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HomeMy WebLinkAboutcc min 1980/09/30 MINUTES OF A REGUIAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, September 30, 1980 - 7:00 p.m. Council Chambers, 276 Fourth Avenue ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott, Cox, McCandliss Councilmen absent: Councilman Gillow Staff present: City Manager Cole, Assistant City Manager Asmus,Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPI~)¥AL OF MII~TE8 for the meetings of September 18 and 23, 1980 MSUC (McCandliss/Scott) that the minutes be approved, copies having been sent to each Councilman. 2. SPECiaL O~l~g~ OF TME DAY a. OATH OF OFFICE - CURTIS LEE, BOARD OF APPEALS City Clerk Jennie Fulasz administered the Oath of Office to Mr. Lee, recently appointed to the Board of Appeals. 3. a. Mrs. Margaret J. Helton, 162 Mankato, discussed the problem of acoustics at the new Park Way Community Center, stating it is impossible to hear speakers or music. She also expressed her disappointment in the appearance of the facility. MSUC (Cox/Scott) that staff be asked to look into the acoustical problem and report back to the Council. (See "City Manager's Report" for additional comments on this matter,) b. James Matherl~, 402 Oaklawn, asked the Council to request the Metropolitan Transit Development Board to cancel the proposed operation of the Tijuana train, expressing his concerns regarding the national debt and the expenditure of Federal funds for this project. Mayor Hyde explained that to his knowledge, no Federal funds will be expended on the proposed rapid transit program. 3. WRITTEN C~tU~ICATION$ (None) PUBLIC HEAKINGSAND~gLATED~ESOLUTIONS AND O~DINANCES 5. PUBLIC HEARING CONSIDERATION OF REVISION TO THE APPROVED TENTATIVE SUBDIVISION MAP OF CHARTER POINT, CHULA VISTA TRACT 80-20 AND A SPECIFIC PLAN FOR DEVELOPMENT OF THE AREA This being the time and place as advertised, Mayor Hyde opened the public hearing. In May 1980, the Council approved the tentative subdivision map for Charter Point and the Sectional Planning Area plan for the easterly 41 acres of the South College area of the E1 Rancho del Rey Specific Plan, located at the northwest quadrant of Otay Lakes Road and Telegraph Canyon Road in the P-C zone. The developer has acquired 1.5 acres of available surplus college property located at the southeast corner of the Southwestern Community College and is requesting approval of a revision of the tentative map and Sectional Planning Area to include the additional acreage. The Planning Commission recommended approval in accordance with their Resolutions PCM-81-2 and PCS-80-20 (Revised). City Council Minutes -2- September 30, 1980 Director of Planning Peterson said staff concurs with the additional suggestion that the resolutions be modified to delete any reference to the provision of 3% of the units as "inclusionary units" and to modify the language of the finding regarding conformance with the Housing Element of the General Plan. Pat McCardle, 3900 Harney (representing Pacific Scene, Inc.) said they concur with the staff recommendations. There being no further comments, either for or against, the public hearing was declared closed. a. RESOLUTION NO. 10275 APPROVING REVISION TO THE SPECIFIC PLAN FOR SOUTH COLLEGE SECTIONAL PLANNING AREA b. RESOLUTION NO. 10276 APPROVING REVISED TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-20, CHARTER POINT RESOLUTIONS OFFERED by Councilwoman McCandliss, the reading of the text was waived by unanimous consent. Councilman Scott spoke against the resolutions, stating he opposes approval of any more homes that do not conform to the west-east part of the plan until the "H" Street project is resolved. RESOLUTIONS PASSED AND ADOPTED by a vote of 3-1, with Councilman Scott voting "no" and Councilman Gillow absent. CONSEI~T CAT.K~)AR (Items 6 and 7) MSUC (Scott/Cox) that the Consent Calendar be approved and adopted. 6. RESOLUTION NO.10277 ACCEPTING AN EASEMENT FOR STREET PURPOSES FROM OTAY LAND COMPANY DEDICATING AND NAMING AS OTAY LAKES ROAD AND RECORDATION THEREOF This project consists of widening of various segments of Otay Lakes Road between Camino del Cerro Grande and Bonita Vista Junior High School to provide a minimum four lane travelway with bike lanes. In order to accomplish this construction, various segments of right of way need to be acquired. A grant of easement for street purposes has been received from Otay Land Company for one of the right of way segments. 