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HomeMy WebLinkAboutcc min 1979/10/02 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 2, 1979 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, McCandliss, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Parks and Recreation Hall, Traffic Engineer Hansen, Director of Policy Analysis and Program Evaluation Thomson, Administrative Analyst Swartfager 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 Cox, seconded by Councilman Scott and unanimously carried that the minutes for the meetings of September 13 and 18, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE City Clerk Jennie Fulasz administered the Oath of Office to Betty Wright Betty Wright who was recently appointed to the Human Human Relations Relations Commission. Commission S. ORAL COMMUNICATIONS Niek Slijk Mr. Slijk referred to a staff report on the widening of Chula Vista Chamber Third Avenue which included the installation of a raised of Commerce median between "H" and "I" Streets and requested that this be reconsidered by the Council. He said the Chamber has been opposed to all raised islands in the City as being unsafe traffic controls and suggested that painted islands be installed and if these are not effective, then consideration be given to raised islands as a last resort. County opposed to Councilman Cox said he had discussed this matter with Mr. raised median McGinty, Manager of the First Federal Savings and Loan, who had received notification of the item in question after the meeting, and also the County of San Diego was not informed concerning the center island and they are opposed to it. Motion to reconsider It was moved by Councilman Cox and seconded by Councilwoman raised medians on McCandliss that the Council reconsider the center island Third Avenue placement on Third Avenue as it relates to the intersections at "H" and "I" Streets and that this be scheduled for a Council Conference in the near future. Raised medians referred City Engineer Lippitt clarified that the action taken by to the Safety Commission the Council at the last meeting was to refer this matter at last meeting to the Safety Commission for recommendation and it will be coming back to the Council. Held Tuesday - 7:00 p.m. - 2 - October 2, 1979 ORAL CON~qUNICATIONS (Cont.) Property owners and Councilman Cox suggested when this is reconsidered County of San Diego that all the property owners in the immediate section of to be notified Third Avenue be informed as well as the County of San Diego. Motion carried The motion to reconsider the raised medians on Third Avenue between "H" and "I" Streets carried unanimously. James Matherly Mr. Matherly read a presentation that he had given before 402 Oaklawn the Metropolitan Transit Development Board in opposition Chula Vista to the San Diego-Tijuana train and excessive government spending. 4. WRITTEN COM~JNICATIONS a. CONSIDERATION 0F LETTER Cadillac Fairview Homes West (CFHW) requested the City to FROM CADILLAC FAIRVIEW postpone action on the EIR and General Plan amendment which HOMES WEST REQUESTING A would establish a phased growth sequence for development in DELAY IN PROCESSING OF the Chula Vista planning area. GROWTH MANAGEMENT POLICY EIR and General Plan Mayor Hyde said he has been advised by the City Attorney amendments must be and the City Manager that in processing amendments to the cleared through State General Plan involving an EIR, it is required that the amendments and the EIR be forwarded to a State "clearing house" for a period of not more than 45 days. Motion to file letter It was moved by Mayor Hyde and seconded by Councilman and grant additional 60-day Gillow that the letter from Cadillac Fairview Homes West period in procedure for be filed and that an additional 60 day period be granted implementation of amendments in the procedure for the implementation of the amendment to the General Plan to allow for forwarding of the proposed amendments and the Environmental Impact Report to the State clearing house. Ed Selich In response to a query from Councilman Cox, Mr. Selich Cadillac Fairview Homes said they were aware of the staff's position and the West intended action of the Council tonight and feel this will give them time desired to get input into the EIR. b. CLAIM AGAINST THE On May 4, 1979 Celia Rosas of 325 54th Street, San Diego, CITY - CELIA A. ROSAS, filed a claim against the City in the amount of $100,000 SAN DIEGO for alleged damages resulting from injuries sustained in tripping and falling on a damaged sidewalk in front of 117 Lotus Drive. The City's insurance adjuster determined that the injury took place outside the City and recommended that the claim be denied. Motion to deny claim It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied. c. REQUEST TO MAKE A Alternative Energy Incorporated of Rancho Santa Fe asked PP, ESENTATION TO THE for an opportunity to make a presentation to the Council in COUNCIL REGARDING URBAN the near future concerning the possibility of preparing a D£VELOPMENT ACTION proposal for an Urban Development Action Grant (UDAG) to GRANTS - ALTERNATIVE assess the geothermal resources near the City of Chula Vist ENERGY, INC. