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HomeMy WebLinkAboutcc min 1978/10/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 6:00 p.m. October 17, 1978 A regular meeting of the City Council of the City ofChula Vista,.California,~ was held on the above date beginning at 6:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdah!, Scott, Gillow Councilmen absent: None Staff present: Acting City Manager Asmus, Deputy City Manager Wittenberg Motion for Executive Session It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the Council recess to Execu- tive Session for employee negotiations. EXECUTIVE SESSION The Council recessed to Executive Session at 6:01 p.m. and the meeting reconvened at 7:00 p.m. Staff present: Acting City Manager Asmus, Assistant City Attorney Harron, Acting Director of Public Works Lippitt, Director of Planning Peterson, Acting Director of Community Development Boyd, Fire Chief Longerbone, Police Chief Winters, Park Superintendent Bradstreet, Deputy City Manager Wittenberg The pledge of allegiance to the Flag was led by Mayor Hyde, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Scgtt, seconded ~y Councilman Cox and carried by a vote of 3-0 that the minutes of the meeting of October 3, 1978 be approved, cop~es having been sent to each Councilman. (Mayor Hyde and Councilman Gillow abstained as they were not present at the meeting of October 3, 1978.) 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - Mayor Hyde presented the proc'lamation to Mrs. Kitty PROCLAIMING OCTOBER 24, Raso, Chairman of the United Nations Day Committee. 1978 AS "UNITED NATIONS DAY" b. RECOGNITION OF Mrs. Doris Cox, member of the International Friendship FOREIGN EXCHANGE Commission, introduced foreign exchange students from STUDENTS various countries who are residing with host families in the City this school year. Mayor Hyde presented certificates of recognition to each student. 3. ORAL COMMUNICATIONS Ron O'Neill Mr. O~Neill presented a petition signe~ by 150 home 1293 Cardinal Place owners in the area of Greg Rogers Park asking that the Chula Vista Council rescind ResolUtidn 9262 granting a 40-year lease to the Girls and Boys Club in the park area. The petition cited (1) preservation of park land, (2) illegalali~n problem, and (3) increased traffic as reasons for the protest. City Council Meeting ~2- October 1!7,'1978 Theresa French ~Mrs. French said her rent was rai~ed $75 in t~e last 223A Madrona Street seven months. She questioned .the rights of renters and Chula Vista' a~ked that the Council, as the legislative body, do something about this probl~em. Council discussion followed in which Mrs. French was advised to talk~to Mr. Doug Boyd, Acting Directorof Community Development, ~and Mrs. Debbie Swartf~ger, &dministrati~e assistant to the City Manager, for City assistance with her problem. Larry Schultheis II Mr. Schultheis spoke against the lease to ~heGirls and 484 Redwing ROad Boys Club, citing vandalism and hazards 'to the children Chula Vista in the area due to the increased traffic. Motion for public hearing It was moved by Councilman Scot~, seconded by Mayor Hyde and unanimously carried that the Councilbring this forth so that the peoplein the area wi~,l have the opportunity to speak to this matter and provide for a whole presentation, rather ~han responding to some- thing that is unknown, or fears of the unknown. The public hearing is to be set for November 7, 1978 (appeal of the conditional use .permi~ broughtforthby the City Council). Gretta Arnold ~rs. Arnold invited the Council to a fundsraising pro- Chamber~f Commerce ject at RohrPark on October 27in which l~cal d~gni- ' Ambassadors taries will be given "derOgatory titles". Joseph Raso Mr. Raso submitted what he termed his fifth.pl~n~o La Bel~a Pizza RestaUrant remodel the La Bella Pizza~Restaur~nt and cited the problems he ishaving in~etting a building permit. In answer to 'the Counc~S query, Mr. Doug:Boyd, Acting Director of Community ~evelopment, said he is working with Mr. Ra~o ana explained the procedures aBd appli- cations whiC~ Mr. Raso must make prior tO-consideration of the plan by the Design Review Board and Redevalop- ment Agency hearing. Mr. Boyd indicated that Mr.I Raso's plans could be procesSedby the first of the year. Mayor Hyde asked ~he ACtin~ City ~anager t~call Mr. Raso and follow through on these procedures, lendi~ng whatever City assistance is necessary. Dan!McGinty First Federal Savings & Loan Mr. McGinty discussed his reCent appeal to the Board of Appeals concerning the nequirement for an! automatic fire sprinkler system in buildinOs which are 40 feet in height or 4 stories; most other cities 'in the State have a 75 foot requirement. Mr. McGinty said his bank building is 46 feet high, cause~ by amansard r~of con~ struction, and asked that the CounCil look into this "arbitrary" Code requirement. Motion for staff report It was moved by COunC~lmaB Scott, secondedby Council- man Cox and unanimously carried that ~he ~taff prepare a report on this specific requirement ~n 4 stories a~d 40 feet to see if, in fact, the staff feels there s~ould be some change that they would like to direct to t~ Council. The report iS due in tw~ weeksL City Council Meeting -3- october 17, 1978 Item ~24. MFs. Lynn Pankhurst, member of the-FireD~strict RESOLUTION 9310 Board, requested consideration of this i-temat this APPROVING DISPATCHING AGREEMENT. time. WITH MONTGOMERY FIRE PROTECTION DISTRICT It was mo~ed by Mayor Hyde, seconded by.Councilman Scott and unanimously carried that item #24 be con- sidered at this time. Annual payment Mrs. Pankhurst said that the