7. RESOLUTION NO.10278 ACCEPTING PUBLIC IMPROVEMENTS, CENTRAL DRAINAGE BASIN, DRAINAGE FACILITY Gemi, Inc., has completed the work for the contract dated February 5, 1980 for the construction of a storm drain system in the central drainage basin from Park Way near Fifth Avenue to Broadway south of "G" Street. A final inspection was made September 22, 1980 and all work was found to be done in accordance with contract documents and to the satisfaction of the City Engineer. (END OF CONSENT HESOL~TIONSA~DOKDINANCES, FIKST K~ADING 8. RESOLUTION NO.10279 ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION OF ORANGE AVENUE MEDIAN LANDSCAPING Bids were received on September 3, 1980 for the installation of Orange Avenue Median Landscaping. The City Engineer recommended that Council (1) authorize expenditure of $113,000 for the budgeted project; (2) accept bids and award contract to Rancho Landscape Co., Inc. for the construction of Alternate 2 with a 30 day maintenance period in the amount of $102,610; (3) authorize the City Engineer to exeeuts a contract change order for $2,240 to install approximately 1,425 sq. ft. of colored concrete in the portion of the median island lying within the County; and (3) authorize the City Engineer to proceed with the preparation of an agreement between the City and County for the installation of the landscaping of the median island within the County. City Council Minutes -3- September 30, 1980 RESOLUTION OFFERED by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. Councilman Scott expressed his concern regarding the vandalism of the brick wall on both sides of this area, especially on the north side. He questioned whether there is some way the City can require that the wall be maintained. MSUC (Scott/Cox) that staff look into this and come up with some solution. 9. RESOLUTION - ACCEPTING THE WORK ON CITY HALL REMODEL PROJECT In March 1980 the Council awarded a contract to Don J. Siegert in the amount of $431,640 for remodeling the City Hall. The work has been inspected by the Director of Building and Housing and found to be satisfactory. It was recommended that the Council accept the work and retain $3,000 until the folding door is installed in the Council Conference area, said amount to be in addition to the $40,000 retainer being held to cover nnforeseen occurrences and to guarantee compliance with the contract. At the request of the City Manager, the Council deferred action on Item 9. 10. RESOLUTION N0.10280 APPROPRIATING FUNDS FOR CHAMBER OF COI~VfERCE VISITORS COMMITTEE The 1979-80 budget included $60,000 for visitor industry promotion. During the first three quarters of the fiscal year, the Chamber of Commerce requested and received $8,675 per quarter for a total of $26,025. Their request for payment for the final quarter was not received until September 15, 1980. Inasmuch as funds for the final quarter were not encumbered, the remainder of the $34,700 reverted to the General Fund. It was recommended that the Council adopt the resolution appropriating $5,597.96 to reimburse the Chamber of Commerce Visitors Bureau Committee. In response to a query from Councilwoman McCandliss, Assistant City Manager Asmus explained that the amount of $8,675 was advanced for the first three quarters, and in the final audit, the amount due is only $5,597.96 to cover actual expenses. RESOLUTION OFFERED by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 11. ORDINANCE N0.1924 ADDING A NEW CHAPTER 9.40 TO TITLE IX 0P THE MUNICIPAL CODE ENTITLED "OFFENSES AGAINST PROPERTY" ALL RELATING TO THE PROHIBITION OF DEFACEMENT OF PUBLIC AND PRIVATE PROPERTY - FIRST READING The Council deferred action on an ordinance specifically relating to the defacing of private or public property (generally through the use of spray cans for producing graffiti) expressing concern over the impact it might have on merchants in town handling the sale of spray cans. The Chamber of Commerce reviewed the ordinance and recently made recommendations concerning both the content and method of enforcement. It was recommended the ordinance be adopted as modified. IT WAS MOVED by Councilman Scott, that the ordinance be placed on first reading and that the reading of the text be waived by unanimous consent. The motion carried unanimously. 