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HomeMy WebLinkAboutcc min 1979/05/22 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. May 22, 1979 A regular meeting of the City Council of the City of Chula ViSta, California, ~as held on the above date beginning at 7:00 p.m. in the Council Chambers, P'ublic Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Deputy City Manager Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Parks and Recreation Mall, Director of Building and Housing Grady, Director of Finance Grant, Transit Coordinator Bloom, Administrative Analyst Swartfager. 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 Gillow, seconded by Councilman Scott and unanimously carried that the minutes for the meetings of May 12, 14, 15 and 16, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY (None.) 3. ORAL COMMUNICATIONS James Matherly Mr. Matherly spoke against the Conrprehensive Planning Orga- 402 Oaklawn Avenue nization's application #55 requesting federal funds in the Chula Vista amount of $818,258. He also reiterated comments made previ. ously in opposition to the guideway transit project. 4. WRITTEN COMMUNICATIONS (None.) PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF ESTABLISH- opened the public hearing. ING UNDERGROUND UTILITY DISTRICT ON THIRD AVENUE By Resolution 9578, the Council ordered a public hearing to FROM HERMOSA AVENUE TO "L" be held to determine whether public necessity, health, safe1 STREET or welfare required the formation of an underground utility district on Third Avenue from Hermosa Avenue to "L" Street. On April 18, 1979 the County Board of Supervisors passed an ordinance approving the formation of the District and re- quested that the City of Chula Vista establish an undergrou~ utility district to include those portions lying within the City. There will be no cost to the City other than adminis- trative expenses. City Engineer Lippitt described the properties located in the Chula Vista City limits which will need to convert to underground service as they are served by lines located in the County. He said the San Diego Gas & Electric Company will fund the cost of the undergrounding. Held Tuesday - 7:00 p.m. - 2 - May 22, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES fCont.] Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Sa. RESOLUTION NO. 959S Offered hy Councilman Egdahl, the reading of the test ESTABLISHING UNDERGROUND waived by unanimous consent, passed and adopted by the UTILITY DISTRICT ON THIRD following vote, to-wit: AVENUE FROM HERMOSA AVENUE TO "L" STREET AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 6, PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing. PLAN FOR DEVELOPMENT OF 0.88 ACRE PARCEL AT 1887 The applicant submitted a precise plan for the development NIRVANA AVENUE IN OTAY of a 38,S00 sq. ft. (0.88 acre) parcel located at 1887 INDUSTRIAL PARK Nirvana Avenue in the I-P zone. The plan conforms to the development guidelines established for the Otay Industrial Park as approved by Council. Director of Planning Peterson described the building and , noted that 28 parking spaces have been provided for the 13,000 sq. ft. building area, which is more than required by the ordinance. He said the Planning Commission recom- mended approval of the Plan in accordance with their Reso- lution No. PCM-79-22 and staff concurs with that recommen- dation. Errel W. Bruce Mr. Bruce said he was representing the Valle Verde Con- 7925 Linen Dr. struction Corporation and in answer to a question from the Santee CA 92071 Council, he said the building as proposed is speculative, but it was planned for light industrial and warehouse use. Parking requirements In response to a question from Councilman Egdahl, Director exceeded of Planning Peterson discussed the parking requirements of the ordinance and said these requirements are reviewed at the time of application for a business license. He further stated, in addition to exceeding requirements for the build- ing area, the parking exceeds the requirements for wholesale and warehouse uses or manufacturing uses which may be per- mitted in this area. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 6a. RESOLUTION NO. 9596 Offered by Councilman Cox, the reading of the text was waived APPROVING PRECISE PLAN by unanimous consent, passed and adopted by the following FOR CONSTRUCTION OF vote, to-wit: 13,000 SQ. FT. BUILDING AT 1887 NIRVANA AVENUE IN AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott OTAY INDUSTRIAL PARK Noes: None Absent: None 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF AMENDMENT opened the public hearing. TO THE CITY CODE RELATING TO PANHANDLE (FLAG) LOTS Director of Planning Peterson stated that over the past OR LOTS SERVED BY AN years the Planning Commission has granted variances from EASEMENT the minimum lot frontage requirements in the single family and two family residential zones permitting the creation of panhandle (flag) lots and lots served by an easement. He said the variance procedure does not fit these kinds of developments very well, therefore, amendments to the Code establishing regulations and guidelines governing the development of panhandle lots are proposed. Held Tuesday - 7:00 p.m. - 3 ~ May 22, 197~ PUBLIC HBARINGS AND RELATED .RESOLUTIONS AND ORDINANCBS CCont.l The Planning Commission recommended adpption of the amendments in accordance with their Resolution PCA-?9-5 and staff concurred. "Panhandle" and "flag" In answer to a question from Councilman Gillow as to whether lots the same there is a difference between "panhandle lots" and "flag lots", Mr. Peterson said they are the same thing, but because both terms are used, they were included in the amendment. