subject to certain conditions, there would be no significant environmental effects (Initial Study IS-80-3). Recommendation of Director of Planning Peterson recommended approval of the Director of Planning site plan and architecture of the proposed shopping center, subject to the recommended conditions. Condition regarding Mr. Peterson explained that the Planning Commission required driveway off Broadway the applicant to close the southernmost driveway to the (condition #5) service station (Mobil) on Broadway, and then to have that service station take its access from the new driveway which would be constructed to the south of the eXisting driveway, Mr. Peterson added that this is a difficult condition for the applicant to fulfill at this time because Mobil Oil has a lease on that station which runs for some time. The applicant has suggested that instead of closing that one driveway, that they use the existing service station drive- way to provide access not only to the service station but to the new center as well. The staff evaluated this and finds it acceptable, and it is their recommendation that condition #5 be deleted. Don Schoell, architect Mr. Schoell stated that in drawing up the plans, they talked 755 Union Street with a representative of the service station and that "Mobil San Diego just didn't want to talk about it; they are a huge corpora- tion and are not making any decisions at this time." Mr. Schoell referred to the site plan noting the driveway in question and the access area to the bank. Me stated there would be no difficulty using the service station driveway directly into the center complex. Council discussion Discussion followed regarding the right-hand turn lane; the 12 foot right of way; the drive-in sections of the bank and the area needed for these cars; the term of the lease for Mobil Oil; the feasibility of placing the construction of the future driveway as a condition of approval; and Traffic Engineer's approval of this plan. Held Tuesday - 7:00 p.m. -4- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST READING (Cont.) Suggested continuance In answer to the Council's question, Mr~ Schoell indicated their need for the Council to make a determination tonight. Motion to amend resolution It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that condition #5 be deleted: "The most southerly curb opening on Broadway for the adjacent service station shall be closed and the curb return modified to conform to the new driveway planned £or the shopping complex. The radius of the curb return shall be subject to the approval of the City Engineer." 7a. RESOLUTION NO. 9892 - Offered by Mayor Hyde, as amended, the reading of the text APPROVING SITE PLAN was waived by unanimous consent, passed and adopted by the FOR BROADWAY AND "H" following vote, to-wit: STREET SHOPPING CENTER Ayes: Mayor Hyde, Councilmen ~4cCandliss, Gillow, Cox NOES: Councilman Scott Absent: None 8. RESOLUTION NO. 9893 - The election is called for April 8, 1980 to elect two Council- CALLING THE GENERAL men and three members of the Board of Education of the Chula MUNICIPAL ELECTION ON Vista City School District. Also on the ballot is the APRIL 8, 1980 TO ELECT question of whether the Governor and Legislature should appor- CERTAIN OFFICERS OF THE tion two cents rather than one cent of the existing six cents CITY AND TO SUBMIT TO sales tax to be used by cities and counties and special THE ELECTORS A QUESTION districts for priority local services rather than by the RELATING TO THE DISTRI- state for state distribution or state reserves. BUTION OF STATE SALES TAX REVENUE Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow, Cox Noes: None Absent: None 9. RESOLUTION NO. 9894 - T.B. Penick & Sons, Inc. has essentially completed the EXTENDING CONTRACT FOR public improvements for Third Avenue, Phase One; however, PUBLIC IMPROVEMENTS - the street light standards which were to be here by December THIRD AVENUE, "E" STREET 10, have not arrived and have been lost in transit. Staff TO "F" STREET, PHASE I requested that an extension be granted to the contractor until January 9, 1980. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None 10. RESOLUTION NO. 9895 ~ In a detailed report to Council, the City Manager explained ACCEPTING NEGOTIATED the formula for the distribution of the property tax monies PROPERTY TAX EXCHANGE from the 20+ acre parcel of land located at the southeast RELATING TO JURISDIC- corner of Bonita Read and Otay Lakes Road {ADMA Corportion) TIONAL CHANCES which initiated annexation to the City sometime ago. In analyzing the formula, the City Manager stated he could not recommend that the City accept the County formula as it pertains to this parcel or other parcels that are being annexed to the City, as a permanent solution to the tax exchange problems. Held Tuesday - 7:00 p.m. -5- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST READING (Cont.) Recommendation o£ the The recommendation