HomeMy WebLinkAboutcc min 1978/09/05 MINUTES OF A REGULAR MEETING 0F THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 6:00 p.m. September S, 1978
A regular meeting of the City Council of the City of Chula Vista, California, was held on
the above date beginning at 6:00 p.m. in the Council Conference Room, r~cessing at 6:415 p.m.
~nd reconvening ~n the Council Chamber at 7:00 p.m.,City Hall, 276 Fourth Avenue.
ROLL CALL
Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott
(Councilman Egdahl arrived at 6:30 p.m.)
Councilmen absent: None
APPOINTMBNTS TO BOARDS Mayor Hyde announced that the Council has held interviews
ANDCONB4ISSIONS of all the candidates applying for the Planning Commission
and the Library Board of Trustees and the purpose of meeting
today is to make the appointments:
Library Board Mayor Hyde nominated James Hunt.
Councilman Cox nominated Frank Luxem.
Councilman Scott nominated Jeanne Iversen.
A ballot was cast with Mr. Luxem receiving the most votes.
Motion to appoint It was moved by Councilman Cox, seconded by Councilman
Frank Luxem Gillow and unanimously carried by those present that
Frank Luxem be appointed to the Library Board of Trustees,
and in the event he cannot serve, then James Hunt be
appointed as the alternate.
(Councilman Egdahl arrived at this time - 6:30 p.m.)
Planning Commission Councilman Scott submitted the name of Tom Mitchell to be
added to the list of candidates.
Nominations for Commission The Councilmen selected the foilowing nOminees~ .
Gerald Williams
Virgil Stevenson
Leonard Moore
Steve Owens
Tom Mitchell
First Ballot The results of the first ballot were:
Gerald Williams - 4
Virgil Stevenson - 4
Leonard Moore - 2
Steve Owens - 2
Tom Mitchell - 3
Second Ballot The results of the second ballot were:
Gerald Williams - 4
Virgil Stevenson - 4
Tom Mitchell - 2
Third Ballot The results of the third ballot were:
Gerald Williams - 4
Virgil Stevenson - 1
City Council Meeting -2- .September 5, 1978
Motion to appoint It was moved by Mayor Hyde, seconded by Councilman Scott
Gerald Willjams and unanimously carried that Gerald Williams be appointe~
to the Planning Commission.
Motion for alternate It was moved by Mayor Hyde, seconded by Councilman Scott
and unanimously carried that Virgil Stevensonbe appointed
as alternate.
EnvirOnmental Control Mayor Hyde stated that he will ask the Council for ratifi-
Commission appointee cation this evening of his appointment of Jeanne Iv~rsen
to the ECC.
Discussion of new The Council briefly discussed the proposal for future
method of appointments appointments to the Planning Commission and Library Board
whereby each of the Councilmen would be responsible for
one appointee. It was the concurrence of the Council
that the present method of appointments not be changed.
Executive Session It was moved by Councilman Cox, seconded by Mayor Hyde
and unanimously carried that the Council recess to Executive
Session to select candidates for the Community Awards
recognition.
The Council recessed to Executive Session at 6:45 p.m. and
the meeting reconvened at 7:00 p.m. in the Council Chamber.
Staff present: City Manager Cole, City Attorney Lindberg, Assistant City
Manager Asmus, Director of Public Works Robens, Acting
Director of Planning Willjams, Director of Building and
Housing Grady, Community Development Director Dearochers,
Assistant Director of Public Works Lippitt, Transit
Coordinator Bloom, Director of Parks & Recreation Hall.
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 Mayor Hyde, seconded byCouncilman Egdahl
and unanimously carried that the minutes of the meetings
of August 22, 24 and 30, 1978 be approved, copies having
been sent to each Councilman. (Councilman Cox abstained
on the minutes of August 22, 1978 as he was not present
at that meeting.)
2. SPECIAL ORDERS OF THE DAY (None)
S. ORAL CONMUNICATIONS
Gary Block Mr. Block said he lives in the Roberta Park subdivision
SSS Davidson with the north boundary of "E" Street, south boundary of
Chula Vista "F" Street, west boundary of Ash and east boundary of
Fifth Avenue. He stated that the south side of Davidson
is zoned R-3 and the north side is zoned R-l, and requested
that the Council consider changing the zoning on the south
side of Davidson to R-1 to be in conformance with the deed
restrictions recorded in 1946.
Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman
Cox and unanimously carried that this request bereferred
to the City Attorney or other appropriate staff member,
with a report to come back next week.
Mayor Hyde asked that Mr. Block contact City Attorney
Lindberg who will advise him of the proper procedures
to follow.
City Council Meeting -3- September 5, 1978
4. WRITTEN COM~PJNICATIONS
a. REQUEST FOR PERMISSION The Chula Vist~a Art Guild requested permission to hold art
TO HOLD ART MARTS AT marts on Library grounds at 4th Avenue and "F" Street and
THE CORNER OF 4TH that the license fee be waived, on the following dates:
AVENUE & "F" STREET October 14 & 15, November 11 & 12, 1978, March 10 & 11,
FOR THE YEAR 1978/79 April 7 & 8, June 9 & 10, July 14 & 15, August 11 & 12,
October 13 & 14 and November 8 & 9, 1979.
Motion to approve, It was moved by Councilman Scott, seconded by Mayor Hyde
subject to staff and unanimously carried that this be approved, subject
conditions to st.aff conditions.
b. REQUEST TO NAME The Chula Vista Chamber of Commerce requested that the old
RELOCATED BUILDING Chamber building, designed by the late Victor L. Wulff
AT ROHR PARK THE and recently relocated to Rohr Park, be named the "Victor
"VICTOR L. WULFF L. Wulff Building" in honor of the architect.
BUILDING"
Motion to refer to It was moved by Councilman Cox, seconded by Councilman
ParEs and Recreation Egdahl and unanimously carried that this be referred to
Commission the Parks and Recreation CommiSsion.
c. REQUEST FOR SUPPORT' The City of Adelanto requested that the Council support
OF OPPOSITION TO their resolution in opposition to the lack of concern on.
