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HomeMy WebLinkAboutcc min 1978/10/03 MINUTES OF A REGULAR MEETING DF THE. CITY COUNCIL OF THE CITY OF C~ULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. ' October 3, 1978 A regular meeting of the City Council of thelCSty Of Chula Vista, Californ. ia, was heldon the abOve date beginningat 7:00 p.m. in ~he Council Chambers, Citly Hal!, 276 Fourth Avenue. ROLL CALL Councilmen present: Councilmen Cox, Egdahl, Scott Councilmen absent: Mayor Hyde, Councilman Gill~w Staff present: City Manager Cole, City.Attorney Lindberg, Assistant City Manager Asmus, Acting Director of Public Works Lippitt, Director of Planning Peterson, Director of Parks & Recre§tionNall, Purchasing Agent Espinosa, Fire Chief Longsrbone In the absence of Mayor Hyde, Mayor Pro Tempore Cox presided over the meeting. The pledge of allegiance to the Flag was led by Mayor Pro Tempore Cox, followed by. a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by ~ouncilmanI Scott, seconded by Councilman Egdah~ and unanimously carried by those present that the,' minutes of the meetings of September 23 and 26, 1978 be approved, Copies having been sent to each Councilman. 2. SPECIALsORDERS OF THE DAY a. OATH OF OFFICE - City Clerk Jennie Futasz administered the Oath of Office BOARD OF ETHICS to Dr. Tom Pasqua who was recent!y appointed to th~ ~ity~s Board of Ethics. · 3. ORAL COMMUNICATIONS None. 4. WRITTEN COMMUNIGATIONS a. RESIGNATION FROM Mr. John J. Klein, Jr., submitted his resignation from the ENVIRONMENTAL CONTROL Environmental Control Commission effective September 15, COMMISSION 1978 due to personalcommitments. Motion to accept It was moved by Councilman Egdahl, seconded by Councilman resignation Cox and unanimously carried' by those present that the resignation be accepted with regret and a'letter of thanks be sent to Mr. Klein. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Pro CONSIDERATION OF TENTATIVE Tempore Cox opened the public hearing. SUBDIVISION MAP FOR MELROSE CONDOMINIUMS Director of Planning Peterson explained that the applicant has submitted a tentative subdivision map., known as Melrose Condominiums, for the development of a two-lot, 116 unit c0ndominium project on 10.3 ~cres located in the R-3-P-12 zone on the north side of Otay Valley Road and on either side of Melrose Avenue. The project is exempt from environmental review as a Class l(k) exemption. City Council Meeting -2- October 5, 1978 The Planning Commission recommended approval of the tentative map in accordance with their Resolution PCS-79-1. Public Hearing Closed There b~ing no comments, either for or against~ the hearing was declared closed. 5a. RESOLUTION NO. 9302 - Offered by Councilman Scott, the reading of the text was APPROVING TENTATIVE waived by unanimous consent of those present, passed and SUBdiVISION MAP FOR adopted by the following vote, to-wit: MELROSE CONDOMINIUMS AYES: CoUncilmen Scott, Cox, Egdahl Noes: None Absent: Mayor ~yde, Councilman GilloW 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Pro CONSIDERATION OF TENTATIVE Tempore Cox opened the public hearing. SUBDIVISION MAP FOR VILLA HERMOSA Director of Planning Peterson submitted a plat of the area explaining that the applicant has submitted a tentative subdivision map, Villa Hermosa~ for' the development of a' one-lot, 30 unit, condominium project at 479 "F" Street in the R-3 zone. The project is exempt from environmental review as a Class l(k) exemption, and [he Planning Commis- sion recommended approval in accordance with their Resolution PCS-79~5. Density questioned Councilman Egdahl questioned the density of this project - 30 units on one acre. Director of Planning Peterson'remarked that the condo- minium projects approved in the 1970's had this density and that there are many apartment units in the City with this same density. Public hearing closed There being no comments, either for or against, the hearing was declared closed. 