of the City Manager was: (1) to approve City Manager the resolution; (2) institute action to establish a task force for San Diego County to develop an equitable formula for distribution of property taxes in the case of annexations; (3) if this fails, to seek State Legislature action through the League of California Cities to amend AB 8 provisions pertaining to a property tax distribution for annexations; and (4) establish a moratorium on annexations not yet initiated. Meeting with Board Mr. Cole said he appeared before the County Board of of Supervisors Supervisors this morning to indicate staff's feeling about this proposed formula. The County, at his request, passed their resolution adding a paragraph indicating that if the State law is amended to provide for a distribution formula for property taxes, it would retroactively affect this property. The Board stated that when the City gets into more annexa- tions, they wanted their staff to negotiate with the City for a more equitable formula. Council/Manager A lengthy discussion followed regarding the basis for the discussion formula; the monies the City would receive; other cities in the County should be notified of this; work with the legislators to get the law changed; the City should not be forced to accept something that the County feels is right; this formula will be utilized on annexations that have under one million dollars in assessed value. Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent. Motion to amend It was moved by Mayor Hyde, seconded by Councilman Scott resolution and unanimously carried that after the words "Be resolved" the following be added: "(~en) a new formula for property tax exchanges is arrived at between the County and the City, such new formula shall apply retroactively to the property concerned." Action by Board of Assistant City Manager Asmus stated that he was informed by Supervisors County Counsel that they could not recommend to the Board any resolution with any language in addition to what they have - that it would not be legal since the annexation cannot be conditionally approved. Opinion of City Attorney Mr. Lindberg said he discussed this several times with the County Counsel and he does not agree with their legal opinion. The amendment to the resolution as offered by the Council this evening would not in any way deter the finalization of the annexation (ADMA). Jack Mann Mr. Mann referenced AB 8 stating that the language in that Representing ADMA Bill states that every single annexation is looked at as a Corporation unique situation. In allowing this annexation, the Council in no way commits itself to the same formula for future annexations. Mr. Mann strongly urged the Council to approve the resolution tonight. Council discussion Further discussion ensued as to the formula applying to future annexations; City meeting with the County to negotiate a new formula; how the County staff came up with this formula; continue the resolution until City staff can meet with the County; what happens to the annexations if the Board of Supervisors does not accept the amendment to the resolution. Resolution adopted The resolution was adopted, as amended, by unanimous vote as amended of the Council. Motion to continue It was moved by Mayor Hyde, seconded by Councllman Cox, and unanimously carried that this item be docketed on the next Council agenda after the Board of Supervisors has had a chance to act on it. Held Tuesday - 7:00 p.m. -6- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST READING (Cont.) Motion to meet with It was moved by Councilman Cox and seconded by Councilman Board of Supervisors Scott that the Council requests the Board of Supervisors to meet with the City Council of Chula Vista, at whatever site is determined, to consider various formulas which could be devised to have a more equitable distribution of the funds. D~scussion of motion Mayor Hyde questioned whether it would be more appropriate for him to first contact the First District Supervisor and meet with him, along with another member of the Council, to discuss this informally. Substitute motion It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the Mayor and one other member of the City Council seek a meeting with Supervisor Hamilton plus whatever other Supervisors he would like to have in company with him, and their respective staffs, to discuss this matter and try to resolve the differences between the parties. Motion to contact It was moved by Councilwoman McCandliss and seconded by Coun- cities cilman Scott that all the cities in the County should be given a copy of the staff's"A-113" (agenda report) outlining the effect it will have in Chula Vista and then encourage them to contact their Supervisors if they see the same thing happening in their cities. Discussion of motion Discussion followed regarding the wisdom and timing of sending out this report; that the report was informational; the need to advise the cities of this concern. Assistant City Manager Asmus stated that the cities of Escondido and La Mesa had annexations approved by the Board of Supervisors today and in talking with them, they had no idea of using Chula Vista's approach. Motion restated It was moved by Councilwoman McCandliss, seconded by Coun- cilman Scott and unanimously carried that when staff com- pletes their preparation of statement of position, that this statement be forwarded to the cities as an informational item. Councilwoman McCandliss remarked that her intent of the motion was not to call for any pressure but if any of the cities has concerns equal to Chula Vista's, that it will generate its own pressure. 