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HomeMy WebLinkAboutcc min 1979/11/13 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. November 13, 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, Assistant City Manager Asmus, City Attorney Lindberg, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Chief Accountant Franken, Director of Building and Housing Grady, Purchasing Agent Espinosa The pledge of allegiance to the Flag was led by Mayor Hyde followed b7 a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Gillow, seconded by Mayor Hyde and unanimously carried that the minutes of the meetings of October 31 and November 6, 1979 be approved, copies having been sent to each Councilman. (Councilman Cox abstained from voting on the minutes of the meeting of October 51 since he was not present at this meeting.) 2. SPECIAL ORDERS OF THE DAY a. Presentation by Mayor Hyde announced that this item will trail to approximately Supervisor Hamilton re 8:00 p.m. when the Supervisor is due to arrive. air management process b. Presentation of Mr. Larry Christian, representing the State Board of the "Peter Walsh Award" Maintenance Superintenden~ Association of California, presented the Award to Bill Berry, Assistant Street Maintenance Superintendent in recognition of Mr. Berry being selected as the outstanding member of this organization 3. ORAL COb~UNICATIONS a. Clarence Knight Mr. Knight asked that a sign be posted at the entrance to 117 Jefferson Street Jefferson Avenue stating that it was not a truck route. Chula Vista Motion to refer to staff It was moved by Councilman Cox, seconded by Councilwoman McCandliss and unanimously carried that this matter be referred to staff and Safety Commission for report and recommendation - report due in two weeks (concurrent report due first from staff and then to be referred to Safety Commission). 4. WRITTEN COb{qUNICATIONS a. Request for support of The City of Rancho Palos Verdes requested this City's support Local Coastal Commission of their Local Coastal Program as it is being appealed to the California Coastal Commission. Their appeal is being considered on November 19-21 and again in mid-December. Motion to file It was moved by Councilwoman McCandliss and seconded by Mayor Hyde and unanimously carried to file the report. November 13, 1979 Held Tuesday 7:00 p.m. - 2 - WRITTEN CO~UNICATIONS (Cont.) Substitute motion It was moved by Councilman Gillow and seconded hy Councilman Cox that the Council does not support their local plan and that a letter be sent to them indicating ~hy the Council is doing such. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Cox, Scott Noes: Mayor Hyde, Councilwoman McCandliss Absent: None b. Claim against the City Mr. Donald S. Dulko, 4 Broadway, S-7, Chula Vista, filed a claim for $500,000 for alleged damages and injuries received on January 5, 1979 at the intersection of Chula Vista Street and Oaklawn Avenue. The original claim was filed on July 6, 1979. Since it was over the 100 day limitation allowed by law, the Council rejected the claim. Mr. Dulko, on August 27, 1979, submitted a petition to file a late claim. The recommendation of the Risk Manager and staff was to deny the late claim. Motion to deny It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried to deny the claim. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, the public CONSIDERATION OF APPEAL OF hearing was opened. GRACE BAPTIST TEMPLE OF PLANNING COb~qISSION DENIAL Director of Planning Peterson referred to his written report OF CONDITIONAL USE PERMIT explaining that the applicant proposes to expand the nursery PCC-80-1 school on property at 345 Fifth Avenue into a day care center and replace the Sunday School building with an elementary school. The project will be done in two phases: (1) the removal of a major portion of the existing classroom and the construction of a two-story building. The second phase will occur in three to five years with the removal of the remaining portion of the original classroom and replacing it with another two-story building which will be used for additional classrooms and three administrative offices. Planning Commission decision On October 10, 1979, the Planning Commission denied the conditional use permit application. The applicant is now appealing this decision. Noise factor Mr. Peterson