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