11. RESOLUTION NO. 9896 - By Resolution 9243, the Council approved an agreement with APPROPRIATING ADDITIONAL E1 Rancho del Rey for participation in the cost of construc- FUNDS AND AUTHORIZING ting public improvements in Telegraph Canyon Road adjacent EXPENDITURE FOR PROJECT to E1 Rancho del Rey No. 5 Subdivision. The City has been GT 91, TELEGRAPH CANYON billed for its share of the final cost in the amount of ROAD $82,637.25 which is $12,174.47 over the original estimate. The reason for the higher cost is that the existing soil conditions were found to be of less stability than originally antSeipated and required more depth of aggregate base material. Suggestion for Council Councilwoman McCandliss asked that, in future projects, when notification the staff~runs into problems that will make the project more expensive (unusual soil types, etc.), they inform the Council of this. Held Tuesday - 7:00 p.m. -7- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST READING (Cont.) Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow, Cox Noes: None Absent: None RECESS A recess was called at 9:00 p.m. and the meeting reconvened at 9:10 p.m. 12. RESOLUTION - Harbor Management Corporation is proposing to install street PROVIDING FOR THE improvements in this area with no development plans ready SPECIAL APPROPRIATION for approval - they will construct a commercial facility OF FUNDS FOR THE at this location at a later date. They have requested that PARTICIPgFION FOR the City participate by paying for the relocation of the TRAFFIC SIGNAL RELOCA- traffic signal stating that they will pay a sizable traffic TION AT INDUSTRIAL signal fee when they develop the property. BOULEVARD AND PALOHAR STREET Expenditure of money Councilman Scott questioned having the City invest $?,500 questioned at this time. Council discussion followed with the City Engineer and City Manager explaining the need and feasibility of installing the signal at this time. Mr. Lippitt added that on the other side of Industrial Boulevard near the railroad tracks (to the east), ~DB is putting in a transit station and the City is requiring them to widen the road to 64 feet curb to curb up to this area in order to accommodate the turning movements that would be involved with that intersection. If the applicant does not develop his property for some time after the transit station goes in, then either the City or ~FDB will have to do some- thing. b~tion for continuance It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that this item be held over for two weeks (meeting of ,January 2) and get all the facts and have the recommendations with the input from myself (Council- man Scott) and see if they (staff) come up with the same recommendation. 13. RESOLUTION NO. 989? - Under the existing SCOOT .Joint Powers Agreement, all three APPROVING AGREEMENT Board members must be present for a quorum to be constituted; BETWEEN THE CITY OF two positive votes are required for an approval of any CHULA VISTA AND THE action. Under the amended agreement, one Board member from COUNTY OF SAN DIEGO each member agency, or a total of two members, can now con- AMENDING JOINT POWERS stitute a quorum provided each member agency is represented. AGREEMENT ESTABLISHING A majority (two votes) is still required for the approval THE SOUTH COAST ORGANI- of any action, contract, or agreement be taken or entered ZATION OPERATING TRANSIT into by SCOOT. (SCOOT) 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, McCandllss Noes: None Absent: None Held Tuesday - 7:00 p.m. -8- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST.READING (Cont.) 14. RESOLUTION - The required subsidy for the Chula Vista Transit operations APPROPRIATING $116,647 is $176,647 or $116,647 over the $60,000 budgeted for this FROM THE GENERAL FUND purpose. Development Services Administrator Robens reported TO TRANSIT SERVICE that the City received $767,000 from LTF although, based FUND AND APPROPRIATING upon el gibility requirements, the City would receive on17 LOCAL TRANSIT FUND $48%.842, thereby establishing excess revenues in the amount (LTF) OVERPAYMENT FOR of $303,158. The staff's recommendation is that the Council FY1978-79 AND AUTHORI- appropriate $116,647 from the unappropriated balance of the ZING REFUND General Fund