STATE'S LACK OF the part of the State regarding the impact of State-
CONCERN FOR IMPACT mandated costs on local governments.
OF STATE-MANDATED COSTS
Motion to support It was moved by Mayor Hyde, seconded by Councilman Scott
request and unanimously carried that this request be supported,
and that Senator Mills and Assemblyman Deddeh be so
informed with a similar resolution.
d. REQUEST FOR Cliff Roland, a resident of a mobilehome park in Chula
RENT RELIEF Vista, requested that the Council take action to prevent
excessive rent increases in park rents which are creating
a hardsh~ on many citizens with limited, fixed incomes.
Motion for City Manager It was moved by Mayor Hyde, seconded by Councilman Gillow
to prepare reply and unanimously carried that the City Manager be asked to
prepare a reply to this, indicating the Council action in
requesting the California League of Cities to take some
strong position similar to that requested (by Mr. Roland).
e. REQUEST TO HOLD The Chula Vista Jaycees requested permission to hold the
"FIESTA DE LA LUNA" "Fiesta de la Luna" at General Roca Park from October 19
through October 22, 1978 with permits and fees being
waived, and the use of Fourth Avenue from "K" to "F"
Street forthe annual parade on October 21, 1978.
Motion to approve It was moved by Mayor Hyde, seconded by Councilman Egdahl
request as recommended and unanimously carried that this request be approved per
by staff the recommendation of the staff. (Approve waiver of fees
and permits; approve use of General Roca Park and Facilities
and use of Fourth Avenue for parade, subject to staff
conditions and approval.)
f. REQUEST FOR SUPPORT The County Board of Supervisors has asked the Superior
AN APPLICABILITY OF Court to determine the applicability of Proposition 13
PROPOSITION 13 ON tax rate limitation to unsecured property. The Council
TAX RATE LIMITATION has been requested to support the Board's policy that
TO UNSECURED PROPERTY the limitation applies to both the secured and unsecured
rolls. A hearing has been scheduled on this matter on
September 7, 1978.
City Council Meeting -4- September S, 1978
Motion to support It was moved by Councilman Scott, seconded by Councilman
Gillow and unanimously carried that the request be supported~
In answer to a query from Councilman Cox, City Manager Cole
said that the City budget was prepared on the total ap-
plication of Proposition 13 to secured and unsecured property.
PUBLIC HEARINGS AND RELATED RESOLUTIONS ~ND ORDINANCES
S. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
BLOCK GRANT PER- opened the public hearing.
FORMiNCE REPORT
This hearing was scheduled in accordance with the 1977
Housing and Community Development Act to give citizens
an opportunity to review the program's progress and to
comment on the City's performance in me~ting Block Grant
objectives.
Mayor Hyde referred to the comprehensive report prepared
by the Community Development staff on the experience Of
the City during the last three years, plus the proposed
program for the fourth year. He invited members of the
audience to comment on the report.
Public hearing closed There b~ing no comments, either for or against, the public
hearing was declared closed.
Motion to accept report It was moved by Mayor Hyde and seconded by Councilman Cox
that the report be accepted and that the staff be commended
for the report.
In answer to aquery from Councilman Egdahl concerning
dissemination of the report, Community Development Director
Desrochers said that it was advertised in the Star-News
twice that the report was available, and it was sent to
various community organizations who have indicated an
interest.
Council discussion Council discussion ensued with staff concerning dissemina-
tion of the report with the suggestion that a cable TV
presentation be considered in addition to involving school
groups, senior citizens and presentations tocivic organi-
zations.
Copies of the report are available in the City Clerk's
office and the Library.
Motion carried The motion to accept the report carried unanimously.
6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
CONSIDERATION OF CHANGE opened the public hearing.
OF ZONE FOR PROPERTY AT
589 "G" STREET FROM Assistant Director of Planning Willjams said that the
C-O TO C-T applicant requested a zone change for a 6,435 square foot
parcel located at 589 "G" Street from C-O/Professional
Office to C-T/Commercial ThorOughfare. On August 9, 1978
the Planning Commission certified the Negative Declaration
on IS-79-4 and recommended the change of zone from C-O
to C-T in accordance with their Resolution PCZ-79-A.
Staff concurred.
Public hearing closed There being no further comments for or against, the public
hearing was declared closed.
City Council Meeting -5- September 5, 1978
6a. ORDINANCE NO. 1829 - It was moved by Councilman Egdahl that this ordinance be '
AMENDING THE ZONING placed on its first reading and that the reading of the
MAP TO CHANGE THE ZONE text be waived by unanimous consent.
OF ,PROPERTY AT S89 "G"
STREET FROM C-O TO C-T - The motion carriedby the follOWing vote, to-wit:
FIRST READING
AYES: CounCilmen Egdahl, Hyde, Gillow, Scott, Cox
Noes: None
Absent: None
' 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
CONSIDERATION OF opened the public hearing.
PRECISE PLAN PCM-79-2
FOR PARKRIDGE PROFBS- Assistant Director of Planning Williams said that the
SIONAL CENTER AT OTAY applicant, Clayton Albert, s~bmitted a precise plan for
LAKES ROAD AND RIDGEBACK the development of a professional Office-complex on a.
IN C-C-P ZONE 2-acre parcel located at the northwest corner of Otay
Lakes Road and Ridgeback Road in the C-C-P zone. He noted
the proposal todevelop the property intwo phases with
the first phase to involve construction of a 13,:800 sq.
ft.. building and the second phase tO consist of a second
building of 10,400 sq. ft. on the site along Otay Lakes
Road.
Equestrian trail The Planning Commission certified the Negative Declaration
modification recommended on IS-78-82 onAugust 9, 1978 and recommended approval in
by Staff accordance with their Resolution PCM-79-2. Mr. Wiltjams
said staff concurred, and added:the recommendation that'C6ndition
3 be modified to include a minimum equestrian trail width
of 6 feet rather than 4 feet and to include the construction
of a split rail fence to confine the horses to the trail.
(Alternate 2 - trail split between the two ownerships,
following the property line over to Otay Lakes Road.)
