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HomeMy WebLinkAboutcc min 1978/11/07MINUTES OF A REGULAR MEETING OF THE~ CITY COUNCIL OF THE CITY OF CHULA VISTA, CALI'~DRNI~ ',Held Tuesday - 7:00 p.m. November 7, 1978 A regdlar meeting of the City Council of the ~ity of Chula Vista, California was held on +the above date beginning at 7:00 p.m. in ~the Council Chambers,' City Hall, 276 Fourth Avenue. ROLL CALL' Councilmen present: Mayor Hyde, CounCilmen Cox, Egdaht, Gillow, ScOtt Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of P]ahning Peterson, Director of Public Works Robens, Director of Building and Housing Grady, City Engineer Lippitt, Fire Chief Longerbone, Police Chief Winters' 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 Cox, seconded by Councilman" Gillow and unanimously carried that the minutes of the meetings of October 31, November 1 and 2, 1978 5e approved,~ copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE City Clerk Jennie Fulasz administered the Oath of Office to Ms. Lois Richards, who was recently appointed to the Board of Ethics. b. PRESENTATION OF The American Automobile Association chose the City of PEDESTRIAN SAFETY Chula Vista to receive the 1977 Pedestrian Safety Award. AWARD FOR 1977 Mr. Norm Black presented the award to Mayor Hyde, nbting that this is the fourth award received by the City with , others presented in 1958, 1970 and 1974. 3. ORAL COMMUNICATIONS Barbara Newman Ms. Newman questioned the water fees and Open Space District 858 La Senda Way 22 assessment on her recent water and tax bills, which she Chula Vista said had increased tremendously. She reported that the Open Space District is not being properly maintained and objected to the incrbased costs. Mayor Hyde suggested that Ms. Newman contact th~ proper water authorities regarding her water bill. Motion to refer matter It was moved by Mayor Hyde, seconded by Councilman Egdahl to City Manager and unanimously carried that this matter be referred to the City Manager to take it under advisement and find out everything that Ms. Newman has to say and answer her questions. Ron O'Neill Mr. O'Neill said he was confused regarding the Open Space 1293 Cardinal Place designations in the City, stating hewas informed that Chula Vista there is no such designation and yet his tax bill includes this assessment. City Council Meeting -2- " November 7, 1978 Clarification of In response to direction fromMayo~.Hyde, Director of Open Sp~ce Maintenance Planning Peterson Clarified that MP.D'Neill had asked if" Districts the City has an Open Space "zone'~ and was infprmedthat the'~ City does not. He explained t~at thequestian.s raised concern the maintenance of slope areas generally within Open Space Maintenance'Districts~.which is no~.'th~ same as open space zoning districts. Eileen Facciola Ms. Fac'ciola Said she did not understand the op~nspaC:~ 846 La Senda Way cost onher tax bill of $143, when the school ~ax wasohly Chula Vista $107. She reported that the open space is not being main- tained in her area as there are broken sprinklers, erosion and debris on pathways. Mayor Hyde suggested that Ms. Facciola leave her name with the City Clerk and arrangements will be made for City staff to contact her. 4. WRITTEN COMMUNICATIONS a. REQUEST TO HOLD ANNUAL The Sweetwater Union High School District and the Chula STARLIGHT YULE PARADE Vista. Town Centre Business and Professional Association ON NOVEMBER 27, 1978 are sponsoring the Annual Starlight yule Parade on November 27, 1978. They requested that Third Avenue be blocked from "I" Street to "D" Street; and "H" Street from Second Avenue to Fourth Avenue on that date, starting at 6:00p.m., and that "no parking" signs be posted. Motion to approve subject It was moved bN Mayor Hyde, seconded by Councilman'Egdahl to staff conditions and unanimously carried that this request be approved, subject to staff conditions. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - With the concurrence of the Council, Mayor Hyde announced CONSIDERATION OF REQUEST that since Agenda Items '5 and 6 are closely related, the TO .