noted the potential number of children who would be in the play areas at a given time - essentially 300 children who would recess from 2% to 3½ hours per day. He felt this would constitute an instrusion into the surrounding residential area. Planning Director's Mr. Peterson said that he concurs with the Planning Commission recommendation recommendation for denial and that the church be urged to find a larger site, adding that he would offer the assistance of his staff to find this site. Lee Hauck Mr. Hauck noted that the biggest contention is the noise that Grace Baptist Ten~ole would come from the children at play. This data has been reviewed by a professional firm which addressed both the duration and amplitude of the noise factor. The State guidelines are that it is not to exceed 60 db; therefore, the plan has been adjusted to accommodate just this number of students in the playground - to a quantity of 63. Mr. Hauck added that the Planning Commission adopted the environmental impact report which found that there is no negative impact to the proposed development; however, they then denied the application for the conditional use permit. Held Tuesday - 7:00 p.m. - 3 - November 13, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) John Owens Mr. Owens said he owns property at 486 Center Street and is 37 E. Sierra Way concerned over the noise factor that would be generated by the children at play. He felt this might eventually force his tenants to move. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Council discussion followed regarding the exact locations of the playgrounds, and the impact of the proposed development on the residential areas. Motion to deny appeal It was moved by Councilwoman McCandliss, seconded by Mayor Hyde and unanimously carried that the Council concur with the recommendation of the Planning Commission - to deny the appeal. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF A~NDMENT opened the public hearing. TO THE GENERAL PLAN TO CHANGE THE DESIGNATION Director of Planning Peterson explained that the Gersten OF APPROXIMATELY 8 ACRES Companies proposed to redesignate a certain 8-acre parcel AT TELEGRAPtt CANYON ROAD AND of land located on the east side of Nacion Avenue, north of NACION AVENUE FROM VISITOR Telegraph Canyon Road, from "Visitor Commercial" to "High COMMERCIAL TO HIGH DENSITY Density Residential" on the plan diagram of the City's RESIDENTIAL, 13-26 DU/ACRE General Plan. The Gersten Companies intend to develop a multi-family residential development on the site. Planning Commission On October 17, 1979, the Planning Commission certified recommendation EIR-80-2 on this project and recommended approval of the request in accordance with their Resolution GPA-80-1 for a medium density (4-12 units per acre). Planning Director's Mr. Peterson noted the character of the area was chiefly recommendation residential and to have a motel, restaurant and similar uses would be an intrusion into this area. He added that he felt the General Plan designation (Visitor Commercial) was not appropriate for this property and would recommend a more intensive use than detadhed single-family -- something in the middle or lower end of the 13-26 unit category. Petition filed The Director remarked that 68 residents of the area filed a petition with the Planning Commission opposing the environmental impact report and the high-density construction. Council discussion Discussion ensued regarding the bus transportation for the school children; the amount of developable land; traffic impact, and the exact reason for staff's recommendation to change the zoning from the original C-V-P to R-3. Dick Brown Mr. Brown, representing the owners of the property, stated Dale Building Company that the owners originally wanted C-N zoning but were given C-V prior to the construction of 1-805. When the freeway was constructed, it was built at a higher elevation and a significant earthen berm was developed adjacent to the ramp which destroyed all visibility to this property. From a practical and planning standpoint, they are asking for this change of zone. They anticipate developing in the middle of the range of the 13 to 20 category and would be willing to participate in the traffic signal at Telegraph Canyon Road and Nacion Avenue, if there is a demonstrated need here. Held Tuesday - 7:00 