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HomeMy WebLinkAboutcc min 1979/11/06 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CNULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. November 6, 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 ~lanager Asmus, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Community Development Director Desrochers, Chief of Police Winters, Director of Personnel Thorsen, Director of Building and Housing Grady, Director of Finance Grant, Director of Parks and Recreation Hall, Traffic Engineer Hansen, 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 Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that the minutes of October 23 and 25, 1979 be approved, copies having been sent to each Councilman, with a correction made on the minutes of October 2S deleting the reference to the plaque at the Library under Item d, page 4. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - Mayor Hyde read a Proclamation declaring the week of DECLARING THE WEEK OF November l0 through 16 as "Crime Prevention Week" in the NOVEMBER 10 THROUGH 16, City. The Proclamation was presented to Chief of Police 1979 AS "CRIME PRE- Winters. VENTION WEEK" IN THE CITY OF CHULA VISTA Mayor Hyde announced that a Crime Prevention brochure has been prepared and will be distributed this week to residents of Chula Vista. He also invited the public to attend the regular Mayor/Supervisor breakfast on November 12 at 7:30 a.m. at the Lions Community Center on Fourth Avenue with the topic being crime prevention and the activities planned for "Crime Prevention Week." b. PROCLAMATION - Mayor Hyde read a Proclamation declaring the week of DECLARING THE WEEK OF November 11 as "American Education Week" in the City, with NOVEMBER 11 THROUGH 17, the theme: "Teach all the Children.', 1979 as "AMERICAN EDUCATION WEEK" IN THE CITY OF CHULA VISTA The Proclamation was presented to Mrs. Judith Bauer, member of the Board of Trustees for the Sweetwater Union High School District and also a member of the Board of Education of the Chula Vista Elementary School District. Mrs. Bauer expressed her appreciation for the support and cooperation given to the schools by the City Council for many years. RECESS A recess was called at 7:15 p.m. to convene the Redevelopment Agency meeting. The Council meeting reconvened at 7:45 p.m. Held Tuesday - 7:00 p.m. - 2 - November 6, 1979 UNANIMOUS CONSENT ITEM 3. RESOLUTION NO. 9826 - This Council resolution is required in conjunction with APPROVING ISSUANCE OF the two resolutions adopted by the Redevelopment Agency $26,300,000 REDEVELOPMENT this evening. The resolution is for the issuance of AGENCY MORTGAGE REVENUE residential mortgage revenue bonds to purchase mortgage BONDS loans for financing residential construction projects. 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 Request to continue Mayor Hyde said a request has been received to continue agenda item Item 14 under the Consent Calendar. 14. RESOLUTION - It was moved by Mayor Hyde, seconded by Councilman Cox DENYING THE APPEAL OF and unanimously carried that Item 14 be continued until DEVELOPERS OF CHEZ BONITA November 20, 1979. FROM THE GRANT OF A ZONING VARIANCE BY THE PLANNING COMMISSION FOR EXEMPTION FROM WEST TO EAST DEVELOP- MENT POLICY OF EL RANCHO DEL REY SPECIFIC PLAN TO PERMIT DEVELOPMENT OF 2.6 ACRE PARCEL ON NORTH SIDE OF EAST "H" STREET, APPROXIMATELY 600 FEET WEST OF OTAY LAKES ROAD Request to continue Mayor Hyde said a request was received to continue Item Item 20 for one week 20 - Ordinance No. 1881. Mr. Bill Hilton, Yellow Cab Company, had a death in his family and could not be present this evening. 20. ORDINANCE NO. 1881 - It was moved by Mayor Hyde, seconded by Councilwoman AMENDING CHAPTER 5.54 McCandliss and unanimously carried that Item 20 be OF THE CITY CODE RELATING continued for one week. TO THE ISSUANCE OF CERTIFICATES FOR THE OPERATION OF TAXICABS - SECOND READING AND ADOPTION 3-A. ORAL COMMUNICATIONS Paul L. Green, Sr. Mr. Green discussed Proposition "H" on the ballot (November 141 Lotus Drive 6) regarding area reorganization. He asked that he be Woodlawn Park CA 92011 directed to the proper person to discuss "solutions" to this matter and offered a format for discussion. James Matherly Mr. Matherly read a statement he had prepared for the 402 Oaklawn Avenue Metropolitan Transit Development Board meeting on Chula Vista October 29, 1979 in opposition to the San Diego/Tijuana passenger train. Held Tuesday - 7:00 p.m. - 3 - November 6, 1979 4. WRITTEN COMMUNICATIONS a. REQUEST TO SUPPORT Janet Gray Hayes, Mayor of the City of San Jose, California, PRESERVATION OF LAKE asked Council's endorsement of a proposed resolution to TAHOE be presented to the National League of Cities Convention in Las Vegas in November for the creation of a Lake Tahoe National Recreation Area to preserve the Lake area from further urban development. Motion to adopt a It was moved by Mayor Hyde, seconded by Councilman Gillow similar resolution and unanimously carried that the Council adopt a similar as proposed resolution and send it to the appropriate representatives at the State and Federal level. b. REQUEST TO ADOPT Yoder/Williams Realty, on behalf of the owner of the URGENCY ORDINANCE TO Peters Home and Garden Center, requested Council consideratio: LIST "NURSERIES AND of allowing nurseries and the sale of related hardware items SALE OF RELATED in the C-O zone as a conditional use in order for the HARDWARE ITEMS" AS A Garden Center to relocate to Third Avenue and Sea Vale. CONDITIONAL USE IN THE C-O ZONE Motion to prepare It was moved by Councilman Scott, seconded by Mayor Hyde interim ordinance and unanimously carried that the City Attorney prepare an interim ordinance which would allow a conditional use permit - the ordinance to be brought back next week. c. REQUEST TO HAVE Michael J. Roberts of the law firm of Fredman, Silverberg PRESENT OWNER OF & Lewis submitted a letter on behalf of his clients, VILLA SAN MIGUEL Mr. and Mrs. Robert Casey, requesting that the City require SUBDIVISION ABIDE BY A the present owner of Villa San Miguel to abide by the COY~qlTMENT OF PREDE- commitments of his predecessor to install a sewer adjacent CESSOR TO INSTALL SEWER to Casey's property. It was requested that final approval ADJACENT TO PROPERTY of the improvement plans for the subdivision be withheld AT 17 EAST CRESTA WAY until this matter is resolved. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to staff and the City Manager give an indication of how soon a report can come back. Assistant City Manager Asmus said this may not have to come back to the Council as the staff feels this might be resolved at staff level. If not, it will come back with a map and can be resolved at that time. Mayor Hyde asked that an oral report be made either way. d. REQUEST FOR COUNCIL The Sweetwater Union High School District asked that the CONSIDERATION OF CITY Council adopt an ordinance prohibiting trespassers on ORDINANCE PROHIBITING school campuses while school is in session. TRESPASSERS ON SCHOOL CAMPUSES Motion for ordinance to It was moved by Councilman Cox, seconded by Mayor Hyde be drafted and unanimously carried that the City Attorne7 be directed to draft an appropriate ordinance. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF AMENDMENT opened the public hearing. TO GENERAL PLAN DIAGRAM TO CHANGE DESIGNATION OF APPROXIMATELY 3.4 ACRES ADJACENT TO THE MUNICIPAL GOLF COURSE FROM PARKS AND PUBLIC OPEN SPACE TO VISITOR COMMERCIAL OR RESIDENTIAL 13-26 UNITS PER ACRE Held Tuesday - 7:00 p.m. - 4 - November 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Director of Planning Peterson referred to his written report explaining that last Spring, the Council initiated proceedings to haye this property developed with a use which is complementary to the golf course, i.e. a motel, restaurant, commercial recreational uses, or multiple family uses. The staff considered three possible uses: (1) park use, (2) multiple family residential, and (3) visitor commercial and recommended that the General Plan be amended to change the designation from Parks and Public Open Space to Visitor Commercial, noting that the Planning Commission concurred in this recommendation. Question on leaving In answer to a query from Councilman Scott as to whether designation as it is consideration was given to leaving the property the way it is, Director of Planning Peterson said that due to the negative aspects of developing the area for park use, leaving the designation as it is would be an under- utilization of the property. Jim Perkins Mr. Perkins, speaking on behalf of the Bonita Business 205 Camino del Cerro Grande and Professional Association, stated they are opposed to Bonita CA 92002 the development of this property as there is an excess of commercial property in the Bonita area. He recommended leaving the area as it is as an acceptable alternative to the uses suggested. Charles Garrison Mr. Garrison said he was representing the Sweetwater Valley 3808 Sweetwater Road Civic Association and also the Sweetwater Planning group. Bonita CA 92002 He suggested that (1) any development should use the precise plan concept and (2) any development should have a permanent equestrian easement to give permanent access to the regional trail to the north of the property. He also discussed the lack of park area available to the residents of the valley. Mary Jane Perkins Mrs. Perkins spoke in favor of development of a park for 205 Camino del Cerro Grande the area which could be developed in phases with funds Bonita CA 92002 raised by various community organizations for items such as landscaping, walkways, benches, etc. Public hearing closed There being no further comments, the public hearing was declared closed. City to retain ownership Mayor Hyde commented that when the Council directed staff of property to look into this matter, it was indicated that (1) it would be the intent of the Council to retain ownership of the property and if development occurred, it would be on a lease basis; and (2) any type of development would be considered with regard to compatibility with the surrounding community. Motion not to adopt It was moved by Councilman Gillow and seconded by resolution Councilwoman McCandliss that the Council not adopt this resolution, but leave the zoning as it is. Speaking against motion Councilman Cox spoke against the motion, stating he was in favor of the visitor commercial use and that it would be appropriate to change the zoning. Speaking in favor of Mayor Hyde spoke in favor of the staff proposal, stating development that the Council will have full control over whatever type of development occurs on the property, and that development would be appropriate at this time. Held Tuesday - 7:00 p.m. - 5 - Novemher 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Motion carried The motion not to adopt the resolution carried by the following vote, to-wit: AYES: Councilmen Gillow, McCandliss, Scott Noes: Councilmen Cox, Hyde Absent: None a. RESOLUTION - By the above vote of the Council, this resolution was not CHANGING THE DESIGNATION ON adopted. THE GENERAL PLAN FOR APPROXIMATELY 3.4 ACRES LOCATED ADJACENT TO THE CHULA VISTA MUNICIPAL GOLF COURSE FROM PARKS AND PUBLIC OPEN SPACE TO VISITOR CO~RCIAL Motion to request It was moved by Councilman Gillow and seconded by suggestions from community Councilman Cox that the Council ask the Bonita organizations - organizations the Business and Professional Association and the Sweetwater Planning ~roup to look into ideas for this property, e.g., an oldfashionedbandstand, benches, and flower gardens. Speaking against the Councilman Scott spoke against the motion, expressing his motion concern that if a park is developed, the City may have a maintenance problem. Speaking against the Mayor Hyde spoke against the motion stating that it motion implies the Council has decided against development of the property. He said he would not like to mislead people in the area to think development will not occur as it would be unfair to their efforts to submit ideas which may not be approved. Motion failed The motion to request ideas from Bonita community groups failed by the following vote, to-wit: AYES: Councilmen Gillow, Cox Noes: Mayor Hyde, Councilwoman McCandliss, Councilman Scott Absent: None 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF A~NDMENT opended the