}IEZONE 6.4 ACRES AT THE two public hearings would be combined and testimony taken SOUTHEAST CORNER OF OTAY on both the request for zone change and the precise plan; VALLEY ROAD & MELROSE AVE. therefore, this being the time and place as advertised, FROM C-V-P TO C-N-P AND Mayor Hyde opened the public hearing on Items and Item 6. R-3-G, AND TO REZONE 3 ACRES AT THE SOUTHWEST Director of Planning peterson explained that the applicant CORNER OF QTAY VALLEY ROAD has requested that approximately 6.4 acres at She southeast AND ~LROSE AVE. FROM C-N-P corner of Otay Valley Road and Melr0s~ AVenue be rezoned TO R-3-G from C-V-P to C-N-P and R-3-G. In addition, the City has expanded the request to include that 3 acres (recently approved for residential use) on the west side of Me'lrose Avenue, 150 feet south of Otay Valley Road, be rezoned from C-N-P to R-3-G. On October 11, ]978 the Planning Commission ad0ptedthe Negative Declaration on IS-79-16 and recommended tha~ the Council approve the rezoning as requested. 6. PUBLIC HEARING - (Public hearing opened under Item 5 above) CONSIDERATION OF PRECISE PLAN FOR SHOPPING CENTER The applicant submitted a precise plan for the development AND FAST FOOD RESTAURANT of a 2.26 acre shopping center at the southeast corner AT SOUTHEAST CORNER 0F 0TAY of 0tay Valley Road and Melrose AvenUe. VALLEY ROAD ~ND MELROSE AVENUE - DAWAT CORPORATION City Council Meeting ~3- November":7, i978 Rezoning request Director of Flanning Peterson e~p~ained that the.applicant is requesting that the rear portion of fhe property be re= zoned to R-3-G to allow fo~ multiple-family devet'opmeptwith the fropt portion rezoned to C-N-P to provide for:a small neighborhood shopping center. The staff .reCOmmended tha~'the portion west of Melrose Avenue be rezoned to R-3-G for low density development, resulting in a limited amount of com- mercial along Otay Valley Road frontage, With the portion to the rear developed with low-density multiple family housing: Precise plan Mr. Peterson described the proposed precise plan, outlining the setup for the three buildings - one for a fast food restaurant and the other two for office uses or retail sales use. He discussed the architectural design, square footage, access drives, parking, building elevations, and set-back. Additional condition The Planning Commission voted to recommend approval of the recommended b~ staff plan in accordance with their Resolution PCM-79-12 and staff concurred, with the addition of a condition requiring that the architectural theme of the buildings in the shopping center be carried out on all four sides of the building. Syd Xinos Mr. Xinos, representing the developer, stated.they concurred Schwerin, Xinos & Associates with the staff recommendationS. Hediscussed the problems 1400 Sixth Avenue in preparing a precise plan for potential lessors when com- San Diego mitments cannot be made until the plan is approved. He a~so described thq plans to retain a grove of eucalyptus trees as a break in the zoning wall separation between the two zones. William Hedenkamp, Mr. Hedenkamp discussed the carport and the treatment of the Architect building wall to comply with the "zoning wall" requirements; 521 Grape Street the possibility of modification to the plan to accommodate San Diego a "fixed seat" restaurant; and modifications already made to (Representing the accomplish the required set-back. He suggested that the Council Dawat Corporation) include in the resolution that the exact location of the restaurant be subject to staff approval and if mutual agree- ment iS not reached, the precise plan could be brought back to the Council. Public hearings closed There being no furthe'r comments, either for or against, the public hearings were declared closed. Council discussion Council discussion ensued concerning the drive-through res- taurant; a neighborhood-oriented shopping center versus one oriented to freeway traffic; limitations possible under the "P" designation; appropriateness of the C-N zoning for this property; th~ limited use under the C-V zoning; and the sur- rounding residential neighborhoods. Concern.~expressed Councilman Scott spo'ke against the zone change as not being regarding change of zone the appropriate zoning for the area. 5a. ORDINANCE NO. 1840 It was moved by Councilman Egdahl that this ordinance be AMENDING THE ZONING MAP placed on first reading, and that reading of the text be TO CHANGE THE ZONE OF 6.4 waived by unanimous consent. The motion carried by the ACRES AT THE SOUTHEAST following vote, to-wit: CORNER OF OTAY VALLEY ROAD AND MELROSE AVENUE FROM AYES: Councilmen Egdahl, Hyde, Gillow, Cox C-V-P TO C-N-P AND R-3-G Noes: Councilman Scott AND CHANGE THE ZONE OF 3 Absent: None ACRES AT THE SOUTHWEST CORNER OF OTAY VALLEY ROAD AND MdELROSE AVENUE FROM C-N-PtoR-3-G- FIRST READING City Counci~ Meeting -4- November 7, 1978. Discussion of COUncil discussion ensued concerning the. square foOtage of precise plan the project (combined ~floor area of 24~800 sq. ft.) compared to that of the normal neighborhood shopping center (approxi- mately 50,000 sq. ft.); the precise plan b~ing a "foot print" of the buildings rather than how they will be used; and the concerns of the Council regarding a fast foot res- taurant in the neighborhood commercial zone. Amendment to resolution It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that tbe resolution be amended tO add the condition that the site location of the restadrant be subject to staff approval. 