6a. RESOLUTION NO. 9303 - Offered By Councilman Egdahl, the reading of the text was APPROVING TENTATIVE waived by unanimous consent of those present, passed and SUBDIVISION MAP FOR adopted by the followingvote~ to-wit: VILLA HERMOSA AYES: CounCilmen Egdahl, Scott, Cox Noes: None Absent: Mayor Hyde, Councilman Gillow 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Pro CONSIDERATION OF PRECISE Tempore Cox opened the public hearing. PLAN FOR AN INDUSTRIAL STRUCTURE AT 1880'NIRVANA Referring to his written report, Director of Planning AVENUE IN THE I-P ZONE - Peterson stated that the applicant has submitted a precise C & B STEEL, INC. plan for the development of a steel fabricating operation on a 1.53 acre parcel in the 1800 block of Nirvana Avenue in the I-P zone. On September 13, 1978 the Planning Commission adopted the Negative Declaration on IS-79-2 and recommended approval of the precise plan in accordance with their Resolution PCM-79-3. The applicant proposes to construct a 6,000 square foot .metal warehouse, a 2,000 square foot stucco office building and a 4,800 square foot open craneway at the northwest corner of the site. The area to the west of the driveway will be used for-open storage. City Council Meeting 13- October 3, 1978 Mr. Peterson added that one of the conditions imposed by the Planning Commission was that the applicant meet the landscaping requirements of the Landscape Manual for both the interior and exterior areas prior to occupancy of the building. Other uses in the tract In answer to the Council's questions, Mr. Peterson noted the other uses in this tract, commenting that some of .them have had City approval and others have not. It iS a "hodge-podge" development and he is preparing a report to the Council on this. John McMann, President, Mr. McMann stated that his plans have been approved by C & B Steel, Inc. the Planning Commission and asked favorable consideration by the Council. Public hearing closed There being no further co~ents, either for or against, the hearing was declared closed. 7~. RESOLUTION NO. 9304 - Offered by Councilman Scott, the reading of the text was APPROVING THE PRECISE PI~Jq waived by unanimous consent of those present, passed and FOR AN INDUSTRIAL STRUCTURE adopted by the following vote, to-wit: AT 1880 NIRVANA AVENUE IN THE I-P ZONE AYES: Councilman Scott, Cox, Egdahl Noes: None Absent: Mayor Hyde, Councilman Gillow CONSENT CALENDAR (Items 8 through 13) 8. RESOLUTION NO. 9305 - It was moved by Councilman Scott, seconded by Councilman INCLUDING ATLANTIS Egdahl, and unanimously carried by those present that SCIENTIFIC IN THE LIST the Consent Calendar. be approved and adopted, with the OF ENVIRONMENTAL exception of Items 9, 11, and 12~ to be continued to the CONSULTANTS FOR THE next meeting (October 17, 1978). CITY OF CHULA VISTA Atlantis Scientific has submitted information to the City to demonstrate that they have ontheir staff all the pro- fessionals with the background, education and registration necessary to qualify for the City's list of EnVironmental Consultants. RESOLUTION Anlagre~ment has been prepared for theDel Rey Nutrition APPROVING AN AGREEMENT Program for expenditure of funds in the amount of $3,000, WITH DEL REY NUTRITION as approved by the City Council PROGRAM FOR EXPENDITURE OF CITY-APPROPRIATED FUNDS Resolution continued This resolution was continued to the meeting of October 17, 1978. 10. RESOLUTION NO. 9306 - One of the conditions of approval of TentatiVe Parcel Map ACCEPTING EASEMENT FOR 79-1 was for the owners to dedicate a 10-foot strip of land STREET TREE PURPOSES .along Third Avenue as an easement for street tree purposeS. FROM R. JACK AND JOYCE On S~ptember 7, 1978, R. Jack and Joyce Taylor, property TAYLOR owners, granted the required easement to the City. City Council Meeting · -4- Octoher3, 1978 11. RESOLUTIDN Ponderosa Homes requested permission to encroach.into the AUTHORIZING ENCROACHMENT public right of ~ay of Surrey Drive east of Camin6 del Cerro INTO PUBLIC RIGHT OFWAY Grande to temporarily close off that port{on of the street ON SURREY DRIVE - and develop it as ~ park-like area. The encroachment would PONDEROSA HOMES not affect traffic'circulation or acces~ to' ~ther.property and the removal of the encroaching material for ultimate street improvements is guaranteed under a subdivision improvement bond provided by the de~eluper. Reselution continued This resolution was continued to the me'~ting of October.17, 1978. 