public hearing. TO PARKS AND RECREATION ELE~NT OF THE GENERAL On February 3, 1976 the Council adopted the following PLAN statement of comprehensive policy pertaining to the acquisition and development of municipal park sites with in lieu fees collected under Section 17.10 of the City Code: "Because c~wide regional ~ks benefit ~ll ~eas of the city, funds collected under Section 17.10 of the Municipal Code need not be ~ed solely for the purchase of n~ghborhood and community parks, b~ may be used for the acquisition and developme~ of c~ywide or regional p~zks for the benefit of resident~ of the subdivision from which they are collected." In a written statement, Director of Planning Peterson said the proposed amendment to the Parks and Recreation Element incorporates this policy and will create the Park Administration District to facilitate the execution of the policy for the expenditure of Section 17.10 funds. Held Tuesday - 7:00 p.m. - 6 - November 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Mr. Peterson explained that at the present time, the Parks and Recreation element of the General Plan divides the City into 25 Community Park Districts and 53 Neighborhood Park Districts. He said this amendment will eliminate the Neighborhood Park Districts, retain the 25 Community Park Districts, and create four Park Administration Districts. He said the Planning Commission on October 17 recommended adoption of the amendment and staff concurs. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 6a. RESOLUTION NO. 9827 - Offered by Councilman Scott, the reading of the text was AMENDING POLICIES SECTION waived by unanimous consent, passed and adopted by the OF PARKS AND RECREATION following vote, to-wit: ELEMENT OF THE GENERAL PLAN AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. ESTABLISHING UNDERGROUND UTILITY DISTRICT ALONG City Engineer Lippitt said that the proposed underground FOURTH FROM "F" TO "G" utility district for Fourth Avenue between "F" and "G" STREETS AND ALONG CENTER will he a type A district and the cost will be funded by FROM FOURTH AVENUE TO an allocation from San Diego Gas and Electric Company LANDIS AVENUE under Rule 20A. Undergrounding of utilities on Center Street will be a type B district and the cost of under- grounding will be paid for by City/Agency by using Town Centre/Bayfront tax increment funds. Mr. Lippitt said the estimated cost for the A District is approximately $273,000 and for the B District it is approximately $20,000. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 7a. RESOLUTION NO. 9828 - Offered by Councilman Scott, the reading of the text was ESTABLISHING UNDERGROUND waived by unanimous consent, passed and adopted by the UTILITY DISTRICT #110 following vote, to-wit: ON FOURTH AVENUE FROM "F" TO "G" STREETS AND AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss ALONG CENTER FROM FOURTH Noes: None AVENUE TO LANDIS AVENUE Absent: None 8. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde BLOCK GRANT PERFORMANCE opened the public hearing. REPORT The purpose of the hearing is to review the program's progress and to provide citizens with an opportunity to comment on the City's performance in meeting Block Grant objectives. Community Development Director Desrochers said the City received $985,000 in Block Grant funds for 1978-79 and expended $582,279 or 59% to date; for 1979-80, a total of $1,815,000 is budgeted and $101,600 or 5.6% has been expended as of September 30. In answer to a query from Mayor Hyde as to plans to handle the $1,000,000 advance grant from HUD, Community Development Director Desrochers said staff is pursuing several avenues to acquire land for "affordable" housing. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Held Tuesday - 7:00 p.m. - 7 - November 6, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Councilman Gillow referred to page 3 of the staff progress report on Block Grant projects for 1978-79 - Crime Prevention (BG S6). Motion to request It was moved by Councilman Gillow and seconded by Mayor suggestions from Crime Hyde that the Crime Prevention Committee be asked to Prevention Committee come up with suggestions on the use of the money under Block Grant 56. Funds still available In reply to a question from Councilman Cox, Community Development Director Desrocher5 explained the $5,000 for this program involved the Police Department assisting in providing information to residents of the target areas of Vista Square and Feaster Schools on crime prevention, including the installation of new locks on homes. Ne said the money has not been expended to date and other ideas could be utilized as long as the funds are spent in the target areas. Mayor Hyde suggested that the FOCUS Committee be notified when Community Block Grant fund proposals are being considered. Motion carried The motion to ask for suggestions from the Crime Prevention Committee on Block Grant 56 carried unanimously. Motion to accept report It was moved hy Councilman Cox, seconded hy Mayor Hyde and unanimously carried that the report be accepted. (Item 4h reconsidered) Frank Williams Mr. Williams asked if Item 4b could ne reconsidered as Yoder/Williams Realty he missed the discussion on this item and there is a Chula Vista problem. With the concurrence of the Council, Mayor Hy~e reopened this matter for discussion. Request to expedite Mr. Williams said there is a time problem of meeting the action on interim deadline of December 7, 1979 on the commitment made to ordinance the seller by Peters Home and Garden. He asked if the Council could take action on the interim ordinance on Thursday, (November 8) instead of next Tuesday (November 13). Mr. Williams accepts Council discussion ensued with staff regarding the time element processing time on this matter and it was determined that staff will be pressed for time to prepare a proper ordinance by next Tuesday~ and considering the ordinance on Tuesday will not cause undue delay. Mr. Williams accepted this time element. Mayor Hyde said he would like to pull Item 11 from the Consent Calendar and consider it separately. (Item 14 was continued by previous Council action.) CONSENT CALENDAR It was moved by Mayor Hyde, seconded by Councilman Cox (Items 9 through 14) and unanimously carried that the Consent Calendar be approved and adopted with the exception of Items 11 and 14. Held Tuesday - 7:00 p.m. - 8 - November 6, 1979 CONSENT CALENDAR (Cont.) 9. RESOLUTION NO. 9829 - The Gersten Companies, through Dawat Development, Inc., ACCEPTING PUBLIC IM- have completed the public improvements for the resubdivision PROVEMENTS, RESUBDIVISION of Lot 340 of E1 Rancho del Rey No. 5. A final inspection OF LOT 340, EL RANCHO DEL was made on October 19, 1979 and all work was found to REY he in accordance with the plans and specifications and were constructed to the satisfaction of the City Engineer. 