and place it in the Transit Service Fund; further, that the $303,158 be appropriated from the unappro- priated balance of the Transit Service Fund - said sum to be reserved to the LTF Reserve account through CPO. Suggested continuance Councilman Scott indicated he needed a "refresher" course on the transit service funds, financing aspects, the legis- lative bills, SCOOT, and the Chula Vista Transit program in general. The Council concurred. City Manager Cole suggested this be scheduled for the Council Conference of January 10, 1980. blotion for continuance It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this item be continued to the next meeting following the Council Conference of .January 10 (to the meeting of January 15). It was the concurrence of the Council that this item be scheduled for the meeting of January 10, 1980. 15. RESOLUTION NO. 9898 - On July 17, 1979, the City received approval to participate APPROVING AN AGREEMENT in the Home Ownership and Home Improvement Program (HOHI). WITH SECURITY PACIFIC The Home Improvement phase, called Title I, is set up state- NATIONAL BANK FOR wide in cooperation with Security Pacific National Bank, SERVICES RELATED TO THE and the resolution delineates the role of the City and the HOME OWNERSHIP AND HOME bank in the implementation of the program. IMPROVEMENT PROGRAM Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Gillow, Hyde, McCandliss, Scott Noes: None Absent: None 16. RESOLUTION NO. 9899 - On June 26, 1979, the Council approved an agreement with APPROVING AGREEMENT the Pekarek Group (Resolution 9649) to provide architectural BETWEEN THE CITY AND services for the renovation of Memorial Park at a cost of THE PEKAREK GROUP FOR $14,900. The architect's estimate for the total park ARCHITECTURAL SERVICES renovation is $378,300. Concurrent with the architect's ASSOCIATED WITH RENO- development of the master plan, the Redevelopment Agency VATtON OF MEMORI^L executed an agreement with the Center City Associates to PARK remove the ~lemorial Park maintenance building and to redevelop the nortl~ern boundary of the park, at City/Agency expense, to make the boundary compatible with the adjacent condominium development; $125,000 in Redevelopment Bond sales has been allocated for this purpose. Staff has concurred that it would be cost-effective to develop the eastern end of the park and redevelop the northern edge in a single operation. The additional costs for the architect's service is $6,000. 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 Held Tuesday - 7:00 p.m. -9- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST .READING (Cont.) 17. RESOLUTION NO. 9900 - The City Attorney has ruled the personnel leave slips which AUTHORIZING THE are over two years old can be destroyed. DESTRUCTION OF CERTAIN PERSONNEL DEPARTMENT FILES Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow, Cox Noes: None Absent: None 18. RESOLUTION NO. 9901 - San Diego Gas & Electric Company requested the easement to APPROVING AND GRANTING relocate its overhead facilities to provide space for the EASEMENT TO SAN DIEGO proposed Boys/Girls Club Recreation Building. The City GAS & ELECTRIC COMPANY Engineer concurs with this request. TO CONSTRUCT OVERHEAD ELECTRIC LINES IN GREG ROGERS PARK Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Gillow, Hyde, McCandliss, Scott Noes: None Absent: None 19. RESOLUTION NO. 9902 - The scope of the maintenance agreement includes the main- ACCEPTING BIDS AND tenance of landscaping material, irrigation system repair, AWARDING CONTRACT FOR maintenance of the street furniture and removal of trash THE MAIN~FENANCE OF in this area from January 1, 1980 through ,June 30, 1980. LANDSCAPING ON THIRD Bids were received on December 12, 1979 and staff recommend- AVENUE BETWEEN "E" ed that the contract be awarded to the low bidder, Mazon STREET AND "F" STREET Landscape Company, in the amount of $3,800. 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, Cox, Gillow, Hyde, McCandliss Noes: None Absent: None 20. ORDINANCE NO. 1886 - Based on the 5% annual Council increases and now also for AMENDING THE MUNICIPAL the Mayor, the compensation payable after the first pay CODE RELATING TO COM- period in January 1980 will be $448.96 for Councilmen and PENSATION FOR MEMBERS $1,050.00 for the Mayor. OF THE CITY COUNCIL AND ADDING A NEW SECTION 2.04.590 RELATING TO COMPENSATION FOR THE MAYOR - FIRST READING AND ADOPTION Ordinance placed on It was moved by Mayor Hyde that this ordinance be placed on first reading and first reading and adopted and that the reading of the text adopted be waived by unanimous consent The m6tioh carried by the followin~ vote, to-wit: AYES: Mayor Hyde, Councilmen ~lcCandliss, Scott, Gillow, Cox Noes: None Absent: None Held Tuesday - 7:00 p.m. -10- December 18, 1979 RESOLUTIONS AND ORDINANCES FIRST READING (Cont.) 21. ORDINANCE NO. 1887 - In approving the reorganization plan on February 15~ 1979, AMENDING TITLE 2 