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilwoman McCandliss and unanimously carried that this matter be referred to the staff for comment and recommendation. Held Tuesday - 7:00 p.m. - 3 - October 2, 1979 WRITTEN CO5~qUNICATIONS (Cont.) d. REQUEST THAT A TWO-YEAR CEP Associated of San Diego, representing L & L Development EXTENSION BE GRANTED TO Company, requested that the provisions of Resolution No. ALLOW UNCONTROLLED FILL 885S be extended for two years to allow an uncontrolled TO REMAIN ON A 2 ACRE fill on a 2+ acre parcel north of "H" Street to remain PARCEL NORTH OF "~' pending completion of construction plans by the developer. STREET - CEP Associated Motion to approve request - It was moved by Mayor Hyde, seconded by Councilman Scott Resolution to be prepared and unanimously carried that the request be approved and request that a resolution authorizing same be brought back. PUBLIC HEARING AND RELATED ORDINANCE 5. PUBLIC HEARING ~ This being the time and place as advertised, Mayor Hyde CONSIDERATION OF THE opened the puhlic hearing. CONFLICT OF INTEREST CODE FOR THE CITY OF CHULA On August 22, 1979 the City Manager, City Attorney and VISTA City Clerk conducted a public bearing on the proposed Conflict of Interest Code. After considering all testimonies and written statements submitted, several modifications were made to the proposed ordinance and it was scheduled for a public hearing before the City Council at tonight's meeting. Concerns of City City Attorney Lindberg explained that as the result of Attorney Proposition 9, the State law requires that cities adopt a Conflict of Interest Code and that this ordinance was prepared using the model suggested by the California League of Cities. He expressed his concern regarding the fact that the ordinance is very restrictive and stated, in his opinion, it does constitute a careful and unwarranted invasion of the privacy of individuals affected. Request that no action Mr. Lindherg suggested a continuation of the hearing and be taken tonight he will bring back further information available as to what is being done in other cities. Wayne W. Smith Mr. Smith said he finds the proposed ordinance objectionahD 47 San Miguel Drive in a number of ways; e.g., it requires that certain income Chula Vista and investments be reported, hut not deposits in savings (Planning Commission) and loans or hanks; real estate in the city or within two miles of the city must be reported, or any ownership of a business in the city, but not outside investments - which discourages people from investing in their own city. Objection to Mr. Smith also offered objections to the penalties, stating severe penalties they were "drastic" and not equitable and noting that even if errors are made, there is a possibility of judgments being made against a defendant in the case of civil suits for alleged violations, including attorney's fees. Motion to continue It was moved by Mayor Hyde, seconded by Councilman Scott public hearing and and unanimously carried that this matter be continued for ordinance for two a period of two weeks, at which time the Council will hear weeks a further report on this from the City Attorney and make a decision. Sa. ORDINANCE - (Continued for two weeks.) AbtENDING THE N~JNICIPAL CODE BY ADDING A NEW CHAPTER ENTITLED "CONFLICT OF INTEREST CODE OF THE CITY OF CMULA VISTA" - FIRST READING Held Tuesday - 7:00 p.m. - 4 - October 2, 1979 CONSENT CALENDAR It was moved by Councilman Gillow, seconded by Councilman (Items 7 through 9) Cox and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 9782 In accordance with the provisions of the City Code, this ESTABLISHING DATES FOR Resolution establishes the date of January 7, 1980 as the PROPERTY OWNERS TO RECEIVE date property owners in the Underground Utility District UNDERGROUND SERVICE WITHIN on Fourth Avenue are to be ready to receive undergrounding THE UNDERGROUND UTILITY service; and sets the date of March 7, 1980 as the date DISTRICT ON FOURTH AVENUE for poles, overhead wires and associated structures to he FOR "E" TO "F" STREET AND removed within the District. ON "F" STREET 736' WESTERLY OF FOURTH AVENUE/"F" STREET INTERSECTION 7. RESOLUTION NO. 9783 This drainage easement is required in order that the City ACCEPTING GRANT OF may install drainage improvements in connection with the EASEMENT FROM BULMARO construction of the Central Drainage Basin-Park Way & "G" ZENDEJAS FOR DRAINAGE Street project. On September 8, 1979, Mr. Bulmaro Zendejas PURPOSES AT 536 PARKWAY granted the necessary easement for drainage purposes along his property. 8. RESOLUTION NO. 9784 T.B. Penick and Sons, Inc. have con~pleted the construction ACCEPTING PUBLIC IM- of concrete paving, steps and headers in Feaster Park in PROVEMENTS - FEASTER PARK accordance with Resolution No. 9670 and to the satisfaction of the City Engineer. 9. RESOLUTION NO. 9785 One of the cor~itions for the approval of Tentative Parcel ACCEPTING GRANT OF Map No. 79-10 was for the owners to grant easements for EASEMENT FOR STREET TREE street tree purposes over a 10 foot strip of land along PURPOSES FROM MIGUEL A. Fourth Avenue and a 7.5 foot strip along "J" Street. On AND FRANCES S. RAMIREZ September 14, 1979, Miguel and Frances Ramirez granted the necessary easements to the City. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 10. RESOLUTION NO. 9786 This resolution amends Resolutions No. 9637 and 9639 AMENDING RESOLUTIONS 9637 (which established the compensation plan and fringe benefit AND 9639 ADDING CLASSI- for the Middle Management employees for 1979-80) and FICATION OF ASSISTANT places the position of Assistant Street Maintenance STREET MAINTENANCE Superintendent in the Middle Management group. (This is SUPERINTENDENT TO MIDDLE a new position established by Resolution No. 9722 on MANAGEMENT GROUP August 7, 1979.) Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Scott, Gillow Cox, Hyde Noes: None Absent: None 11. RESOLUTION NO. 9787 Flood water from last winter's rain undermined the ground APPROPRIATING FUNDS FOR beneath the rest room building adjacent to No. 14 green, GOLF COURSE REST ROOM making the building unsafe to use. The estimated cost to RESTORATION demolish and rebuild the building is $25,000 with City forces doing most of the work. As an alternative, staff recommended that a housemoving contractor lift the buildin~ from tho site, City forces add and compact fill material, and then replace the building on the newly compacted site. The estimated cost for a moving contractor is approximately $5,000. Held Tuesday - 7:00 p.m. - 5 - October 2, 1~79 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 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 12. RESOLUTION NO. 9788 The updated agreement for the use of the Animal Shelter APPROVING AGREEMENT WITH facilities was approved by National City on September 11, CITY OF NATIONAL CIq~/ FOR 1979 with basically the same provisions as in past years, USE OF CHULA VISTA ANIMAL except for a change in the method of animal disposal SHELTER SERVICES (nitrogen gas chamber) and an increase in monthly fees. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None 13. RESOLUTION - The project architect is making revisions to the plans and APPROVING SECOND AMENDMENT specifications for the Park Way Community Center for TO AGREEMENT WITH PROJECT rebidding as two projects: the gymnasium renovation and ARCHITECT FOR PARK WAY the community center construction with an estimated cost CO~qUNITY CENTER for rewriting the specifications at $450. Staff recommended the agreement with Mr. Williamson be amended to cover this additional cost. Concern regarding delay Councilman Scott expressed his concern regarding the delay and increased cost and said the cost may increase and the City will be paying the same amount for a smaller project, and if the original project was deemed the best, the Council should move forward with it. Motion to bring back It was moved by Councilman Scott and seconded by Mayor Hyde original project that the staff bring back the original project at the next Council meeting and it can be voted on and the City can go out to bid on that. Change in HUD rules Director of Parks and Recreation Hall reported that it would be better to split the HUD portion away from the project since HUD has changed its rulings dealing with reporting methods which will add appreciably to the cost. Addition to motion to Councilman Scott added to his motion that the staff, if split contract if needed - they feel it is appropriate to split the contracts, be motion carried authorized to do so. Mayor Hyde agreed to the second and the motion carried unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 14. REPORT ON SUGGESTED A detailed report and backup materials were submitted to the WITHDRAWAL OF CITY Council concerning the request of Dr. Watry and Mr. Coleman SUPPORT OF SWEETWATER for the City to withdraw its support of the Sweetwater FLOOD CONTROL CHANNEL Flood Control Channel Project. Councilwoman McCandliss said PROJECT (Continued from she had questions she would like to research for more 9/18/79) information, and in response to her request, the Council continued this matter to tonight's meeting. Questions answered In answer to a query from Mayor Hyde, Councilwoman McCandlis said her questions have all been answered. Held Tuesday - 7:00 p.m. - 6 - October 2, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) Staff recommendation to Mayor Hyde noted that the staff recommendation was to continue support continue support of the flood control channel/freeway project as now stipulated in various interagenc¥ agreements. Council discussion Council discussion with staff ensued concerning CalTrans working on a new alignment for Route 54; no interchange planned in marshland area; no indication that flood control channel will be dropped; it is staff's understanding funds are available; and the project is too far "down stream" to reverse support position. Motion to accept It was moved by Councilman Scott and seconded by Councilman staff recommendation Cox that the staff recommendation be accepted. Speaking against motion Councilman Gillow spoke against the motion suggesting that the Council notify other agencies of its concerns and the desire to possibly withdraw from the project. Council discussion Council discussion ensued concerning various cost factors; effects of inflation on delays; the need for Route 54; and the costs to the City in withdrawing support at this time. Substitute motion to Mayor Hyde spoke against the motion as being a further contact other agencies delay. He noted the letter from Supervisor Hamilton encouraging the City to adhere to support of the project as currently planned. The substitute motion failed by the following vote, to-wit: Ayes: Councilmen Scott, Gillow NOES: Councilmen Cox, Hyde, McCandliss Absent: None Main motion carried The main motion to continue support of the flood control channel carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Hyde, McCandliss Noes: Councilman Gillow Absent: None Motion to contact It was moved by Councilwoman McCandliss, seconded by legislators regarding Councilman Cox and unanimously carried that the Council funds press forward with getting the support of the City's legislators on this and that the City continue with its commitments as previously made but that no further commitments be made until the Council hears from the legislators as to the efforts they will undertake on behalf of the City. Clarification of motion Councilwoman McCandliss clarified that the intent of her motion is to contact the legislators for assistance in securing funds for the project. iS. REPORTS OF THE CITY MANAGER a. REPORT ON BOARDS AND In March 1978 the Environmental Control Commission requested CO~qlSSIONS ATTENDANCE Council direction as to the definition of "excused" and POLICY "unexcused" absences from meetings and as to the feasibility of the Commission requiring a 50% mandatory attendance at workshop and business meetings. Held Tuesday - 7:00 p.m. - 7 - 0ctoher 2, 197~ 15. REPORTS OF THE CITY MANAGER (Cont.) In a written report the City Manager stated it would be appropriate for the Council to consider a policy requiring any member to attend at least 50% of all meetings during a fiscal or calendar year or the seat would be vacated. He recommended that the Boards and Commissions be required to at least adhere to this basic policy, but be free to establish their own rules and regulations on the conduct of business in other areas and to continue to determine what constitutes an "excused" or "unexcused" absence. Council discussion Council and staff discussed the various aspects of at- tendance requirements, whether the Council should set minimum or uniform standards, and the ordinance