proposed agreement was satisfactory with her'Board except for the provision of the annual payment. The staff iS recommending $15,000 a year and the Fire District is proposing a payment of $800 a month, Mrs. Pankhurst asked that the Council reevaluate thi.s amount, as this agree~nt would be "precedentsetting"and will affect the re- lationship of the two areas~ Council discussion A general discussion ensued in which the Council ques- tioned Mrs. Pankhurst Qnthe actual amount of savings; reductions in staff; staff's figures that it would cos~ nearly $20,000 a year; the concept of "subsidizing"the MOntgomery Fire Protection District; Other agencies, such as Bonita-Sunnyside, National City!and Imperial Beach, coming into the system and reducing the annual cost. Mrs. Pankhurst ~oted~that the ~ta~f isbasing its fig- ure on one-fi~th ~f the co~t but in actuality, it · should be considered on the basis that there are five stations, plus the police facility, or one'Sixththe cost. Mr. AsmUs.explained that the figures given to the Couh- cil were for the fire dispatching side only, .:Thene are four fire-statiOns..in the City. Motion for $15,000 It. was moved by Mayor Hyde that the f~gure of $15,000. a year be inserted.intO the ~agreem~nt. " No second to motion The motion die~ for lack of a-seCond. Councilman Egdahl noted.~hat ode-s~xth Of the share of. the cost would be $16,500 ($99,000 annual cost).,, Motion for $1'6,500 It'dwas moved by Councilman Egdahl and seconded by Mayor Hyde that the figure of $16,~500 ,be put into the agreement. Discussion of motion Further discussion followed regarding the other agen-~ cies that would possibly come into the system; addf- tion of personnel in future years' to man the total system; joint mutual aid responses. Amendment to motion It was moved by Councilman Cox and seconded by Council- man Scott that"the Imetion be amended to establish the $15,000 figure, originally proposed by staff. Amendedmotion carried The motion, as amended, carried by the following vote: AYES: Councilmen Cox, Scott, Hyde~ Gillow Noes: Oouncilman Egdahl Absent: None City Council Meeting -4- October 17, 1'978 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent ofthose present~ passed and adopted by the folllOwing vote, to-Wit: AYES: Councilmen Egdahl~ Scott, Hyde, Gillow, Cox Noes: None Absent: None Mr. Bahrke, Vice President Mr. Bahrke stated that there will be no increase in per- Montgomery Fire Protection sonnel in the City as a result of this agreement and District that all they can afford to pay, at this time, is the $10,000 a year. He asked for reconsideration of this figure. Councilman Scott indicated that the Council should con- sider the sum of $10,000 a year for the next two years and then reevaluate it after that time. Motion for reconsi. deration I't was moved by MayOr Hyde, seconded by Councilman Scott and unanimously carried that the matter be re- . considered. Motion to rescind resolution It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously carried that the Council rescind the action taken in approving the resolution and de- termining the amount of $15,000. Motion for $10,000 figure It was moved BY Councilman Scott, seconded by Council- man Egdahl and unanimously carried that the City go into a two-year contract and each year the cha~ge be $10,000, and at the end of that time, the City reevalu- ate its position and charge pro-rata at that time accord- ing to how many fire stations are ~hen~in the~sy~tem. Resolution offered Offered by Councilman Scott, as amended, the reading of ~he text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES:. Councilmen Scott, Egdahl, Hyde, Gillow, Cox Noes: None Absent: None Gene Coleman Mr. Coleman discussed the slope grading at Bonita 1670 Gotham Street Ridge Estates which he said was "sliding". He checked Chula Vista with the Engineering Division and was told that all Code requirements were met. Mr. CQleman indicated that there was a likelihood of the homes sliding into the canyon area, with the same condition prevailing at the new Ponderosa Subdivision. He asked that the Coun- cil look into the Code requirements and correct this situation .(perhaps having a retaining wall). Motion for staff report It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the staff look into the problem repgrted by Mr. Coleman and report ~ack to the Council as to whether or not any modification of the City's grading ordinance would be appropriate. The report is due in one month. Recess A recess was called at 8:50 p.m. and the meeting re- convened at 9:05 p.m. City Council Meeting -5- October 17, 1978 4. WRITTEN COMMUNICATIONS a. REQUEST TO RECONSIDER On September 12, t978, Dr. Robert Evans a~ked that a EQUESTRIAN TRAIL ON proposed riding and hiking trail presently being con- SURREY DRIVE - structed east of his lot at 355 Surrey Drive be re- Robert Evans routed~ On September 26, the Council accepteda report from staff concerning thi~'request. ~r. Evans re- quested that this matter be recons!dered as he was incorrectly notified of the meeting. ~a~elandwa~ not 'present on September 26. ~ Syd Xinos, Schwerin, Mr. Xinos said h~ was rep~esent~ngRobert EvanS. He Xinos & Associates submitted a plat noting the access~poi. nts on Surrey 1400 Sixth Avenue Drive. The westerly access point is just beyond the San Diego crest of the vertical curveof the 12% grade which comes up to service the homesin that area, which presents a safety ~aza. rd. Mr. xinos asked that the City close this access point and shift it to one off Corral Court. Director of Planning Peterson stated there would bang problem when the homes on' the