p.m. - 4 - November 13, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Mr. Brown added that they strongly urge approval of the 13 to 26 dwelling unit category density and the owners are agreeable to the precise plan with the City Council having control over the approval of the development. Carolyn Nieders Mrs. Nieders said she owns a home two doors away from this 328 Corte Nacion Avenue proposed site. They would prefer to have apartment use here rather than the commercial. Bill Sears Mr. Sears said he was speaking "with the unanimous vote 393 East Millan Court of his neighborhood." They are concerned with the number of potential units that can be developed (2662; the traffic and the impact on the schools in the area. He urged the Council to consider a vote for a medium residential density. Jerry Valk Mr. Valk cited the capacities of the schools in the area; 291Camino Vista Real other developments being proposed for the area; hazardous traffic conditions; notification of the people within 300 feet; the drainage ditch; and potential for low-income housing. Mr. Valk referred to a two-page letter he wrote to the Planning Commission stating a copy should have been sent to the Council. The City Clerk was given a copy of this letter and read it for the record. The letter summarized Mr. Valk's statement to the Council and urged a decision for single family development or an alternate of low-density multiple of 8 to 10 units per acre for "first class condos." Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Further discussion followed regarding the school impact, requirements of the school district to provide schooling, and the control the Council has over the development. Motion to change General It was moved by Mayor Hyde and seconded by Councilman Cox Plan designation that the staff be directed to bring back a resolution changing the General Plan designation for this area from Visitor Commercial to high-density residential, 13 to 26 dwelling units per acre. Speaking against motion Councilwoman McCandliss said she tends to favor the high side of the low and medium range and the low side of the high-density range. The difference between the 12 units and the 13 and 14 units is hard to evaluate. She added that the zoning is for the 8+ acres; however, only about 6~ will be developed which will change the density factor. For that reason, she is in favor of the 4 to 12 dwelling unit density. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Cox, Gillow, Scott Noes: Councilwoman ~cCandliss Absent: None 2a. PRESENTATION BY SUPERVISOR Supervisor Hamilton said he was here to seek the support TOM HAMILTON REGARDING THE of the Council to have the State designate the County PROPOSED REVISIONS TO SAN Board of Supervisors as the lead agency in the implementation DIEGO COUNTY'S AIR ~I~NAGEMENT of the Regional Air Quality Strategy Plan (RAQS). Supervisor PROCESS Hamilton stated that the planning process has already transpired and has been adopted - what they are talking about now is the implementation of RAQS and how it affects the cities. Held Tuesday - 7:00 p.m. - 5 - November 13, 1fl79 SPECIAL ORDERS OF THE DAY (Cont.) Rich Somerville Mr. Sommerville clarified the role of CPO if the County Air Quality Control Officer Board of Supervisors was designated as the lead agency: (1) in terms of their responsibility as the Metropolitan Planning Organization - they are responsible for certain aspects of transportation planning; (2) involvement of the adoption of any revision to the regional air quality strategy. Mr. Somerville related the history of this matter; the deficiencies of the present arrangement; the direct voice of the cities under the proposed plan; the periodic reports that will be given to the City Managers and the Mayors of each city. CPO presentation Mayor Hyde noted that representatives of CPO are scheduled to make a presentation to the Council on this subject at the next meeting (November 20). Motion to continue action It was moved by Councilman Cox, seconded by Councilman Scott and schedule for Conference and unanimously carried that action on this item be continued until after the Comprehensive Planning Organization's presentation (November 20) and then have it scheduled for a Council Conference. CONSENT CALENDAR It was moved by Mayor Hyde, seconded by Councilman Cox and (Items 7 through 12) unanimously carried that the Consent Calendar be approved and adopted. 