provisions for the Boards and Commissions to "adopt reasonable rules and regulations consistent with the law." Motion to continue It was moved by Mayor Hyde and seconded by Councilman present policy Scott that the present policy be continued of allowing Boards and Commissions to set their own policies and standards for attendance at their meetings. Suggestion for rules Councilman Scott suggested that at the beginning of the to be submitted to fiscal year, when the Chairmen are selected, the Council annually rules be devised at that time and the Council require the rules to he submitted to the Council on an annual basis; if there is no change, the same rules can be suhmitted. Addition to motion Mayor Hyde said he would include Councilman Scott's suggestion as part of his motion. Councilman Scott agreed as the second. Rule changes each Councilwoman McCandliss commented that most of the year questioned commissioners are appointed to four year terms and she questioned anticipating changes in the rules every year. Motion carried The motion to continue present policy with the requirement for rules to be submitted annually carried by a vote of 4-1 with Councilwoman McCandliss voting "no". Letter to Boards Mmyor Hyde asked that the City Manager have a note prepared and Commissions to the Chairmen of the Boards and Commissions advising them of the Council's action on this matter. (ITEM lSb WAS DELETED FROM THE AGENDA) c. REPORT ON USE OF SOUTH On August 28, 1979 the Council referred this matter to the PERIPHERAL ROAD OF THE Parks and Recreation Commission and staff for a report and GOLF COURSE AS AN recommendation. In a written statement, the City Manager EQUESTRIAN AND JOGGING outlined ths history of the problem and discussed the City' TRAIL liability, enforcement problem of a complete ban on non-gol from the Golf Course, and the alternate jogging trail. He noted the Parks and Recreation Commission recommended jogge~ and the equestrians be restricted from all areas of the Golf Course, except the south road where they would be allowed temporarily - until a study concerning safety can be completed. Staff concurred with this recommendation in order to develop alternative solutions whereby joggers can be accommodated without undue interference with the golfer. Held Tuesday - 7:00 p.m. - 8 - October 2, 1979 15. REPORTS OF THE CITY MANAGER (Cont.) Golf Course basically For the benefit of the audience, Mayor Hyde noted that maintained and supported the Golf Course (under the terms ¥oted on b7 the citizens by golf fees in acquiring the course) is maintained and aupported by the fees paid by golfers and not by taypayers. He said the City has provided assistance on occasion, but basically, the Golf Course is self-supporting. No discussion by Council Councilman Scott also noted that at no time did the to eliminate equestrian Council discussion include elimination of the equestrian trail trail. Robert Thompson Mr. Thompson said he was representing about 800 members of 3669 Belle Bonnie Brae the Club and stated they were in favor of the action taken Bonita by the Council, but they are still concerned about the (Chula Vista Men's Golf safety of joggers and equestrians as they do not want to Club) see anyone hurt - and there is a concern regarding liability He asked the Council to reconsider permitting joggers on the south side of the Course. James E. Miller Mr. Miller said the Trails Council's main concern is 746 Norton Road safety and they would like to meet with City staff and Bonita golf representatives to see what can be worked out in the (San Diego County Trails way of safety measures, such as the use of signs, barricades Council) nylon netting, etc. He also suggested that an equestrian and jogging trail be constructed along the south perimeter of Sweetwater Road from Central Avenue to Willow Street. He said they feel this can be done at minimum cost with volunteer help and donations from interested parties and offered his personal help in this regard. Mary Augustine Ms. Augustine said she had received a packet from the State 3608 Valley Vista Road Parks and Recreation Department containing their recreation Bonita outlook and plan for San Diego County - a plan published (San Diego County Trails in June 1979. She read a portion of the plan indicating Council) the increased need and demand for hiking and horseback riding by 1980. According to the plan, the State Department of Recreation indicated an interest in assisting local agencies develop recreation trails near urban centers. Roy Hammond ,Mr. Hammond spoke in opposition to having a study made. 4S9 Camino Elevado He stated he feels both joggers and golfers can be Bonita accommodated with proper planning and education. He commented on the dangers of jogging on the streets and highways and offered two alternatives to the golf course problem: (1) to organize the jogging groups and educate them on being courteous to golfers; and (2) have the Council authorize the use of the Golf Course for jogging before 8:00 a.m. and after S:00 p.m. Bob Strahl Mr. Strab! spoke against permitting joggers on the south 87 Vista Way road because of the liability to the golfers. He urged Chula Vista the Council to ban "all trespassers" on the Golf Course. Diane Burye Ms. Burye said she works for the Youth Authority and 3017 Sylvia expressed her concern that fences and barricades will not Bonita solve the problem as "rule breakers" are very creative. She indicated that if the joggers and equestrians are restricted from using the golf course, they will be forced to use unsafe areas for their recreation. Compromise needed Mayor Hyde said the problem might be summarized by a for problem comment addressed to the Council in a letter from Marry Prisbylla: "A compromise must be reached in order to reconcile both joggers, and golfers' interests." Held Tuesday - 7:00 p.m. - 9 - October 2, 1979 15. REPORTS OF THE CITY M~AGER ~Cont.) Motion to concur with It was moved by MaFor Hyde and seconded by Councilman Cox