south side of Surrey, Drive are constructed. The a~Cess points as shown on the plat are needed for fi~e emergency services. F. ire Chief Longerbone said justification for the access point would depend on the amount of growth in the area and ~eather Conditions. Motion to approve staff report It was moved by Councilma~ Scott an~ seconded byMayor H~de that the staff report be aCCepted. Discussion ofmotion Councilman Egda~l questioned the~'terrain of Corral Court 'in shifting the access poin~ tothat location. Substitute motion It was moved by Councilman Egdahl~ and sec6n~ed by Coun- cilman Gi~llow that the staff look into the topography atthe end of Corral Court ~iththe potential of"making this the access point and abandoning~this particular one (Surrey Drive). Dr. Robert Evans ~r. Evans declared that there is a traffic problem" 355 Surrey Drive everydaythat creates a S~fety hazard. This problem Bo~i~ CA will be worse when the developmentTi~ finished. Motion carried The substitute motion carried by.the following vote: AYES: Councilmen Egdahl, Giilow, COx, Hyde Noes: Councilman Scott Absent: None b. ~EQUEST FOR POLICY The C~amber~of Gomme~rce ~equested that the Council con- 'ON PURCHASES OF Sider a ~pprchaSingpol.icy si~ila~ to one adoptedby SERVICES AND SUPPLIES the' County Boardof Supervisors, giving special con-.. · FROMLOCAL CONTRACTORS s'ideration to local contractors and vendors within the AND VENDORS - Chamber County. tn a written s~atement~ the City Manager said of Commerce that the Purchasing Department presently considers proximity to ~ob site, service capability and lead time in evaluation of bids, which is similar to the County policy recently approved. M~tion to accept staff report It ~aS moved by M~yor Hyde, seconded by CoUncilman Egdahl and unanimously carried that the staff report be accepted. City Council Meeting -6- October 17, ~978 c. REQUEST FOR CHANGE OF 'The TownCentre Business and Professional Association TRAFFIC PATTERN IN expressed concern regarding the disruption of traffic DOWNTOWN AREA DURING' and parking on Third Avenue during the construction CONSTRUCTION OF of improvements in the downtown area. They requested IMPROVEMENTS that the City consider changing the traffic on both : Landis ~enue and Church Avenue between E and F Streets to a one-way, clockwise traffic pattern and-that the parking be changed on these streets from parallel to diagonal to increase the parking spaces. Staff recommendation The Acting City Manager.requested the matter be re- ferred to the staff for report before January 1, 1979 and in the meantime, staff will work with the Town Centre group to achieve a reasonable solutiOn~ Motion to accept staff report It was moved by Councilman Cox, Seconded by Councilman Scott and unanimously carried that the staff report be accepted. The staff report is due byIDecember l, 1978. d~ CLAIMS AGAINST (1) A claim in the amount o'f $100,000 was filed by THE CITY Valerie Garcia on October 2, 1978 for personal injury and damages allegedly sustained through the use of a defective City park swing. (2) On October 6, 1958, the C~ty Clerk received.a claim in the amount of $5,000 from Jesse Daniel Martinez for alleged false arrest bythe Chula Vista Police Depart- ment on August 18, 1978. Motion to refer to It was moved by Mayor Hyde, seconded by Councilman Cox insurance consultant and unanimously carried to refer the claims to the insurance consultant for action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde RECONSIDERATION OF PRE- opened the public hearing. ZONING APPROXIMATELY 21 ACRES AT THE NORTHWEST In a ~written report to Council, Director of ~Plannin9 CORNER OF "C" STREET Peterson explained that after a public hearing held on AND NORTH SECOND AVENUE September 19, 1978, the Council introduced. an ordinance FROM R-2 (COUNTY) TO .prezoning the subject area to R-1. Subsequently, the R-l, R-2 OR R-3-L prospective developen ofthe two properties near the northwest corner of "C" Street and Det Mar Avenue ac- quired control of a 1.2 acre parcel at the intersection of the two streets so he how Controls approximately 4.7 a~res and, with this.additional acquisition, any multiple-family development could take its access from "C" Street rather than from Del M~r Avenue. Staff recommended that an ordinance be prepared pre- zoning the northerly and easterly portion of.the 21 acre area to R-1 and R-l-F; and that the 4.7 acres be referred to the Planning Commission with direction to consider R-3-L zoning with leave given to the developer to apply for a density higher than R-3-L. On August 2a, 1978, the Planning Commission certified the Negative Declaration and recommended prezonin9 the property to R-1 in accordance with their Resolution PCZ-78-J. 5a. ORDINANCE - (By concurrence o~ the Council, no action was taken PREZONING APPROXI~ATELY on this item.) 16.3 ACRES NORTH OF "C" STREET, %VEST OF NORTH SECOND AVENUE TO R-I AND R-1-F - FIRST READING City CoUncil Meeting -7- Oc.tober 17,1978 John McEvoy, AttOrney Mr. McEvoy said he iS representing Mitch ARgus, owner 1200 Third Avenue of the properties in question. He referred to a re- San Diego,'CA 92101 designed plan of a project which provides '7 lots of R-1 single-family lots on Del Mar Avenue; 4 R-2 lots along"C'! Street with access off "C" Streetsinto the multiple-residential area Qf R-3-L. He asked Council'S favorable consideration of this prezoning. Speaking for RL13rez6ning Speaking for retaining the R-1 zoning.density were: Peter Watry,.81-Second Avenue; CarOl Smi.t.h, 276 Seavale; Herman Peacher, 202 NixOn ~lace;~james Acton, 2~Ni×Oh Place~ E. Valone, 135 Del Mar Avenue; R. L.