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 7a. ORDINANCE NO. 1868 It was moved by Mayor Hyde that this ordinance be placed AMENDING CHAPTERS 19.22, on first reading and that the reading of the text be 19.24 and 19.26 OF THE waived by unanimous consent. CITY CODE RELATING TO PANHANDLE (FLAG) LOTS, AND LOTS SERVED BY AN EASE~NT - FIRST READING Concern regarding Councilman Scott referred to paragraph E of Sec. 19.22.150 wording of paragraph E, of the proposed ordinance reading: "Not more than four lots Section 19.22.150 served by a private road or easement shall be allowed under this provision unless this restriction is waived hy the Director of Planning or City Council." He asked for clari- fication as to when the Planning Director or the Council is involved and expressed concern regarding the interpretation of this wording. Mr. Peterson said in the case of tentative maps, councii approval is required; and lot splits involving four or more parcels are processed by a parcel map and handled by the staff. Ordinance placed on The motion to place the ordinanae on first reading carried first reading by the following vote, to-wit: AYES: Mayor Hyde, Councilmen GilloW, Scott, Cox, Egdahl Noes: None Absent: None Motion for report It was moved by Councilman Scott and seconded by Mayor Hyde in one year that this particular ordinance come back to the Council in one year with a report on any problems that may or may not have come up, both as to implementation and specifically as to the language ambiguity. Addition to motion City Attorney Lindberg suggested further language that "if during the course of the year there is difficulty, that this, being an administrative matter, would not require the full hearings before the CommissiOn and the Council hut could be brought back at any time." Motion carried Councilman Scott included the Suggested language in his motion, Mayor Hyde agreed to the second and the motion carried unanimously. CONSENT CALENDAR It was moved by Councilman Gillow and seconded by'Councilman (Items 8 through 13) Cox that the Consent Calendar be approved and adopted. Held Tuesday - 7:00 p.m. - 4 - May 22, 1979 CONSENT CALENDAR (Cont.) Memorandum from Mayor Hyde referred to a memorandum received this evening City Attorney from the City Attorney regarding Item 9 on the Consent Calendar and offered Councilmembers an opportunity to review it before voting on tim motion. Mr. Lindberg explained that Item 9 was in reference to Chula Vista Tract No. 79-14 (Town Centre - Townsite Tract No. 1) and said there are certain matters still remaining to be resolved; however, approval this evening will allow the City to move forward and rectify any discrepancies that may exist and the recorded copy will fully comply with all of the ordinance requirements. Consent Calendar adopted The motion to approve and adopt the Consent Calendar carried unanimously. 8. RESOLUTION NO, 9S97 On May 11, 1979 David B. Richardson executed an easement ACCEPTING EASEMENT FROM granting to the City a parcel of land having an area of DAVID B. RICHARDSON FOR 1S3~ square feet, which is necessary to provide a sidewalk STREET PURPOSES AND along the proposed cul-de-sac at the northerly end of Walnut DEDICATING AND NAMING A Avenue. The road improvements will be constructed under PORTION AS WALNUT AVENUE the 1911 Act proceedings. 9. RESOLUTION NO. 9S98 The Final Map for Chula Vista Tract No. 79-14 (Town Centre- APPROVING FINAL MAP AND Townsite Tract No. 1) has been checked by the Engineering SUBDIVISION IMPROVEMENT Department and found to be in conformity with the Tentative AGREEMENT FOR CHULA VISTA Map approved by Resolution No. 9463. The map includes the TRACT NO. 79-14 - TOWN dedication of a portion of Fourth Avenue, CENTRE TOWNSITE TRACT NO. 1 The agreement provides for the installation of public improvements. Staff recommended the approval of the final map be conditioned upon submittal of fees, bonds and required assurances from the School Districts and the Sweetwater Authority within a 60-day period. 10. RESOLUTION NO. 9S99 A trial traffic regulation has been in effect for eight ESTABLISHING NO PARKING months: Schedule III - Parking Prohibited at All Times on ZONES ON EAST "L" STREET East "L" Street beginning at a point 120 feet west of Monserate Avenue and ending at Monterey Court on both sides. Installation of left turn lanes on East "L" Street necessi- tated the removal of on-street parking in this area. 11. RESOLUTION N0. 9600 A trial traffic regulation has been in effect for eight ESTABLISHING STOP SIGNS months: Schedule II - Special Stops required at Crest ON DOUGLAS STREET AT Drive/Douglas Street with traffic stopped on Douglas Street HALECREST AND CREST DRIVES (2 signs), and at Halecrest Drive/Douglas Street with traffic stopped on Douglas Street C1 sign). It was recommended that the regulations be made permanent. 12. RESOLUTION NO. 9601 Ms. Harriett R. Stone submitted a request to vacate a segment DECLARING THE INTENTION of Madison Avenue running southerly 290 feet from "H" Street. OF THE COUNCIL TO VACATE She owns all properties on the east and west sides of the PUBLIC STREET (MADISON subject street and is planning to renovate the properties AVENUE SOUTH OF "H" STREET) adjacent to Madison Avenue, using the vacated portion for AND FIXING TIME AND PLACE additional parking and landscaping. Staff recommended June FOR A PUBLIC HEARING THEREON 12, 1979 at 7:00 p.m. in the Council Chambers be set as the date and place for the public hearing. Held Tuesday - 7:00 p.m. - 5 - May 22, 1979 CONSENT CALENDAR (Cont.) 13. RESOLUTION NO. 9602 This resolution memorializes the action of the Council on AN~NDING THE GENERAL May 16, 1979 to change the General Plan for a three acre PLAN FROM HIGH DENSITY area at the southeast corner of Bonita Road and Otay Lakes RESIDENTIAL TO RETAIL Road. COM~{RCIAL FOR A THREE ACRE AREA AT THE SOUTH- EAST CORNER OF BONITA ROAD AND OTAY LAKES ROAD (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 14. RESOLUTION NO. 9603 The contract for the installation of the street lights on GRANTING A 16-DAY Third Avenue ("G" to "H" and "I" to"K") was awarded to EXTENSION FOR THE Perry Electric, with a completion date of May 23, .1979. A INSTALLATION OF STREET request was received for a time extension on this project LIGHTS ON THIRD AVENUE - due to a delay in the receipt of the luminaires. Documen- "G" TO "H" AND "I" TO tation of the delay from General Electric has been received "K" STREETS by staff. It was recommended that a 16-day extension be granted with the project to be completed by June 8, 1979. - Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott Noes: None Absent: None 15. RESOLUTION N0. 