Council discussion An in-depth discussion followed concerning various alterna-
tive equestrian trails along Otay Lakes Road, Ridgeback
Road and the San Diego Gas & Electric easement, gignaliza-
tion for safe crossings, traffic and safety problems, and
maintenance responsibility.
Fourth alternative Councilman Scott suggested a fourth alternate to use the
San Diego Gas & Electric easement all the way through the
properties with an "on-demand" signal light paid by the
property owners for the crossing.
Jim Frank Mr. Frank said he is a teacher at Bonita Vista Junior High
4095 Bonita Road School and spoke in favor of a joint pedestrian and equestrian
Bonita crossing with a demand signal for safety of the students.
Clayton Albert Mr. Albert spoke in favor of the proposal for the fourth
Applicant alternative (using the San Diego-Gas & Electric easement
with a demand signal) stating that this has better visibility
at the top of the hill with more room. He discussed the
problem of the difference in site elevation and excess
costs if the trafl splits the two properties.,and problems
of conflict with access roads if the trail follows Ridgeback
Road.
James Miller Mr. Miller spoke in favor of a crossing at otay Lakes Road
746 Horton Road and Ridgeback Road with a traffic signal (Alternate 2). He
(President of San Diego said that there might be a possibility for funds for devel-
County Trails Council) opment of the equestrian trail and installation of a signal
under the "Pleasure Riding Tax Law" adopted by the County,
which will become effective in January 1979. He said the
estimated revenue is $190,000 in 1979, County-wide, and it
is his understanding these funds can be used for signal
devices for the riding and hiking trails.
City Council Meeting -6- September 5, 1978
James Fairman Mr. Fairman said they were not opposed to the projec~ in
610 "A" Street question, except with regard to the equestrian easement.
San Diego He explained that plans are 90% complete for an office
(Getsten Companies/ complex of approximately 30,000 square feet for the GetSten
E1 Rancho del Ray) Company on property adjacent to Mr~ Albert's project. Staff's
proposal (Alternate 2) would be impractical due to grading
problems and excess cost factors if plans have to be changed
at this point.
Public hearing closed There being no further comments, either for or against,
the public hearing was declared closed.
Concern regarding In response to a query from Councilman Cox, Director Of
safety problems Public Works Robens discussed the proposed developments
in this area and the projected traffic which Will be gen-
erated on Otay Lakes Road, expressing his concern that the
demand signal would create a safety problem (motorist would
not expect a signal at thislocation) and congestion and
accidents would occur.
Motion to designate It was moved by Councilman Cox and.seconded byCouncilman
SDG&E easement for Scott that the San Diego Gas & Electric easement be designated
equestrian trail as the equestrian trail and ask that staff come back with
the cost breakdown and recommended assessments, if any,
for the construction of the self-actuated pedestrian/
equestrian crossing signal within the SDG&E easement.
Clarification of motion Councilman Cox clarified that by "assessment" he was
asking for consideration of funding sources with staff
to consider and report on funding of signal and whether
the developers should be assessed.
Substitute motion It was moved by Mayor Hyde that this matter be continued
for one week and that the staff be directed to evaluate
Alternate 4 and come back with 8staff recommendation on
the basis of the evaluation.
No second to motion The substitute motion died for lack of a second.
Main motion carried The main motion carried by the following vote, to-wit:
AYES: Councilmen Cox, Egdahl, Gillow
Noes: Mayer Hyde, Councilman Scott
Absent: None
7a. RESOLUTION - Offered by Councilman Cox, as amended, the readingof the
APPROVING PRECISE PLAN text was waived by unanimous consent. ..
FOR PARKRIDGE PROFES-
SIONAL CENTER AT OTAY
LAKES ROAD AND RIDGEBACK
IN C-C-P ZONE
Concern regarding COuncilman Scott expressed his concern that none of the
inadequate solutions alternatives discussed for the equestrian trail were
satisfactory or agreeable to all parties involved. He
questioned if it is appropriate to adopt the resolution
as amended without further input inview of the problems
associated with each alternative offered.
Offer of Resolution The offered of the resolution failed by the following
failed vote, to-wit:
Ayes: Councilmen Cox, Gillow
NOES: Councilmen Egdahl, Hyde, Scott
Absent: None
Motion to continue It was moved by Councilman Cox, seconded by Councilman
Scott and unanimously carried that this matter be continued
for a period of one week and that staff be asked to report
back on the suggested alternatives for the equestrian trail.
City Council Meeting -7- September 5, 1978
CONSENT CALENDAR It was moved by Councilman Scott, seconded By Councilman
(Items 8 through 12g) Cox and unanimously carried that the Consent Calendar be
approved and a4opted.
8. RESOLUTION NO. 9249 - This resolution prohibits parking as follows: On Bay
ESTABLISHING "NO Boulevard beginning at "G" Street and ending at a point
PARKING" ZONES ON 50 feet north on the West side; on Fifth Avenue beginning
BAY BOULEVARD, FIFTH at uI" Street and ending at a point 60 feet south on the
AVENUE AND PALOMAR West side; and on Palomar Street beginning at a point 260.
STREET feet east of Second Avenue, ending at a point 350 feet
east of Second Avenue (mid-block) on the North side.
9. RESOLUTION NO. 9250 ~ This resolution establishes permanent stop signs at ~he
ESTABLISHING STOPS SIGNS intersection of East'~Orange Avenue and Oleander Avenue,
ON OLEANDER AVENUE AT stopping traffic on both streets.
EAST-ORANGE AVENUE
10. Pd]SOLUTtON NO, 925-1 - This resolution establishes a 4-way stop at "J" Street
ESTABLISHING STOP SIGNS and OaklaWn Avenue, with flashing red lights to improve
ON "J" STREET AT stop sign visibility for vehicles on "J" Street.
OAKLAWN AVENUE
11; RESOLUTION NO. 9252 - The Clara Vista CorporatiOn has executed a Grant of Ease-
ACCEPTING GRANT OF ment for acdess over a portio'n of Lot 118 of BonitaRidge
EASEMENT FROM CLARA Estates No. 3. The purpose Of the easement is toprovide
VISTA CORPORATION entry to a sewer maintenance road in order that City~ forces
can maintain a sewer main serving Bonita Ridge Estates No..2
Subdivision.