Parks and Recreation that the Council concur with the Parks and Recreation Commission's recommendation Commission's recommendation; and further, that the Council refer to staff the letter addressed to Mr. Peterson (planning Director) from the San Diego County Trails Council, alluded to by Mr. Miller, with regard to their offer to try to assist the Cit7 in coming up with a solution to satisfy golfers, joggers and equestrians. Concern regarding motion Councilman Scott said he felt Mr. Miller was alluding to the suggestion of a northern equestrian trail and he would like to see a more creative solution. He expressed his concern that the motion lends support to the equestrian trail and not to the total problem at hand. Mayor Hyde said he would delete that portion of the motion and restate his motion. Motion restated It was moved by Mayor Hyde and seconded by Councilman Cox that the Council support the recommendation of the Parks and Recreation Commission, which in addition to recommending that equestrian and jogging use on the south side of the Course be permitted, recommends that studies continue to find a solution which would satisfy the safety problems and other problems recited tonight. Council discussion Council discussion ensued concerning (1) need for creative solutions and ideas to keep recreation open to all parties; (2) suggestion for ad hoc committee to make recommendations on what can be done, including costs and methods of funding; (3) using volunteer he]p; (4) enforcement problems in allowing joggers before 7:00 a.m. and after 5:00 p.m.; (5) present jogging course is not adequate; (6) and the suggestion for foot bridges to connect Willow Street to Sweetwater Road for joggers to use Rohr Park. Motion carried The motion as restated carried unanimously. Motion to form ad hoc It was moved by Councilman Scott and seconded by Councilwom~ committee with report McCandliss that an ad hoc committee be formed whose charge in 6 months would be to come up with solutions for the combination use of the Golf Course by equestrians, joggers, runners, walkers and golfers; and that they be given a charge of coming up with whatever creative ideas they can and bring them to the Council within six months. Spehking against motion Mayor Hyde spoke against the motion, stating he feels this charge more appropriately should be made to the Parks and Recreation Commission. Suggestion to route Councilman Scott suggested that the report from the ad hoc report through Parks committee be channeled through the Parks and Recreation and Recreation Commission Commission when it comes to the Council. Motion carried The motion for an ad hoc committee carried by a vote of 4-1 with Mayor Hyde voting "no,. Citizens invited to express In response to a suggestion by Councilman Cox, Mayor Hyde their interest in serving invited interested citizens to leave their name and address on ad hoc committee with the City Clerk if they are interested in serving on this ad hoc committee. Held Tuesday - 7:00 p.m. - 10 - October 2, 1979 RECESS A recess was called at 8:40 p.m. and the meeting reconvened at 8:47 p.m. 1S. REPORTS OF THE CITY MANAGER (Cont.) Lights to be installed City Manager Cole reported that CalTrans has received on bridge over 1-80S bids on June 28, 1979 and expect the lights for the bridge at Orange Avenue over 1-805 at Orange Avenue to be installed sometime in November, 1979. Film available on Mr. Cole said notice has been received from the Office of Solar energy Emergency Services of the State that there is a film available called "Solar Energy - The Great Adventure." Arrangements have been made to show it during the week of October 8 on Tuesday and Thursday noon in the Library Auditorium. He asked if the Council might like to see it prior to a Council meeting, and if so, it can be set up. It is a 33 minute film. Motion to start meeting It was moved by Mayor Hyde, seconded by Councilman Scott on October 9 at 6:30 p.m. and unanimously carried that the Council meeting on with film showing Tuesday, October 9, 1979 start at 6:30 p.m. with the showing of the film on "Solar Energy." REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT ON REGULATION OF Ordinance No. 1841 (11/14/78) and Ordinance No. 1873 STOCK COOPERATIVES (7/24/79) regulate the creation of residential condominium projects, supplementing the subdivision regulations of the City. In a written statement, the Director of Planning analyzed "Stock Cooperatives and Cooperative Apartments" and suggested their classification and regulatio as condominium projects. He recommended that proposed amendments to Chapters 15.56 and 18.08 of the City Code be referred to the City Planning Commission to include these designations as condominium projects. Motion to accept report It was moved by Councilman Scott and seconded by Councilman Cox that the report be accepted and referred to the planning CommSsslon. City Code to be amended - City Attorney Lindberg reported that the stock cooperatives suggestion for moratorium are now incorporated within the State Subdivision Map on conversions of stock Act with the Bill signed by the Governor. He said the cooperatives City Code will have to be amended as well as the General Plan and recommended that the Council declare a moratorium if any requests are received for conversions until the Code is amended. Motion modified and Councilman Scott modified his motion to include a moratoriux carried on any stock cooperatives until such time as this comes before the City Council. Councilman Cox agreed as the second and the motion carried unanimously. 