OF The Council held in abeyance until the 1979-80 budget, the THE CHULA VISTA consideration of funding for the Deputy City Manager/Safety MUNICIPAL CODE BY ~ Leisure Services Administrator. With the retirement of ADDING THERETO A the Fire Chief effective January 1, 1980, the staff is NEW CHAPTER 2.09 proposing a combination of the positions of Police and CREATING THE POSI- Fire Chief under a single Director of Public Safety. The TION OF DIRECTOR OF City Manager reported that he will appoint Police Chief PUBLIC SAFETY - FIRST Winters to fill this position and further, that the position READING remain in effect until July 1, 1981 unless the City Council extends the terms of the position at that time. Councilwoman McCandliss indicated that it was tribute to the Police Chief that this position was accepted by both the Firemen and the Police Officers. Mayor Hyde voiced his appreciation to the Police Officers Association and the Firefighters to go along with this program. The Councilmen concurred. Ordinance placed on It was moved by Councilman Scott that this ordinance be first reading placed on first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None 22. REPORT OF THE CITY MANAGER a. Council Conference City Manager Cole submitted the new schedule for the Council Conferences. He stated that he would add one additional item to the meeting scheduled for Thursday, December 20: an executive session for litigation regarding the "E" Street accident. The Council concurred that this would be the first item. 23. REPORT ON THE PROPOSED In a detailed report to the Council, Director of Planning OTAY MESA EAST COMMUNI Peterson explained that the City of San Diego is in the PLAN process of adopting a community plan for the Otay Mesa East Community - an area of approximately 12,500 acres. In a written report to Council, Director Peterson submitted a detailed analysis of the Community Plan indicating that the plan is a sound one which will create 40,000 new jobs~ there- by benefitihg the Chula Vista residents and the local economy. Conversely, the pressure for development of the eastern territories and competition from other commercial centers is inevitable and must be dealt with realistically by the City. Report accepted It was moved by Councilman Scott and seconded by Mayor Hyde that the report be accepted. Discussion of motion Councilman Gillow spoke against the motion stating the Coun- cil should vote against the project since it was "an urban sprawl that should be discouraged." He added that there will be traffic problems, a water problem, and a severe air pollution problem generated by this development. Motion carried The motion to accept the report carried unanimously. Held Tuesday - 7:00 p.m. -11- December 18, 1979 REPORT OF THE CITY MANAGER (Cont.) Motion to refer to It was moved by Councilman Scott, seconded by Mayor Hyde Environmental Control and unanimously carried that the Environmental Control Commission Commission look at this and come back with a recommendation to the City Council as to whether or not they feel that this report is one that Chula Vista should adopt as a positive or negative feature in the future planning of the South Bay area. 24. REPORT ON A TRAILS In a written report to Council, Director of Planning ELEMENT OF THE GENERAL Peterson reported on the plans for incorporating a trails PLAN system into the City's General Plan. He noted that the City's General Plan does not contain a trails element but this is addressed in the Specific Plan for E1 Rancho del Rey. Inasmuch as most of this area is undeveloped and designated for urban development, the Director indicated it would not be practical to do any detailed trail planning at this time. He added that it was appropriate to work closely with equestrain groups as preliminary development plans are produced by developers. Motion to accept It was moved by Councilman Scott, seconded by Councilman report Gillow and unanimously carried that the staff's report and recommendations be approved. 25. CONSIDERATION OF Director of Planning Peterson referred to his written report REPORT ON SALE AND to Council noting that the condominium units in the former OCCUPANCY OF CONDOMI- La Bonita apartment complex were being sold prior to the NIUMS PRIOR TO COM- provision of the required storage area. In the case of PLETION OF REQUIRED the La Bonita condominiums, $43,000 has been set aside STORAGE FACILITIES by the developer's mortgage company to guarantee the construction of the required storage facilSties. Staff discovered that one of the units was occupied by an owner without the required storage area being provided. The developer's office was contacted and he has now filed plans for the construction of the storage facilities which will be started the first of the year and completed within 30 days. Motion to accept It was moved by Mayor Hyde, seconded by Councilwoman report McCandliss and unanimously carried that the report be accepted. Motion for staff It was moved by Mayor Hyde, seconded by Councilman Scott report and unanimously carried that the staff be requested to look into the condominium conversion ordinance - whether or not it is required to bring all units up to current building requirements in all respects. The report is due on January 2, 1980. 