12a through 12g - Resolutions l'2a through 12g cover agreements between the
RESOLUTIONS APPROVING City and various conmmnity promotion groups for the
AGP~SEMENTS WITH VARIOUS exponditure of CityTappropria~ed funds approved by the
COMMUNITY PROMOTION Council in the amounts As shown~
GROUPS FOR THE
EXPENDITUREOF CITY
APPROPRIATED FUNDS
12a. RESOLUTION NO. 9253 - The 'amoUnt of $2,600 was appropriated from the General
/LDPROVING AGREEMENT Fund for this activity.
BETWEEN THE CITY AND
COMBINED ARTS ~ EDUCATION
12b. RESOLUTION NO. 9254 - The amount of $870 was appropriated from the General Fund
APPROVING AGREEMENT for the concerts.
BETWEEN THE CITY AND
LIBRARY CHAMBER CONCERTS
12c. RESOLUTION NO. 9255 - The amount of $2,000 was appropriated from the General
APPROVING AGREEMENT Fund.
BETWEEN THE CITY AND
THE CHULA VISTA JAYCEES
12d. RESOLUTION NO. 9256 - The amount of $1,500 was appropriated from the General
APPROVING AGREEMENT Fund.
BETWEEN THE CITY AND
SOUTH BAY MEALS-ON-WHEELS
City Council Meeting -8- September 5, 1978
12e. RESOLUTION NO. 9257 - The amount of $6,000 was appropriated from the General
APPROVING AGREEMENT Fund.
BETWEEN THE CITY AND
OUR HOUSE
12f. RESOLUTION NO. 9258 - The amount of $380 was appropriated from the General Fund.
APPROVING AGREEMENT
BETWEEN THE CITY AND
UNITED NATIONS DAY
COMMITTEE
12g. RESOLUTION NO. 9259 - The amount of $500 was appropriated from Revenue Sharing
APPROVING AGREEMENT Funds.
BETWEEN THE CITY AND
F.I.S.H. VOLUNTEER SERVICES
(END OF CONSENT CALENDAR)
RESOLUTIONS AND ORDINANCES, FIRST READING
13. RESOLUTION NO. 9260 - Director of Building and Housing explained that this change
APPROVING CHANGE ORDER order is for the removal of tile roofing, roof nailing
#24 ON CIVIC CENTER strips and reroofing 1200 square feet of roof over the old
RENOVATION PROJECT post office building. The reroofing was necessitated due
to the tile roof nailers being eroded away be termites.
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, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
14. RESOLUTION NO. 9261 - Chula Vista has applied for an AAA(Area Agency on Aging)
APPROVING A PROPOSAL grant to continue operation of the Senior Citizens' In-
FOR THE CITY TO OPERATE formation and Referral Center for the South Bay area.
A SOUTH BAY SENIOR
INFORMATION AND Assistant City Manager Asmus explained that the grant will
REFERRAL CENTER be in the amount of $17,250; the City will fund $7,200 from
Block Grant funds for the rent utilities and commodities,
making a total of $24,450 for the 8-1/2 month period re-
maining in this fiscal year.
Mr. Asmus said that other agencies are also applying for
these funds and there is a possibility that the grant could
be awarded to some non-profit organization.
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, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
15. RESOLUTION NO. 9262 - In November, 1977 the Council approved an agreement with
APPROVING AN AGREEMENT the Chula Vista Boys' Club for lease of property in Greg
BETWEEN THE CITY AND Rogers Park, subject to the Boys' Club and the Chula Vista
THE CHULA VISTA BOYS' Girls' Club entering into an agreement for joint use of
AND GIRLS' CLUBS FOR the facility. Such agreement has been reached and pre-
LEASE OF PROPERTY IN liminary plans have been completed.
GREG ROGERS PARK
In answer to the Council's query, Assistant City Manager
Asmus stated that the increasedarea being requested is
double that stated in the original agreement.
City Council Meeting -9- September 5, 1978
Councilman Egdahl said he would vote for the resolution
but is against having a mobilehome on the premises for use
as temporary club quarters.
Resolution offered Offered by Mayor Hyde, the reading of the text was waived
by unanimous consent, passed and adopted by the following
vote, to-wit:
AYES: Mayor Hyde, 'Councilmen Gillow, Scott, Cox, Egdahl
Noes: None
Absent: None
16. RESOLUTION N0. 9263 - In a written report to Council, the Director of Public
URGING THE ENACTMENT Works stated that Federal regulations for the expenditure
OF PROPOSED LEGISLATION of FAU funds are very cumbersome and time delaying. In
TO ALLOW EXCHANGING order to shorten the process and eliminate long delays,
FEDERAL AID URBAN FUNDS the San Diego Federal Aid Urban Advisory Committee is
FOR STATE GAS TAX FUNDS requesting that CALTRANS give the cities and local agencies
gas tax funds in exchange for the FAU funds. This resolution
urges the State legislature to change the State code so
that the exchange of funds would be legal.
Resolution offered Offered by Councilman Scott, the reading of the text was
waived byunanimous consent, passed and adopted by the
following vote, to-wit:
AYES: Councilmen Scott, Cox, Egdahl,'Hyde, Gillow
Noes: None
Absent: None:
17. ORDINANCE NO. 1830 - The Town Centre Business & Professional Association requested
AMENDING TITLE 10 OF the Council to consider a Code provision ~hat would spell-
THE CITY CODE PROHIBITING fically prohibit the riding of bicycles on the sidewalks
BICYCLE RIDING ON SIDE- in the Town Centre Business District. In response to
WALKS IN COMMERCIAL AREAS - Council direction, staff prepared an amendment to the
FIRST READING City Code which could clearly prohibit ridingof bicycles
on public sidewalks in commercial areas while allowing
them in residential areas.
Ordinance placed It was moved by Councilman Scott tha~ this ordinance be
on first reading placed on its first reading and that the reading of the
text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None;
18. ORDINANCE NO. 1831 - This ordinance sets a speed limit of 30 miles per hour on
ESTABLISHING A PRIMA Nacion Avenue beginning at Telegraph Canyon Road and ending
FACIE SPEED LIMIT OF at East "J" Street which is compatible with speed limits
30 MILES PER HOUR ON on East "J" Street and on Nacion Avenue south of Telegraph
NACION AVENUE - FIRST Canyon Road.