7. RESOLUTION NO. 9840 - The resolution incorporates the Certification of the City RECITING THE FACT OF THE Clerk in which she states that the following Proposition SPECIAL ~JNICIPAL ELECTION was placed on the ballot: HELD ON THE 6TH DAY OF NOVEmbER 1979 DECLARING THE Proposition "G" RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED An amendment to the Charter of the City of Chula BY THE PROVISIONS OF THE Vista amending Article III, Section 304(c) thereof CHARTER OF THE CITY OF CHULA establishing the Mayor's salary at $12,000 per VISTA year and authorizing the City Council to increase the salary annually by not more than 5%. As a result of the election, the majority of the qualified voters voted in favor of the Proposition by a vote of 7,095 to 3,614. The City Clerk certified, therefore, that the Proposition was deemed adopted and ratified. 8. RESOLUTION NO. 9841 - The agreement between Chula Vista and the Spring Valley APPROVING THIRD AMENDMENT Sanitation District, dated June 4, 1979, transferred one TO SEWAGE DISPOSAL AGREEMENT million gallons per day in the Metro System capacity rights OF 1960 BETWEEN THE CITY OF from the City to the District. This modification of the SAN DIEGO AND THE CITY OF agreement will formally change the City's capacity reservation CHULA VISTA in the Metro System from 22.1 MGD to 21.1 MGD. The agreement further changes the annual amount to be paid by the City for its reduced capacity reservation by $12,098. 9. RESOLUTION NO. 9842 - Par Construction Company has completed the public improvements ACCEPTING PUBLIC IM- for Bonita Ridge Estates Unit No. 4 Subdivision in accordance PROVEMENTS, BONITA RIDGE with the agreement dated July 1, 1976 (Resolution 8243). ESTATES UNIT NO. 4 A final inspection was made on October 29, 1979 and all work has been completed to the satisfaction of the City Engineer. A maintenance bond in the amount of $52,500 has been filed with the City to guarantee the improvements for a period of one year after date of Council acceptance. Held Tuesday - 7:00 p.m. - 6 - November 13, 1979 CONSENT CALENDAR (Cont.) 10. RESOLUTION NO. 9843 - In conjunction with the approval of Adjustment Plat No. 80-4, ACCEPTING GRANT OF EASEmeNT the owners of the property, Harold and Anne West, submitted FROM HAROLD D. WEST AND the grant of easement for street tree purposes over a 10-foot ANNE M. WEST FOR STREET wide strip of land adjacent to the westerly line of Minot TREE PURPOSES Avenue. 11. RESOLUTION NO. 9844 - T.B. Penick ~ Sons, Inc. requested a 2-week extension of the EXTENDING THE CONTRACT TIME contract time for the project he extended two weeks from FOR THE THIRD AVENUE the date all ornamental street lights are received from the I~ROVEMENTS, PHASE ONE, supplier. The City Engineer recommended approval of an "E" STREET TO "F" STREET AND additional 35 working days to the contract changing the ACCEPTING LANDSCAPING FOR contract completion date to December 20, 1979. ~INTENANCE PERIOD In addition, the contractor requested the City's acceptance of the landscaping effective November 1, 1979 so that they may go into the required 60-day landscape maintenance period. The City Engineer recommended approval of the request. 12. RESOLUTION NO. 9845 - At the meeting of November 6, the City Council directed that SUPPORTING THE NATIONAL a resolution be prepared supporting the position of the LEAGUE OF CITIES AND THE National League of Cities in securing legislation to create LEAGUE OF CALIFORNIA CITIES a preservation district for Lake Tahoe. IN THEIR EFFORT TO PRESERVE LAKE TAHOE Motion to send resolution It was moved by Mayor Hyde, seconded by Councilman Cox and to Legislators unanimously carried that copies of this resolution be sent to Congressman Van Deerlin; Senator Cranston; Senator Hayakawa; Assemblyman Deddeh; Senator Mills; and the Mayor of San Jose and Governor Brown. (End of Consent Calendar.) RECESS A recess was called at 9:02 p.m. and the meeting reconvened at 9:12 p.m. RESOLUTIONS AND ORDINANCES, FIRST READING UNANIMOUS CONSENT ITEM 12a. RESOLUTION NO. 9846 - At the meeting of November 8, 1979, the Council directed that AUTHORIZING THE COMb~NCEMENT a resolution be brought back memorializing their action OF LITIGATION authorizing the City Attorney and Special Counsel for the Redevelopment Agency to initiate litigation to compel certification of the City's local coastal program, and to request the Pacific Legal Foundation to serve as co-counsel in such litigation. 