10. RESOLUTION NO. 9830 - The Gersten Companies have completed the public improvements ACCEPTING PUBLIC IM- in E1 Rancho del Rey Unit No. 5 suhdi¥ision. A final PROVEMENTS, EL RANCHO DEL inspection was made on October 19, 1979 and all work was REY UNIT S SUBDIVISION found to be in accordance with the plans and specifications and constructed to the satisfaction of the City Engineer. 12. RESOLUTION NO. 9831 - In 1977 the owaaers of property located on the south side RELEASING INTEREST IN of Otay Valley Road, immediately west of 1-805, submitted OFFER OF DEDICATION FOR A a tentative parcel map providing for two parcels: a 29-FOOT WIDE ROAD EASEMENT northerly parcel fronting on Otay Valley Road and a FROM MORRIS L. AND ANNA southerly parcel with access from Rancho Drive. BELLE WHALEY The only access to the northerly parcel was approximately 8 feet on Otay Valley Road making it necessary to provide access from the south. Dedication of an easement was offered on August 2, 1977 and rejected hy the Council with the right to accept it at a later date. Since then Five Flags Limited acquired the northerly parcel together with adjoining property to the west, adding approximately 200 feet to the frontage on Otay Valley Road. The City Engineer stated there was no longer any need to reserve the offered street easement. 13. RESOLUTION NO. 9832 - The development of Bonita Hills Ranch within County APPROVING GRANT OF DRAINAGE territory increased a drainage problem for properties EASEMENT TO SAN DIEGO COUNTY in the vicinity of Tim Street and Acacia Avenue. In order FLOOD CONTROL DISTRICT, to correct the problem, Degan/Hall Development Company and ZONE 3 and the County Flood Control District have proposed an underground storm drain to be located in a 10-foot wide easement within open space Lot 140 of Bonita Ridge Estates Unit No. 3. The Engineering Department reviewed this proposal and determined the water from the drain can be accommodated without creating new flooding conditions along the drainage channel upstream. (END OF CONSENT CALENDAR) 11. RESOLUTION NO. 9833 - The recent State Coastal Commission action significantly ACKNOWLEDGING DELETION OF reduces the probability that Tidelands Avenue and related RAMPS TO TIDELANDS AVENUE ramps across the Sweetwater marsh will be constructed in FROM I-5/54 INTERCHANGE the foreseeable future. The agreement with CalTrans calls CONSTRUCTION for construction of the ramps. Staff recommended that the City acknowledge such ramps will not be constructed as part of the proposed project with the following conditions: (a) that the I-5/54 interchange be redesigned to provide direct access to "E" Street from State Route S4, and (b) that CalTrans design the 1-5/54 interchange in such a manner that ramps to Tidelands Avenue could be added in the future. Question regarding plans Mayor Hyde asked if there are any plans for the modification for modification of of I-5/54 interchange as the result of the decision to interchange delete the ramps from the current plan for Tidelands Avenue. Held Tuesday - 7:00 p.m. - 9 - November 6, 1979 1-54 to connect City Engineer Lippitt stated CalTrans has a sketch and to "E" Street a plan where they can connect 1-54 to "E" Street, and they have also indicated they are planning to prepare the redesign of the interchange so that the Tidelands ramps can be installed in the future if the project is eventually approved. 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 14. RESOLUTION - (Continued to November 20, 1979. See page 2 of the minutes.) DENYING THE APPEAL OF DEVELOPERS OF CHBZ BONITA FROM THE GRANT OF A ZONING VARIANCE BY THE PLANNING COF~4ISSION FOR EXEMPTION FROM WEST TO EAST DEVELOP- MENT POLICY OF EL RANCHO DEL REY SPECIFIC PLAN TO PERMIT DEVELOPMENT OF 2.6 ACRE PARCEL ON NORTH SIDE OF EAST "H" STREET, APPROXIE~TELY 600 FEET WEST OF OTAY LAKES ROAD RESOLUTIONS AND ORDINANCES, FIRST READING UNANIMOUS CONSENT ITEM 14-A. RESOLUTION NO. 9834 - Councilman Scott reported that a meeting was held with APPROVING AGREEMENT BETWEEN the Bonita/Sunnyside Fire Protection District negotiating THE CITY AND BONITA/ team and they developed a new plan. He said the agreement SUNNYSIDE FIRE PROTECTION basically provides for the payment to the District of DISTRICT FOR JOINT FIRE $24,000 for two years, starting July 1, 1~79, and in PROTECTION SERVICES, AND the third year another $24,000 plus picking up the Consumer RESCINDING RESOLUTION Price Index (CPI) for the two prior years and adding that NO. 9822 AND MODIFYING to the $24,000. He said he felt the agreement was fair RESOLUTIONS NO. 9678, and recommended that it be adopted. 9779 AND 9825 Question regarding new Councilman Cox questioned the deletion to the reference that agreement if there should be additional costs for the dispatch service, the City would pay them. Councilman Scott stated that this was part of the agreement and should be included. Motion to amend agreement It was moved by Councilman Scott, seconded by Councilman regarding dispatch service Cox and unanimously carried that the language agreed upon in the prior contract be included in this contract (regarding any additional costs for dispatching to be paid by the City.) Resolution offered Offered by Councilman Scott, as amended, 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. - 10 - November 6, 1979 RECESS A recess was called at 9:02 p.m. and the meeting reconvened at 9:12 p.m. 15. RESOLUTION NO. 9835 - Bids were received on October 17, 1979 for the construction ACCEPTING BIDS AND AWARDING of curbs, gutters, sidewalks, and sidewalk ramps. Ramps CONTRACT FOR THE CON- ~ill he constructed at the intersections of Broadway and STRUCTION OF CURBS, GUTTERS, "I" Street. The iow hid was submitted hy G. Spikes SIDEWALKS AND SIDEWALK RAMPS Masonry and Cement Contractor. IN THE VISTA SQUARE AND MUELLER AREA AND APPROVING CHANGE ORDER NO. 1 Staff recommended that the Council (1) authorize the expenditure of $7,600 from budgeted "Wheelchair Ramps" Project, Account 633-6330-BG74C, (2) accept bids and award contract to G. Spikes Masonry and Cement Contractor in the amount of $6,627.76, and (3) authorize execution of Change Order No. 1 in the amount of $1,513.34. 