6~. RESOLUTION NO. 9354 - Offered by Councilman Cox, as amended, the reading of the APPROVING PRECISE PLAN text was waived by unanimous consent. FOR SHOPPING CENTER AND~ FAST FOOD RESTAURANT AT SOUTHEAST CORNER OF OTAY VALLEY RO~D AND MELROSE AVENUE Motion for second amend- it was moved by Councilman GilloWand Seconded by Mayor merit to resolution Hyde that the resolution be amended to eliminate the drive- through fast food restaurant in this area. Speaking against motion Councilmah Scott spoke against the motion stating it would be premature to place this restriction on the map until the subject is studied in depth and cross-over figures determined sad what the advantages and disadvantages are. Second to motion withdrawn Mayor Hyde withdrew his second and the motion died for lack of a second. Councilman Scott expressed hissconcern regarding the fact that the precise plan is not more "precise". .Resolution adopted The resolution, as amended by Councilman Cox, was passed and adopted by the following vote, to-wit: AYES: Co~/ncilmen Cox, Uyde, Gillow No~s:. Councilmen Egdahl, Scott Absent: None 7.. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF CON- opened the public hearing. DITIONAL USE PERMIT APPLICATION BY GIRLS' The Council set this i~em for public hearing in order to hear CLUB AND BOYS' CLUB OF a staff presentation and public testimony on the proposal CHULA VISTA TO CONSTRUCT to locate a Club facility at the south end of Greg Rogers FACILITIES IN GREG ROGERS Park in the R-1 zone. On September 27, 1978, the Planning PARK Commission granted the conditional use permit to the Girl.s' Club and Boys' Club in accordance with Planning Commission Resolution PCC-79-6. Staff recommends location Director of Planning Peterson described the proposed building, SWimming pool, parking area, play area, and the access point' opposite Redwing Road. Staff recommends this sit~ as an appropriate location for the facility. ~In answer to a query from Councilman Gillow, Mr. Peterson said that the Traffic Engineer indicated that any offset in the access opposite Redwing Road would be a traffic safety hazard, and would also interfere with the site plan. City Council Meeting -S-" No.~ember 7, 1978 Citizens speak in favor The following citizens offered testim0~y rega~d'ing the ~ of and'against the location of the Boys' and Girls' Club in Gfeg Roger~Park: location of the club Janet P. Goff~ 1268 Waxwing Lane; Ron O'Neill, 1293 Cardinal facility Place; Larry Schultheis, 48'4 Redwing Road; Leon Knight, 470 Oak ~lace; Arthur Perry, 1278 Oleander; Linda B0vet, 295 "C" Street; Mario De Biasion,. 1282 Cardinal Place; and Arth'ur P. Smith, 474 Oak Place. Comments pro and con included the' following: ~1) the site is used as adump and is unsightly; (2) the ~pen canyon creates problems in being used by wayward children as a I"hideou~; (3) traffic problems are already created by other activities with no objections by citizens; (4) traffic prob- lems will increase; (5)suggested solution to traffic situa'~ tion - close off Redwing Road and make it a cul-de-sac; (6) recreation center previously promised residents in the area; (7) reminder of petition presented against the facility; (8) illegal alien problem; (9) concern that the facility will not be wail maintained; (10) problems related to bingo games; (11) problems with newspaper salvage operation; (12) limited parking available; (13) facility could be better located close to the bay; (14) Greg Rogers Park is a b6tter location for the club than the present onel and (15) the Park is alreadyused'too much. Steve Owens, Architect Mr. Owens responded to some of the objections raised by the 272 Church Avenue citizens.concerning parking and bingo games. The pool will Chula Vista be enclosed for better maintenance and there will be no newspaper or aluminum can recycling in this area. Mr. Owens asked that the Council uphold the Planning Commission's approval of the conditional use permit. Public hearing