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, Hyde, McCandliss, Scott, Gillow Noes; None Absent: None 13. RESOLUTION NO. 9847 - Bids were received on October 31, 1979 for the installation ACCEPTING BIDS AND AWARDING of street lights on prestressed concrete poles which is CONTRACT FOR THE INSTAL- being done in conjunction with utility undergrounding. LATION OF STREET LIGHTS ON The City Engineer recommended that the contract be awarded FOURTH AVENUE ("E" TO to the low bidder, Arrow Electric for $28,030. "F" STREETS) AND "F" STREET (FOURTH AVENUE 760 FEET WEST) Held Tuesday - 7:00 p.m. - 7 - November 13, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived hy unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Scott, Gillow Cox, Hyde Noes: None Absent: None 14. RESOLUTION NO. 9848 - Bids were received on September 13, 1979 for the book theft ACCEPTING BIDS AND AWARDING detection system which would insure compatibility of the CONTRACT FOR BOOK THEFT system with the City's present computerized circulation DETECTION SYSTEM system. The iow bidder did not meet the specifications; therefore, the City Librarian and Purchasing Agent recommended that the contract be awarded to Gaylord Bros., Inc. in the amount of $10,402. Account 100-1640-3568 provides $9,000, and the staff requested appropriation of $2,030 from the unappropriated balance of the General Fund. 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, Councilwoman McCandliss, Councilmen Scott, Gillow, Cox Noes: None Absent: None IS. ORDINANCE NO. 1882 - At the meeting of November 6, the Council approved the INTERIM ORDINANCE A~NDING request of Peters Home and Garden Center for an interim SECTION 19.30.040 OF THE ordinance which would allow its operation on property CITY CODE TO ALLOW PLANT zoned C-O. NURSERIES AND SALE OF RELATED HARDWARE ITEMS AS A CONDITIONAL USE PERMIT IN THE C-O ZONE SO AS TO PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE - FIRST READING AND ADOPTION Motion to place ordinance It was moved by Mayor Hyde that this ordinance be placed on first reading and on first reading and adoption and that the reading of the adoption text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilwoman McCandliss, Councilmen Scott, Gillow, Cox Noes: None Absent: None 16. ORDINANCE NO. 1883 - At the meeting of November 6, 1979, the Council approved AMENDING TITLE 9 OF THE the request of the Sweetwater Union High School District CHULA VISTA MUNICIPAL CODE for adoption of a trespass law prohibiting unauthorized BY ADDING THERETO A NEW persons from coming on to the campuses of the school district CHAPTER 9.18 ENTITLED and creating serious problems in refusing to leave upon "OFFENSES AGAINST PROPERTY" - the request of school authorities. FIRST READING Motion to place ordinance It was moved by Mayor Hyde that this ordinance be placed on first reading 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: Mayor Hyde, Councilwoman McCandliss, Councilmen Scott, Gillow, Cox, Noes: None Absent: None Held Tuesday - 7:00 p.m. - 8 - November 13, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 17. ORDINANCE NO. 1881 - On October 23, 1979, the revised taxicab ordinance was AMENDING CMAPTER 5.54 OF given first reading. At that meeting, the Council requested THE CITY CODE BY REPEALING several changes to be made to the ordinance: (1) deletion SECTIONS 5.54.010 THROUGH of the ability of a certified operator to lease his 5.54.120 ALL RELATING TO THE vehicles; (2) a fee of $100 per year for each taxi business ISSUANCE OF CERTIFICATES plus administrative fee of $3.00 for each taxi owned by FOR THE OPERATION OF TAXICABS the operator; (3) provision that a certified operator may WITHIN THE CITY OF CHULA only use an acceptable governmental agency or the City of VISTA - SECOND READING Chula Vista for the annual inspections; and (4) January 1, AND ADOPTION 1980 to be the effective date of the ordinance. The ordinance was continued from the last meeting at the request of the Yellow Cab Company. City Manager's Mr. Cole recommended revision of two portions of the ordinance: recommendations (1) the insurance requirement of $500,000 be reduced