Loading...
HomeMy WebLinkAboutcc min 1979/10/16 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 16, 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 pro Tempore Gillow, Councilmen Cox, McCandliss, Scott Councilmen absent: Mayor Hyde - arrived at 8:20 p.m. Staff present: City Manager Cole, Assistant City Attorney Harron, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Police Chief Winters, Purchasing Agent Espinosa, Director of Policy Analysis and Program Evaluation ~omson The pledge of allegiance to the Flag was led by Mayor pro Tempore Gillow followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried by those present that the minutes of the meeting of October 9, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. OATHS OF OFFICE Jennie Fulasz, City Clerk, administered the Oath of Office to the following newly appointed Commissioners: Charles D. Brennan - Human Relations Commission Susan L. Galbraith - Youth Commission Rudy Jauregui - Youth Commission Marie A. Rodriguez - Youth Commission Brian G. Taraz - Youth Commission (Ramona J. Hattendorf was unable to be present.) 3. ORAL COMMUNICATIONS Jerry Prior Mr. Prior asked that consideration be given to acquiring 687 "H" Street additional lighted ballfields; discussed the increased Chula Vista demand for programs; inadequate facilities for women's sports; the City's formula for acquiring park lands; and the poor playing conditions on existing ballfields. He also noted the significant increase in the fees and expresse, concern that the cost will limit the ability of many people to participate in these sports. James Matherly Mr. Matherly read a presentation he made before the 402 Oaklawn Metropolitan Transit Development Board on October 15, Chula Vista 1979 in opposition to the San Diego-Mexico passenger train, and the effect it will have in increasing the national debt. 4. WRITTEN Co~qUNICATIONS (None) Held Tuesday - 7:00 p.m. - 2 - October 16, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor pro CONSIDERATION OF THE Tempore Gillow re-opened the public hearing. ADOPTION OF THE CONFLICT OF INTEREST CODE FOR THE At the meeting of October 2, 1979, the Council suggested CITY OF CHULA VISTA that the City Attorney research alternatives to the proposed (Continued from 10/2/79) Conflict of Interest Ordinance, which is structured on a model prepared after lengthy consultations with the Fair Political Practices Commission. After making a survey of codes adopted by various cities, in a written statement the City Attorney said that since the Fair Political Practices Commission has overall jurisdiction in this area, he recommends that the Council adopt the ordinance as presented on October 2, 1979. Concern regarding number Councilman Scott expressed his concern that the ordinance of employees covered is too broad and inclusive in the number of employees covered, particularly at the middle management level, and the fact that it is an undue invasion of privacy as the records are open to the public. Concern with inclusion Councilman Cox supported Councilman Scott's statements, and of Boards and Commission said he did not feel the members of Boards and Commission members members should be included as they are willing to serve the interests of the community without financial remuneration. He said it would be unfair to them to have their holdings made public since final decisions are made by the Council and not by the Commissions. No court cases currently In answer to a query from Councilman Cox, Assistant City under appeal Attorney Harron said the latest information is that major cases have been heard by the Courts and none of them have reached the appellate level at this time so the law is presumed to be valid. Thus the City has a duty to follow it until it may be declared unconstitutional. Motion to refer ordinance It was moved by Councilman Scott and seconded by Councilman back to staff Cox that the ordinance be sent back to the staff with the thought that instead of trying to encompass all the people possible, that it be made from a different perspective and include as few people as possible and still comply with the law. Suggestion to have certain Councilman Scott suggested that those employees deleted from employees report to City the ordinance could be required to report to the City Managel Manager and Council and Council only and they could thus be covered. Positions included as In answer to a