closed There being no further conmlents, either for or against, the public hearing was closed. Motion to concur It was moved by Mayor Hyde and seconded by Councilman Cox With Planning Commission that the ~ouncil concur with the Planning Commission decision in g~anting Conditional and sustain the previous action of the Council in approvingL Use Permit this site for the Boys' Club and Girls' Club facility. Amendment to motion It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the motion beamended and that that part of the (Planning Commission) resolution be changed to prohibit paper and aluminum can recycling opera- tions at the new location. Motion carried as The main motion carried unanimously as amended. amended Motion to refer traffic It was moved by Councilman Egdahl, seconded by Councilman problem (Oleander and Gillow and unanimously carried that the Council refer the Redwing~ to Safety matter of traffic on Redwing Road and the investigation of Commission Redwing being converted to a cul-de-sac particularly at Oleander to the Safety Commission. RECESS A recess Was called a~ 9:00 p.m. and the meeting reconvened at 9:10 p.m. 8. PUBLIC MEETING - On September 5, 1978 the Council considered 'the Planning CONSIDERATION 0F AMEND- Department's report on the matter of residential condo- MENT TO MUNICIPAL CODE minium conversions and a draft ordinance for regulating TO ESTABLI.SH STANDARDS such conversions. After suggesting revisions, the council FOR CONDOMINIUM DEVELOP- referred the draft ordinance back tO the Planning Commission MENT OR CONVERSION for public hearing, Consideration and recommendation. City Council Meeting -6- November .7, 1978 Suggestion that Director of Planning. Peterson ;called theCouncil's,atten~ tentative maps filed tion to Section III conqerningthe effective date.of'the be subject to the ordinance (thirty-one days from the date of adoption). He ordinance suggested that the Council may wish to consider applying ~he standards even to tentative maps that have already beepfiI~a and are currently pending before the CounCil, which would now be exempt under this section. City Attorney recommended that the language of the ordi- nance be changed to reflect the time element of the final map to~ resolve this problem. '- Wording amended in The Council concurred unanimously that the words "tentative Section III maps" should be changed to "final maps" in Section III. Mr. Peterson said that the Planning Commission held two hearings on this matter and on OCtober 2~, 1978 they certi- fied the Negative Declaration on IS-79-19 and ~ecommended adoption of the amendment to the Code in accordance with their Resolution PCA-79-2. Council discussion The Council held a discussion with staff regarding va½ious provisions of the ordinance, including requirements.fo~ walls minimum 6f 256 cu. ft. of storage areas, parking and struc~ rural changes. Clarificationof For clarification, the Council concurred that in the last Subsection "G'~ sentence ofSubsection "G" of Sec. 15.'56,020, the words "this subsection" should be changed to read ~'subsection G~" Gene York Mr~ York said he Was in favor of the ordinance, but ques~ 160 Brightwood rioned the requirements for walls and storage areas. He Chula Vista suggested that the requirement be amended to a 2 x 4 x 9 foot ~rea - approximately 100 sq. ft. Applicants for convet- In answer to a query ~rom Mayor Hyde, Director of Building sions may present appeals and Housing said that appeals regarding conversions can to Board of Appeals be presented to the Board of Appeals who can make determina- tions on "acceptable alternates." Robert Graham Mr. Graham said he was representing the Congress of South 1425 - 184 Second Avenue Bay Seniors, who are in favor of the ordinance with the Chula Vista exception that it does not have any provision for the pro- tection of rentera and builders. He requested that a clause be included'to restrict the buildingpermits to 50% of the apartments that have been prepared for rentera d~ring the' previous two years, which would not apply if there was a 5% vacancy rate. He asked that consideration of the ordi- nance be postponed for one week so that figures and facts can be prepared for the Council by their representative. Thomas Owen Mr. Owen said that the representative of the South Bay 4201 Bonita Rd. Seniors is Mr. Jack Spangler, a consultant to the State Bonita of California, Special Subcommission on Aging a~d a con- (La Bonita Apartments) sultant to the State Senate Housing Committee, He sup- ported