to $300,000, and (2) vehicle inspection program. Assistant City Manager Asmus explained that Mr. Shippey (Creaser and Warwick Insurance) who represents the City in insurance matters advised the Council to avoid having the City's people making the inspections of the taxicabs because the liability and risk element would be extended to some degree. In researching this issue, Mr. Asmus said he discovered that the State certifies certain garages (in Chula Vista as well as throughout the State) to make inspections o£ brakes, lights and smog devices on vehicles - there is no certification for any garage to make the complete inspection of vehicles under discussion tonight. Mr. Asmus commented that these garages can, however, make these inspections if they are given a form by the City as to the type of inspection required -- this would be for vehicles over two years old and would cost about $25.00. Mr. Asmus stated that it would be the staff's recommendation to revise the ordinance to provide for governmental agencies (like San Diego), which provide inspections at no cost, be permittable agencies acceptable to the City; otherwise, the taxicab companies be required to get this Certificate on an annual basis for all cabs over two years old from one of the certified garages licensed by the State. Motion to refer back It was moved by Councilman Cox and seconded by Councilman to staff for revisions Scott that this matter be referred back to the City Manager to incorporate the suggested changes discussed tonight: the insurance requirement and also making the provision for inspections by independent operators or the City of San Diego. Gloria Fountain Ms. Fountain, Manager of the Diamond Cab Company, stated 6025 Edgewater that between readings #1 and #2 of the ordinance, it will San Diego cost her company approximately $20,000 more due to the insurance costs and inspections. Ms. Fountain questioned the necessity of the "administrative fee for the quarter" (Section 5.54.020) inasmuch as there is not going to be a quarterly fee - it is to be $3.00 per year per cab. City Attorney Lindberg remarked that this sentence should have been deleted from Section 5.S4.020. Held Tuesday - 7:00 p.m. ~ ~ _ November 13, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) Miss Fountain discussed being "penalized" for having to get inspections for the cabs at $25 per inspection when those of the Yellow Cab are able to get theirs free from the City of San Diego. She further elaborated on the necessity of the requirement to have every person make available upon demand the records of the points of origination and destination of all vehicles dispatched by the operator. Mike May Mr. May said he would waive his discussion on this matter 10699 San Diego Mission Road since the Council intends to keep the insurance requirement San Diego as originally proposed. Addition to motion It was moved by Councilman Cox, seconded by Councilwoman ~cCandliss and unanimously carried to include in the motion that the staff consider the deletion of the last four lines of Section 5.54.020 which makes reference to the availability of records for inspection. The main motion carried unanimousl) Mayor Hyde announced that if the taxicab operators had furthor concerns about any provision of the ordinance, he would suggest they contact Mr. Asmus and let him know what they are. 18. REPORT ON REQUEST FOR Mr. Edwin Storm, representing the Senior Citizen's Council INCREASING THE SENIOR on Aging, requested that the maximum income eligibility for CITIZEN'S UTILITY USER'S the utility user's tax be increased from $7,500 to $12,000 TAX EXEMPTION maximum income. In a written report to Council, Director of Finance Grant explained that the State's current $12,000 income exemption for the senior citizens applies to the Homeowner's and Renter's Assistanc~ Act. For ease of understanding and administration, most California cities have established the flat $7,500 household income limitation. It was the recommendation of the Director of Finance that the Council not change the present $7,500 maximum limitation. Notification of Mr. Storm Mayor Hyde said he was advised by the City Clerk that Mr. Storm was contacted and that he would not be in attendance at this meeting. Motion to approve report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the staff report be approved. 