READING
Ordinance placed It was moved by Councilman Scott that this ordinance be
on first reading placed on its first reading and that the reading of the
text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
REGESS A recess was called at 8~36 p.m. and the meeting reconvened
at 8:47 p.m.
#
City Council Meeting -10- September S, 1978
19. REPORT ON THE On August 10, 1978 the Council considered condominium
CONDOMINIUM CONVERSION conversions and referred the matter to the Planning Depart-
ISSUE AND RECOMMENDATIONS ment for evaluation and recommendations.
RELATED THERETO
Assistant Director of Planning Willjams submitted a written
report with a detailed analysis of the conversions, out-
lining the problems and recommending that the report and
the interim ordinance be referred to the Planning Commission
for public hearing.
Council discussion Discussion followed regarding the proposed conditions: (1)
question of practicality having separate electric and gas
meters where some apartments have units that heat their
whole place. The City Attorney advised that the ordinance
provides for the Home Owners AsSo~iation~ as the group to
handle these meters (gas, electric and water) with no need
for separate metering for each unit; (2) difference between
interim and regular ordinance; (3) how other cities have
regulated the conversions; (4) incorporating in the ordinance
a section dealing with tenants' rights; (5) separate water
meters; (6~ storage space for the condominiums - condition
not clearly stated and should further indicate that the
storage area be on site; (7) compliance whereby subdivider
can submit a bond for the improvements - objection to having
the deficiency list for items to be corrected determined
and then having the subdiVider post a bond. If there are
d~ficiencies of a safety nature, prior to approval, the
deficienciesshoul~ be corrected; (8) Councilman Gillow
submitted a letter written by J. Frank residing in the La
Bonita Apartments suggesting other considerations.
19a. ORDINANCE - It was moved by Councilman Scott, seconded by M~yor Hyde
AMENDING THE CITY CODE and unanimously carried that this proposed ordinance be .
RELATING TO THE CONVERSION put to the staff and then to the Planning Commission.
OF DWELLING UNITS TO
INDEPENDENT OWNERSHIP City Manager Cole explained that paragraph (h)-"Inspections"-
CREATED BY CONVERSION TO can be eliminated because it is being done by the Building
CONDOMtNIUMS IN CONJUNCTION Department on a yearly basis. Regarding the compliance
WITH THE APPROVAL OF SUB- paragraph, the way the City handles a subdivision could be
DIVISION AND PARCEL MAPS utilized whereby the developer would enter into an= agreement'
RELATED THERETO - FIRST with the City and post a hond.. As to the exceptions clau~e,
READING the staff feels this should be handled .by the Appeals Board.
Councilman Gillow asked that the staff dissenkinate the
proposed ordinance to any interested parties and further,
that someplace in the ordinance there should be a statement
informing the condominium b~yer of the hist'ory of t~e apartment
units.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
20. CONSIDERATION OF At the meeting of August 22, 1978 the Council unanimously
ACQUISITION OF approved the staff's recommendatlon that the offer of Casa
NEIGHBORHOOD PARK del Rey of $75,000 payment in lieu of land dedication be
SITE IN VICINITY OF accepted, subject to acquisition of ~djacent 10 acre site,
CASA DEL REY TRACT and further directed that a report be made at this meeting.
(Continued from
August 22, 1978) City Manager Cole submitted a written report stating that
the 10-acre site was not available to the City. Staff
recommended (]) that the City secure dedication and require
development of 1.6 acres as a playground from Casa Del Rey;
and (2) that the City enter into a Joint Powers Agreement
with Chula Vista City School District for development of a
portion of the playground of this proposed school site.
Motion to accept report It was moved by Councilman Scott and seconded by Mayor Hyde
that the staff's report (and recommendation) be accepted.
City Council Meeting -11- September 5, 1978
George Ronis, Attorney Mr. Ronis, representing Mrs. Bordi and Mr. Leland (purchasers
of the lO-acre parcelunder question) stated that the City
is not in.the positionto undertake negotiations for acqui-
Sition of the 10-acre parcel as directed by the CounCil at
the last meeting. The 10-acre parcel is valued considerably
in excess of $100,000 and it is "intuitive,.of ~he staff to
assume they can get it'for $75,000.
Ralph Monsees, Developer Mr. Monsees discussed the meetings held with the staff
Casa del Rey regarding the dedication of park land (1.6 acres) and
his offer of $75,000 as in-lieu fees which he stated would
be in the best interest of the City to accept. This money
could be combined with other PAD (Park Acquisition ~Development)
funds to acquire land and for other facilities, either on
the school site or the pa~k adjacent to the school on the
south designated on the E1Rancho del R~y Specific Plan.
Council discussion Director of Parks & Recreation Hall, in answer to Coun¢il's
questions, said the 1.6 acres could be utilized as a tot
lot or it would depend on the cooperative agreement reached
with the school district. Mr. Hall added that if the CETA
force remained, the $75,000 could develop a whole five-aCre
site.
In answer to Councilman Cox's query, City Manager C01e Said
it was the intention of the staff to work with the school.
in order to end up as close as possible ~o S acres tobe
developed as a park (including the 1.6 acres).
Motion carried The motion to accept the staff's recommendation (accept the
1.6 acres and.enter into aljoint powers agreement with the
school districtsfor development of,.a portion of the play-
ground of this proposed school site) carried by the following
vote, to-wit:I
AYES: Councilmen Scott, Hyde, Gillow
Noes: Councilmen Cox, Egdahl
Absent: NOne
21. FUNDING FOR THE At the meeting of August 22, lg78 the Council directed :that
VISITOR-CONVENTION this item be brought back at this meeting for further
BUREAU discussion.
Councilman Gillow reported that the Visitor Industry Com-
mittee recommended a $15,000 funding and that a study
should be made, especially as it concerned the operation
of the two Centers,
Motion to fund $7,650 It was moved by Councilman Scott and seconded by Councilman
Gillow that. $7,650 be funded out of the Community Promotions
budget.