question from Councilwoman McCandliss, suggested by Fair Political Assistant City Attorney Harron said the staff's concern is Practices Commission to name those persons who participate in decision-making and to have the City meet the administrative interpretations of the Fair Political Practices Commission. He said staff believes the persons included are required to report under the law as suggested by the FPPC. Addition to motion to Councilman Scott added to his motion that the public hearing continue public hearing - be continued one month (to November 20). Councilman Cox motion carried agreed as the second and the motion carried unanimously by those present. a. ORDINANCE - (Referred back to staff - to come back November 20, 1979.) AMENDING THE b~rNICIPAL CODE BY ADDING A NEW CHAPTER ENTITLED "CONFLICT OF INTEREST CODE OF THE CITY OF CMULA VISTA" - FIRST READING (Continued from 10/2/79) Held Tuesday - 7:00 p.m. - 3 - October 16, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 6. PUBLIC HEARING - Mayor pro Tempore Gillow noted that this item may require CONSIDERATION OF VARIANCE a four-fifths' vote. PCV-80-1 FOR EXEMPTION FROM "WEST TO EAST DEVELOP- MENT POLICY" OF EL RANCHO DEL REY SPECIFIC PLAN - CHEZ BONITA Motion to trail public It was moved by Mayor pro Tempore Gillow, seconded hy hearing Item 6 until Councilman Cox and unanimously carried by those pre~ent arrival of Mayor Hyde that Item 6 be trailed until Mayor Hyde arrives in approximately one half hour, 7. PUBLIC HEARING - This being the time and place as advertised, Mayor pro CONSIDERATION OF TENTATIVE Tempore Gillow opened the public hearing. SUBDIVISION MAP FOR CHULA VISTA TRACT 80-3, LEA Director of Planning Peterson explained that the applicant CONDOMINIUMS, 183 submitted a tentative subdivision map for Lea Condominiums, BRIGHTWOOD AVENUE Chula Vista Tract 80-3, for the development of an 8 unit condominium project on a 15,395 square foot parcel located a' 183 Brightwood Avenue in the R-3 zone. He briefly described the project stating that it conforms with all provisions of the City Code. On September 26, 1979 the Planning Commission recommended approval in accordance with their Resolution PCS-80-3 and Mr. Peterson said staff concurs. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION NO. 9806 Offered by Councilman Scott, the reading of the text was APPROVING TENTATIVE waived by unanimous consent of those present, passed and SUBDIVISION MAP FOR adopted by the following vote, to-wit: CHULA VISTA TRACT 80-3, LEA CONDOMINIUMS AYES: Councilmen Scott, Gillow, Cox, McCandliss Noes: None Absent: Mayor Hyde 8. PUBLIC HEARING - This being the time and place as advertised, Mayor pro CONSIDERATION OF TENTATIVE Tempore Gillow opened the public hearing. SUBDIVISION MAP FOR CHULA VISTA TRACT 80-2, HIDDEN Director of Planning Peterson stated that the applicant PINES CONDOMINIUMS, 1420 submitted a tentative subdivision map for Hidden Pines, HILLTOP DRIVE Chula Vista Tract 80-2, for the conversion of an existing 48 apartment complex on 2.42 acres into a one lot condominiu~ project located at 1420 Hilltop Drive in the R-3-G-D zone. He discussed the conversion and said it complies with the zoning ordinance and design manual. On September 26, 1979 the Planning Commission recommended approval in accordance with their Resolution PCS-80-2 and staff concurs with this recommendation. Terry L. Sheldon Mr. Sheldon, the applicant, said he had discussed one 2254 Moore Street, Suite 202 addition to the housing element with the Planning Commission San Diego 92110 and in this connection he presented to the Councilmembers a copy of financial information concerning affordable housinI Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Held Tuesday - 7:00 p.m. - 4 - October 16, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 8a. RESOLUTION NO. 9807 Offered by Councilman Scott, the reading of the text was APPROVING TENTATIVE waived by unanimous consent of those present, passed and SUBDIVISION MAP FOR adopted by the following vote, to-wit: CHUI~ VISTA TRACT 80-2, HIDDEN PINES AYES: Councilmen Scott, Gillow, Cox, McCandliss CONDOMINIUMS Noes: None Absent: Mayor Hyde CONSENT CALENDAR It was moved by Mayor pro Tempore Gillow, seconded by (Items 9 through 12) Councilman Cox and unanimously carried by those present, that the Consent Calendar be approved and adopted. 