9604 The contract for traffic signal improvements at Broadway/ GRANTING A 15-DAY "L" Street was awarded to Arrow Electric, with the project EXTENSION FOR THE CONTRACT to be finished by May 27, 1979. The contractor requested TO INSTALL TRAFFIC SIGNAL an extension due to a delay in receipt of the signal poles, IMPROVEMENTS AT BROADWAY/ which has been confirmed by the manufacturer. Staff recom- "L" STREET mended that a 15-day extension be granted wi'th the project to be completed by 3une 11, 1979. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, pas~ed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott · Noes: None Absent: None 16a. RESOLUTION NO. 9605 By Resolution No. 9399 the Council accepted a petition for ADOPTING DISTRICT BOUNDARY street improvements in the 1100 block of Walnut Avenue MAP OF THAT CERTAIN AS- and directed the City Engineer to proceed with the formation SESSMENT DISTRICT KNOWN of an Improvement Act Assessment District. Section 3110 of AS THE WALNUT AVENUE 1911 the Streets and Highways Code requires that a resolution be ACT ASSESSMENT DISTRICT - adopted describing the proposed boundaries of the district, FROM 192 FEET NORTHERLY which shall be by reference to the map of the assessment OF PALOMAR STREET TO 735.5 district, and such map shall govern all details as to the FEET NORTHERLY extent of such district. Offered by Councilman Scott, the reading of'the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None Held Tuesday - 7:00 p.m. - 6- May 22, la7~ RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.l 16b. RESOLUTION NO. 9606 Staff prepared preliminary plans and cost estilaate for this APPROVING PLANS, SPECIFI- project and held a meeting on Ma~chl2, 1979 with the area CATIONS, AND COST ESTIMATE residents who accepted the proposed improvement plan, FOR THAT CERTAIN ASSESSMENT subject to minor corrections which have since been incorpO- DISTRICT KNOWN AS THE rated in the plan. The improvements to be installed include WALNUT AVENUE 1911 ACT AS- curb, gutter, sidewalk, driveways, street paving, sewer SESSMENT DISTRICT - FROM facilities, street light and relocation of water facilities. 192 FEET NORTHERLY OF Total project cost, including incidentals, is estimated at PALOMAR STREET TO 735.5 $98,028. FEET NORTHERLY No provision for In reply to a query from Mayor Hyde concerning provisions street trees for street trees, City Engineer Lippitt stated sinCe this is an industrial subdivision, no provisions have been made for street trees as the easements for trees required behind the right of way are not normally used in 1911 Act Districts. Council discussion Council discussion ensued and it was determined that the cost of street trees would be minimal and they could be included. Petition signed by In answer 'to questiQns from the Council concerning objection~ 70% of property owners from residents, City Engineer Lippitt reported that a pe- tition is on file signed by 70% of the' property owners in the district by area. - Resolution offered Offered by Councilman Scott, the reading of the text was waived by,unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 16c. RESOLUTION NO. 9607 The Streets and Highways Code requires that the Council GIVING NOTICE OF INTENTION adopt a Resolution of Intention before ordering any work AND ORDERING CERTAIN WORK to be done under the Improvement Act of 1911. Properties TO BE DONE AND IMPROVEMENTS within the District will be assessed equitably according to TO BE MADE UNDER THE PRO- benefits received. The resolution sets the date of June VISIONS OF THE IMPROVEMENT 12, 1979 at 7:00 p.m. for the public hearing. Any protests ACT OF 1911 AND AMENDMENTS from affected property owners must be in writing and must THERETO IN THE 1100 BLOCK be delivered to the City ~lerk prior to the time of the OF WALNUT AVENUE FROM 192 meeting. FEET NORTHERLY OF PALOMAR STREET TO 735.5 FEET NORTHERLY AND SETTING DATE OF PUBLIC HEARING ON THE FORMATION OF THE DISTRICT Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None Held Tuesday - 7:00 p.m. - 7 - May 22, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cent.) 17. RESOLUTION NO. 9608 City and County staffs have prepared an agreement to con- APPROVING AGREEMENT BETWEEN tinue the Chula Vista Transit operation (parts of Routes THE COUNTY OF SAN DIEGO AND 5 and 7) in unincorporated County areas and for the County THE CITY OF CHULA VISTA FOR to reimburse the City for the cost of these services for TRANSIT SERVICES FOR FY 79- the Fiscal Year 1979-80. The revised agreement accounts 80 AND AMENDING CITY FY 80 for increased costs and updated patronage/revenue date. LTF CLAIM AN ADDITIONAL The general basis of service and reimbursement is the same $62,660 TO $869,660 as the previously approved agreements. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 18. RESOLUTION NO. 9609 During the construction of Third Avenue street improvements APPROVING TEMPORARY the contractor proposes to close Davidson Street from the CLOSING OF DAVIDSON alleys east and west of Third Avenue to construct the STREET BETWEEN THIRD crosswalks in the intersection of Davidson at one time. He AVENUE AND ALLEYS LYING requested the closing-of Davidson Street for a period of EAST AND WEST OF THIRD three weeks between May 29 arid June t8, '197g and has agreed AVENUE to provide approximately 52 parking spaces on the east side of Third Avenue during this time. Staff recommended proval of the closur~ as being the least disruptive to businesses and traffic. Resolution offered Offered by Councilman Bgdahl, the reading of the text was waived by unanimous consent, passed and adopted by the foilowing vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gitlow, Scott, COx Noes: None Absent: None 19. RESOLUTION NO. 9610 At the preliminary hudget session on Saturday, May ~2, 1979 PROVIDING FOR REIMBURSEMENT the City Council directed that an appropriate resolution be TO THE MAYOR FOR THE DEMANDS prepared increasing the reimbursement to the Mayor for out- AND EXPENSES MADE UPON of-pocket expenses from $150 to $3Q0. AND INCURRED BY HIM IN SERVING AS MAYOR Resolution offered Offered by Councilman Egdahl, the reading ofthe text was waived by unanimous consent, passed and adopted by the foliowing vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 20. CONSIDERATION OF ADOPTING In a written statement to the Council, DireCtor of Planning AN INTERIM ORDINANCE LIST- Peterson said, due to different requirements of senior ING HIGH DENSITY HOUSING citizens, the various provisions of the zoning ordinance PROJECTS FOR SENIOR CITIZENS pertaining to such things as density, offstreet parking, AS tINCLASSIFIED USES minimum unit size, etc. are not really appropriate for senior citizen developments. From a procedural standpoint, the conditional use permit process is superior because of the findings required to approve a variance. The amendment to Chapter 19.54 will allow the CUP process for senior citizen housing developments. Full consideration of the ordinance by the Planning Commission and City Council, with public hearings will follow within 90 days. Held Tuesday - 7:00 p.m. - 8 - May 22, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Discussion of different Councilman Egdahl asked for justification of the statements requirements for senior that requirements of senior citizens differ from those of citizens families or younger persons. In response, Director of Planning Peterson commented on surveys indicating ~ewer number of automobiles required and smaller living units preferred in many areas. Also, in two senior citizen projects in the City, there are devi- ations in off-street parking and size of dwelling units. Need for interim In reply to a question from Councilman Scott as to why the ordinance need for an interim ordinance, Mr. Peterson explained that there is a pending proposal for a senior citizen develop- ment across from the Civic Center which could be bandied more appropriately by a conditional use permit than through the variance procedure. Council discussion Council discussion ensued with staff concerning various aspects of senior citizen housing areas, including parking requirements, lack of public transportation in Southern California, definition of senior citizen developments with age criteria and income limitations; and concern that these significant matters will not be coming before the Council for approval. Suggestion to amend City Attorney Lindberg stated the ordinance can be amended ordinance to require that these conditional use permits, during the interim period, would come to the COuncil for approval. Item 20 and 20a to be It was the concurrence Of the Council: ~hat t-his item be considered later on the trailed to give the City Attorney an opportunity to draft agenda appropriate wording to amend the ordinance. 20-A. RESOLUTION NO. 9611 The City Charter requires that a public hearing be set to SETTING A PUBLIC provide for citizen conunent on the fiscal 1979-80 budget, HEARING TO CONSIDER including the setting of employee salaries. The resolution FY 1979-80 BUDGET sets the date of June 19, 1979 for th~ public hearing. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 21. RESOLUTION NO. 9612 At the meeting of May 8, 1979 the Council continued this APPROVING AGREEMENT WITH resolution until after budget hearings. The Council has DONALD R. GOLDMAN AND previously approved modified Alternative 4 for the renovatic ASSOCIATES, ARCHITECTS, of City Hall and staff has negotiated with Mr. Goldman to FOR RENOVATION OF CITY provide the architectural services required. He submitted HALL AND AUTHORIZING a proposal to accomplish the project for a fee of $47,000. EXPENDITURE OF FUNDS Staff recommended that the agreement with Mr. Goldman be (Continued from 5/8/79) approved and that the expenditure of $51,700 be authorized from RS17 ($47,000 plus 10% contingencies). Held Tuesday - 7:00 p.m. - 9 - May 22, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cent.) In response to a query from Councilman Egdahl as to the rationale for the Architect's fee of $47,000, Deputy City Manager Robens said this was based on a review of the hours to be spent on the project negotiated with the Architect on an item by item basis; and also the fee is at the low end of the "curve" of fees issued by the American Institute of Architects. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 20. CONSIDERATION OF Mayor Hyde read the following wording suggested by the INTERIM ORDINANCE City Attorney as an amendment to the Interi3a Ordinance - LISTING HIGH DENSITY an additional sentence under Sec. 19.58.390: "providing HOUSING PROJECTS FOR further that during the effective term of this ordinance, SENIOR CITIZENS AS as an interim ordinance, all applications shall be subject UNCLASSIFIED USES to review and approval of both the Planning Commission (Continued from earlier and City Council." discussion) Motion to amend It was moved by Mayor Hyde, seconded by Councilman Gillow proposed ordinance and unanimously carried that the proposed ordinance be amended to include the language suggested by the City Attorney. 