Mr. Graham's request that the matter be postponed until next Tuesday so that Mr. Spangler could be present. ~ames Frank Mr. Frank said that it is his understanding that the Com- 4095 Bonita Road prehensive Planning Organization has been granted $19,000 Bonita to ao a county-wide study of condominium conversions. He requested that the Council delay action on the ordinance, pending completion of that study. City Council Meeting -7- November7, 1978 Nick pellegrino Mr.' Pellegrino expressed his concern over the provision 1281 University Avenue of the Ordinance regarding storage space and asked that con- San Diego siderati0n be given to. excluding this requirement for those apartments that have garages. John Kolsters Mr. Kolsters said he supported the request of Mr. Graham 501 AnitaStreet pertaining to the 50% limitation on the conversions. He Chula Vista also asked that consideration be giveHto those who live in mobilehomes that are being converted to condominium arrangements, Norman Starr Mr~ Starr said he is abuilder and is in favor of the 824 Jamaica Ct. ordinance, but suggested that the storage area both inside. San Diego and outside be considered as a unit in meeting the 'ordi- nance requirements, otherwise~ it w.ill place an unfair burden on many people. Linda Bovet Ms. Borer expressed her concern. regarding thelimited 295 "C" Street apartments available for rentera and the problems dreated Chula Vista when they are displaced due to conversions. Allan Nevins Mr. Nayins said he is the applicant for the conversion 7851 Mission Center Ct. of the La Bonita Apartments, and that. if the ordinance is San Diego adopted, there will be very few projects in the City that would be able to meet the requirements for conversion to condominiums. Public meeting closed Mayor Hyde announced that in accordance with th~ time element set previously, nofurther public testimony would be accepted. Motion to continue It was moved by Councilman Cox and seconded by Mayor Hyde Item 8a for one week that consideration of the ordinance be continued for one week. Suggestion for City Mr. Cox stated that the Mayor's Economic Advisory Committee assistance to displaced is meeting on Wednesday evening and this item is on their rantars agenda for discussion. He also suggested that the City or other public agencies may be able to provide assistance to citizens who may be displaced dueto the conversions and that this could be researched. He noted a program currently being provided in San Diego, and made several suggestions that the City might pursue to give financial assistance on the "front end" that would be repaid to the City. Council discussion followed and it was the consensus that these matters could be Considered at a later date. Second to motion Mayor Hyde withdrew his second and the motion died for withdrawn lack of a second. 8a. ORDINANCE NO. 1841 - It was moved by Mayor Hyde that this ordinance be placed AMENDING CHAPTER 15.56 on first reading, as amended, and that the reading of the OF THE MUNICIPAL CODE text be waived by unanimous consent, RELATING TO PROPOSED CONDOMINIUM PROJECTS AND TO THE CONVERSION OF DWELLING UNITS TO INDEPENDENT OWNERSHIP BY CONVERSION TO CONDO- MINIUMS - FIRST READING City Council Meeting -8- Ngvember 7, 1978 Amendments clarified Mayor Hyde clarified that. the m0tio~ inqluded the amend= ments to Section III changing the, wording ofz"te~tatiVe m~p~'.' to "final maps" and changing the wording "this .sub- sect'ion" to "subsection .G" under Secti6n' 15.56.020. Request for clarification Director of Planning Peterson noted that in adopting this of Council intent motion, changing "tentative map" to "final map"', would mean any final map filed within the thirty-one days after adoption WOuld not have to meet the requirements of the ordi- nance. He asked if this was the intent of the Council. To solve this problem, City Attorney Lindberg' suggested that the Council could declare a moratorium on the approval of shy final maps until the ordinance becomes effective, if that was the intent. Ordinance placed on The motion to place the ordinance on first reading, as first reading .amended, carried by the following vote, to-wit: AYES: Mayor' Hyde, Councilmen Gillow, Cox, Egdahl Noes: Councilman Scott Absent: None Motion for moratorium It was moved by Mayor Hyde, seconded by Councilman Gillow on approval of final and unanimously carried that a moratorium be placed on maps on apartment approval of any final subdivision maps on conversion of conversions apartments to