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 16. RESOLUTION NO. 9836 - On October 23, 1979, staff met with representatives from ACCEPTING THE PROPOSAL three consulting firms who made proposals for the City's OF ARTHUR YOUNG & COMPANY classification and salary study which included the following FOR CONDUCTING A CLASSIFI- three major components: (1) questionnaires to be filled CATION AND PAY STUDY; out by every employee; (2) interviews with selected AUTHORIZING THE CITY MANAGER employees; and (3) the salary survey of other agencies TO NEGOTIATE A FINAL which is used to set appropriate salary ranges. The CONTRACT AND APPROPRIATING staff recommended that the City hire Arthur Young & FUNDS THEREFOR Company to conduct the survey as called for in the Request for Proposal. In answer to a question from Councilman Cox, City Manager Cole said the study will include positions of City Manager, City Attorney and City Clerk with this phase to be handled first and to be completed by January 1, 1980. 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 17. RESOLUTION NO. 9837 - Community Development Director Desrochers called attention APPROVING CONTRACT WITH to Exhibit "A" of the Agreement where office space will SAN DIEGO CONVENTION & be provided in the Public Services Building, noting VISITORS BUREAU this is included in Option 1 as recommended by the staff. 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 Held Tuesday - 7:00 p.m. - 11 - November 6, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 18. RESOLUTION NO. 9838 - City staff has negotiated an agreement with the Diocese APPROVING AGREEMENT FOR of San Diego regarding the Third Avenue Street widening ACQUISITION OF PROPERTY project. Under this agreement, the City will pay $490 AT 473 THIRD AVENUE FROM for 48.29 square feet of property at 473 Third Avenue, THE DIOCESE OF SAN DIEGO and, in addition, the City will move the existing fence EDUCATION AND WELFARE and restore the landscaping which will be affected. CORPORATION - THIRD AVENUE WIDENING PROJECT 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 19. RESOLUTION NO. 9839 - At the Redevelopment Agency meeting of October 4, 1979 APPROVING ADDITIONAL Mr. Wayne Carroll, City Auditor, expressed his concern ACCOUNTING POSITION IN for an additional professional accountant. He stated FINANCE DEPARTMENT AND that while the City budget has increased from 8 million APPROPRIATING FUNDS dollars to 20 million dollars, there has been no additional THEREFOR staffing in the Finance Department. The Director of Finance submitted a detailed report noting justification for hiring the junior accountant. 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 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 20. ORDINANCE NO. 1881 - On October 23, 1979, the Council amended a revised taxicab AMENDING CHAPTER 5.54 ordinance and placed it on first reading. OF THE CITY CODE RELATING TO THE ISSUANCE OF (This item was continued until November 13, 1979. See CERTIFICATES FOR THE OPER- page 2 of the minutes.) ATION OF TAXICABS - SECOND READING AND ADOPTION 21. REPORT OF THE CITY M~NAGER a. REPORT ON REQUEST FOR In a written report, City Manager Cole referred to a DEVELOPMENT OF UDAG request from Alternative Energy Incorporated to prepare PROPOSAL BY ALTERNATIVE a proposal for an Urban Development Action Grant (UDAG) ENERGY, INC. to assess the geothermal resources in the City. As there are no geothermal resources in Chula Vista and as the costs ~roposed by Alternative Energy Incorporated are excessive , staff recommended that the Council reject Dr. Wiegand's proposal. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. b. Council Conference City Manager Cole distributed a Council Conference schedule schedule to the Council. Held Tuesday - 7:00 p.m. - 12 - November 6, 1979 21. REPORT OF THE CITY MANAGER (Cont.) c. Burroughs computer Mr. Cole reported that the new Burroughs computer will be installed between November 14 and 16, with arrangements being made for a back-up computer if needed. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 22. REPORT ON PROPOSED CONDITIONS In a written report, Director of Planning Peterson noted OF APPROVAL OF BONITA LONG that on October 2, 1979 the Council accepted the conditions CANYON ESTATES DEVELOPMENT of approval for the development of Bonita Long Canyon AND AUTHORIZATION OF Estates as recommended hy staff. He said a joint meeting TRANSMITTAL OF SAME TO THE with the County staff was held on October 16, 1979 COUNTY BOARD OF SUPERVISORS along with several meetings with representatives of the Gersten Company. The representatives seem to accept the recommended conditions on a preliminary basis and staff feels it is appropriate to forward the conditions of approval to the Board of Supervisors. A draft letter was submitted for Council review. Mayor Hyde expressed his concern that the letter did not present the Council's position that development of Long Canyon area is premature for two reasons - (1) the impact of development of "H" Street and concern for the west to east deyelopment schedule; and (2) that at this time the Council feels the County should apply a future urban development category to that area. Motion to add statement It was moved by Mayor Hyde and seconded by Councilwoman to letter McCandliss that the Council add an initial statement at the beginning (of the letter) reciting the Council's concern that early development in the Long Canyon area is premature and development should be placed in the "FUDA" category. Suggestion for two Councilman Scott suggested that this be done as a second