~Batte~ton, 209 Nixon Place. They sta~ed ~heir reasons as.(l) preservation of the single'family neighborhood;(2) if higher density is desired, the applicant can' apply for it; (3) area has been taxed R-I all these years; (4) increased t~affic congestion; (5) overcrowding of schools; (6) safe~y ofcbtldren; '(7) preserving the 'enVironment; (8) quality of proposed construction; (9) applicant's revised plan unacceptable to residents; (10) apartments ~re need~d~ butshouldbe located other parts of the City. Robert Vetrecin Mr. Vetrecin said he is representing his parents who 1474 J~mes Court own the two parcels in question (purchased by Mr. Chula Vista Angus). He asked that consideration be given to the fact that his parents ar~ the largest p~opertyrowne~s in this ar~a~the taxes are: $3,000 a year; ~he~ are r~I lying on theincome of the sale"of th~ property; the aesthetic advantages of'the p~oposed development plans. Harriet E. Acton Mrs. Acton addressed the. s'ubjeCt of annexation ~f this 265 Nixon Place area. She Said she is Chairman of the Lower Swee~water Chula Vista Fire ProteCtion District and, in'this respect, re~da statement ~rom County CoUnsel ~hich declared the area was not just an island of.21 acres, bUtis part of the Lower Sweetwater Fi~e Protection District ~rOm'.~hi~ch ~t ~enerates an effective part of its tax base~ If th~s tax base is removed, itwould jeopardizetherest of the ~ire Protection DiStric~ and leave Lincoln A~res, aportion of National City and the CoUnt~ without ade- quate fire protection. Mrs. A~ton a~ked that a joi~t stud~ bemade through the Local Agen~y~Formation Com- mission on the subject of this annexation. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Question of participation COunCilman Egdahl questioned his participation in th~s diS- cussion since he was not present at the first hearing. Attorney Harron stated there was n.o pro em Assistant City bl since this swa~ readvertised as an entirel~ new h~rin~. Councildiscussion Mayor Hyde n6ted that any :annexation action Would first h~ve to .go to the Local Agency Fo'rmation ComL ~ mission for recommendation and report to the Board of Supervisors. Motion for change of It was moved. by Mayor H~de and seconded by Councilman prezoning CO× that the area be prezoned - shown on the map on the board - indicatin9 the mix of R-1 and R-1-F as shown in the dotted area; the 16 acres shown and designated as R-1 and R-1-F be so prezoned and the remaining un- colored area in Exhibit "A" of 5A be:designated as R-2 and in addition to the 16 acres of R-1 and R-l-F, the C~ty Council Meeting -8- October 17, 1978 balance in a prezo~ning pattern of R-2 and R-3-L be referred back to the Planning Commission for'comment. Council discussion Speaking against the motion: Councilman Egdahl re- ferred to the "equity" of R-1 zoning as requested by the majority of the property owners; Councilman Gillow indicated that the property could change hands and the plan as submitted may not be the one developed; Coun- cilman Scott felt the Council should see precise plans of the proposed development. Motion failed The motion failed by the following vote: AYES: Mayor Hyde, Councilman. Cox Noes: Councilmen Egdahl, Gillow, Scott Absent: None 5b. ORDINANCE 1832 It was moved by Counci.lman ScOttthat Ord~nan~esN~ 1832 ADOPTING R-1 PREZONING be placed on its second reading, ~nd that the reading FOR.APPROXIMATELY 21 of the text be waived by unanimous consent of those ACRES AT THE NORTHWEST present. The motion carried by the following vote, CORNER OF "C" STREET AND to-wit: NORTH SECOND AVENUE - SECOND READING AND AYES: Councilmen Scott, Gillow, Egdahl, Hyde ADOPTION Noes: Councilman Cox Absent: None 5c. RESOLUTION NO. 9311 The "C" Street/North Second Avenue island area is the INITIATING "C" STREET/ last of the three island areas to be ~ormally considered NORTH SECOND AVENUE by Council for annexation under the provisions of MORGA. ISLAND TERRITORY The area is located at the northwest quadrant of "C" ANNEXATION UNDER THE Street and North Second Avenue and contains approxi- PROVISIONS OF THE mately 21 acres. MUNICIPAL ORGANIZATION ACT OF 1977 Staff recommended approval of.the annexation under MORGA and detachment of the area from the San Diego CoUnty Flood Control District, Zone ~3, under the pro- visions of the District Reorganization Act Of 1965. ResolutiOn offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Egdahl, Gillow, Scott Noes: None Absent: None 5d. RESOLUTION NO. 9312 Offered by Councilman Scott, the reading of the text INITIATING THE DETACH- was waived by unanimous consent'of those present, MENT O'F THE "C" STREET/ passed and adopted by the following vote, to-wit: NORTH SECOND AVENUE ISLAND TERRITORY FROM AYES: Councilmen Scott, Cox, Hyde, Egdahl, Gillow THE SAN DIEGO COUNTY Noes: None FLOOD CONTROL DISTRICT, Absent: NOne ZONE 3, UNDER THE PROVI- SIONS OF THE DISTRICT REORGANIZATION ACT OF 1965 City Council Meeting -9- October 17~ 1978 6. PUBLIC HEARING - This being the time and place as advertised, Mayor CONSIDERATION OF TENTA- Hyde opened the public hearing. TIVE SUBDIVISION MAP PCS-79-6 FOR CASA VERDE, The applicant submitted a tentative subdivision map, 295 "D" STREET Casa Verde, for the conversion of an existing 6-unit apartment into a one-lot condominium project at 295 "D" Street in the R-3-G zone. The project is exempt from environmental review as a class l(k) exemption. On September 13, 1978, the Planning Commission recom- mended approval in accordance with their Resolution PCS-79-6. Director of Planning Peterson reviewed Council aCtiOn taken in regard to the La 8onita apartment conversion, noting