9. RESOLUTION NO. 9808 In accordance with Section 22933 of the Elections Code of ORDERING THE CITY CLERK the State of California, the Council directs the City Clerk TO CANVASS ELECTION RESULTS to canvass the results of the November 6 Special Election. The City Clerk will certify the results at the Council meeting of November 13, 1979. 10. RESOLUTION NO. 9809 In July 1979, the Council approved an undergrounding projeel CALLING A PUBLIC HEARING for the To~n Centre focus area involving undergrounding of TO DETERMINE THE PUBLIC utilities on Center Street by San Diego Gas & Electric Co. NECESSITY FOR THE FORMATION Staff proposed combining the underground work on Center OF AN UNDERGROUND UTILITY Street with undergrounding work on Fourth Avenue between DISTRICT ALONG FOURTH AVENUE "F" and "G" Streets and recommended the public hearing be FROM "F" TO "G" STREETS AND set for November 6, 1979. ALONG CENTER FROM FOURTH AVENUE TO LANDIS AVENUE 11. RESOLUTION NO. 9810 Mike Masanovich Construction Company has completed the ACCEPTING PUBLIC IM- construction of the Storm Drain System on Vista Way and PROVEMENT, STORM DRAIN Alvarado Place in accordance with contract approved by SYSTEM, VISTA WAY AND Resolution 9618. A final inspection was made on September ALVARADO PLACE TO "H" 28, 1979 and all work was found to be in accordance with STREET plans and specifications. 12. RESOLUTION NO. 9811 The City acquired lien agreements covering properties at APPROVING SUBORDINATION 178 and 180 First Avenue in order to secure alley in~rovemel AGREEMENTS FOR TWO LIENS The owners of the properties, Calvin and Jack Jeter, have AT 178 AND 180 FIRST requested that the City subordinate the liens so they may AVENUE AND AUTHORIZING acquire a loan from Chula Vista Federal Savings and Loan THE MAYOR TO EXECUTE SAID Association for construction on the above properties. AGREEMENTS (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 13. RESOLUTION NO. 9812 Bids were received on September 4, 1979 for playground ACCEPTING BIDS AND AWARDING structures and equipment for Feaster School Neighborhood CONTRACT FOR PLAYGROUND Park. The bid by Miracle Recreation Company on all items STRUCTURES AND EQUIPMENT - was as specified and compatible in construction and FEASTER SCHOOL NEIGHBORHOOD appearance. It was recommended by the Architects and staff PARK that the contract be awarded to Miracle Recreation at a total cost of $17,204.86, including tax. Items bid by Hanson In answer to a query from Councilman Scott, Purchasing Associates did not meet Agent Espinosa said the items bid by Hanson Associates, specifications and were Inc. either did not meet specifications or were not not compatible compatible equipment in design. Held Tuesday - 7:00 p.m. - 5 - October 16, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to wit: AYES: Councilmen Cox, McCandliss, Scott, Gillow Noes: None Absent: Mayor Hyde 14. RESOLUTION NO. 9813 On March 20, 1979 the Council directed staff to prepare APPROVING WAIVER OF a resolution granting the Gersten Company a waiver for a UNDERGROUNDING REQUIREMENTS portion of the undergrounding requirements for an office FOR GERSTEN OFFICE building on Otay Lakes Road, subject to receipt of a $7,000 BUILDING, OTAY LAKES ROAD deposit to be used toward the cost of undergrounding work within the City. The required deposit was received on September 27, 1979. Speaking against Councilman Scott spoke against the resolution, stating a resolution deferral would be best as the $7,000 contribution is not a sufficient sum to cover costs. Resolution offered Offered by Mayor pro Tempore Gillow, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor pro Tempore Gillow, Councilmen Cox, McCandlJ Noes: Councilman Scott Absent: Mayor Hyde 15. RESOLUTION NO. 9814 The City has completed six months' experience with the AMENDING THE 1979-80 Temporary Parking Control Officer and strong endorsements BUDGET BY ESTABLISHING have been received from the Downtown Association and the AN ADDITIONAL PARKING Parking Place Commission. The Chief of Police recommended CONTROL OFFICER POSITION that the position be made permanent effective January 1, AND APPROPRIATING FUNDS 1980. THEREFOR Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present. Council discussion Council discussion ensued with staff concerning the enforcement program, the revenue to the City from citations which will cover the cost of the salaries (approximately $30,000 per year) and the overall benefits to the City with better