12. ORDINANCE AMENDING SECTION 5.38.100 OF THE MUNICIPAL CODE RELATING TO HOURS OF OPERATION OF SECOND HAND DEALERS - FIRST READING The Council received a letter from Ellen Elias of the Federal Gold Exchange, Inc. indicating that the restraints on business hours contained in the City Code would not permit Sears to honor contractual obligations for the maintenance of their secondhand jewelry business within the Sears store. The Police Department concurs with the request of the Federal Gold Exchange to modify the Code to permit store hours for secondhand jewelry businesses under certain conditions, i.e., an operation within or upon the premises of a department store making said hours concurrent with the hours of the department store. Councilman Scott questioned the rationale for making this amendment, stating that hours of operation should be the same for all secondhand stores regardless of their location. City Council Minutes -4- Sept~nber 30, 1980 MSUC (Councilman Scott/Hyde) that Item 12 be held over until next week. CONTINUED HATTERS AND SECOND P~ADING OF OKDINANCES 13. ORDINANCE NO. 1921 AMENDING THE ZONING MAP TO CHA~qGE THE ZONE FOR 4.35 ACRES AT 701 "D" STREET FROM R-3 TO MHP - SECOND READING AND ADOPTION On September 23, 1980 the Council placed the ordinance on first reading, rezoning to b~P the Jade Bay Mobile Lodge (4.35 acres) located at 701 "D" Street. IT WAS MOVED by Councilman Scott, that the ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. The motion carried unanimously. 14. ORDINANCE NO. 1922 AMENDING ZONING MAP TO CHANGE THE ZONE FOR 4.37 ACRES AT 708 "H" STREET FROM R-3 TO MHP - SECOND READING AND ADOPTION On September 23, the Council placed on first reading the ordinance rezoning the Bison Mobilehome Park (4.37 acres) at 708 "H" Street from R-3 to MHP. IT WAS MOVED by Councilman Scott, that the ordinance be placed on second reading and that the reading of the text be waived by unanimous consent. The motion carried unanimously. 15. ORDINANCE NO. 1923 AMENDING ZONING MAP TO CHANGE THE ZONE OF 7.78 ACRES ON THE EAST SIDE OF NACION AVENUE, NORTH OF TELEGRAPH CANYON ROAD FROM R-1 TO R-3-P-12 - SECOND READING AND ADOPTION On September 23, 1980 the Council placed this ordinance on first reading rezoning the 7.7 acres to R-3-P-12. IT WAS MOVED by Councilmmn Scott, that the ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. The motion carried unanimously. 16. REPORT(S) OF THE CITY I~qI~AGER a. City Manager Cole referred to the problem regarding the acoustics at the Park Way Community Center. He said this has been discussed with the architect who can do a preliminary stody with alternative solutions. Mr. Cole requested that the Council authorize staff to expend up to $500 from the construction project funds for the Park Way Center to have the study made. MSUC (Scott/Hyde) that the City Manager's request be approved. b. At Mr. Cole's request, Director of Parks and Recreation Hall gave the Council an oral report on the status of the golf greens, discussing the fairways, sewer, irrigation, and repair work completed. Re said the golf course should be ready for full operation by mid-December. Since the revenues have gone from 0 to 50% of what they used to be, this should increase rapidly once the course is in full operation. MSUC (Scott/Cox) that the report be accepted. c. The City Manager requested that the Council hold an Executive Session for possible litigation at the conclusion of the Redevelopment Agency meeting on Thursday, October 2. MSUC (McCandliss/Scott) that an Executive Session be held on October 2 as requested. REPORTS OF CITY OFFICERE AND DEPA~MENTHEADS 17. REPORT ON ORANGE COUNTY'S INCLUSIONANY HOUSING PROGRAM At Council direction, representatives of the City Planning and Community Development Departments visited three of Orange County's inclusionary housing projects and were briefed on the subject of Orange County's incluslonary housing policy. The Director of Planning submitted a detailed written summary of the information received on this tour. City Council Minutes -5- September 30, 1980 It was recommended that the Council (1) instruct the City Planning and Community Development Departments to continue their inclusionary zoning studies and periodically report their findings to the Council; and (2) consider the Council's taking a field trip to Orange County's projects to gain first-hand information. MSUC (Scott/McCandliss) that the report be accepted and that the Council take a field trip to Orange County to study their inclusionary housing program, and after that, set a Council Conference to discuss inclusiona~y housing and come to some conclusion. 