20a. ORDINANCE NO. 1869 It was moved by Councilman Gillow, that this ordinance, as AMENDING CHAPTERS 19.54 amended, be placed on first reading and adopted, and that AND 19.58 OF THE CITY the reading of the text be waived by unanimous consent. CODE TO ALLOW SENIOR The motion carried by the foliowing vote, to-wit: CITIZENS' HOUSING DEVELOPMENTS AS AYES: Councilmen Gillow, Scott, Cox, Egdahl, Hyde CONDITIONAL USES AND Noes: None PROVIDE FOR MODIFICATIONS Absent: None TO THE NORMAL REQUIREMENTS OF THE ZONING ORDINANCE FOR SUCH DEVELOPMENTS - FIRST READING AND ADOPTION 22. RESOLUTION NO. 9613 On April 24, 1979 the Council asked that the Town Centre AUTHORIZING THE INCREASE Project Area Committee and the Town Centre BuSiness and IN PARKING METER RATES FOR Professional Association be contacted for their consideratie ON-STREET PANKING METERS and comment regarding increased meter rates. Letters were ON THIRD AVENUE AND ADJACENT submitted from both organizations indicating the Parking SIDE STREETS (Continued Place Commission's recommendation is in order and should be from 4/24/79) approve& Meters can be adjusted In a written statement, Director of Finance Grant, respond- for use of pennies ing to a request from the CounCil, reported that the meters can be adjusted to allow 6 minutes parking per penny with minimal additional cost. Amendment to resolution It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the resolution be amended to allow for one cent (1~) parking for six (6) minutes. Held Tuesday - 7:00 p.m. - 10 - May 22, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) Resolution offered, Offered by Councilman Cox, as amended, the reading of the as amended text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott Noes: None Absent: None 22-A. RESOLUTION NO. 9614 This item was presented as a Unanimous Consent item at the APPROVING AGREEMENT meeting of May 17, 1979 and by Council action it was con- BETWEEN THE CITY AND tinued to this evening's meeting. The agreement was re- JLEN, INC. (Continued vised to include a requirement for security for any con- from 5/17/79) struction revisions as determined by th'e Deputy City Manager and ultimately by the Council. There is also a re- quirement that the developer reimburse the City for any costs involved in the inspection processes authorized by the agreement. Staff recommended approval of the resolution. Concern with designation Mayor Hyde expressed concern with the reference in the of Deputy City Manager Agreement to the "Deputy City Manager," especially in in Agreement connection with the approval of the security to be posted with the City. He felt this should more appropriately be designated as the "City Manager." '~ Discussion of discrepancies In response to questions from the Council, Deputy City Manager Robens described the basic areas under dispute, including grading, units and slopes. He said that there . are no hazards or problems at this tinre with certain portions of the project, although they are not in con- formance with the plan. Council discussion Council discussion ensued concerning the various discrepan- cies - the grading, drainage, slopes, and pads; the retain- ing wall to be installed; discretions m the part of developer beyond those normally allowed; separate inspection process for grading and buildings; and portions of the project that are satisfactory to staff. Jack Mann, Attorney Mr. Mann said that the developer acknowledges certain parts 225 Broadway #1720 of the project are not in compliance with the specific plan San Diego CA 92101 approved by the Council originally. He stated there have (Representing JLEN, Inc.) been no inspections due to the problems for over three months and the developer is incurring a monthly interest obligation in excess of $32,000, which is creating a hardship. He outlined the benefits of the project and said his client approves of the agreement and will comply with the wishes of the Council. Mr. Mann said they had a question on Paragraph 5 under "JLEN'S OBLIGATIONS," as it is his understanding that reimbursement is to be for "extraordinary" expenses. He asked if this sentence could be amended accordingly. Amendment to agreement It was moved by Mayor Hyde, seconded by Councilman Egdahl deleting "Deputy City and unanimously carried that the agreement be amended under Manager" "JLEN'S OBLIGATIONS," paragraph 3, to strike ~he word "Deputy" (wording to read "approval of the City Manager and the City Attorney"). Held Tuesday - 7:00 p.m. - 11 - May 22, 1~7~ CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) Addition to paragraph 5, It was moved by Mayor Hyde, seconded by Councilman Gillow page 2 of the agreement and unanimously carried that under paragraph S, page 2, the word "extraordinary" be added to the second sentence between the words "all" and "expenses." City Manager's In answer to a question from the Council as to a specific recommendation recommendation of the City Manager, Mr. Cole said the reasm for the agreement is to show the Council's willingness not to be an obstructionist, but for the City to be part of the solution; and while the role of the City is slight, the agreement will protect the City for the period indicated; but it does not preclude the developer from taking some legal action against the City for some action taken prior to or after the period of the agreement. He said his recommendation is to approve the agreement. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent. In answer to a query from Councilman Scott, City Attorney Lindberg said that the agreement will allow the project to go forward, but there is no approval at this time of any modification of the precise plan. Speaking against resolution Councilman Scott spoke against the resolution stating that is an extraordinary action that could more appropriately be handled at the public hearing on June 12, 1979. Resolution adopted The resolution was passed and adopted by the foilowing vote, to-wit: AYES: Councilmen Cox, Hyde, Gillow Noes: Councilmen Egdahl, Scott Absent: None 23. REPORT OF THE CITY MANAGER a. REQUEST FOR IMPROVEMENT Mrs. Polis requested that the City clean and improve a OF WALKWAY - NORTHERN walkway at the northern end of Rutgers Avenue which is used END OF RUTGERS AVENUE by children for access to Tiffany School and Elmburst Park. AT GOTHAM STREET - The Council continued this matter until tonight's meeting JILL POLIS, CHULA VISTA for a report from the City Manager. (Continued from 5'/15/79) a(1). REPORT ON REQUEST FOR In a written statement, Mr. Cole reported that according to IMPROVEMENT OF WALKWAY Fire Chief Longerhone, the weed abatement provisions of the Code do no apply to "wild areas," but are used to eliminate fire hazards on vacant lots located in developed areas; therefore, the City is consistent in the application of the policy in not clearing weeds from the right of way for the future extension of Rutgets Avenue. Debris and standing water within the dedicated portion of Rutgets Avenue will be cleaned up by City staff. Recommendation of Mr. Cole reiterated his reconkmendation to make no imprpveme City Manager in the walkway based on the fact that the City would theret assume responsibility for on-going maintenance. Motion to accept report - It was moved by Mayor Hyde, seconded by Councilman Gillow City Manager to respond and unanimously carried that the report be accepted and the to Mrs. Polls City Manager be requested to respond accordingly to Mrs. Polls. Held Tuesday - 7:00 p.m. - 12 - May 22, 1979 REPORT OF THE CITY MANAGER (Cent.) Motion for letter It was moved by Councilman Gillow, seconded by Councilman to property owner Scott and unanimously carried that a letter be sent to the property owner indicating the Council has had a com- plaint from citizens and ask if the owner will clean up the debris and weeds. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 24. CONSIDERATION OF STORAGE On April 17, 1979 the Council asked staff to develop more REQUIRE~NTS FOR precise standards for the location of private storage area~ CONDOMINIUMS in condominium developments. Because of the many variabte~ involved in this matter, in a written report, the Director of Planning concluded the ordinance should set forth the basic requirementS, but the details should be adopted by resolution so there is some flexibility in applying them. A detailed ordinance amendment and policy prepared and staff recommended they be referred to the Planning Commiss~ for report and recommendation. Storage allowance for Mayor Hyde questioned the storage of 100 cu. feet for a studio apartments questioned "no" bedroom or studio apartment. He stated that a bedroom normally will provide some storage capacity and 100 cu. feet of storage allowance may not be sufficient. Motion to increase It was moved by Mayor Hyde, seconded by Councilman Gillow requirement for storage and unanimously carried that for a "no" bedroom unit that in studio apartments there be a requirement of iS0 cu. feet. Motion to accept report It was moved by Councilman Scott, seconded by Councilman and refer to Planning Gillow and unanimously carried that the report be accepted Commission as amended, and forwarded to the Planning Commission for their recommendation. 2S. REPORT ON STAFF In a written report, Deputy City Manager Robens recommende RECONE~ENDATIONS OF CHULA that Chula Vista Transit fares be increased five cents, VISTA TRANSIT FARE effective July 2, 1979, with the fare structure as follows INCREASE, EFFECTIVE Adult - 40¢; Juniors (High School Seniors and under) - 20¢ JULY 2, 1979 Seniors (Over 60) - 20~; Handicapped - 20¢; and Route 6 Downtowner - 10¢. The current transfer and pass policy was recommended to be maintained in FY 1980 and it was ale recommended that a reciprocal free transfer arrangement be implemented with the new National City Transit System, effective July 2, 1979. Motion to accept It was moved by Councilman Egdahl, seconded by Councilman staff recommendation Scott and unanimously carried that the staff recommendatio be accepted. 26. REPORT ON CHULA VISTA Staff is in the process of meeting with Aztec Bus Lines to TRANSIT SCHEDULE CHANGES review costs under the current two-year contract which FOR FY1979-80 expires in July 1980. Staff requested Council approval of the following schedule changes to be incorporated into the negotiated contract to'be effective July 2, 1979: 1. Route 1 - It was recommended that service on Route 1 b increased from once an hour to once every half hour du weekdays between the hours of 6:00 a.m. to 7:00 p.m. Hourly service would be maintained during weekday even and on Saturdays. 2. It was recommended that Route 1 be extended to serve t Oleander Avenue area between Orange Avenue and Otay Va Road during the evening hours (7-10 p.m.), Monday through Saturday upon request only. 3. Route 7 - It was recommended that evening service be eliminated on Route 7 (7:00 p.m. to 10:00 p.m.) This a relatively new route and service modifications are necessary in order to maximize its productivity and ef ficiency. Held Tuesday - 7:00 p.m. - 13 - May 22, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Motion to accept report It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. 27. REPORT ON REQUEST FOR A request for a four-way stop at East Palomar Street/Monserat FOUR-WAY STOP AT EAST Avenue was received from Jack Juarez, 202 E. Palomar, and PALOMAR STREET/MONSBRATE referred by Council to the Safety Commission and staff. In AVENUE a written statement, the City Engineer reported that since the two-way stop was installed, traffic volumes have increase on East Palomar Street and today there are 22S0 ADT, while on Monserate there are only 1410 ADT (average daily trips). On the warrant system for a four-way stop, this intersection had only 8 points, where the minimum requirement is30 point~ The Safety Commission and staff recommended the stop signs at East Palomar Street/Monserate Avenue be changed to stop traffic only on Monserate Avenue. Motion to accept report It was moved by Councilman Cox, seconded-by Mayor Hyde and unanimously carried that the staff report be accepted. 