For clarification purposes, Councilman Scott explained that
the funding is to go to the Visitor-Convention Bureau.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Gillow, Hyde, Cox
Noes: Councilmen Scott, Egdahl
Absent: None
Request for a Study Councilman Cox spoke in favor of having a study on the
visitor potential in Chula Vista.
Motion for Request for It was moved by Councilman Cox and seconded by Councilman
Proposal Scott that the staff be directed to prepare a Request for
Proposal (RFP) for a study of the visitor potential in the
City of Chula Vista, and that this RFP be sent first to
Councilman Gillow's Committee and then referred back to
the City Council.
City Council Meeting -12- September 5, 1978
Discussion of motion Mayor Hyde said he could not support spending funds for
any consultant study until the staff has exhausted all
possibilities to do itin-house.
Assistant City Manager Asmus remarked that the staff feels
they cannot do an adequat~ job o~ this study since they have
no expertise in this field.
Motion for study carried The motion for the Request for Proposal for the study carried
by the following vote, to~wit:
AYES: Councilmen Cox, Scott, Egdahl, Gillow
Noes: Mayor Hyde
Absent: None
22. RESOLUTION - At the meeting of August 31, the Council accepted the
APPROVING CONTRACT proposed contract agreement with the bus company with
WITH AZTEC BUS LINES the directioH that the paragraph on the Consumer Price
(Continued from Index be revised.
August 31, 1978)
The contract calls for a total of $478,134 for an estimated
3S3,650 miles (approximately $1.352 per mile) for a nine-month
period of time. The second year cost will be determined on
the work done this year.
Report submitted Assistant City Manager Asmus said he talked with 'Mr. Z!otoff,
marked "Exhibit B" owner of Aztecsthis afternoon and they have reached what
the staff feels wouldboa compromise on the Consumer Price
Index clause. Mr. Asmus submitted a written summary of
the actual and projected expenses to the Council and
explained the itemslisted.
Motion to approve It was moved by Councilman Scott, seconded by Councilman
Cox and unanimously carried that an amendment to the
agreement be ~ade that puts in Exhibit "B" along with the
explanation by Mr. Asmus. ·
Motion for one week's It was moved by Councilman Scott, seco.nd~d by Mayor Hyde
continuance and unanimously carried that this item be held over for
one week.
23~ REPORT OF THE CITY MANAGER
· a. .REPORT ON EXPANSION On July 25, 1978 Bay General Community Hospital notified
AND RESTRUCTURIN~ OF the City of its intention to discontinue the paramedic
PAR~DIC PROGRAM unit at Bay Geheral Community Hospital, effective September
25, 1978. A written report was submitted by the C~ty Manager
Outlining a proposal to continue the~paramedic Services
utilizing Bay Cities Ambulance as the contractor to provid~
the Mobile Intensive Care Units.
MotiOn to accept It was moved by councilman scott, seconded by Councilman
staff's recommendation Gillow and unanimously carried that the staff's recommenda-
tion be acceptedj
b. SENATOR CRANSTON'S City Manager Cole repgrted that Senator Cranston's repreSen-
REPRESENTATIVE tative will be in the City Hall on September 13 and asked
IN CITY tO meet with the Council at 9:00 a.m. and with the Mayor
after 5:00 p.m.
Motion for meeting It was moved by Councilman Scott and seconded by Councilman
Gillow that a Council meeting be called at 5:00 p.m. on
Wednesday, September 13, 1978.
SuggestiOn for considering Councilman Cox s~ggesfedthe items scheduled for discussion
Conference items for the Council Conferemce on Thursday, September 14, 1978
be considered at this meeting.
City Council Meeting ' -13- September S, 1978
'Addition' tomotion 'Councilman' Sco~t*.inco.rporated in his motion that these
items scheduled for the Council ConferenCe of~September 14
be consideredon Wednesday, September I3 at 4:00 p.m.,
followed, by'a meeting with Senator Cranston's representa-
tive at 5:00.p.m. Councilman Gillow agreed as the s~cond
and the meeting carried unanimously.
c. VOLUNTEER PROGRAM Cfty Manager Cole indicated that .the Volunteer Program
will be scheduled for Novembe~ 16, when a full C6u~Cil
will be present.
REPORTS OF CITY OFFICERS AND DEPARTNLHNT HEADS
24. REPORT ON PROGRESS OF . DireCtor of Building and Housing Grady, in, a written
CIVYC CENTER RENOVATION statement, reported that 75 percent of the ·total project
AND CHANGE ORDERS #19 is completed with atentative completion date of December
through #23 - 15, 1978. ~hange Orders Nos. 19 through 23 were identified,
being approved in accordance with procedures outlined in
the specifications.
Motion to accept report It was moved by Councilman SCott, seconded by Councilman
Gillow and unanimously carried that the report be accepted'.
'~25. REPORT ON REQUEST BY On August 2, 1978 staff was directed to review the proposal
CHuMMR. OF C0~4ERCE .by the Chamber of Commerce for the City to enter into an
FOR CITY TO CONTRACT agreement with the Bench Ad Company for installation and
WITH BENCH ~D COMPANY maintenance of bus benches-throughout the City,
Staff's recommendations. Director of Public Works RobeBs submitted a-written report
with a comprehensive anal~sisof the proposal. Staff'
· offered two reconnnendations: (1) that the City retain its
existing bus bench program, purchase additionalbenches
with b~cks at .designated: senior ditizen/handicapped residences
and activity cent'era, and not contract With Bench Ad Company
at this time; or '(2) contract with Bench Ad Company with '
(a) advertising copy on the back of the bench tO be ~lean ..
and uncluttered and (b) the copy to typically occupy about
1/S of the total space on the bus Stop bench back, with
· approval required by the City's Transit Coordinator as
to content, size, color, and type.o'f advertising on the
benches prior to 'installation.
Allan Feldm~n Mr. FeIdman said his ~rm'(Bench Ad Company) is cuTrently
4943 E. Slauson doing business with 160 cities in California and there are
Maywood, CA no restrictions regarding the size of the ad with any of
the cities. There is a clause in the contract giving the
city complete centTel Over any 0f the ads'!gOing out into
the streets. As to a limitation 6E 50% of ~he space in
the back of ~h~ benches going for an 'ad, Mr. Foldman felt
the company would not accept t~iS condition.