17. REPORT ON RECO~qENDED Staff reviewed the proposed Bonita Long Canyon Development CONDITIONS OF APPROVAL based on the plan prepared by CEP Associated, dated October OF BONITA LONG CANYON 1978, and recommended approval of the development subject DEVELOPMENT to a number of conditions as outlined in their report to the Council. Motion to accept report It was moved by Councilman Cox and seconded by Mayor Hyde that the report be accepted and staff directed to proceed. Held Tuesday - 7:00 p.m. - 11 - October 2, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Dick Brown Mr. Brown said he was representing the Otay Land Company, 9621 Alto Drive owners of Long Canyon, and stated they feel the requirements La Mesa are stringent but they do not disagree. He asked that they be permitted to work with staff on vague items to develop the necessary details, i.e. what is "fair share." He also said in some areas they will offer more than is required, such as the park recommended at 6.3 acres will be 10 acres. Addition to motion Councilman Cox added to his motion that in addition to working with the County staff, that the City staff include representatives of the Otay Land Company concerning this. Mayor Hyde agreed as the second. Development of east In answer to a query from Councilman Scott, Director of side of Otay Lakes Planning Peterson said that development of this property Road in latter phase on the east side of Otay Lakes Road would have occurred of orginal development in the latter phase of the original E1 Rancho del Rey plan plan as agreed to by the Gersten Company. Concern regarding Councilman Scott expressed his concern that the Council premature development is now being placed in a position to permit premature development of ~his area since the Board of Supervisors has indicated development will be permitted in the County if the City's requirements are unreasonable. Suggestion for addition Councilman Scott suggested as an addition to the motion thal to motion because of the agreement the City had with the developer, because of the County's position of the sphere of influence: even though this is develope under these conditions (as suggested by staff), the Council still feels this developme~ is premature and not in with the agreement between the City of Chula Vista and the developer; and that the City would like the Council to reconsider their position because of that. Suggestion included Mayor Hyde said he would include this suggestion in his in motion second to the motion. Councilman Cox agreed. Dick Brown Mr. Brown said they would appreciate an opportunity to Otay Land Company discuss whether this is premature development through the appropriate public hearing process rather than have a decision made at this time. He commented that the County staff position was that the development should occur in the City, and the developer would like to work with the Cit2 Motion carried The main motion with the two additions carried unanimously. 18. STATUS REPORT ON THE By Resolution 9S32 (3/20/79) the Council established precis~ OTAY INDUSTRIAL PARK plan guidelines for the Otay Industrial Park located at Otay Valley Road and Nirvana Avenue in the I-P zone. When the guidelines were adopted, staff was directed to submit a status report on the effectiveness of the new procedure il six months and after one year. Director of Planning Peters~ submitted a written statement representing the 6-month status report of the operations at this site. Motion to accept report It was moved by Councilman Cox and seconded by Mayor Hyde that the report be accepted. Staff checking on In response to a question from Councilwoman McCandliss, CitI Code violations Manager Cole said staff is looking into the Code violations for corrective action as noted in the report, and also checking on enforcement of parking of vehicles, etc. Held Tuesday - 7:00 p.m. - 12 - October 2, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.] Motion carried The motion to accept the report carried unanimously. 19. REPORT ON REQUEST TO A petition received by the Council on July 24, 1979 was CORRECT THE DANGEROUS referred to staff for investigation and recommendation AND HAZARDOUS TRAFFIC concerning traffic conditions on Nacion Avenue. PROBLEM ON NACION AVENUE BETWEEN EAST "L" STREET AND EAST NAPLES STREET The City Engineer submitted a written report discussing in detail existing conditions and offering several solutions proposed by the petitioners and staff. He stated that reflectors were installed along the centerline and additional signs and reflectors were installed near the curves on Nacion Avenue to improve traffic safety on an interim basis and recommeBded that the Traffic Engineer be directed to work with the Safety Commission and the CIP Committee to develop a long term solution. Motion to accept It was moved by Mayor Hyde and seconded by Councilman Cox staff recommendation that the staff recommendation be accepted. John O'Neill Mr. O'Neill said he disagreed with the staff report as it 399 Montclair Street came to the conclusion that the problem was the volume of Chula Vista traffic, but actually the basic problem is speed. He also stated that some of the reflectors have already disappeared and the signs do not reflect the headlights of the cars. He urged that the speed problem be considered. Manford Schedel Mr. Schedel said in discussion with residents of Nacion 988 Nacion Avenue Avenue that there is total agreement that the problem is Chula Vista one of speed and they feel widening the street will increase speed. He stated the majority of people favor making Nacion a deadend street and recommended that this be tried on a trial basis. Jack Skapin Mr. Skapin described several accidents and near accidents 942 Nacion Avenue due to the traffic problem. He also indicated that one Chula Vista of the signs is not visible due to a tree. He recommended that the sign be placed about 75 yards south of where it is now - about 5 yards beyond the Anita and Nacion Court sign where it would be more visible. John Dow Mr. Dow discussed two fatal accidents occurring at his 985 Nacion Avenue residence. He described the additional traffic caused Chula Vista by the construction of 1-805 and that traffic from the Freeway uses Nacion Avenue as a route to get to Southwestern College as there is no stop light on the offramp at "L" Street and traffic backs up for more than one mile. He asked that