condominiUms until such time as this ordinance has taken effect. Motion to refer problem It was moved by Councilman Gillow and seconded by Mayor of relocation of renters Hyde that the Mayor's Economic Advisory Committee be to Mayor's Economic directed to analyze the problem of relocation of displaced Advisory Committee tenters when apartment conversions Occur. Councilman Scott suggested that this matter also be re- ferred to the Human Relations Commission. Addition to motion - Councilman Gillow included Councilman Scott's suggestion motion carried in his motion. Mayor Hyde agreed as the second and the motion carried unanimously. CONSENT CALENDAR It was moved by Councilman Scott, ~econded by Councilman (Items 9 through 12) Cox and unanimously carried that the Consent Calendar be approved and adopted. 9. RESOLUTION NO. 9355 - Jack R- Mestter,-Inc. has completed the public improvementls ACCEPTING PUBLIC in Chulas Casitas Subdivision. A final inspection was made IMPROVEMENTS, CHULAS and all work was found to be .completed in accordance with CASITAS SUBDIVISION the improvement agreement approved by Resolution No. 9026 dated March 14, 1978. 10. RESOLUTIO~ NO. 9356 Robinhood Homes, Inc. has completed the public improvements . ACCEPTING PUBLIC for Robinhood Point Unit No. 3 Subdivision. A final in- IMPROVEMENTS, ROBINHOOD spection was made and all work was found to be completed POINT UNIT NO. 3 in accordance with the agreement approved by Council Reso- lution No. 8896 dated November 22, 1977. 11. RESOLUTION NO. 9357 The final map for Chula Vista Tract No. 79-04 (Skyview APPROVING FINAL MAP Condominiums) has been checked and found to be i~ con- FOR CHULA VISTA TRACT formity with the tentative map approved September 12, 1978 NO. 79-04 -- by Resolution No. 9265. The project isa 21-unit condo- SKYVIEW CONDOMINIUMS minium at-465 FoUrth Avenue and the final map includes the dedication of an easement for street tree purposes along Fourth Avenue. City Council Meeting -9= November 7,1'1978 12. RESOLUTION NO,, 9358 one of the conditions of appl, oVal fO~ .the construction of ACCBPTING ~ASBMENT FOR a bank at the southeast corner of T]iird Avenue and "H"' STREET PURPOSES FROM Street was for the property owneTa to dedicate a strip FIRST FEDERAL SAVINGS of land 6 feet ~n width along "H" Street needed as ad- AND LOAN ASSOCIATION, ditional right of way for the ihstallation of a street NAMING AND DEDICATING section. On October 24, 1978 officers of the First IT AS "H" STREET Federal Savings and-Loan Association granted the-:.necessary easement to the City. (END OF CONSENT CALENDAR) RECESS A recess was called at 10:32 p.m. and the meeting reconL vened at 10:42 p.m, RESOLUTIONS AND ORDINANCES, FIRST READING 13. RESOLUTION NO. 9359 The Daley Corporation was awarded the contract for "F" ACCEPTING PUBLIC IMPROVE- Street Improvements on April 8, 1978, Resolution No. 9079. MENTS AND APPROPRIATING The.'Califo~nia Department of Transportation and the City ADDITIONAL GAS TAX FUNDS, Engineering staff made a final inspection and found the w~rk 'F~'-STREET IMPROVEMENTS, completed in accordance with contract documents and ap- FOURT, H AVENUE TO CHURCH proved change orders. AVENUE, F.A.U. PROJECT M-SI~4(1) The total Project costs were $391,937.39 with authorized expenditures of ~374~186.49, making a cost overrun dif- ference of $17,750,90. Staff recommended that the COuncil appropriate $12,555.90 from Gas Tax Funds Account 2106 and transfer to Project GT-75; and authorize an additional expenditure of $17,750.90 from Project GT-75, Account No. 250-2501-GT75 to cover the overrun. Resolution offered O~fered by Councilman Gillow, the reading of the text was waived by 'u~animous consent~ passed and adopted by the following vo~e, to-wit: AYES: Councilman Gillow, Scott, Cox, Egdahl, H~de Noes: None Absent: None 14. ORDINANCE NO. 1842 'The ordinance will amend the City Flood Management Program ADOPTING FLOOD PLAIN of 1970 to bring it into compliance with the current REGULATIONS EN~IRON- National Flood Insurance Program Rules and RegulationsL MENTAL DOCUMENT - Title 18 of the City Code will be amended to add a new CERTIFYING THE NEGATIVE Chapter 18.54 which incorporates the following: designates DECLARATION -'FIRST ~he flood hazard boundary maps to be used; definition'of READING terms; permit requirements; structural requirements for buildings and mobile homes and subdivision requirements rela~ing to utilities, drainage and landscaping in flood~ · ways and water courses. Ordinance placed on It was moved by