letters letter rather than a part of this one, since this is not one of the conditions for approval. Suggestion to Councilwoman McCandliss suggested that the statement be re-phrase statement re-phrased to say, "The Council prefers that development be held off; however, these are the conditions..." Additional background Councilman Cox recommended that the draft letter include recommended an additional paragraph giving more background to emphasize the Council did take a position to encourage no development, but because of the action taken by the Board of Supervisors, "the attached conditions have been developed." Motion modified Mayor Hyde said he would modify his motion to indicate the phraseology be couched in temperate tones, but convey the intent the Council had in the beginning that development is premature. Councilwoman McCandliss agreed as the second and the motion carried unanimously. Dick Brown Mr. Brown said he was "stunned" by the Council action. Otay Land Company He explained that engineers for the Otay Land Company have been working on plans at considerable expense to try to meet these requirements and asked that the letter not be sent to the Board of Supervisors at this time. He suggested that Otay Land Co. be permitted time to complete their plans and submit them for acceptance or rejection. At that time, if the problems are not resolved, the matter can go before the Board of Supervisors. Motion to table this item It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that this matter be tabled. Held Tuesday - 7:00 p.m. - 13 - November 6, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) 23. REPORT ON REQUEST TO Pending legislation before Congress will give local AUTHORIZE THE CITY MANAGER government the option of receiving Law Enforcement Assistance TO EXPRESS THE CITY'S Administration funds from the State on a project by project WILLINGNESS TO JOIN THE basis or locally through an "entitlement jurisdiction." COUNTY AND CITY OF SAN DIEGO The San Diego Regional Criminal Justice Planning Board is IN FORMING AN ENTITLEMENT asking local governments to support them in the position JURISDICTION TO RECEIVE of "entitlement jurisdiction" so a regional program can be FEDERAL CRIME CONTROL FUNDS initiated. The Chief of Police recommended that the City join the City and County of San Diego in forming this single jurisdiction. Motion to accept report It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the report be accepted. 24. REPORT ON RECREATIONAL The Council requested staff to investigate a change in the SWIMMING DURING THE MONTH fall closing time for recreational swirmning at Loma Verde OF SEPTEMBER and Park Way swimming pools. In a written report, Director of Parks and Recreation Hall stated it has been standard operating procedure to completely close the pools the first week after school starts for maintenance and to conduct staff training programs. The report indicated the staff's evaluation of the aquatics program shows no maintenance has been required, and that the staff training can be postponed until a later date. Accordingly, staff proposed that the recreational swim period be extended through the month of September. Motion to accept report It was moved by Councilwoman McCandliss, seconded by Councilman Gillow and unanimously carried that the report be accepted. 25. REPORT ON STATUS OF As requested by the Council, the Director of Planning "ISLAND ANNEXATIONS" AND submitted a detailed report of the Municipal Organization EXPIRATION OF "ISLAND Act (MORGA) and recommended that the Council initiate PROVISIONS" UNDER N~3NICIPAL annexation of the following island areas: Area D: an ORGANIZATION ACT OF 1977 island of 57 acres. The ADMA COMPANY INC. REORGANIZATION approved by the Council comprises 20 of these 57 acres. Prior to the recordation of this annexation, transfer of property taxes must be negotiated as required by AB 8. The remaining 37+ acres will still meet MORGA "island" criteria and the Council could proceed with initiating annexation. Area E: an island of 11 acres. The annexation of 1.15 acres has been submitted to LAFCO (McCann/Greenwood Place Reorganization] for public hearing on November 5, 1979. If approved, the remaining area of 10+ acres could also proceed under the "island" provisions. Motion to accept staff It was moved by Councilman Scott and seconded by Councilman recommendation Cox that the staff's recommendation be accepted to initiate the annexation of island areas D and E and direct staff to bring back appropriate resolutions. Speaking against motion Mayor Hyde said that subsequent to Proposition 13, analyses of the Governor's office indicated residential properties are not carrying their share of pay for city government services. He questioned the advisability of annexing these areas until development occurs and spoke against the motion, Motion carried The motion to accept staff recommendation carried by a vote of 4-1 with Mayor Hyde voting "no". Held Tuesday - 7:00 p.m. - 14 - Novemher 6, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) 26. REPORT ON SOLAR Director of Building and Houaing Grady submitted a written WATER HEATERS report explaining that the County has amended the Uniform Plumbing Code to require that residential buildings constructed on lots created in non-natural gas areas after October 1, 1979, where solar accesa to a lot is feasible, shall have solar water heating systems installed. On October 1, 1980 new residential structures shall have solar water heating. Staff recommended that the Council consider a solar water heating and solar swimming pool ordinance for the City of Chula Vista with an effective date of October 1, 1980 to coincide with the effective date of the County ordinance. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the staff report be accepted. 