18. REPORTS ON CHULA VISTA TRANSIT OPERATIONS FOR FY 79/80 AND HANDYTRANS OPERATIONS FOR THE FOURTH QUARTER OF FY 79/80 The Development Services Administrator submitted comprehensive reports to the Council presenting operating statistics for CVT and for HandYtrans covering increased ridership, cost factors, and advertising. The report noted programs to increase and enhance transit ridership in Chula Vista, including bus rehabilitation, a comprehensive marketing program, and new transit shelters and benches. MSUC (Scott/Hyde) that the report be accepted. 19. REPORT ON TELEPHONE SURVEY FOR CHULA VISTA TRANSIT In order to develop the base information from which a comprehensive marketing program could be developed for CVT for FY80/81, a telephone survey of area residents was conducted by Imagery, Inc., in July 1980, with 512 respondents in the CVT service area. The Development Services Administrator submitted the results of the survey to the Council. MSUC (Hyde/Cox) that the report be accepted. 20. REPORT ON TENTATIVE MAPS WHICH WERE APPROVED WITH CONDITIONS OF APPROVAL WHICH ADDRESSED AFFORDABLE HOUSING ISSUES The Council directed staff to make a recommendation as to whether conditions of approval requiring a percentage of affordable housing units should be waived for those projects which already have been so conditioned. In a written statement, the Director of Planning reported that the Council action of September 23 removing the "inclusionary housing" requirements for two developments established direction in this area during the time Council is considering an overall inclusionary housing policy. It was recommended that conditions of approval be amended to delete this requirement from E1 Rancho del Rey Unit 6, Bonita Centre East, and Charter Point tentative maps. IT WAS MOVED by Councilman Scott that this be brought back at a public hearing. The motion died for lack of a second. Director of Planning Peterson noted that this item would have to be set for hearing before the Planning Commission as well as the Council and it would be approximately 2½ to 3 months before it would be before the Council again. He said he would recommend that it be left up to the developers to come in with a revised tentative map. Dick Brown, 1050 Pioneer Way, E1 Cajon (representing the Gersten Company) urged the Council to take action to set the maps for public hearing and amend the inclusionary housing provision as soon as possible. He said they will be happy to apply for a revised tentative map if that is desired, He also asked that the Council consider allowing other interested parties to join them on their trip to Orange County if that is possible. Mayor Hyde expressed his concern that action at this time is premature in view of the trip to Orange County and the possibility of having an inclusionary housing policy in the near future. MSUC (Scott/Hyde) that no action be taken on this matter at this time, and have the people who have tentative maps with that condition feel free to bring it forth to the Council. City Council Minutes -6- September 30, 1980 21. REPORT ON REQUEST FROM WATT INDUSTRIES FOR PHASED GRADING FOR HIDDEN VISTA VILLAGE McCabe Engineering, Inc. submitted a request on behalf of Watt Industries that the City participate in the construction of the proposed Rice Canyon Sewer, north of Bonita Road and agree to issue a preliminary grading permit for a major portion of the earthwork associated with the Hidden Vista Village development. In a written report, the City Engineer said the construction of Bonita Center Road will start shortly. In order to build the trunk sewer at the most reasonable cost, it should be incorporated in the road project. Due to the timing, Watt Industries have indicated they cannot finance the work. Using a graphic display, Mr. Lippitt described the area and briefly discussed the grading plan. It was recommended that staff be directed to return with a final recommendation on City participation in the Rice Canyon Trunk Sewer construction, and to accept the report on preliminary grading plan. Gary McCabe (McCabe Engineering,Inc.) described the plan in detail, discussing the soil erosion problems, drainage, temporary check dams, seeding of grass, and grading of "H" Street. He suggested that the Council accept the offer of dedication for "H" Street at the time the grading permit is granted. He explained the time problem since no date has been set by the County or National City as to when they intend to put in the new Bonita Plaza Road. MSUC (Hyde/Cox) that the staff recommendation be approved. 