Councilman Scott that this ordinance be ~' firs.t reading placed on first reading, and that reading of the text be. waived by unanimous consent. The-motion carried'by the following vote; tO-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES (see page 10) City Council Meeting -10- November 7, 1978 1S. REPORT ON REQUEST OF At the City Council meeting of October 17, the staff pre- ROBERT EVANS FOR sented a report on the desirability of completing and main- MODIFICATION OF taining an access point into a dedicated open space area EQUESTRIAN TRAIL ON as part of an overall trail network for the Rancho Robinhood SURREY DRIVE (cont'd tract. The Council directed that staff look into the possi- from 10/17/78) bility of using Corral Court as the access point and abandon- ing Surrey Drive. In a written report, Director of Planning Peterson said that staff has further investigated the issue of safety involving having a trail connect to a public sidewalk at the crest of the road. Staff recommended that the trail be left opeH and in its present location, and if a safety hazard develops, to close the access at that timel (This was Alternate #1 of three recommendations.) Motion to accept It was moved by Mayor Hyde, seconded by Councilman Scott Alternate #1 of and unanimously carried that Alternate #1 of the st~ff L staff recommendation recommendation be accepted. Dr. Robert Evans Dr. Evans said he was here this evening with a representative 35S Surrey Drive and asked if he could be heard on this matter. Bonita Motion to reconsider It was moved by Mayor Hyde, seconded by Councilman Gillow Item 1S and unanimously carried that this item be reconsidered for the purpose ofhearing Dr. Evans. Syd Xinos Mr. Xinos discussed the traffic problems on Surrey Drive 1400 Sixth Avenue and the hazards of residents backing out of driveways onto San Diego Surrey Drive. He said this access is not needed as there (Representing Dr. Evans) are others that are more appropriate, and requested that the Council consider the staff Alternate No. 2 (vacate the open space area and ask the previous owner to quit claim the property to the adjoining lot owner.) In answer to a query from Councilman Egdahl, Mr. Peterson said that if the area were vacated, it would revert back to the original owner who might not wish to maintain it and it could become a "no man's IandJ' He said staff could find no real safety hazard and the area can be appropriately maintained in the Open Space District. Motion to accept It was moved by Mayor Hyde and seconded by Councilman Scott staff reconnnendation that the staff recommendation for Alternate No. 1 be ac- of Alternate #1 cepted. The motion carried by the following vote, to-wit: AYES: Mayo~ Hyde, Councilmen Gillow, Scott, Egdahl Noes: Councilman Cox Absent: None 16. RESOLUTION - The applicant has submitted a tentative subdivision map for APPROVING TENTATIVE the conversion of a 6 unit apartment into a one lot condo- SUBDIVISION MAP FOR minium project in the R-S-G zone. On October 17, 1978 the C~SA VERDE, 295 "D" Council opened and closed the public hearing'on this item STREET (Continued and continued the deliberation and decision, pending adoption from 10/17/78) of standards for condominium conversions. The Planning Commission had recommended approval of the tentative map in accordance with their Resolution PCS-79-6 and Staff concurred, with the addition of a condition re- quiring compliance with standards for condominiums as adopted by the Council. City Council Meeting -11- November 7, 1978 Tentative map does In response to a question from Mayor Hyde as to whether not comply with this tentative map complies with the ordinance placed on ordinance first reading tonight, Director of Planning Peterson said it does not and that they would have a problem bringing it into compliance. Motion not to approve It was moved by Mayor Hyde that the tentative map not be tentative map approved. No second to motion The motion died for lack of a second. Tentative map may have City Attorney Lindberg stated the conditions of the tentative to be modified map may have to be modified to conform to the ordinance, or specifically exempt by the tentative map conditions in the ordinance with which they do not comply. Suggestion to re-open Councilman Scott suggested that procedures start again with public hearing the public h~aring re-opened for testimony. He also ex- pressed his concern that the ordinance does not "spell out" an appeal procedure if a tentative map does not meet the requirements of