as a condition of approval that the developer is required to comply with whatever conditions for condo- miniums or condominium conversions exist at the time of filing the final map. He said this makes it difficult for the developer to complete plans, suggesting that the applicant should have a definite answer at the tentative map stage. He further noted that the Planning Commis- sion vote was split - 4 to 2 - with two Commissioners expressing concern that no conversions should be allowed until such time as standards have been adopted. Syd Xinos Mr. Xinos, representing Ray Burgess, the applicant, Schwerin, Xinos & Associates concurred with comments made by Mr. Peterson and the 1400 Sixth Avenue staff's recommendation on the project. He also em- San Diego, CA 92101 phasized the importance of the developer knowing where he.stands at the time of approval of the tentative map, Public hearing closed There being no further comments, either for orsagainst, the public.hearing was declared closed. Condominium conversion Director of Planning Peterson said that the condominium standards under conversion matter is before the Planning Commission and consideration it is anticipated that their recommendation wi'll be brought to the Council about mid-November, 1978. Motion to continue this It was moved by'Mayor Hyde and seconded 6y Councilman matter Egdahl that this matter be continued until after the Council has received and acted upon a condominium con- version policy. Council discussion followed concerning scheduling this item for the same agenda as the conversion policy, taking into consideration the time element involved. Motion restated and Mayo~ Hyde restated the motion - to continue this carried matter to the Council meeting at which the Council will hear th~ proposal from the Planning Commission for a condominium conversion policy. Councilman Egdahl concurred as the second and the motion carried unanimously. 6a. RESOLUTION (Continued to the same Council meeting at which the APPROVING TENTATIVE Council will consider a condominium conversion policy.) SUBDIVISION MAP FOR CASA VERDE, 295 "D" STREET City Council Meeting -lO- October 17, 1978 7. PUBLIC HEARING - This being the time and p'lace as advertised, Mayor CONSIDERATION OF A POLICY Hyde opened the public hearing. FOR THE CONSERVATION OF ENERGY AND WATER WITHIN Pursuant to Council instruction, the Planning Depart- THE CITY OF CHULA VISTA merit and the Department of Building and Housing prepared a "Policy for the Conservation of Energy and Water within the City of Chula Vista." On June 27,1978, the Council accepted the draft Policy and referred it to the Plan- ning Commission which recommended that the Negative Declaration IS-78-58 be certified and the Policy adopted in accordance with their Resolution PCM-79-6. Energy conservation Acting City Manager Asmus reported that the Comprehen- proposal develQped by sive Planning Organization (CPO) has developed a re- Comprehensive Planning gional energy conservation proposal that will be before Organization the Council in the near future. Director of Planning Peterson said this proposal is presently being re- viewed by the Building and Housing and Public Works Departments and they should have their reports to Council in three to four weeks. Motion to continue It was moved by Mayor Hyde that this matter - this hear- this item ing - be continued until one month following the con- sideration of the CPO proposal on the same subject that will be before the City Council. Council discussion followed concerning continuing the matter to a time certain. Motion restated and It was moved by Mayor Hyde, seconded by Councilman Scott carried and unanimously carried that this matter be continued until December 19, 1978. 7a. RESOLUTION (Continued until December 19, 1978.) ADOPTING THE POLICY FOR THE CONSERVATION OF ENERGY AND WATER WITHIN THE CITY OF CHULA VISTA CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Council- (Items 8 through 18) man Cox and unanimously carried that the Con~en~ Calendar be approved and adopted, Item 17 having been deleted from the agenda by staff. 8. RESOLUTION NO. 9313 One of'.the conditions for approvalby the Planning Com- ACCEPTING EASEMENT FOR mission of a conditional use permit at 407 "E" Street STREET PURPOSES FROM was forthe owners to dedicate street right of way at THRIFTY Ot'L COMPANY, the northwest corner of Fourth Avenue and ~"E" Street. NAMING AND DEDICATING On September 29, 1978, Mr. Ted Orden, President of IT AS "E" STREET Thrifty Oil COmpany, granted the required easement. 9. RESOLUTION NO. 9314 After a public hearing on September 12, 1978, the Coun- APPROVING AGREEMENT FOR cil directed that a resolution be prepared fort the de- DEFERRAL OF UNDERGROUNDING ferral of undergrounding ~he 12,000 volt distribution REQUIREMENTS AT 1045-1095 lines of both "A" and "B" at 1045-1095 Bay Boulevard. BAY BOULEVARD 10, RESOLUTION NO. 9315 On May 24, 1978, the Planning Commission approved Mr. APPROVING LIEN AGREEMENT W~imer's request for a deferral of the public improve- FOR DEFERRAL OF PUBLIC ments at 1180 Walnut Avenue since the Council had di- IMPROVEMENTS AT 1180 rected that an Improvement Act District be formedto WALNUT AVENUE - WEIMER construct all the improvements in Walnut Avenue. The deferral was conditioned upon theI execution of alien agreement to guarantee future installation upon written notice by the City. City Council Meeting ~11~ October 17, 1978 ll. RESOLUTION NO~ 9316 Property owners, James and Patricia Watkins, made ar- RELEASING LIEN ON PROPERTY rangements with the developers of Bonita Ridge Estates AT 3850 PALM DRIVE - Unit