19. REPORT OF THE CITY ~I~NAGER a. Revised Council City Manager Cole submitted a revised Council Conference Conference schedule schedule to the Council. b. Band Review Parade Mr. Cole noted that the Chula Vista Band Review is scheduled for Saturday, November 17. A memo from the Parks and Recreation Director was handed out showing the parade route. c. Burroughs Computer The transportation of the Burroughs Computer from Los Angeles has been held up and will be delivered and installed within the next two weeks. d. JEG Conunittee Mr. Cole stated that the jogging-equestrian-golfer's committee met on October 10 and another meeting will be held on November 14. The City is still informing people of the trespassing on the Golf Course. Held Tuesday - 7:00 p.m. - 10 - November 13, 1979 REPORTS OF CITY OFFICERS AND DEPARTbENT HEADS 20. REPORT ON ZONING In a written report to Council, Director of Building and ENFORCEMENT Housing Grady reported on the zoning enforcement operation for the City. He analyzed the specific areas of inspection, the departmental work load and the present organizational structure in his department. Mr. Grady stated that the level of enforcement, as currently conducted, was satisfactory; however, he offered the following recommendations: (1) Direct the staff and the City Attorney's office to clear up the ambiguities in the ordinance and the overlapping of enforcement; (2) Direct that a study be made for the reclassification of all Building and Housing enforcement personnel to include in their duties all of the inspection disciplines including zoning enforcement. Mr. Grady further recommended that this entire matter be set for the Council Conference on November 15, 1979. Motion to set for It was moved by Councilman Scott, seconded by Mayor Hyde Conference and unanimously carried that the report be accepted and this matter be placed on the agenda for the meeting of November 15, 1979. 21. REPORT ON SUPERVISOR On October 2, 1979, Supervisor Hamilton sent a letter to the HAMILTON'S SUGGESTION THAT Council listing the advantages of achieving uniform zoning THE CITY CONSIDER ADOPTING regulations throughout the County and suggesting that A ZONING ORDINANCE SIMILAR Chula Vista adopt a zoning oxdinance similar to that of the TO SAN DIEGO COUNTY'S County. In a written report to Council, Director of Planning Peterson discussed some of the specifics of the County's ordinance comparing it with the flexibility of the City's ordinance. Mr. Peterson recommended that the Council not determine to amend the Chula Vista Zoning Ordinance based on (1) the amount of staff time required to prepare the new ordinance; (2) the complexity of the county ordinance; (3) and the fact that Chula Vista's ordinance works very well. Motion to accept staff It was moved by Mayor Hyde, seconded by Councilman Scott recommendation mhd unanimously carried that the staff recommendation be accepted and send a letter as essentially as indicated by the staff to Supervisor Hamilton. 22. REPORT ON TEb~ORARY City Engineer Lippitt submitted a written report to Council CLOSING OF PARK WAY BETWEEN stating that the plans and specifications for the construction FIFTH AND BROADWAY; "G" of this drainage project have been completed. In order to STREET BETWEEN SMITH AND provide adequate working conditions for the contractor, BROADWAY; AND THE ALLEY Mr. Lippitt requested authorization to close the following SOUTH OF "G" STREET BETWEEN streets to through traffic during the construction for a SMITH AND BROADWAY period of 90 days: (1) Park Way between Fifth and Broadway; (2) "G" Street between Smith and Broadway; (3) the alley south of "G" Street between Smith Avenue and Broadway. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the report be accepted and the street closings be authorized. Held Tuesday ~ 7:00 p.m. - 11 - November 13, 1979 MAYOR'S REPORT 23. REQUEST TO POLL COUNCIL Mayor Hyde said he received a letter from Richard J. Huff, REGARDING JOINT POWERS Executive Director of CPO,asking that Councils be polled AGREEMENT AMENDMENT TO to determine whether or not they would favor a JPA amendment PROVIDE COMPENSATION TO to provide compensation to alternates for attending two ALTERNATES ATTENDING CPO meetings a year at $50 per meeting. COMPREHENSIVE PLANNING ORGANIZATION BOARD MEETINGS Motion to approve It was moved by