26. REPORT ON TRANSPORTING Chief of Police Winters responded to the County's support DRUNKS TO INEBRIATION of the use of the Inebriation Reception Center and the CENTER AND ISSUING use o£ Field citations as provided in the Penal Code. Chief FIELD CITATIONS Winters stated that Chula Vista transports very £ew drunks to the Inebriation Center because the type of drunk who would qualify for the Center is released at the station after that person sobers up. Chula Vista has been using field citations in lieu of booking for a number of years. Chief Winters added that his department is more than happy to cooperate by utilizing the two procedures when circum- stances permit. Report accepted It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that the report be accepted. Held Tuesday - 7:00 p.m. -12- December 18, 1979 REPORT OF THE CITY MANAGER (Cont.) 27. REPORT ON OPEN SPACE Director of Parks & Recreation Hall submitted a written DISTRICT NO. 3 report stating that the Park Superintendent met with a members of ghe District Homeowners Associations and explained the expenditures in this District. Because of the concern generated in District No. 3, the contractor has agreed to establish a special labor report for this area. Mr; Hall added that the Park Superintendent will provide the Association Chairperson with his monthly inspection evalua- tion of the district maintenance and will meet with the homeowners on a quarterly basis. Report accepted It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that the report be accepted. 28. REPORT ON FEASIBILITY City Engineer Lippitt reported that on October 9, 1979, the OF PURSUING ERRORS AND Council approved Change Order No. 6 in the amount of $2,968 OMISSIONS AGAINST for completion of the lath hangers on the Third Avenue ARCHITECT FOR THIRD trellises between "E" and "F" Streets. The architect stated AVENUE TRELLISES it was the intent of the plans to continue the lath hangers all the way across the trellis; however, the interpretation of the contractor and engineering staff did not conform to this intent. In~n~estigating the feasibility of pursuing a claim against the architect for errors and omissions, the City Engineer recommended against it inasmuch as the City has not suffered any damages. Motion to accept report It was moved by Mayor Hyde, seconded by Councilwoman McCandliss and unanimously carried that the report be accepted. 29. REPORT ON FREE CVT Development Services Administrator Robens reported that the ROUTE 6 SHUTTLE SERVICE free service was terminated on November 26, 1979 because it was determined that there was inssufficient ridership by Rohr employees on this route in the afternoon to continue this service. Mr. Robens referred to the Transit Coordinator's report suggesting methods of increasing ridership by Rohr employees on the Chula Vista Transit with the cooperation of Rohr management, Benedict Communications and the City's marketing consultant. Motion to accept It was moved by Councilman Gillow, seconded by Councilman report Scott and unanimously carried that the report be accepted. 30. REPORT ON IMPACTS OF In a detailed written report to Council, Development Services TRANSIT FINANCE Administrator Roberts explained SB 620 (State legislation that LEGISLATION - SB 620 eliminates the S0% LTF limitation requirement) and AB 86 (the cleanup bill). Mr. Robens explained the major provi- sions of these bills as they directly impact the City. In concluding, Mr. Robens noted that the City could receive from $5,000 to $200,000 SB 620 State Transportation Assis- tance Fund monies from MTDB for use in financing Chula Vista Transit operations for FY 1979-80. The City could also receive $2 million to purchase 14 buses and construct a transit maintenance facility under the State £B 620 $10 million discretionary fund program; It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously that the report be continued to the Council Conference of ,January 10, 1980. Held Tuesday - 7:00 p.m. -13- December 18, 1979 MAYOR'S REPORT a. Appointment to Design It was moved by Councilman Scott, seconded by Councilwoman Review Board McCandliss and unanimously carried that the Mayor's appoint- ment of Norman Williams to the Design Review Board be ratified. b. City Attorney's In answer to the Mayor's question, City Attorney Lindberg letter regarding explained that there is a person who parks his vehicle vending vehicles next to the swap meet in National City but on the Chula Vista side in an apparent defiance of the ordinance. The police will be checking this and will cite him if he continues this practice. c. Signatures-in-lieu In response to a request