Motion Co accept It was moved by COuncilman Egdahl and seconded by Councilman
staff's recommendation Scott that the staff's recommendation be accepted: that the
existing bus bench program be retained; purchase additional
benches with backs at designated senior citizen/handicapped
residences and activity centers and not contract with Bench
Ad Company.
Speaking against motion Mayor Hyde, Councilman Cox and Councilman Gillow spoke
against the motion, indicating that contracting with Bench
Ad Company would be an economical way to provide necessary
benches and they could be installed without delay.
Amendment to sign Councilman Egdahl said that if the Council decides to
ordinance required contract with Bench Ad Company, the City sign ordinance
would have to be amended as the bench signs' would be fn
~iolation of the City Code. He spoke against amending
the ordinance.
City Council Meeting -14- September S, 1978
Motion failed The motion failed by the following vote, to-wit:
Ayes: Councilmen Egdahl, Scott
NOES: Councilmen Cox, Hyde, Gillow
Absent: None
Motion to approve It was moved by Mayor Hyde and seconded 5y Councilman Cox
alternate staff that the Council accept the proposal for a one year contract
recommendation for provision of signs by Bench Ad COmpany, subject to the
conditions specified by the alternate reconLraendation of
the staff which says "1/3 of the total space~]gfthe bus
stop bench back"'(for advertising copy).
Niek Slijk In answer to a query from Councilman Scott regarding the
Chamber of Commerce involvement of the Chamber of Commerce, Mr. Slijk said
that in the beginning, the Chamber was under the impression
they would be in control of the advertising and would.be
reimbursed for their ti~ on a 50!-50 basis; however, if
the City is in control of the advertising, the Chamber
would relinquish that amount. ~'
Addition to motion Mayor Hyde said that he would pro face, his motion that
a resolution and amended ordinance be brought back memo-
ralizing the conditions of the contract with the Bench
Ad Company, with the ordinance amended through appropriate'
measures. Councilman Cox agreed to the second.
Motion carried The motion carried bythe following vote, to-wit:
AYES: MayOr Hyde, Councilmen Cox, GilloW
Noes: Councilmen Egdahl, Scott
Absent: None
REPORT ON WAIVING THE On August 8 staff was directed by Council to investigate
WEST TO EAST DEVELOPMENT the appropriateness of not applying the west to east
CRITERIA IN EL RANCH0 DEL development criteriatothe properties on the north side
REY FOR THE AREA ON THE of "H" Street, west of Otay Lakes~Road, in the North
NORTH SIDE OFEAST "H" College Sectional Planning Area.
STREET, ~ST OF OTAY " I "
LAKES ROAD In a written report, the Direct0x~of Planning and .Public
Works noted that the purpose of the westto east criteria
is to avoid development which Would place.additiOnal demands
for east-west travel in advance~£ the Construction of
East "H" Street, which would be defeated if development
were allowed toproceed simply because improvements are
installed in front of the properties onethe. north side of
East "H" Street west of Otay Lakes Road in the North College
SPA. Staff recommended that development crit~riabe applied
.to the subject propertieS.
Motion to accept It was moved by CouncilmanEgdahl, seconded by Mayor Hyde
staff report and unanimously carried that the staff r~ort be accepted.
MAY6R'S REPORT
Question regarding Mayor Hyde said that at a Town Centre Businessand Prolos-
liability during sional Association meetiDg the question came up as to who
Third AVenue improvements would be responsible, from a liability standpoint, with
regard to potential injuries in the.alleyways on Third
Avenue if the rear entrances are opened np for business ·
purposes during the time of.construction of the Third
Avenueimprovements~ Heasked forthe City Attorney's
opinion.
Business owner City Attorney Lindberg said that if no changes are made
responsible for to existing situations and there are no dangerous or
liability defective conditions in the alleyways which. the City is
aware of, any liability would be that of the stOre'owner.
City Council Meeting -15- September 5, 1978
Information to be made Mayor Hyde asked the City Attorney to communicate. that
available to Town Centre information to the President Of the Town Centre Business
Business & Professional and Professional Association.
Association
National Leagueof Mayor Hyde reminded the Council of the National League
Cities convention of Cities annual convention in St. Louis November 26
November, 1978 . through November 29, 1978 and asked the Council members
who plan to attend to contact the Council secretary
order to complete registration~ hotel and flight arrangements.
E1vR Gutierrez Mayor Hyde asked approval o~, the appointment of Miss Elva
appointed to Youth Gutierrez to the Youth Commission.
Commission
Motion to ratify It was moved by GouncilmanScot~, seconded by Councilman
Cox and unanimously carried that the appointment be ratified.
Appointment to Mayor Hyde appointed Jeanne Iversen to the vanancy on the
ECC - Jeanne Iversen Environmental Control Commission/Histori~ai Site Board.
Motion to ratify It was moved by Councilman Scott, seconded Iby Councilmah
appointment Egdahl that the appointment be approved.
Appointments to Planning Mayor Hyde announced that at the 6:00 p.mr session of
commission and Library tonight's meeting, the Council appointed Gerald Wiiliams
Board to the Planning Commission and. Frank Luxem to the Library
Board.
COUNCIL COMMENTS
South Bay Economic Councilman CoX referred to the request of the South Bay
Development Corporation Economic Development Corporation for funding by the City
request for funding for Fiscal Year 1978/79. He discussed th~ unforeseen delays:
in the meetings of the Mayor's Econ6mic Advisory Committee
in considering this request resulting in no action being
taken ..... :
Motion toadd request It was moved by Councilman COx, seconded by Mayor Hyde
for funding to next and unanimously carried that the COuncilpUt on the !genda
agenda next week the request of the South Bay Economic Development
Corporation for funding inthe amount of $10,000 and that
the staff come back with a report indicating sources of
funds that are avaiIlable.