22.KEPORT ON RECIPROCAL USE OF PUBLIC WORKS EQUIPMENT In a written statement, Development Services Administrator Robens reported on the Public Works' maintenance equipment which is often very expensive and because of the cyclical nature of some activities, some equipment can be used by a city of Chula Vista's size for only a portion of each year. He said it makes good economic sense for agencies to share public works equipment on a reciprocal basis when possible and for the past two years, arrangements have been made with E1 Cajon, National City, Coronado and the Sweetwater Authority for reciprocal use of such equipment. MSUC (Scott/Hyde) that the report be accepted. REPORTS, REQUI~STS AND RECO~O(KNDATIONS OF CITY BOARDS, CGt~(ISSIONS, AND CO[~4I'I~AES 23. CIVIL SERVICE COMMISSION ANNUAL REPORT, 1979/80 A written report was submitted to the Council summarizing the activities of the Civil Service Commission during FY 1979/80, including a brief description of the Commission and its work and the highlights of the last fiscal year. MSUC (Scott/McCandliss) that the report be accepted. Mayor Hyde said, with Council consent, he will forward a letter to the Commission expressing the Council's appreciation for their services. ~AXOl'S Mayor Hyde referred to a letter received from J. Randall Miller, M.D., (48 Telegraph Canyon Road) outlining the traffic hazard and accident potential on Telegraph Canyon Road, particularly the Hilltop Junior High School area. He suggested that a crosswalk be installed with two stop signs at a midpoint in this section of the road. MSUC (Hyde/Cox) that this letter be referred to staff and to the Safety Commission and ask that a comprehensive study on all safety matters that are a matter of concern for this section of Telegraph Canyon Road be made and recommendations made to the Council as to the appropriate action to correct them. Mayor Hyde clarified that the study should not take a great deal of time, but should cover all facets of the problem. City Council Minutes -7- September 30, 1980 CO~J~CILCO~B~TS a. Councilman Cox said he had been contacted by several people residing in the Bonita Verde area, near the Golf Course, expressing concern regarding (i) potential flooding problems with Loveland reservoir overflowing into Sweetwater dam, (2) erosion of the channel along Sweetwater Road, and (3) the debris that has accumulated downstream from the Willow Street bridge. MSUC (Cox/Scott) that staff be asked to check out these three concerns and report back to the Council. b. Councilman Cox referred to information received concerning a price of $8.77 each quoted by the San Diego CountryClub for the annual civic awards banquet and the Board, Commission and Committee social. MSOC (Cox/Scott) that the beautification awards banquet be held at the San Diego Country Club on October 23, 1980. MSUC (Scott/Hyde) that the Board, Commission and Committee social be held at the San Diego Country Club on November 13, 1980. c. Councilwoman McCandliss referred to the question of the Council being represented on the FOCUS Committee. MSUC (Scott/Hyde) that Councilwoman McCandliss be appointed as a delegate of the Council on the FOCUS Committee. 24. APPOINTMENT OF CANDIDATE TO FILL UNEXPItLED TERM OF MR. BOB DAILY ON THE SAN DIEGO TRANSIT BOARD This item was discussed at the Council Conference held on Thursday, September 25, 1980. Mayor Hyde asked the Council for suggestions for nominees sometime this week. ADJO~J~T at 8:25 p.m. to a special meeting on October 2, 1980 following the Redevelopment Agency meeting and to the regular meeting scheduled for October 7, 1980 at 7:00 p.m. JENNIE M. FULASZ City Clerk uty City Clerk MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, September 50, 1980 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Mayor Hyde, C6uncitman ~cott~ Cox, McCandliss Councilmen absent: Gillow ADJOUP~NMENT The Mayor adjourned the meeting at 8:25 p.m. until Thursday ~hamber October 2., 1980 at 7:00 p.m. in the Council _~C~L~x ~B~k~, C~xx%k~, 276 Fourth Avenue, Chula Vista, California.immediately following the Redevelopment Agency Meeting I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of September 30, 1980 UL~S.Z, CMC, CIT~CLERK City of Chula Vista, CalifOrnia STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNmeNT OF .~EETING CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say : That I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held September 50, 1980 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on October 1, 1980 at ~he hour of 9:40 I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~ting of September 30~ 1980 was held. Subscribed and swo~n to before me this Notary Public in and for said County an~, State of California Z~§ Fou~h ~eflue, Chula V~a, ~ 92010