No. 3 for the completion of deferred public im- JAMES & PATRICIA WATKINS provemerits at 3850 Palm Drive. The developers have now certified that they have been fully reimbursed by the Watkins. The Council has accepted the public improve- ments and it is appropriate that the lien against the property at 3850 Palm DriVe be released. t2. RESOLUTION NO. 9317 The Council awarded the contract for conStrUction of GRANTING A 52-DAY traffic signals on Telegra"ph Canyon Road to ~Perry Elec- EXTENSION FOR THE tric Company, with the work to be done in ~onjunction' INSTALLATION OF TRAFFIC with improvements being constructed by the develOper of SIGNALS ON TELEGRAPH E1 Rancho del Rey Unit No. 5, now schedUl~ to be com- CANYON ROAD AT PASEO pleted in November, 1978. The staff recommended that a DEL REY AND BRANDYWINE 52-day extension be granted to Perry Electric (to De- AVENUE cember 30, 1978) to complete the siOnals, which cannot be done until the road work is finished. 13. RESOLUTION NO. 9318 John and Ellen Stewart, owners of property at 515 Otay ACCEPTING EASEMENT FOR Valley Road, are proposing to improve this property for STREET PURPOSES FROM use as a storage area and have voluntarily granted the JOHN AND ELLEN STEWART City an easement for street purposes. AND NAMING AND DEDICATING ITAS OTAY VALLEY ROAD 14a. RESOLUTIONNO..9319 One of the conditions for the issuance of a'building per- ACCEPTING STREET EASEMENT mit at 1590 East "H" Street was for the Church of Latter FROM THE CHURCH OF LATTER Day Saints to grant an easement to the City for street DAY SAINTS AND NAMING AND purposes. DEDICATING AS EAST "H" STREET 14b. RESOLUTION NO. 9320 As one of the conditions for the issuance of a building ACCEPTING EASEMENT FOR permit, the Church of Latter Day Saints granted the STREET TREE PURPOSES City an easement for street tree'planting and mainte- FROM THE CHURCH OF nance at 1590 East "H" Street. LATTER DAY SAINTS 14c. RESOLUTION NO. 9321 On September 27, 1978, the Church of Latte~ Day Saints ACCEPTING 1-FOOT CONTROL granted certain real property to the City for a one- LOT FROM THE CHURCH OF foot control lot along.the northerly and westerly sides LATTER DAY SAINTS of the easement for street purposes on East "H" Street. 15.. RESOLUTION NO. 9322 McMillin Realty applied for an encroachment permit on APPROVING ENCRO/~CHMENT Open Space Lot 156, Bonita Ridge Estates Unit No. 3, PERMIT #78-22, TRAILER to park a trailer to be used as a sales office from FOR SALES OFFICE October20, 1978 to April 1, 1979. BONITA RIDGE ESTATES NO. 3 16. RESOLUTION NO. 9323 D.L. Muns Engineering and Building Contractors have com- ACCEPTING PUBLIC IMPROVE- pleted the construction of the "G" Street :Relief Sewer MENTS, "G" STREET RELIEF' in accordance with the contra~t documents awarded on SEWER, BETWEEN FOURI~H June 13, 1978, Resolution No. 9137. AND THIRD AVENUES 17. RESOLUTION (This item was deleted from the a9enda at staff's request.) APPROVING HOLD NARMLESS ~GREEMENT BETWEEN THE CITY AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR K-9 OPERATIONS City CounCil Meeting -12- - October 17, 1978 18a. RESOLUTION NO. 9324' One Of the conditions of approval of Tentative Parcel ACKNOWLEDGING .IRREVOCABLE Map 8-78 required that. the owners grant the City an OFFER FROM ~jO~GE AND : Irrevocable Offer to Dedicate R~alPro'perty for Pepper EVA LEAL Tree Road. A lO-foot wide Str~p along Pepper Tree Road was granted to the City by Jorge and Eva Lea~ on August 1, 1978. ~Bb~ RESOLUTION NO. 9325 As one of the conditions. of approval of TentativePar- ACCEPTIN~ EASEMENT FOR cel Map 8-78, JOrge and Eva Lealgranted a 3~5-foot STREET TREES FROM wide street tree easement along the ultimate right of JORGE AND EVA LEAL way of Pepper Tree Road adjacent to their property. (END OFCONSENT CALENDAR)'f.~ RECESS A recess was called a~ lO:45p.m. and ~he ~eting re- convenedatlO:50 p.m. RESOLUTIONS AND ORDINANCES, ~IRST READING 19. RESOLUTION NO. 9326 OnAugust 22, 1978, the Council approved a' plan to con- APPROVING FUNDS TO struct a jogging trail outside the boundaries of t~e CONSTRUCT A JOGGING TRAIL Chula Vista Municipal Golf Course at an estimated cost of $3,500. The approved plan was centingentIlupon the County of San Diego and the Bonit~Optimist Club g:ran~- in9 permission touse their property for the trail. Such permission has now been received. Resolution offered Offered by Mayo~ Hyde, the readinglOfthe text was.. waived by unanimous cons'ent of those pre8ent~ passed and adopted by the following vote, to-wit: AYES: C'ouncilmen Hyde, Scotts, ~gdahl, Gillow, Cex Noes: None Absent: None 20. RESOLUTION NO. 9327 An agreement has been 'prepared for t~e Del R~yNutrition APPROVING AN AGREEMENT Program, in the amount of $3,000. WITH DEL REY NUTRITION PROGRAM FOR EXPENDITURE OF CITY-APPROPRIATED FUNDS (Continued from 10/3/78) Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Gillow Noes: Councilmen Egdahl, Scott Absent: None 21. RESOLUTION NO. 9328 Ponderosa Homes requested permisSi6n to encroach into AUTHORIZING ENCROACH- the public right of way of Surrey Drive east of Camino MENT INTO PUBLIC RIGHT del Cerro Grande to temporarily close off that portion OF WAY ON SURREY DRIVE - of the street and develop it as a park-like area for PONDEROSA HOMES their model homes. (Continued from 10/3/78) Resolution offered Offered by Mayor Hyde, the reading of the ,text was waived byunanimous consent of those present, passed and adopted by the following vote, to-w~t: AYES: Councilmen Hyde, Cox, Gillow NoeS: Councilmen Scott, Egdahl Absent: None City Council Meeting -13- O~tobe~ 17, 1978 22a. RESOLUTION NO. 9329 E~nis Enterp~i'seS, Inc., was