28. REPORT ON REQUEST FOR In January 1979 the Council received a petition from Gladys ENFORCEMENT OF 2S MPH North, 1SS2 Oleander Avenue, asking for (1) enforcement of SPEED LIMIT IN THE 1S00 a 2S MEH speed limit in the 1500 block of Oleander Avenue; BLOCK OF OLEANDER AVENUE and (2) an extension of East Orange Avenue east to Brandywin{ AND THE EXTENSION OF EAST Avenue. ORANGE AVENUE TO BRANDYWINE AVENUE The City Engineer presented an in-depth report and concluded with the recommendation that the Council consider extension of East Orange Avenue in the 1981-82 CIP, if not constructed by private development; and to request the Police Department to conduct periodic enforcement of the 25 MPH speed limit. The Safety Commission concurred. Motion to accept report It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that the staff report be accepted. Mr. Juarez and Mrs. North Mayor Hyde asked that both Mr. Juarez and Mrs. North be to be advised of Council advised of the Council action on Items 27 and 28 respective- action ly. 29. REPORT ON REQUEST FOR A petition was received from Thaddeus Chotain, S?S Mclntosh, TRAFFIC SIGNAL AT requesting the installation of a traffic signal on Broadway BROADWAY/MclNTOSH STREET at Mclntosh Street. In a written report, the City Engineer said staff conducted a study to determine if a signal was warranted at this location, but the traffic data did not satisfy the signal criteria used by the City. It was staff's recommendation to (1) remove existing cross- walks on Broadway at Mclntosh Street and Casselman Street; (2) install new crosswalk with advance warning signs and markings at Chula Vista Street; and(3) improve street lighting by replacing existing 16-foot mast arms at Broadway Chula Vista Street. The Safety Commission concurred. Motion to accept report It was moved by Councilman Egdahl, seconded By Councilman Gillow and unanimously carried that the report be accepted. Held Tuesday - 7:00 p.m. - 14 - May 22,197~ REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) 30. STATUS REPORT ON On April 17, 1fl79 the Council requested additional informatic OPEN SPACE MAINTENANCE concerning the bidding process for the Open Space District Maintenance Contract. Director of Parks and Recreation Hall submitted a copy of the bid proposal and in a written report explained: (1) it has been subdivided into a number of units to provide cost information on various sections of the larger districts; (2) changes have been made to clearly describe the different areas and the extent of the maintenance required; (3) with the aid of the Homeowners Association in Open Space District No, 3, maintenance requirements for certain sections were changed to improve maintenance efficiency; and (4) new plats clearly show the areas prepared for the bid package. With the aid of a colored map, Mr. Hall described the maintenance areas, slopes, tree and shrub plantings used for "fire" breaks, and maintenance of the natural ground coverings. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORTS, REQUESTS AND RECOb~MENDATIONS OF CITY BOARDS AND COMMISSIONS 31. REPORT ON THE ENVIRONb~NTAL On January 16, 1979 the Council referred the question of IMPACT OF DRIVE-THROUGH the environmental impact of drive-through facilities to FACILITIES the Environmental Control Commission for report and comment. After extensive review and discussion, the Commission sub- mitted a written report stating it was difficult to draw definitive conclusions on the direct measurable impact of these facilities. They found that r~s~arch on this subject is relatively non-existent and the little data collected is inconclusive. The Commission, after studying the available materiaL, offered several Sununary statements in their report. Staff reported they cannot support total prohibitions of drive-up facilities without it being shown that such problems as air pollution or other energy factors are of overriding importance, and recommended that continued approval of drive- up facilities be made or denied by evaluation of all factors. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that this report be accepted. 32. RECOMMENDATION TO APPROVE The Historical Site Board submitted a proof and recommended THE "CHULA VISTA BOOKLET that the Booklet of Historic Sites be approved. The Chula OF HISTORIC SITES'i Vista Star News will be printing the booklet at a cost of $S00 for approximately 1,000 copies. The Historical Site Register was adopted by the Historical Site Board in accordance with Ordinance No. 1573. A copy was submitted to the Council for information. Motion to approve project It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the project be approved as submitted; Suggestion for substitute Councilman Cox offered a suggestion that in the Historical picture - Historic Site #6 Site Register a substitute picture be provided - without a car - for the Johnson House (Site No. 6), so no detraction is made from the historic value of the building. MAYOR'S REPORT Concern regarding relocation Mayor Hyde said he met with representatives from Imperial of Lindbergh Field Beach and National City after the CPO meeting on Monday to discuss strategies for the South Bay with regard to the potential election concerning the relocation of the Lindbergh airport. Held Tuesday - 7:00 p.m. - 15 - May 22, 1979 MAYOR'S REPORT Motion for staff to meet It was moved by Mayor Hyde and seconded by