12. RESOLUTION Ennis Enterprises, Inc. requested a 45-day extension of APPROVING EXTENSION OF the contract for dredging three irrigation ponds atethe TIME - MUNICIPAL GOLF Chula Vista Municipal Golf C6urse. De~ay~ in d~edging ~OURSE POND DREDGING have occurred because of equipment breakdown, difficulty in obtaining replacement parts, and because the dredged material is taking longer to dry than was anticipated~ Staff reviewed the request for a 45-day extension and recommended approval. Resolution'continued This resolution was continued to the meeting of October 17, 1978. 13. RESOLUTION NO. 9307 - Ms. Marcia Haas, one of the property owners of the multiple- DECLARING THE CITY'S housing compound between Ash Avenue and Beech Avenue, INTENTION TO VACATE A south of Davidson Street, requested the vacation of a i0-FOOT EASEMENT IN 10-foot easement within the property. The City has no ROBERTA PARK UNIT #2 use for the easement and the Planning Commission recommended SUBDIVISION AND SETTING approval. The resolution sets the required public hearing DATE FOR PUBLIC HEARING for October 24, 1978 at 7:00 p.m. in the Council Chambers, City Hall. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 14. RESOLUTION NO. 9308 - On September 7, 1978, bids were received for the construc= ACCEPTING BIDS AND AWARD- tion of alley improvements, Phase I, in the City's Town ING CONTRACT FOR CONSTRUC- Centre Redevelopmerit Project. The alleys are located TION OF THIRD AVENUE ALLEY (1) from Center Street to Madrona between Church and IMPROVEMENTS, PHASE I - Del Mar, and (2) from Del Mar to Second Avenue between COMMUNITY HOUSING IMPROVE- Madrona and "G" Street. MENT PROGRAM (CHIP) Staff reco~nnended that the Council authorize the expenditure of $53,000 from Account #631-6310-BG40, accept the bids and award the contract to L. R. Hubbard, Jr., low bidder, in the amount of $48,220.60. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, paS~ed and adopted by tha following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl Noes: None Absent: Mayor Hyde, Councilman Gillow City Council Meeting -5- October 3, lg78 15. RESOLUTION NO. 9309 - Lea~es under the C~A program' fo~ tw~ lg'77 Compact~ick-up AUTHORIZING PURCHASE OF '~trucks from C~urtesy Chevrolet expire on Octqbe~ 6, 1978. VEHICLES LEASED FOR CETA The leases provide a pprchaseprice of $21,875 pe~ tru~k WORK PROGRAM for a total of $6,0~5, including sates tax. ~Cons~dering the monthly lease rates ($2,230.80 for 12 monthS) and ~h~ purchase price at the end of the ne~t 12 months ($5,035), staff r~commended that the vehicles be purchased at this time. In answer to the'.Council's query, City'Manager Cole stated that CETA fund~ will be used topurcha'se the vehicles. Resolutlon offered Offered by CouncilmanScott~the reading of the ~ext ~as waived by unanimous consent of those pr~ent,~assed' and: I. adopted by the following ~ote~ to-wit: AYES: Councilmen SCott, Cox, Egdahl Noes: None · Absent: Mayor Hyde, Councilman Giltow 16. RESOLUTION In January i978, the CoUncil aonsidered all potential INITIATING "C" STREET/ island annexation areas.and accepted staff's recommendation NORTH 2ND AVENUE ISLAND to prepare necessary documents to be submitted to lIPCO TERRITORY ANNEXATION AND requesting annexation of three areas. The "C":Street/ DETACHING IT FROM SAN DIEGO North Second Avenue island area isthe last of.three COUNTY FLOOD CONTROL areas to be formally considered by the Council for annexa- DISTRICT, ZONE 3 tion under the provisions of MJ}RGA. The annexation area is located at the northwest quadrant of "C" Street and North Second Avenue and contains approximately 21 acres. Mayor Pro Tempore Cox noted that the p~blichearing for reconsideratio~ of the prezoning of this area has been set for October 17, 1978and it might be appropriate to consider annexation at that time. Motion to continue It was moved by Councilman Scott, seconded by CounCilman Egdahl and unanimously carried by those present that this resolution be continued to the meeting of October 17, 1978, 17. ORDINANCE NO. 1835 - On August 8, 1978, 'the Council approved Resolution No. 9221~ REQUIRING PARTICIPATION relating to participation by private developers in the BY PRIVATE DEVELOPERS IN financing or installation of traffic signal systems 9n FINANCING AND/OR INSTAL- public streets throughout the City. The policy sets forth lATION OF TRAFFIC SIGNALS - the basis for such participation and the traffic generating FIRST READING factors to be used in determining the amount of fees. The exact amount of fees may be changed from time to time as construction costs increase or decrease. Ordinance placed on It was moved by.Councilman Scott that this ordinance be first reading placed on its first readin~,~andl~hatthe re~ding of the l text be waived by unanimous consent of those present. The ~otion carried by thelfollowing vote, t6-~it: AYES: · CouncilmenScott~rCox, Egdahl Noes: None Absent: Mayor Hyde, CounCilman. Glllow. Motion to refer to It was moved by Councilman Co~ secondedbyCOuncilman Fee Committee Scottl and unanimously carriedlby those present to refe~thislitem ~o the Fee COmmittee. City CounCil Meeting -6- z October 3, 1978 18.' ORDINANCE NO. 1836 - Concern has been expressed regarding the fact that lot AMENDING CHAPTER 17.08 lines do not necessarily conform to the top of slopes, oF THE CITY CODE, ALL RE- leaving portion~ of the pad area within open'space1 IATING TO RIGHTS OF maintenance districts no.t susceptible to. use b~~ the ADJACENT PROPERTY OWNERS adjacent property owner. This ordinance establishes iTO ENCROACH IN OPEN SPACE provisions for encroachment permits in the p~b!ic right MAINTENANCE DISTRICTS of.way which would authorize property owners to make. MAINTAINEDBY THE C~TY application for encroachment into open space maintenance OF CHULA VISTA- districts. FIRST READING City Attorney Lindberg stated that the erdinance has been amended tO include #3and.#4 on Page 2 - itemswhiqh give the Director of Public Works authorization to grant permits to those areas which are no more than 500 square feet into the open space. City Clerk Fulasz submitted the revised ~opie~ of the ordiaance to Council. M6tion to include It was moved by Councilman Scott, Seconded by CounCilman. amendment Egdahl, and unanimously carried by those.preSen't that the amendments to the ordinanceb~ included, as submitted~. Ordinance placed on It was moved by Councilman Scott that this ordinance be first reading, as pladed on its first reading, and that the reading Of amended the text be waived by unanimous consent of these present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl Noes: None Absent: Mayor Hyde, CounciLman Gillow CONTINUED MATTERS AND SECOND READINGOF ORDINANCES 19~ REQUEST FOR FUNDING - At the council meeting of May 23, 1978 a request for fund- SOU~H BAY ECONOMIC ing from the South Bay Economic Development Corporation~ DEVELOPMENT COPORATION was referred to the Mayor's Economic Advisory Corenittee. (The organization is seeking a $10,000 appropriation to support their activities.) A report and recommendation from the Committee was deferred until this ~eeting. Mayor Pro Tempore Cox noted that this item requires a 4/5ths vote of the Council f0r'-app~oval and only three members are present this evening. Motion for continuance It was moved by'C~uncilman Egdahl, seconded by Councilman . COx and unanimously carried by those present that this matter be continued to the meeting7 of October 17, 1978. 20. REPORT OF TRE CITY MANAGER a. Report on Chula Vista At the September 5, 1978 meeting, $7,650 was allocated Visitors & Convention to the Chula Vista Visitors & Convention Bureau with the Bureau Agreement funds coming out of the Community Promotions budget. Under Council policy, any organizaticm or group allocated City funds must sign an agreement which indicates the. purpose for which such funds will be used. City Council Meeting ' -7- '= '.October 3~ 1978 In a written report, City Manager Cole said that in the past funds allocated to the Bureau have been Used to · cover the organizatiqn~s expenses, totally 'or in part, for a period of one year. · Inl this instance, the $7,650 would scarcely meet the o~erating eXpense of the Bureau for one month. Bureau representatives have indicated it w0~ld be inappro- priate for them to Sign an agreement'obligating them to remain open for a on~-year period due ~to the limited funds allocated, and in his repert Mr. Cole stated staff believes it was the intention o.f the City Council in allocating th~ $7,650 that this Would nOt neCeSSarily require the Barcab to continue operating the two information centers for a full year, but Was merely to