parking control. Resolution adopted The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, McCandliss Noes: None Absent: Mayor Hyde 16. RESOLUTION NO. 9815 The California Housing Finance Agency approved the City's APPROVING THE SUBMITTAL application for participation in the Home Ownership and OF APPLICATION TO DEPARTMENT Home Improvement Loan Program in Neighborhood Preservation OF HOUSING AND Co~qUNITY Areas. As a result, the City is eligible and has been invil DEVELOPMENT FOR PARTICIPATION by the State to apply for a similar program entitled IN THE DEFERRED PAYMENT "Deferred Payment Rehabilitation Loan Program - SB966." REHABILITATION LOAN PROGRAM The City is requesting an amount of $64,000; however, due to competition, the amount approved by the State may be different. Held Tuesday - 7:00 p.m. - 6 - October 16, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, pa~sed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, McCandliss Noes: None Absent: Mayor Hyde 17. RESOLUTION NO. 9816 On October 9, 1979 the Council amended and approved a WITHDRAWING ADMA COMPANY, resolution ordering the "ADMA Company, Inc. Reorganization" INC. REORGANIZATION PROPERTY involving annexation to the City and detachment of the area OF 20.4 ACRES AT BONITA ROAD/ from the Bonita/Sunnyside Fire Protection District and from 0TAY LAKES ROAD FROM THE Flood Control District No. 3. BONITA/SUNNYSIDE FIRE PRO- TECTION DISTRICT The Local Agency Formation Commission has insisted that the detachment from the Fire Protection District be undertaken by a separate resolution. The City Attorney has prepared such a resolution and the initial resolution was appropriately modified to delete any reference to this detachment. Withdrawal from Fire In answer to a question from Councilwoman McCandliss, District not part of Director of Planning Peterson said that the separate LAFCO proceedings resolution was requested because the detachment from the Fire District was not part of the LAFCO resolution approving the annexation. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, McCandliss Noes: None Absent: Mayor Hyde 18. RESOLUTION - On October 11, 1979 the Council directed staff to prepare OPPOSING T}tE GANN a resolution opposing the dann Spending-Limitation Initiati¥ INITIATIVE ON THE NOVEMBER on the November 6 Ballot. The resolution indicates Council' 6, 1979 BALLOT support of a reasonable limitation on government spending and specifies that the ambiguity of the initiative prevents determination of what impact it will have on the City's budget and delivery of services. Item 18 tabled It was moved by Councilman Scott, seconded by Mayor pro Tempore Gillow and unanimously carried by those present, that this item be tabled. 19. ORDINANCE NO. 1880 On September 13, 1979 the Council approved a recommendation AF~NDING THE CITY CODE by the City Manager and the Director of Planning that the RELATIVE TO PROCESSING OF City Engineer rather than the Planning Commission be respons REQUESTS FOR DEFERRAL OF for acting on requests for deferral of public improvements. IMPROVE~NTS - The ordinance amends the Code to so designate the City FIRST READING Engineer, but the right of appeal to the Council by the applicant is unchanged. Ordinance placed on first It was moved by Mayor pro Tempore Gillow that this ordinance reading be placed on first reading and that the reading of the text be waived by unanimous consent of those present. AYES: Mayor pro Tempore Gillow, Councilmen Cox, McCandli Noes: Councilman Scott Absent: Mayor Hyde Held Tuesday - 7:00 p.m. - 7 - October 16, 1979 CONTINUED M~TTERS 20. (This item was deleted from the agenda.) 21. REPORT(S) OF THE CITY Y~kNAGER a. REPORT ON AIR QUALITY Mayor pro Tempore Gillow said that this item was placed CONTROL BOARD ISSUE on the agenda at the request of Mayor Hyde. Motion for Item 21-a It was moved by Councilman Scott, seconded by Mayor pro to be held over Tempore Gillow and unanimously carried by those preaent that this item he held over. b. Council Conference City Manager Cole distributed copies of a proposed Council schedule distributed Conference schedule. c. City assisting in Mr. Cole reported that Building and Housing Director Grady evaluating earthquake was requested by the Office of Emergency Services to go damage in Imperial over to the earthquake area and assist in evaluating the County damage to buildings. d. Montgomery area holding Mr. Cole announced that