Councilman Gillow with South Bay Cities re that the City Manager make contact with the Managers of opposition to relocation National City, Imperial Beach and Coronado for the purpose of San Diego airport of coordinating plans to insure that the South Bay cities' opposition to relocation of the San Diego International Airport to the South Bay is opposed with all possible effectiveness. Speaking against election Councilman Scott spoke against having an election conducted. He suggested it would be more appropriate for the four members from the South Bay to organize and get enbugh votes to reverse the decision to hold an election - wher~ citizens are given inadequate facts to vote on an issue. Mayor Hyde concurred with Councilman Scott's statements, but added it would be well to make sure, if there is an election', that the South Bay's interests are defended. Motion carried The motion for the City Manager to meet with the Managers of the South Bay cities carried unanimously. Report to come back the Mayor Hyde asked that a report come back on this matter the first week of July first week of July, 1979 - a status report. Consideration of having Mayor Hyde said $60,000 has been budgeted for visitor pro- the ad hoc Visitor Industry motion and it was indicated the Visitor Industry Advisory Committee made permanent Committee be made a permanent body, rather than an ad hoc committee. Councilman Gillow suggested this be postponed until after the Committee meets with the consultant and can make a recommendation. He said a report will be coming to the Council. Suggestion for Commission Mayor Hyde referred to the modifications made to the schedul, to serve as Transit Advisory of the Chula Vista Transit System. He said the City may hay, Board reached a point where it would be useful to have a transit system advisory board and suggested that this be made a charge to one of the existing Boards - the Human Relations Commission or Safety Commission. The Council concurred and Councilman Scott suggested the Human Relations Commission would be the appropriate Commissi Letter to be sent to Mayor Hyde stated he will address a letter to the Human Human Relations Commission Relations Commission indicating the Council is interested in having this function performed and get their reaction on accepting the charge. No agreement reached on Mayor'Hyde reported he artended a meeting with staff and contract for fire service representatives of the Bonita-.Sunnyside Fire protection between City and 'Sunnyaide District, but no agreement was reached on the contract for Fire Protection District fire service for next year. New proposals will be drafted to clarify the position of each agency. COUNCIL COMMENTS CPO presentation on Councilman Cox referred to the cancellation of the Council crime statistics Conference scheduled for Thursday, May 24, and the request of Mr. Scott Green of CPO to make his presentation, showing crime statistics for the San Diego region, to the Council at the regular meeting of June 5, 1979. Held Tuesday- 7:00 p.m. - 16 - May 22, 1979 COLFNCIL C05~MRNTS (Cont.) Motion to approve It was moved by Councilman COX, seconded by Mayor Hyde and presentation on June S hmanimouSlF carried that Mr. Green's request he approved. Objection Withdrawn to Councilman Gillow said he retracted b_is Opposition to the designation: .of "City Hall" letters "City Hall" on the Ci~.ic Center complex'building. Coastal Commission decision Councilman Scott referred to the :hackground information received in the Council packets'Concerning the decision of the Coastal Commlss~on. He Suggested this matter be dis- cussed and determin~ the poSition the Council should take ' at the State COastal Comamtsslon meeting %n June. Motion todiscuss decision It was moved by Councilman Scott, seconded by ~ayor .Hyde at Redevelopment Agency and tmanimously carried tha~ this matter 5e schedui~d meeting on 6/7/79 the Redevelopment meeting 0n J~tne 7, 19_7gl Request to be absent Councilman ScOtt asked permission tO he absent from the from meetings first two Council meetings and tlie Redevel0pment Agency meeting in June. H.e Will return from vacation on June Motion to approve request It was moved h}t MayOr ~yde, seconded hy Councilman cox and unanimously carried that Coun~ilman Scott ~s request be approved. - - , Motion to reschedule It was moved hy Mayor Hyde~ secondled by Councilman Gillow' discussion Of Coastal and unanimously carried that thel pre~ious motion on the Commission decision decision of the Coastal CommisSfon ~e reconsidered; and discussion of the Council position before the State Coastal Commission be scheduled ~or the first Council meeting after Councilman Scott returns from~ his vacation. Proposed adjustment for Councilman Egdahl made reference to a memorandum from the . compensation to Councilmen City Attorney regarding adjustment tO compensation for Councilmen from July through D~cember., 1979 and then on an annual basis. Motion for appropriate It was moved hy Mayo.'~ Hyde, seconded by Councilman Egdahl . ordinance to be prepared and unanimously carried that an appropriate ordinance be brought back (in accordance with the City Attorney's memo-' 55. DISCUSSION OF~}E~4DING This item was placed on the agenda in accordance with CDtmCil ITEMS . .,,direction given .at. the meeting of May 8, 1979. Motion to continue It was moved by Mayor Hyde, seconded by councilman Scott Item 53 until 6/5/79 unanimously carried that this item be continued until the' meeting of June 5, 1979 . Mayor Hyde out of City Mayor Hyde announced-he Wili be OUt Of the City starting May 24 and returning on June 3, 1979. Mayor Pro Tempore Cox - . will be presiding during this time. A~JOURNM~qT Mayor Hyde adjourned the' meeting at 9i30 p.m. to ~e ~egularm~r al Tue'sd{ Ju~e h,'1979 at ?;00 p.m. in the Council Chambers, 276 Fourth Avenue. ,/"',,: DEPUTY CITY CLERK