Report requested on Mayor Hyde commented that thelast time this funding was
matters directly approved, the Council indicated that when the request
affecting Chula. Vista .for reneWal'came up., anexplicit report would be required
showifig those thing~'~hey had undertaken whichw0Uld have
a direct bearing upon the City of ChuIa Vista'. Councilman-
Cox acknowledged that there would bedresponse to this
requirement.
Motion to amend tt was moved by CounCilmbal CoX and seconded.by. Mayor Hyde
resolution setting that the staff be directed to Come back With what.ever
order of the agenda change needs to be made in the resolut!o~ setting the
(Resolution #8587) o~der of' business on the agenaato have ~he pledge of
allegiance and silent prayer first, and then roll call.
Spe~king against motion Councilman Scott spoke against the motion, stating this
should be the prerogative of the Chair.
:Motion carried The motion carried bythe following Vote,~ to-wit:
AYES:~' Councilmen CoX, Egdahl., Hyde
Noes: Councilmen GilloW, Scott .
- Absent: None
City Council Meeting -16- September S~ 1978
Temporary theater in Councilman Egdahl referred to the fires in BalbOa Park last
Balboa Park to be removed Spring (one destroying the Old Globe Theater) and the
subsequent construction of a temporary outdoor theater
which must now be removed.
Motion for letter It was moved by Councilman Egdahl, seconded by Councilman
to San Diego City Gillow and unanimously carried that, by letter over the
Council to retain Mayor's signature, the San Diego City Council be encouraged
outdoor theater to reconsider this action.
Councilman Egdahl to Councilman Egdahl announced that he w{ll be out of town
be on vacation for the next two weeks on vacation - returning on September
23, 1978. He requested permission to be absent'from the
Council meetings during this period.
Motion to approve It was moved by Mayor Hyde, seconded by Councilman Cox
absence from meetings and unanimously carried that Councilman Egdahl be excused
as requested.
suggestion for county Councilman Egdahl reported that while it did not come out
Housing Authority to in the discussions regarding the 100 low-income housing
contract out for units required by the Comnty Board of Supervisors, the
maintenance of Housing Committee had suggested that the County Housing.
facilities for low Authority could contract out for the maintenance of the
income families facilities and it could be accomplished in the'scope of
the funds available. He suggested that this migh
considered in the future..
Motion for Council It was moved by Councilman Scott, secondedby Councilman
Conference on School/ Gillowand unanimously carried that a Council Conference
Pa~k concep% be set, whenever it will fit in, to cohsider the school/
park concept.
Motion for report on It was moved by Councilman Scott, seconded by Councilman':
employees using City Gillow'and unanimously carried that a report be brought.
vehicles back to the Council on how many City employees have City
cars to take home in the City of Chuia Vista.
Council concurrence Mayor Hyde apologized to Mr. Charles Lew~ader for not
asked to recognize recognizing his request tO speak on Item No. 26 - a
request to speak report on Waiving the west to eastd~velopment criteria
in E1Rancho del Roy forthe area on the north side of
East "H" Street. He asked CounCil concurrence to permit
Mr. Lewsader an oppOrtunity':to'speak on this item.
Motion to grant request It was moved by Councilman Cox, seconded by Councilman
Egdahl and unanimously carried that permission be granted.
Charles Lewsader Mr. Lewsader questioned the logicof prohibiting. develop-
253 Minor ment on the west side of Otay Lakes Road, but approving it
Chula Vista on the East side [V & V Development) a~d said he did not
understand how traffic ~ould not be'affected by this develop-
ment. He Said he owns property on the west Side of otay
Lakes Road and would like to develop it, but felt he was
being discriminated against.
In~ answer to a question from Council, Director of Public
Works Robens stated that traffic 'from the V&V Development
would be using Bonita Road and this development is not
Within the moratorium area; whereas the property owned by
Mr; Lewsader is within the mor'atorium boundaries and traffic'
in this area would use Telegraph Canyon Road.
City Council Meeting -17- September 5, 1978
Council discussion Council discussion followed concerning other projects
proposed on the east side of Otay Lakes Road; no development '
should be permitted on either side until "H" Street is
compieted; and other owners are at the "mercy" of the
Getsten Company.
Motion to schedule It was moved. by Mayor Hyde that this matter be scheduled
this matter for for a Council Conference at an appropriate time.
CouncilIConference
No second to motion The motion died for lack of a second.
Councilman Egdahl suggested that this item be placed on an
agenda for a regular Tuesday Council m~etingt
Motion to reconsider It was moved by Councilman Egdahl, seconded by Councilman
Item #26 Gillow and unanimously carried that this item be reconsidered.
Motion to schedule It Was moved by Mayor Hyde, seconded by Councilman Egdahl
Item #26 for full Council and unanimously carried that the policy on west to east
at regular meeting development be docketed for a regular Council meeting for
further discussion - when there is a full Council.
Casa del Rey Park Site Councilman Scott expressed his concern regarding the motion
on Item #20 - consideration of acquisition of a neighborhood
park site (Casa del Rey Tract) - stating he would like to
have more input.
Motion for additional It was nDved by Councilman Scott and seconded by Councilman
staff report on Item Giltow that the staff give an additional report on rethinking
No. 20 of whether or not the Council Should take $75,000 or 1.6
acres, after discussing this with the schoolson a joint
powers agreement.
Council. discussion ensued on when this should be reconsidered.
Substitute motion It was moved by Councilman Scott~ seconded byCounci!man
Gillow ~nd unanimously carried that Item#20 be reconsidered
at this point,
Motion to accept It was.moved by. Councilman Scott and seconded by CounCilman
$75,000 in lieu Cox that the $7S,000 be accepted in lieu of the 1.6 acres.
of 1.6 acres
Speaking against Mayor Hyde spoke against the motion, stating that. if funds
motion are accepted it would indicate there is no desire to expand
that site for park purposes, and the site will be developed
by the developer.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, COx, Egdahl
Noes: MayOr Hyde,'Councilman Gillow
Absent: None
ADJOURNMENT Mayor Hyde adjourned the meeting at 11:00 p.m. to the
regular meeting scheduled for Tuesday, September 12, 1978
at 7:00 p.m. in the Council Chambers, City Hall.
/1?AT~TY CITY CLERK