the Montgomery area is holding meetings on annexation meetings on annexation on October 18 (Otay Elementary School October 29 (Lauderbach School), and November 1 (Woodlawn Park Community Center). Staff will attend the meetings to observe and answer questions. e. Schedule of Council The City Manager referred to the Council Conference schedule meetings and conferences noting that there is no meeting on December 2S (Christmas Day) or January 1 (New Year's Day) which means there will be three weeks between Council meetings. He suggested that the Council consider holding a meeting on January 2, 1980 (Wednesday) or some other day. He also noted that on Novemb 27, a regular Council meeting day, Councilmembers will be attending the National League of Cities Conference in Las Vegas. Motion to cancel Council It was moved by Councilman Scott, seconded by Councilman meeting of 11/27 Gillow and unanimously carried by those present that no Council meeting be held on November 27, 1979. First meeting in January It was moved by Councilman Cox, seconded by Councilman to be Wednesday, January 2 Scott and unanimousl7 carried by those present that the proposed schedule presented by Mr. Cole be accepted, includi the change of dates from January 1 (Tuesday) to January 2 (Wednesday), 1980. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 22. REPORT ON PROGRAM FOR In June 1979, the Council approved a staff recommendation PARKING IN THE CIVIC to "develop a long range program to acquire, lease or CENTER AREA AND IMPROVEMENTS develop adjoining City-owned land to accommodate future TO THE OLD ANNEX SITE parking needs for the Civic Center area." Staff prepared a ADJACENT TO THE LIBRARY detailed report in response to this direction and recom- mended that (1) the City not acquire, lease or develop adjoining City-owned land in the Civic Center area for parking at the present time; and (2) that the "minimum landscaping scheme" be installed (alternate "c" in the report) for the site of the Civic Center Annex. Motion to accept report It was moved by Councilman Scott and seconded by Mayor pro Tempore Gillow that the report be accepted: (1) not acquire land and (2) install minimum landscaping scheme - alternate "a" (of the staff report). Held Tuesday - 7:00 p.m. - 8 - October 16, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Suggestion to split Councilman Cox said he could support the motion to accep~ motion the report, but not the portion to install minimum landscaping. He suggested the motion he divided. biotion restated It was moved by Councilman Scott, seconded by Mayor pro and carried Tempore Gillow and unanimously carried by those present that Part 1 of the report be accepted. Motion to accept Part It was moved by Councilman Scott and seconded by Mayor pro 2 of the report Tempore Gillow that Part 2 of the report be accepted. Suggestion for annex to Councilman Cox spoke in opposition to the motion, discussin~ be used as temporary the staff rationale for not supporting additional parking parking in the annex area at this time. He commented on the parkin~ situation on Guava and Fig Avenues where all-day parking is utilized due to the Court complex. He suggested that as an interim measure, the annex lot be used as a temporary parking lot and the decision concerning a permanent solution be made at budget time. Concern regarding Councilman Scott expressed his concern that a parking lot maintaining park near the Library would detract from the park atmosphere atmosphere of of the Civic Center and said the problem of parking on the Civic Center streets will be resolved when the Court moves to "H" Street. Hazard in crossing Mayor pro Tempore Gillow commented on the hazard faced by Fourth Avenue people crossing Fourth Avenue from the parking lot to the Civic Center. Motion to accept The motion to accept staff recommendation Part 2 carried Part 2 of report by the following vote, to-wit: carried AYES: Councilmen Scott, Gillow, McCandliss Noes: Councilman Cox Absent: Mayor Hyde MAYOR'S REPORT Letter from Community Mayor pro Tempore Gillow referred to a letter received by Hospital re: Brandywine the Council from the Community Hospital concerning the Avenue extension of Brandywine Avenue to Orange Avenue. He questioned staff as to what the response should be. City Manager Cole explained that the City has no proposal for the improvement of Brandywine Avenue in the near future it is not in the