additional police patrol be provided for this area. Mayor Hyde stated that if a solution to the problem is developed, tho Council would consider it prior to the budget session5 on the CIP program. Motion carried The motion to accept the staff recommendation carried unanimously. Held Tuesday - 7:00 p.m. - 15 - October 2, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Motion for staff to It was moved by Mayor Hyde and seconded by Councilman check signs and report Scott that the staff look into the location of the signs back in one week in view of the comments brought forth tonight with regard to the optimum position of them and see whether or not they are appropriately positioned - and to give the Council a report next week. Traffic lights to In answer to a question from Councilman Scott as to some be installed at Freeway way to expedite the installation of traffic lights at the offramp in about 6 months offramp of 1-805 and "L" Street, City Engineer Lippitt said the State is advertising for that signal project and bids should be opened on November 1, with the project completed in 6 or 8 months. Motion carried The motion to check into the location of the signs carried unanimously. Suggestion for interim Councilman Gillow suggested some interim traffic control traffic control be considered at 1-805 and Telegraph Canyon Road during rush hour5 until the signal is installed. Motion for staff to It was moved by Councilman Gillow and seconded by Councilman consider using reserve Scott that the staff be requested to look at using reserve c or volunteer help for volunteer help to control traffic in the 1-805 and Telegrapk traffic control Canyon Road area until CalTrans installs the lights. Speaking against motion Mayor Hyde spoke against the motion, stating that as a practical matter, the City does not have the resources to respond in this way. Suggestion to seek Councilman Cox suggested that the motion include direction assistance from CalTrans to the staff to contact CalTrans and see if they would be willing to participate in the cost or help with an interim solution until the signal is put in. Addition to motion - Councilman Gillow agreed to add this direction to his motion carried motion. Councilman Scott agreed as the second and the motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Cox Noes: Mayor Hyde, Councilwoman McCandliss Absent: None Motion for staff to It was moved by Councilman Gillow, seconded by Councilwoman check possibility of McCandliss and unanimously carried that the staff look into traffic patrol on Nacion the situation on Nacion and see if it is possible to provide extra traffic patrol on that particular street whil( the study is going on. 20. REPORT ON PONY LEAGUE Mr. Wayne Martin asked the City to consider paying the REQUEST FOR EXE~TION electrical cost for lighting the playing fields used by FROM FEES the North and South Pony Leagues and that payments already made be refunded. A clarification of procedures was also requested concerning field preparation for games and the construction of rest room facilities at Menzel Field. In a detailed statement staff reported that in view of the uniform procedure used to collect fees from all participant: a blanket waiver might lead eventually to requests for waiver of fees for all organizations; therefore, staff recommended that the request to waive fees be denied. Motion to deny request It was moved by Councilwoman McCandliss, seconded by Councilman Gillow and unanimously carried that the report be accepted and the request denied as recommended. Held Tuesday - 7:00 p.m. - 14 - October 2, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.] Letter to be prepared Mayor Hyde asked that the staff draft a letter to Mr. Martin explaining the Council's action. 21. REPORT ON JAYCEES' The Jaycees have received permission from the port Authorit~ FIESTA DE LA LUNA to use a site on the Bayfront, east of Tidelands Avenue CARNIVAL AND PARADE and w~st of the Rohr Corporation, for the Fiesta de la REQUEST Luna activities. Staff recommended that approval be grante~ to stage the carnival at this site, subject to staff conditions normally applied to these events. Motion to accept report It was moved by Councilman Cox, seconded by Councilman Gillow and unanimously carried that the report be accepted. REPORTS AND RECO~4ENDATIONS OF BOARDS, COMMISSIONS AND COMMITTEES 22. RECOMMENDATION FOR The Mayor's Ad-Hoc Crime Prevention Committee recommended ti FUNDING OF A CRIME initiation of a program to expand the "Neighborhood PREVENTION BROCHURE Watch" and other crime prevention programs. The first step will be the distribution of a brochure on crime prevention to all Chula Vista citizens. The estimated cost of preparation, printing and distribution is $1,600. "Crime Prevention Week" In answer to a question from Councilwoman McCandliss as to proposed follow-up measures, Councilman Gillow explained that a request is being made for the Council to declare the week of November 10 to 16 as "Crime Prevention Week" in an efforl to get more volunteers involved in the Neighborhood Watch Program and that this be done on an annual basis. Suggestions to get Councilman Scott suggested that it might be more successful more community involvement to get community support and that the matter be presented to various service clubs and organizations and have the program come from the citizens. Motion to support program It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that this be supported, and that in the future, get support from the various community groups, including financial assistance. MAYOR'S REPORT Report on negotiations Mayor Hyde gave an update report on the negotiations betwee: with Bonita-Sunnyside the City and representatives of the Bonita-Sunnyside Fire Fire Protection District Protection District. He said the Board of the District has indicated approval of the following proposal offered for Council consideration with regard to an agreement between the City and Bonita-$unnyside