by the City Clerk, the Mayor asked to pay for candidates' if the Council wished to allow signatures-in-lieu (300) in statements payment of the candidates' statements for the election to be held on April 8, 1980. City Clerk Jennie Fulasz explained that the cost of the statements will be approximately $350.00 They will be printed in English only, with the Spanish translation available in her office. The Registrar of Voters will be charging $1.40 for each signature they verify; therefore, 300 signatures would cost $420.00 plus the $350.00 or a total cost of $770.00 for each candidates' statement. Motion not to have It was moved by Councilman Scott, seconded by Mayor Hyde signatures-in-lieu and unanimously carried that the City not have the signatures-in-lieu and that the candidates pay for their own statements. COUNCIL COMMENTS a. General Plan updating Councilman Gillow referred to the Management Seminar held in April at which time the Council set as one of its goals the updating of the General Plan. Motion for staff It was moved by Councilman Gillow and seconded by Council- report woman McCandliss that the staff be asked to look at the manpower and effort required to update the General Plan and bring it back sometime before budget next year. Discussion of motion Director of Planning Peterson stated that the two elements that need work are the Land Use and }lousing Elements. Council discussion followed regarding having a procedure for a continual updating of the Plan; if the Plan needs updating now, the staff should do it regardless of how many manhours it takes; whether current staff can do this or whether it will take another person or perhaps even a consultant to complete the project. Mayor ttyde stated that there should be a plan for the orderly and timely consideration of the components of the General Plan. Councilwoman McCandliss asked that in writing the report, the Director also give some thought to current projects "that could be slipped" so that the Council does not immediately jump to the conclusion that a consultant should be hired. Added to the motion Councilman 6illow added to his motion that the Council wants the General Plan updated and start by looking at the man- power needed. Councilwoman ~4cCandliss agreed to the second and the motion carried unanimously. b. Grants Applications Councilman Gillow said he talked to Development Services Administrator Robens who informed him that cities back East, such as Boston, hired former federal officials who know the methods of obtaining grants. Held Tuesday - 7:00 p.m. -14- December 18, 1979 COUNCIL COF~4ENTS It was moved by Councilman Gillow, seconded by Coun Motion for staff report Woma~ ~CCa~liss and unan~mQu~!Y- carried ~at. the on grants applications ~.~'~ :~'~e~,i~ ~he''hext~,;~Ouple '6.~im~f~S to look at how grants are bein~ applied for and lobbied for, and come up with some suggestions, such as working with other cities to hire someone to assist with the grants (an ad hoc committee) so that the Councilmen and staff can forcefully look into the problem. Councilwoman McCandliss indicated that this was one item she was thinking of when she suggested the informal meeting two weeks ago - that discussion could center around the Council's role in securing grants, lobbying for UDAG and other federal monies. c. Legislative Bill Councilman Gillow referred to the letter from Phil Creaser, AB 47 Port Commissioner, asking the City to oppose AB 47. ~tion to oppose It was moved by Councilman Scott and seconded by Councilman Cox that a resolution be brought back to the Council meeting of January 2 opposing this bill and reasons for the objec- tion. Discussion Mayor Hyde stated that there is a resolution on file opposing AB 47 and he suggested a letter be written to Assemblyman Deddeh indicating that it is the Council's understanding that the Bill will be before the Assembly in January and expres- sing opposition to it. The letter is to be drafted by staff. Statement incorporated Councilman Scott included the Mayor's suggestion in the in motion motion; Councilman Cox agreed to the second and the motion carried unanimously. d. Senior Citizens Councilwoman McCandliss commented that on the recent City ttousing tour, the Council looked at potential sites for the County Hoursing Authority. She said she had a copy of the "Senior Citizens News" in which there was an article on the Senior Housing Program. The National Council of Senior Citizens has received a 100 million dollar grant from Section 202 Housing Funds and they are now going across the country coordinating housing with municipalities and other non-profit organizations. Councilwoman McCandliss submitted the article to the staff to see if this City can coordinate with this organization. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:10 p.m. to the meeting scheduled for Thursday, December 20, 1979 at 4:00 p.m. and to the next regular scheduled meeting of January 2, 1980. City Clerk