Mayor Hyde, seconded by Councilwoman funding amendment McCandliss and unanimously carried that the Council direct the Delegate to vote in favor of this amendment. a. Motion to send It was moved by Mayor Hyde, seconded by Councilman Scott honorarium for and unanimously carried that the sum of $S0 be sent to entertainment Southwestern College, Department of Performing Arts, in appreciation of the entertainment provided at the Boards and Commission banquet on November 8, 1979. b. Drug Paraphernalia It was moved by Mayor Hyde, seconded by Councilman Scott Ordinance and unanimously carried that the City Attorney's ordinance (on drug paraphernalia) and proposal be docketed for the December 4 meeting and that the City Manager be asked to comment on it. c. Ratner's letter Mayor Hyde made reference to the letter received from Stanley E. Foster, President of Ranter Corporation,regarding his concerns on the flood control plan for Telegraph Canyon Creek since the con~pany owns property in this area. Referred to staff It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried that this letter he referred to staff for investigation and recommendation to the Council. COUNCIL COM~ENTS Agenda Statement It was moved by Councilman Cox, seconded by Mayor Hyde and (All3) unanimously carried that this item be docketed for the next Council meeting. Coastal Commission support Councilwoman McCandliss referred to the action of the Council (Item 4a) under item #4a (request from City of Rancho Palos Verdes for support of their Local Coastal Program). The action of the Council was not to support; however, no reasons were given. It was the concurrence of the Conncil that the letter should indicate rejection of the Chula Viata Coastal Plan and the litigation, so the City feels it should not support Rancho Palos Verdes' plan. Nacion Avenue traffic Councilwoman McCandliss said she talked to a few people issue in this area who indicated they did not understand the action of the Council taken at the last meeting regarding this item. Motion for letter It was moved by Councilwoman McCandliss and seconded by Mayor Hyde that the staff write a letter to the residents along Nacion and any of the people from Melrose who attended the meeting, (outside of Nacion), to explain to them that any solution that (the Council) is considering now appears to be very expensive, and it will be put low on the list, but that it is something (the Council) is considering, and that it is a long-term solution, and that (the Council needs to study) the impact from Melrose into the adjoining areas before a trial closure of Nacion is authorized. Held Tuesday - 7:00 p.m. - 12 - November 13, 1979 COUNCIL COMMENTS (Cont.) Discussion of motion Council discussion followed regarding the precedent of this ~oticn and the reception the letter will get. Motion carried The motion carried hy the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Gillow, Cox Noes: Mayor Hyde, Councilman Scott Absent: None ADJOURN~NT Mayor Hyde adjourned the meeting at 10:06 p.m. to the meetings scheduled for Thursday, November 15 at 4:00 p.m. and for Tuesday, November 20 at 7:00 p.m. CITY CLERK bIINUTES OF AN ADJOURNED REGULAR blEETING OF THE CITY COUNCIL OF TIIE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday at 7:00 p.m. November 13, 1979 Date The City Council met in the Council Chambers/~mx~xxI)lx~Xx~bl~X~a~4mJ~xxR~, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, McCandliss, Scott Councilmen absent: None ADJOURNME~{T The Mayor adjourned the meeting atl0:06 p.m. until Thurs. November 1S, 1979 at 4:00 p.m. in the ~mx~xk~xX~x~g/Conference Room, 276 Fourth Avenue, Chula Vista, California. I, JENNIE M. FULASZ, City Cldrk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order adopted by the City Council at the meeting of November 13, 1979 lll STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF S~2~ DIEGO ) ss OF ADJOUP~NI.SENT OF ~EETIIIG 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 Tuesday, November 15, 1979 and said meeting was adjou, rned to the time and place specified in the order of adjournment ATTACHED HEP~ETO: That on Wednesday, November 14, 1979 at the hour of 10:50 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of November 15, 1979 was held. Subscribed and sworn to before me this 14th day of November 19 79 ~d State of California