27. REPORT ON MOVING The Council directed staff to look into the feasibility "OUR HOUSE" ~dqD and cost of relocating Our House and Greg Rogers House. GREG ROGERS HOUSE Director of Building and Housing Grady, in a written statement, reported that Mr. Dick Zogob, o~ner of Greg Rogers House, has agreed to give the house to the City. Mr. Nicholas Debbas, owner of Our Hous~ could not be contacted. John Hansen Moving Company has estimated the cost of moving the buildings to the Bayfront area at $23,000 each. Staff further estimates the cost for new foundations at a total of $17,000. In addition there will be costs for rehabilitating the buildings which cannot be determined at this time. Motion to accept report It was moved by Mayor Hyde, seconded by Councilwoman and refer to Historical McCandliss and unanimously carried that the report be Site Board accepted and a copy sent to the Historical Site Board for their consideration. 28. REPORT REGARDING LACK OF Chief of Police Winters submitted a written report stating DETENTION QUARTERS FOR that approximately two years ago a decision was made by WOMEN IN NEW SOUTH BAY the Board of Supervisors to convert the Las Colinas COURTHOUSE/JAIL Institution for juvenile delinquent girls to a prison for adult women. Effective January 1, 1980, the Sheriff indicates he can no longer transport the prisoners to Las Colinas and the City will have to take over this function. The Chief of Police recommended that the Council strongly urge the Board of Supervisors to include a section in the new regional court complex for women prisoners as a cost effective solution to the problem. Motion to accept It was moved by Councilman Scott, seconded by Councilman staff recommendation Cox and unanimously carried that the staff recommendation be accepted. 29. REPORT ON LONG TERM In accordance with Council direction, the Traffic Engineer SOLUTIONS TO IMPROVE TRAFFIC met with the Safety Commission and CIP Committee to SAFETY ON NACION AVENUE develop a long-term solution to improve traffic safety on BETWEEN EAST "L" STREET Nacion. In a written report, staff recommended that (1) AND EAST NAPLES STREET more safety devices be installed on Nacion Avenue, and (2) staff be directed to develop cost estimates and determine the impact on adjacent property of a) closing Nacion Avenue to through traffic between Inkopah and East ~ss Streets, b) installing a traffic signal at East "L" and Melrose before Nacion is closed, and c) rebuilding East "L" Street to provide for a design speed of 35 MPH. Held Tuesday - 7:00 p.m. - 15 - November 6, 1979 REPORTS OF CITY OFFICERS AND DEPART~NT HEADS (Cont.) In answer to a query from Mayor Hyde, Traffic Engineer Hansen clarified that the additional safety devices would be the installation of more raised reflectors along the center line and installing rosary reflectors in advance of the first curb northbound to create a rumble strip effect. Items 29 and 30 to be Mayor Hyde announced that since Item 30 - the report from considered together the Safety Commission - is a related item, it will be considered simultaneously with Item 29 REPORTS, REQUESTS AND RECOM~NDATIONS OF CITY BOARDS AND COMMISSIONS 30. REPORT AND RECO~I~ENDATION On October 25, 1979 the Safety Commission voted to forward ON NACION AVENUE BETWEEN the following recommendation to the Council: (1) The EAST "L" STREET AND EAST Commission concurs with the short term actions taken and NAPLES STREET recommends further checks be made on the adequacy of installed reflectors; (2) The Commission recommends that additional police patrol efforts be extended to this area until a "cul-de-sac" is installed, and (3) further recommends that as early as possible, and concurrently, Nacion Avenue be closed at an appropriate point between Naples and Inkopah ~nd a fixed time traffic signal be installed at Melrose and "L" Street with suitable caution signals to westbound traffic on "L" Street. Council discussion Council discussion ensued with staff regarding (1) elimination of certain parking along Nacion; (2) making Nacion a one-way street; (3) criteria for selection of closing point for Nacion; (4) the goal is to slow traffic at this time; and (5) alternatives and traffic impact on other areas. John O'Neill Mr. O'Neill reported that a telephone pole has been knocked 399 Montclair Street down between Inkopah and Moss since the last Council meeting. Chula Vista He asked that the Safety Commission recommendation be accepted and implemented immediately. He also suggested irregular police patrols on staggered days and at peak hours until the street is blocked, and if the cul-de-sac is not constructed soon, that a temporary closing be put in. Gary B. Dyer Mr. Dyer said many people use Nacion as an access way to 1207 Nile Court the freeway, to the shopping center, and to the schools Chula Vista to the north. He questioned closing the road and re-routing people to their destinations in view of the rising fuel costs, and suggested sufficient studies have not been made regarding increased traffic potential due to the freeway and recent developments in the area or on the impact the closing of Nation will have on other areas. Cost estimates to be In response to a question from Mayor Hyde, City Engineer included in CIP process Lippitt said the cost estimates referred to in the staff report would be developed through the CIP process and compete with other projects in the City to be considered at budget sessions next May. City Manager Cole noted that this matter could not be included in the CIP process until the Council makes a decision as to the closing of Nacion. In answer to a query from Councilwoman McCandliss, Mr. Lippitt said that between now and May an evaluation can be made as to the effectiveness of the safety measures already taken. Held Tuesday - 7:00 p.m. - 16 - November 6, 1979 REPORTS, REQUESTS AND RECO~4ENDATIONS OF CITY BOARDS AND COMMISSIONS (Cont.) Motion to accept staff It was moved by Councilman Scott and seconded hy Mayor recommendation Hyde that the staff recommendation be accepted. Council discussion Council discussion followed concerning the time-constuning staff study; suggestions for 30-day trial closing of Nacion; the ultimate need for a signal at Melrose and "L" without closing Nacion; and the potential for drivers to come up with other solutions. Substitute motion It was moved by Councilman Cox and seconded by Mayor Hyde that the staff report be accepted and direction given to close Nacion at an appropriate point to be determined by staff for a period of time which they would determine as necessary to determine the impact of a permanent closure. Speaking