six-year Capital Improvement Program. Motion to refer to It was moved by Councilman Scott, seconded by Mayor pro staff for response Tempore Gillow and unanimously carried by those present thai the letter be referred to staff and a response be written t¢ the Community Hospital. Solar energy and wind Mayor pro Tempore Gillow referred to the film viewed by power possibilities the Council last week on solar energy and wind power. He asked if staff contemplated any action or if any projects will be undertaken in this connection. Report to come back City Manager Cole said the Council directed staff to look to Council into the County ordinance which requires solar heating for areas that do not have natural gas. He stated staff is working on information, and Development Services Administra~ Robens then indicated a report will be coming to Council in approximately one to three months. Held Tuesday - 7:00 p.m. - 9 - October 16, 1979 MAYOR'S REPORT Complaints regarding Mayor pro Tempore Gillow said he has received complaints trash on 1-805 concerning the trash along the 1-805 Freeway, at the "L" Street off-ramp. He asked if the staff could respond as to the action taken by CalTrans. Development Services Administrator Robens said CalTrans indicated the trash will be cleaned up and staff will check on this. COUNCIL COMMENTS Approval requested to Councilman Cox requested Council permission to be absent be absent from meeting from the meeting of October 23, 1~79. Motion to approve request It was moved by Mayor pro Terapore Gillow, seconded by Councilman Scott and carried by a vote of 3-0 that the request he approved, with Councilman Cox abstaining. Reference to report by Councilman Cox referred to the report made under Oral Jerry Prior re: recreation Communications hy Jerry Prior as to the breakdown of costs fees for various recreation leagues. Motion to refer report It was moved by Councilman Cox, seconded by Mayor pro Tempo: to staff and Parks and Gillo~ and unanimously carried by those present that this Recreation Commission matter be referred to staff and the Parks and Recreation Commission with the request that they review it and comment on it with a report hack to Council. Motion for report It was moved by Councilman Cox, seconded by Councilman regarding condition of Scott and unanimously carried by those present that the ballfield and the staff respond to the comments Mr. Prior brought up in lighting regard to the playing condition of the ballfields and the lights with a report back to Council. Motion for staff report It was moved by Councilwoman McCandliss, seconded by re: County ballfields Councilman Cox and unanimously carried by those present tha the staff prepare an up-date report on the County ballfield and any work that is progressing or not progressing. Suggestion to view slide Councilwoman McCandliss said the County Welfare Department presentation on social has an interesting slide presentation on the services they services provide in the field of social services. She suggested this would be information for the Council to view at a Council Conference. Motion to schedule slide It was moved by Councilman Scott, seconded by Councilman Co presentation and unanimously carried by those present that the slide presentation be scheduled as suggested. Question on Annual Report Councilwoman McCandliss referred to the Annual Report of Operations and questioned the section under Police Departme indicating number of miles patrolled being down in 1978-79. Shortage of personnel Chief of Police Winters responded that this was due to a experienced in Police shortage of personnel because of an unusual number of Department resignations which was also experienced by other Police Departments throughout the State. (MAYOR'S REPORT CONTINUED) Request for City to purchase Mayor pro Tempore Gillow said a letter has been received trees for Christmas season from the Soroptimist International of Chula Vista suggestin in Civic Center that for the Christmas season pine trees be placed at the Civic Center and decorated by ethnic groups in a manner uni to the different countries represented. It was requested that the City purchase the necessary trees. Held Tuesday - 7:00 p.m. - 10 - October 16, 1~79 MAYOR'S REPORT Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried hy tho~e present that this he held over for one week for more information from the staff. (Mayor Hyde arrived at this time - 8:20 