the ordinance. Motion to refer It was moved by Mayor Hyde and seconded by Councilman tentative map back Egdahl that' since this tentative is in variance to the ordi- to the Planning nance that it is appropriate, in fairness to the applicant, Commission to return i~ back to the Planning Commission to consider the tentative map, weighed against the conditions of the new ordinance. Motion carried The motion carried by the following vote, .to-wit: AYES: Mayor Hyde, Councilmen EgdahI, Cox, Gillow Noes: Councilman Scott Absent: None Syd Xinos Mr. Xinos said they did not know that the ordinance would 1400 Sixth Avenue be retroactive and under' the circumstances, since the San Diego tentative map was filed prior to the ordinance being drafted, it does not seem fair that the applicant must pay the extensive processing fees again. Motion that no It was moved by Mayor Hyde, seconded by Councilman Cox and additional fees be unanimously carried that no fees be charged for the appli- charged cant to reprocess this application through the Planning Commission and Council because of the action which the Council has taken at this meeting. 17. RESOLUTION - Offered by Councilman Cox, the reading of the text was AP.PROVING TRANSFER waived by unanimous consent. OF CARDROOM LICENSE Concern regarding Mayor Hyde spoke against offeming the resolution, expressing transfer of licenses his concern that it is providing a system where the licenses can be transferred from party to party rather tha~ from the initial owner' back to the City for re-issue. Motion to continue It was moved by CounCilman Scott and seconded by Mayor Hyde Item 17 for one week that this matter be continued for one week. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl, Gillow Noes: Councilman Cox Absent: None City Council Meeting -12 November 7~ 1978 18. ORDINANCE NO. 1839 It was moved by Councilman Scott that this ordinance be AMENDING THE SPECIFIC placed on second reading, and that reading of the text PLAN OF EL RANCHO DEL be waived by unanimous consent. The motion carried by the REY TO CHANGE A PORTION following vote, to-wit: OF SDG&E EASEMENT FROM "OPEN SPACE" TO AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow "CO~ERCIAL/RIDING Noes: None AND HIKING TRAIL" - Absent: None SECOND READING AND ADOPTION 19. REPORT(S) OF THE CITY ~L~NAGER Meeting with Senator City Manager Cole said that Senator Mills will be:aVailable Mills to meet with the Council on November 15, 1978. Motion for Council It Was moved by Councilman Scott, seconded by Mayor Hyde Conference on 11/1S/78 and unanimously carried that the Council meet with Senator Mills on November 15 (Wednesday) at 4:00 p.m. Meeting with Mr. Cole said that Assemblyman Deddeh is willing to meet Assemblyman Deddeh with the Council in the evening at 7:00 or 7:30 p.m. on November 20. Motion for Council It was moved by Mayor Hyde, seconded by Councilman Cox and Conference on 11/20/78 unanimously carried that the Council meet with Assemblyman Deddeh at 7:00 p.m. on Monday, November 20, 1978. MAYOR'S REPORT Request from school Mayor Hyde referred to a letter he had received from'the for City assistance Bonita Vista High School concerning a "Trashathon" program ina "Trashathon" where the students are undertaking a project to collect trash in areas designated by the City and to set up a salvage operation in cooperation with the City to raise funds for the school's "Life" program. Motion to refer request It was moved by Mayor Hyde, seconded by Councilman Gillow to staff and unanimously carried that the Councilapprove this ides in concept and refer it to staff for coordination and im- plementation and recommendation to the CoUncil. COUNCIL CO~ENTS Concern regarding Councilman C6x referred to the recent street improvements on loss of parking on "F" Street and expressed concern regarding the loss of "F" Street parking places on "F" Street east and west of Third Avenue, particularly With the coming Christmas season~ Motion for report It was moved by Councilman Cox, seconded by Councilman on parking areas Gillow and unanimously carried that the staff be requested on "F" Street to report back to the Council on the advisability Of elimi- nating the "no parking" striping on "F~' Street just east and west of Third Avenue as a temporary arrangement until the full street improvements are in. ADJOURNMENT Mayor Hyde adjourned the meeting at 11:12 p.m. to the Council Conference scheduled for November 9, 1978 at 4:00 p.m. in the Council Conference Room, City Hall. ~ City e ut~ Clerk