against motion Councilman Scott spoke against the motion stating a trial closing would be premature which might create a safety problem at Melrose and "L" Street. Substitute motion withdrawn Councilman Cox withdrew his motion. Mayor Hyde agreed as the second. Main motion carried The motion to accept staff recommendation carried unanimously. Motion for up-date It was moved hy Mayor Hyde, seconded by Councilman Gillow report in January and unanimously carried that staff come back the first week in January with an up-date on the situation on Nacion and the studies so the Council can consider at that time whether or not they should proceed further with a trial closure. MAYOR'S REPORT National League of Cities Mayor Hyde said Councilwoman McCandliss and Councilman Scott Convention in November will be attending the National League of Cities Conference later in November. Motion to designate It was moved by Mayor Hyde, seconded by Councilman Cox and Councilwoman McCand]iss unanimously carried that Councilwoman McCandliss he designated as voting delegate as the voting delegate to the National League of Cities Convention for the City of Chula Vista. Alternate delegate It was moved hy Councilman Scott, seconded hy Mayor Hyde and carried by a vote of 3-2 (Councilman Gillow and Cox voting "no"] that Councilman Scott be designated as the Alternate. Question re: relocation Mayor Hyde reported that at the last CPO meeting, the Board of Lindherg Field of Directors asked that City Councils be polled to answer two questions: (1) should there he a county-wide vote on the question of the relocation of the regional airport currently located at Lindbcrg Field. Motion not to take a It was moved by Councilman Scott, seconded by Councilman county-wide vote Gillow and unanimously carried that a county-wide vote not be taken, or any vote. Mayor Hyde said the second question is, if there is a majority vote of the CPO to go to an election, should the election he conducted on a county-wide basis or only within the City of San Diego, or some other solution. Held Tuesday ~ 7:00 p.m. - 17 - November 6, 1979 MAYOR'S REPORT (Cont.) Motion for county-wide It was moved by Mayor Hyde, seconded by Councilman Scott vote, if vote is taken and unanimously carried that the vote should be county-wide (in the event a vote is taken.) 911 emergency number Mayor Hyde said there is a move in San Diego County to system adopt a county-wide 911 emergency number system for the entire County. The Board of Directors of CPO has requested that each City support it and adopt a resolution to install the system. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to the staff and that they be asked to advise the Council as to whether or not such a resolution should be supported, such matter to come back at the next regular meeting. Meeting of 11/27/79 Mayor Hyde said the meeting of November 27 had been cancelled cancelled due to the National League of Cities Conference and it was anticipated there would not be a quorum; however, there will now be three Councilmembers present in the City. Motion to re-schedule It was moved by Mayor Hyde, seconded by Councilman Cox and meeting of 11/27/79 carried 4-1 (Councilman Scott voting "no") that a regular meeting be scheduled - minus public hearings - on Tuesday, November 27, 1979. COUNCIL COMMENTS Request to prune trees Councilwoman McCandliss reported that she had received at East "J" and Lori Lane complaints from people regarding the islands at East "J" Street and Lori Lane in that they cannot see around them. They asked if the trees can be pruned. Assistance of CalTrans In response to a query from Councilman Cox, City Engineer requested in safety Lippitt said the traffic signal bids were opened on measures a~ 1-805 & "L" Noven~er 1 for the signal at 1-805 and "L" Street but no status report h~,s been received from CalTrans. A letter has been directed to the District Director of CalTrans asking for assistance to help with the safety problem in the interim period until the signal is 5nstalled. Request from Rancho Councilm~B Cox referred to a letter received from the Rohinhood Homeowners Homeowners in Open Space District No. 3 of Rancho Robinhood requesting a copy of the maintenance contractor's report ~hichSs submitted each three months, and offering suggestions regarding the landscaping problem in this area. Motion to refer to staff It was moved by Councilman Cox, seconded by Mayor Hyde and with report back in two unanimously carried that this be referred to staff and a weeks report to come back in two weeks on the action taken. Complaints regarding noise Councilman Gillow said he has received complaints regarding noise on the heavy traffic streets such as "L", "E", etc. caused by motor bikes, trucks and some cars. Motion for staff report It was moved by Councilman Gillow and seconded by Councilwoman McCandliss that staff be directed to monitor National City's efforts in this regard and come up with a report on what Chula Vista can do about this problem - with no time limit on the report. Held Tuesday - 7:00 p.m. - 18 - November 6, 1979 COUNCIL cemeNTS (Cont.) Council discussion Council discussion ensued concerning the City's noise ordinance and a previous report submitted concerning enforcement problems. Motion restated and It was moved by Councilman Gillow, seconded by Councilwoman carried McCandliss and unanimously carried that staff be directed to bring back the previous report on the noise ordinance and the problems with enforcement. Group picture scheduled Mayor Hyde announced that the Council has scheduled a group picture to be taken at 3:30 p.m. prior to the Council Conference on Thursday, November 8. Motion for Executive It was moved by Mayor Hyde, seconded by Councilman Cox Session and unanimously carried that an Executive Session be called for consideration of legal matters. EXECUTIVE SESSION The Council recessed to Executive Session at 10:40 p.m. with the City Clerk excused. Mayor Hyde reported that the meeting reconvened at 10:S0 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:SO p.m. to the Council Conference scheduled for 4:00 p.m. on November 8, 1979 and to the regular meeting on November 13, 1979 at 7:00 p.m. DEPUTY CITY CLERK