awarded the contract for APPROVING EXTENSI'ON OF dred~ing three irrigation la~kesat the Chula Vista TIME - MUNICIPAL GOLF MUnicipal Golf Course. The Contractor ~equestedlan COURSE LAKE DREDGING tension of time as delays in dredging have occurred be- cause of equipment breakdown, difficulty in obtaining replacement parts, and because de-watering of the dredged -material is taking longer than anticipated. Staff re- viewed the request and recommended that it be approved, with completion date extended to October 9, 1978. Resolution offered Offered by Mayor Hyde, the reading of ~he text was waived by unanimous ~onsent of t~ose present, passed and adopted ~y!the following ~ote, to-wit: AYES: Councilmen Hyde, Cox, Scott, Egdahl, Gillow Noes: None Absent: None 22b. RESOLUTION NO. 9330' Ennis Enterprises, Inc., h~ completed the dredgiBg of ACCEPTING PUBLIC IMPROVE- three lakes at the Municipal Golf Oourse in accordance MENTS, CHULA VI.STA with contra~t specifications and plansT MUNICIPAL GOLF COURSE LAKE DREDGING Resolution offered Offered by CounCilman Cox; the reading of the text was waived b9 .unaHimOus 'consen~ of those present, passed and adopted by the following vote,'to-wit: AYES: Councilmen Cox, Hyde, Scot~,~Egdahl, Gil~ow Noes: None Absent: None 23. RESOLUTION NO. 9331 The City's proposal to operate a South Bay Seniors' In- APPROVING AGREEMENT formation and Referral Services Center for a period BETWEEN THE CITY OF CHU[A ei~ght and one-half months has been'apprised by the VISTA AND THE C00NTY OF C~unty Area Agency on Aging (AAA). Staff recommended SAN DIEGO FOR THE CITY TO that the Council appropriate the grant funds in the PROVIDE SENIOR INFORMATION amount of $17,500 and establish a-RecreatiOn Supervisor AND'REFERRAL SERVICES TO position-for the .p~ogram in the Parks and Recreation THE SOUTH BAY AREA Department to'meet the terms Of the grant. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of tho~epresent~passed and adopted by the following vote, tO-wit~ AYES: Councilmen Hyde, Scott, Cox, Egdahl, ~Gillow Noes: None Absent: None 24. RESOLUTION NO. 9310 (See page 3 of.the minutes.) APPROVING DISPATCHING AGREEMENT'WITH 'MONTGOMER~ FIRE ~ROTECTION DISTRICT City Council Meeting -14- October 17, 1978~ 25. RESOLUTION NO. 9332 On September 28,1978, bids were~eceiVed for the ACCEPTING BIDS AND Street Overlay Program - 1978~79 -Fifth Avenue from AWARDING CONTRACT FOR .ji, Street to "L!' Street, Naples Street from Third CONSTRUCTION OF THE Avenue to Tobias Drive, "E" Street from I-5 to Broadway. 1978-79 STREET OVERLAY Subsequent to Council approval of the Program, two ad- PROGRAM AND AUTHORIZING ditional alleys/streets were referred to staff: the INCREASE IN SCOPE OF WORK alleys located east and west of Third Avenue between "E" and "F" Streets; and Oleander Avenue between Telegraph Canyon Road and 100 feet south of Manzanita Street. Staff recommended that the bid be awarded'to V. Dennis Construction Company (low bidder) in the amount of $66,834.66. Resolution offered Offered by Councilman S~ott, the reading of thetext. was waived by unanimous consent of. those p~esent, passed and adopted by the following vote, So-wit: AYES: Councilmen Scott, Hyde, Cox, Egdahl, Gillow' Noes: None Absent: None 26. RESOLUTION NO. 9333 Last month, the Redevelopment Agency approved a Disposi- APPROVING AN AGREEMENT tion and Development Agreement with Mr. Richard Zogob BETWEEN THE CITY AND for the development Of the entire Town Centre I Focu~ TOUPS CORPORATION FOR Area (minus.the Alpha Beta Shopping Center). The THE PREPARATION OF DRAFT Agreement requires the RedevelopmentAgency. to complete AND FINAL ENVIRONMENTAL the environmental reports for FOcus Area development. IMPACT REPORTS AND The scope of the project and the contract amount of APPROPRIATING FUNDS $6,300 were negotiated with Toups COrporation since 'they are currently. preparing the envi.~onmental docu- ments for the residential development. Resolution offered Offered by Councilman Scott, the reading, of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Cox, Egdahl,'Gillow Noes: None Absent: None 27. REQUEST FOR FUNDING - The South Bay Economic Development Corporation re- SOUTH BAY ECONOMIC quested funding from the City in the amount of $10,000. DEVELOPMENT CORPORATION Last fiscal year, the City provided $5,000 to theSBEDC (Continued from 10/3/78) with the requirement that an audit statement be sub- mitted by August 15,1978. To date, this has not been received. A tentative budget has been prepared by the SBEDC in- dicating support by theCity of San Diego in the amount of $4,500; and$20,O00 appropriated by the County, con- tingent upon funding participation by the Cities of San Diego, Chula Vista and National City, ~onal d W. Perry Mr. Perry confirmed that the aud~ t will be completed Corporate Secretary in three to four weeks. He said that a presentation South Bay Economic will be made next week to the City Council of National Development Corporation City to request support and a favorable response is anticipated. Mr. Perry gave a brief outline of the Corporation's history and goals - to assist in establishing new industries and related jobs in the South Bay area. He presented graphs and charts to demonstrate the City Council Meeting -15- October 17, 1978 effect of their efforts and to show a benefit/cost ratio.. John E. Luff Mr. Luff said his company has been located in Chula Vice President Vista approximately 2-1/2 years and anticipates em- Air Cushion Systems ploying 200 to 300 people in the next 18 months. He 290A Trousdale Drive commended the SBEDC for the professional services Chula Vista rendered to his