be used to partially meet operating expensezs of the Bureau for an indefinite-period. Staff recommended that the Council clarify that the $7,650 is for the peri6d July 1, 1978 through September 30, 1978. Motion for continuance It was movedby Councilman Egdahl, seconded by Councilman SCott and unanimously carried by those present that this item be continued to the meeting of October 17, 1978. b. ASSEMBLYMAN DEBDEH City Manager Cole reported that ASsemblyman Deddeh has TO BE PRESENT AT MEETING agreed to be present at the.meeting of October 31, 1978, as requested by the Council. Mr. Cole added that he has been unable to get Senator. Mills due to a conflict of schedules; however, it may be possible to have the Senator present at a meeting after the election (November 7, 1978). cl EXECUTIVE SESSION City Manager Cole asked for an Executive Session for pur- '~ - poses of negotiations and litigation. Motion for Executive It was moved by Councilman Cox and seconded by Councilman Session Egdahl that an Execdtive Sessioh be held at the close of the business meeting. Motion failed The motion failed by the following vote, to-wit: AYES: Councilmen Cox, Egdahl Noes Councilman Scott Absent: Mayor Hyde, Councilman Gillow (It takes three votes (majority) f, qr a motion to"carry.) Change of vote Councilman Scott changed =his vote to an "Aye" vote and the motion carried by the unanimous consent of those present. MAYOR' S REPORT Documentary film Mayor Pro Tempore Cox referred to the news release sent out by S~pervisor Hedgecock informing the people of the comm- unity that on Monday, October 9, 1978 at 10:00 p.m. on Channel' 15, there will be a documentary film entitled "Dealing with Aquarius"- California's quest for water. Resignation of Mayor Pro Tempore Cox stated he received a letter of JosephDordahl resignation from Joseph Dordahl from the Civil Service Commission. Resignation accepted It was moved by Councilman Scott, seconded by Councilman with regret Egdahl, and unanimously carried by those present that the resignation be accepted with regret and a letter of thanks be sent to Mr. Dordahl. City Council meeting -8- October 3, 1978 Vacancy list Mayor Pro Tempore Cox asked the City Clerk t~ report on the number of vacan~ies on the Boards and Con~nissions. COUNCIL COMMENTS Hilltop & Telepgraph Councilman Egdahl said he was again contactedby the Canyon residents of this area concerning their requests which were referred to the staff sometime ago: traffic, speed, vandalism and other problems in the area.I Councilman Egdahl referred to the memo sent by the Director'of Public Works to the City Manager regarding th~ ~ack 0f street lights in front of I'the new Sweethear~ Homes. Mr. Robens stated that a street light will be installed at the intersection of Hilltop DriVe and Telegraph Canyon Road as required by the Subdivision Ordinance and Sub- division Map Act. City Manager Cole explained that the staff has been working with the school district to put in the improvements for the north side of Telegraph Canyon Road. Until Proposition 13, the school district was amenable; however, now they. are not willing to go with the 1911 Act on a voluntary basis. Mr. Cole said he plans tolcon~act the Superin- tendent of the district to see if there=is some'othe~ way in which this can be done. Speed limits Councilman Scott commented that one of the laws which the League of California Cities has adopted gives the cities the right to set their own speed limits. City Attorney Lindberg stated that the cities have always had the right to set speed limits; however, under .this new law, they can now set maximum speedlimits under certain conditions. Councilman Scott asked that the staff get a copy of this new legislation. NEXT MEETING Mayor Pro Tempore Cox announced that the next meeting of the City Council will be held on Ocfober 17, 1978. The meeting of October 10, 1978 has been cancelled' due to a lack of quorum. EXECUTIVE SESSION The Council recessed to Executive Session at 7:50 p.m., with the City Clerk excused. The City Manager was appointed Deputy City Clerk and announced that the Executive Session adjourned at 8:04 p.m. ADJOURNMENT Mayor Pro Tempore Cox adjourned the meeting at 8:04 p.m. t0 the meeti. ng scheduled for October 17, 1978 at 7:00 p.m. C