p.m.) RECESS A recess was called at 8:20 p.m. and the meeting reconvened at 8:27 p.m. at which time Mayor Hyde assumed his seat. League of Cities dinner Mayor Hyde reminded the Council of the League of Cities meeting 10/18/79 dinner on Thursday, October 18 and urged all members to at,nd, as well as members of the Boards and Commissions. Report on visit to HUD Mayor Hyde reported on the trip he and Mr. Desrochers made to Washington, D.C. to meet with the Under-secretary of the Department of Housing and Urban Development (HUD), and acknowledged the assistance and cooperation of Congressman VanDeerlin in arranging for the meeting. Possibility of successful Mayor Hyde presented a "realistic" report and said the UDAG grant opportunity still exists for the City to have a successful Urban Development Action Grant; however, letters of real intent will have to be accepted by the lending institution as satisfying their demands and if they will mak~ a commitment, HUD will make a commitment. Mayor Hyde said it will be necessary to continue working with the developer and the financial institution in an attempt to get a commitment satisfactory to HUD. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF VARIANCE opened the public hearing. PCV-80-1 FOR EXEMPTION FROM "WEST TO EAST DEVELOP- Director of Planning Peterson presented background informati MENT POLICY" OF EL RANCHO concerning the applicant's request, noting that Mr. Lewsader DEL kEY SPECIFIC PLAN TO purchased the property in August 1977 apparently not knowing PERMIT DEVELOPMENT OF 2.6 it was subject to a moratorium pending development of the ACRE PARCEL ON THE NORTH Specific Plan for E1 Rancho del key. He explained that SIDE OF EAST "H" STREET, after the moratorium was lifted, the "west to east develop- WEST OF OTAY LAKES ROAD - ment policy" was adopted and on several occasions the Counci CHEZ BONITA denied a request to grant an exception to permit the propert to develop, suggesting that a variance might be filed. Mr. Peterson discussed the applicants justification for the variance - Exhibits A through E attached to the Planning Commission's resolution as their findings - and commented on them from the City staff's viewpoint. He concluded that the findings needed to grant a variance cannot be made and therefore, staff is recommending that the variance be denied Howard Barnhorst, Attorney Mr. Barnhorst responded to comments in the staff report and 438 Camino del Rio South to those made by Mr. Peterson. His statements indicated San Diego (1) it was the applicant's understanding that the Council (Representing Chez Bonita) would approve a variance if the owner would "do something to contribute to the improvement of East "H" Street"; (2) "H" Street was already improved in front of the property and paid for in the purchase of the property; (3) other properties are not in the same position as far as the west to east development policy is concerned; (4) this project will not impact traffic as much as others already approved in the area, e.g. Bonita Haciendas and Gersten project; (5) it was not made clear to the developers that they would meet with staff at their own risk; and (6) the records show it was indicated that once the moratorium was lifted, this property could go forward. Held Tuesday - 7:00 p.m. - ll - October 16, 1979 PUBLIC HEARING (Cont.) Request that variance be Mr. Barnhorst said that findings can and should be made granted and west to east to grant the variance in this caae and suggested that development policy the Council do as the Planning Commiasion did - approve reaffirmed the variance and reaffirm the west to east development policy. Conditions require In answer to questions from the Council, Assistant City a 4/5's vote Attorney Harron said that any conditions attached to the variance would need to be approved by a four-fifths' vote of the Council. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Council discussion Council discussion ensued concerning on-site and off-site improvements on "H" Street and Otay Lakes Raod and a commitment to participate on a fair share basis in the development costs determined as the result of an improvemen' district - a fair share of all properties that benefit with credit granted for improvements already completed. Motion for condition It was moved by Mayor Hyde and seconded by Councilman to variance Gillow that the Council condition the variance as proposed by the Planning Commission by a stipulation that the property owner would not oppose a contribution to a fair share portion of the improvement district for the overall construction of "H" Street which would have a bearing upon this property. Speaking against motion Councilman Scott spoke against granting the variance and in favor of the west to east development policy. He expressed concern in an agreement being reached in time to have any bearing on this property. Council discussion Council discussion followed concerning the principle of properties benefiting from the construction of "H" Street being responsible for their fair share of the costs of improvements; property owner being caught in "catch 22" if major landowner does not develop his property; if it might not be more appropriate to require participation in off-sit, improvements of Otay Lakes Road; decision as to fair share can be made later when the development plan comes before th, Council; and whether the condition is realistic. Suggestion to modify Assistant City Attorney Harron suggested that the motion motion be worded to deny the variance unless the property owner agrees to this condition. Motion reworded and Mayor Hyde said he would reword his motion to move that carried the variance is not approved unless the owner stipulates to the condition as stated in the first presentation of the motion. Councilman Gillow agreed as the second and the motion carried by a vote of 4-1 with Councilman Scott voting "no". Motion for second It was moved by Mayor Hyde and seconded by Councilman condition Gillow that the variance will not be approved unless the property owner stipulates his agreement to participate in his fair share of offsite improvements on Otay Lakes Road to be determined at the time the final map on this project is submitted for approval. Motion carried The motion carried by a vote of 4-1 with Councilman Scott voting "no". Held Tuesday - 7:00 p.m. - 12 - October 16, 1979 PUBLIC HEARING (Cont.) Concern expressed Development Services Administrator Robens expressed his by staff concern regarding the mechanics involved in order to carry out the Council's directions. He said he would like to review this over the next week and bring back a report to indicate whether or not it can he accomplished. Motion to continue It was moved by Councilwoman McCandliss and seconded by item for one week Councilman Gillow that this be continued for one week for a staff recommendation on the conditions placed on the variance. Speaking against motion Councilman Scott spoke against the motion stating he would like to see how the appeal on the variance turns out. Conditions can be In response to a query from Mayor Hyde, Assistant City deleted by Council Attorney Harron said the Council can delete the conditions if necessary at any time in the future if it so desires. Motion to continue fails The motion to continue this item for one week failed by the following vote, to-wit: Ayes: Councilwoman McCandliss, Councilman Gillow NOES: Councilman Cox, Hyde, Scott Absent: None Motion to deny variance It was moved by Councilman Scott and seconded by Mayor Hyde that the Council deny the variance and overturn the Planning Commission. (Mayor Hyde noted this requires a 4/5's vote.) Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Scott, Hyde, McCandliss NOES: Councilmen Gillow, Cox Absent: None Mayor Hyde clarified that the variance is approved subject to the conditions as adopted this evening. In answer to a question from Mr. Barnhorst, Mayor Hyde explained that development can proceed on the property if the owner will agree to participate in contributing his "fair share" toward the development of "H" Street and OtaY Lakes Road. DISCUSSION OF TV MONITORS Development Services Administrator Robens described the proposed temporary installation of the television monitors until permanent arrangements can be made to raise and lower them on the dais. Council discussion ensued concerning the proposal with concerns expressed regarding the arrangements suggested. Motion not to install It was moved by Councilman Cox, seconded by Councilman Scot' monitors at this time and unanimously carried that staff be directed to hold off ~ installing the monitors until they can devise the lowering mechanism. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:25 p.m. to the meetinl scheduled for Tuesday, October 23, 1979 at 7:00 p.m. in the Council Chambers.