Fire Protection District: (1) The City of Chula Vista would agree to provide for dispatching for Bonita-Sunnyside Fire Protection District at no charge to the District; the District will pay all telephone expenses incurred in modifying the system to provide for direct dispatching and on going costs of the lease line. (2) The City will assign one fully equipped mini-pumper and one firefighter who is a qualified driver to the District's Station No. 1 [the vehicle and man to be assigne there permanently). (3) First-in response unit covering the City area will be the Chula Vista Fire Department unit with manpower composed of a Chula Vista employee and a Bonita-Sunnyside employee. The unit and manpower will be available to both the City and the District for response in each respective area. Held Tuesday - 7:00 p.m. - 15 - October 2, 1979 MAYOR'S REPORT (Cont.) Mayor Hyde said if this proposal is adopted, by a joint powers agreement, it will dispense with the contract area and there will be no exchange of money involved. Motion for joint powers It was moved by Mayor Hyde and seconded by Councilman Cox agreement to be prepared that the Council authorize the City Manager to prepare a joint powers agreement for consideration by the City and the Fire Protection District as recommended in this report. City Manager Cole said he has a copy of the Fire Chief's detailed account of the proposed agreement which will be provided to the Councilmembers. Motion carried The motion to prepare a joint powers agreement carried unanimously. Councilman Scott Mayor Hyde said he would like to publicly commend Councilman commended Scott for his efforts in connection with the proposed joint powers agreement as a far better solution than the previous arrangement at less cost. Charles Brennan Mayor Hyde said he has appointed Mr. Charles Brennan to one appointed to HRC of the vacancies on the Human Relations Commission and asked for Council ratification. Appointment ratified It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the appointment be ratified. Civic Award Banquet Mayor Hyde announced that the Civic Award Banquet will be on October 12 - held on October 12 and that the League of Cities meeting League meeting on is scheduled in Coronado on October 18. He urged all October 18 members of the Council to attend. Closing of swimming pool Mayor Hyde referred to a staff report regarding closing for cleaning of the swimming pool (Loma Verde) for cleaning and maintenan the first week after school opens. He questioned having the pool closed at this time during the extremely warm weather and asked if an alternate time could be used - such as the Christmas holidays. Motion to consider It was moved by Mayor Hyde, seconded by Councilman Gillow alternate period and unanimously carried that staff consider changing the tim for closing pool for closing down the swimming pool for servicing to some other than in the month of September, if it is possible to do that. COUNCIL CON~BNTS Councilman Gillow said that since the crime prevention brochure was approved, it would be appropriate to have the "Crime Prevention Week" November 10 to 16, 1979, and in this connection, set up the five activities as outlined in the memorandum from the Committee dated September 28, 1979. Motion declaring Nov. 10-16 It was moved by Councilman Gillow, seconded by Councilman "Crime Prevention Week" Scott and unanimously carried that the week of November 10 to 16 be declared as "Crime Prevention Week" in the City of Chula Vista and thatanappropriate resolution be brought back. Discussion of volunteer The Council briefly discussed the memorandum from Councilman aids for Council Gillow addressed to the Council, dated September 27, 1979. It was the concurrence of the Council that each Councilman bas the prerogative to have volunteer aids if he/she:so desires. Held Tuesday - 7:00 p.m. - 16 - October 2, 1979 COUNCIL CON~MENTS (Cont.) Letter regarding Councilman Cox referred to a letter received from Supervisor uniform zoning ordinance Hamilton concerning the Benefit of a County-wide uniform zoning ordinance. Motion to refer letter It was moved by Councilman Cox, seconded by Councilman to Director of Planning Scott and unanimously carried that this letter be referred to the City Planning Director with a report back to Council as to whether it would be a good action to follow. Status requested of Councilwoman McCandliss referred to a report in the newspape: rat problem on concerning rats on Second Avenue. She asked if the staff Second Ave has heard from the County regarding a possible contractual service with the Health Department. Staff working on problem Assistant City Manager Asmus said the staff is working on the matter of rodent control, and is waiting for response from the County on permanent arrangements with the contract. Motion to contact It was moved by Councilwoman McCandliss and seconded by County regarding Councilman Cox that the Council write a letter to the park maintenance County park Maintenance g}vision and ask them to mow the grass on the new County Park (next to Rohr Park). Staff to handle problem Director of Parks and Recreation Hall said he has talked with County to the Director of the County Parks and Recreation who has indicated a willingness to cooperate with the City on the parks. Mr. Hall said he will ask the County to set their mowers down and he feels confident they will do so. Motion withdrawn Councilwoman McCandliss withdrew her motion and Councilman Cox withdrew his second. Motion for Executive Session It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that an Executive Session be held for personnel matters, and that the City Manager attend. EXECUTIVE SESSION The Council recessed to Executive Session at 10:05 p.m. The City Clerk was excused and City Manager Cole reported that the meeting reconvened at 10:30 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:30 p.m. to the regul~ meeting on Tuesday, OctoBer 9, 1979 at 7:00 p.m. DEPUTY CITY CLERK