company and urged support of their request for funding. Russ Crane Mr. Crane discussed the efforts made by the Corporation, 3344 Poe Street on a non-profit basis, to create jobs and build the San Diego economy of the area. He asked that the Council support. (Member of Board of Directors, the request in the best interest of the community. SBEDC) Eugene Coleman Mr. Coleman discussed the boundary of the "South Bay" 1670 Gotham Street area and questioned the rationale~of the City of Chula Chula Vista Vista for funding the Corporation in the amountof $10,000, stating the City of San Diego will benefit the most for their contribution of $4,500. He'asked if the benefits to the City could be justified for the amount of funding requested. Council discussion Council discussion ensued regarding sources of funding, limited funds available, method of computing the $10,000 amount (basically on population), tax base and the tax return from industrial development. Efrain Conrique Mr. Conrique explained that the City of San Diego was SOuth Bay Econom~C requested to participate to the extent of $10,000, funds to the same level as a ~ 1'0% - or $4,500. He noted that Chula Vista is ~he largest city in the South Bay area, with approximately 36% of the population and a concentrationof shopping centers; thus, it was felt the benefits to'the City would justify the $10,000 amount. Speaking in favor of funding Councilman Cox Spoke in favor of approving the request, stating that there would be benefits from the jobs crea~ed for Chula Vista citizens in the entire area, the related taxespaid-to the City, includ~ing sales tax, with a cost savings in the resulting decrease unemployment figures. Motion toapprove request It was moved by Councilm~n Cox 'and seconded byCouncilman for funds in amount of $10,000 Gillow that the City fund the South Bay Economic De- velopment CorpOration at $10,000, as per their request originally submitted in May. Concern regarding audit Councilman Egdahl expressed his concern.that the audit requested has not yet been submitted'and that the Coun- cil does not have the specific recommendation of the Mayor's Economic Advisory Committee as the Committee has not yet had an opportunity to review the work pro- gram and fiscal year budget. Motion failed The motion to fund the South ~Bay Economic Development Corporation failed by the following vote, to-wit: Ayes: Councilmen Cox, .Gillow NOES: Councilmen Hyde, Egdahl, Scott Absent: None City Council Meeting -16- October 17, 1978 ContinUation of remaining Mayor Hyde suggested, in view of the.late hour, that agenda items the Council consider a continuation of the meeting until Thursday (October 19) at 4:00 p.m. to complete the balance of this .agenda, with time for an Executive Session for personnel matters (negot.tal~iOns) and litigation. Motion'to adjourn meeting It was moved by Mayor Hyde, seconded by Councilman to Thursday, October 19 at Scott and unanimously carried that the meeting bead- 4:00 p.m. journea shortly to continue it on Thursday afternoon (October 19) at 4:00 P~m. in the Counci'l Conference room. Appointment to Mayor Hyde said he would like to, appoint Merritt Environmental ,Control Hodson to the Environmental Control Commissi~nl Commission Historical Site Board, and asked for ratification. Motion to approve It was moved by Councilman Scott, seconded by Council- appointment man Cox ano unanimously carried that the appointment 3e ratified. MOtion to reconsider funding, It was moved by Councilman Cox, seconded by Council- for the South Bay Economic man Gillow and .unanimously carried that t~e Council Development Corporation reconsider this matter ~t a later time, when the at a later time SBEDC has their final audit and the ~nforma~ion re- quested by Councilman Egdahl. ADJOURNMENT Mayor Hyde adjourned the meeting at 11:42 p.m. t~ reconvene at 4:00 p.m. on Thursday, October 19, 1978 in ~he Council Conference'Room, City Hall,' to com- plet~ the agenda. MINUTES OF fMN' ADJOUKNED REGULAR MEETING OF THE CIIY COUNCIL OF THE CITY OF CIIULA VISTA, CALIFORNIA !teld 6:00 p.m. - Tuesday October 17, 1978 The Council met mn the Council Chmnber at the C,ty Hall, 276 Fourth Avenue: on the above date at 6:00 P M~ with the foilowxng Councxlmen present: COUNCILMEN Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott Absent: None ADJOURNMENT The Mayor adjourned the meeting at 11:42 p.m. until Thursday, October 19, 1978 at 4:00 P,M in the ~lriix~' (Council Conference Room)~ City Hall, 276 Fourth Avenue, Chula Vista, California° I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, t~ue and cozzeet copy of an order adopted by the City Council at the meeting of October 17, 1978 STATE OF CALIFORNIA AFFIDAVIT OF POSTING ORDER COUNTY OF S~q DIEGO ss OF ADJOUrNmeNT OF MEETI~]G 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 Tuesday, October 17, 1978 and said meeting was adjou. rned to the time and place specified in the order of adjournment ATTACHED HERETO: That on October 18, 1978 at the hour of 10:00 a.m. 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 0ct0ber 17, 1978 was held. //~/~F~ ~ 1 e rk Subscribed and sworn to before me this 18th day of October 1978 ubl~ ~ ~ C JANE A. D~ED C y d f ty ~AN 22 NOTICE OF COUNCIL MEETING CANCELLATION NOTICE IS HEREBY GIVEN THAT THE CITY CO~CIL ~,~FTING OF OC~BER 10, 1978 IS HFR~BY CANCELLED DUE TO A LACK ~F OUOR~BI. ~E ~XT RFGU~R SCHEDULED H~FTING OF ~ CI~ COUNCIL WILL BF HELD ON ~SDAY, OC~BER 17, 1978 at 6:00 P.~{. ~!E CO~CIL WILL RECESS TO EXEC~IVF SESSION AT 6:00 P.~. FOR NEGOTIATION PURPOSES A~ THFN COhereNCE THE RFGU~R ~ETING AT 7:00 P.P4. Dated: October 10, 1978