Loading...
HomeMy WebLinkAboutcc min 1979/01/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 6:S0 p.m. January 2, 1979 A regular meeting of the City Council Qf the City of Chula Vista, California, was held on the above date beginning at 6:30 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott Councilmen absent: None APPOINTMENT OF PORT Mayor Hyde explained that there are five nominees for the COMMISSIONER position. The Council will submit their votes to the City Clerk who will announce the results. For the first ballot, the Council will vote for four persons, and continue the process of elimination until one person receives the ma- jority vote. Nominees The nominees for the position are: Phil Creaser James Hobel John Macevicz Wayne Smith 0scar Vogel First ballot The results of the first ballot: Creaser - S Hobel - 4 Macevicz- S Smith - 2 Vogel - 4 Second ballot The results of the second ballot: Creaser - 5 Hobel - 3 Macevicz- 4 Vogel - 3 Third ballot The results of the third ballot: Creaser - 5 Hobel - 3 Macevicz- 4 Vogel - 3 Fourth ballot The results of the fourth ballot: Creaser - 5 Hobel - 1 Macevicz- 2 Vogel - 2 Fifth ballot The results of the fifth ballot: Creaser - 5 Macevicz- 3 Vogel - 2 Sixth ballot The results of the sixth ballot: Creaser - S City Attorney's opinion Councilman Egdahl referred to an opinion of the City regarding Councilman's Attorney sometime ago that a Councilman could not be ap- appointment pointed to serve on the Port Commission. He indicated, before a final vote is taken by the Council on the appointment, that the City Attorney be asked to investi- gate that ruling. Held Tuesday - 6:S0 p.m. - 2 - January 2, 1979 City Attorney's opinion Council discussion followed during which it was concurred regarding Councilman's that the Attorney's opinion, at this point, would not have appointment (Continued) any effect at this time since the Council cast five votes for Mr. Creaser. RETC Representative Mayor Hyde stated that he has asked Councilman Scott to replace him on the Regional Employment and Training Con- sortium. Motion to appoint It was moved by Mayor Hyde, seconded by Councilman Gillow Councilman Scott and unanimously carried that Councilman Scott be designated as.the representative of Chula Vista on RETC. RECESS Mayor Hyde recessed the meeting at 6:52 p.m. The meeting reconvened in the Council Chamber at 7:00 p.m. 7:00 Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Di~ectorof Public Works Robens, City Engi- neer Lippitt, City Librarian Simon, Deputy City Manager Wittenberg, Zoning Enforcement Officer Hodge 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 Mayor Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of December 14, and 19, 1978 be approved, copies having been sent to each Councilman. Councilman Cox abstained on the minutes of December 19 as he was not present at that meeting. 2. SPECIAL ORDERS OF THE DAY a. CERTIFICATE OF Mayor Hyde presented Brenda Ostrowsky with a Certificate RECOGNITION - of Recognition as an expression of the Council's apprecia- BRENDA OSTROWSKY tion for her successful efforts in reviving Yazmin Bnriquez, age 4½, after the child fell into a swimming pool and was discovered face down at the bottom of the pool. Ms. Ostrow- sky removed the child from the water and using mouth-to-. mouth resuscitation, restored her breathing. b. CERTIFICATE OF A Certificate of Recognition was presented to James Berry, RECOGNITION - age 15, for his efforts in using CardiopUlmonary Resusci- JAMES BERRY tation techniques to save the life of Orin Holt, custodian at Chula Vista High School, when he suffered a heart attack on December 7, 1978. Mr. Berry assisted Robert Hood until paramedics arrived at the scene. c. CERTIFICATE OF A Certificate of Recognition was read by Mayor Hyde ex~res- RECOGNITION - sing appreciation to Robert Hood for his efforts in reviv- ROBERT HOOD in~ Orin Holt using Cardiopulmonary Resusitation techniques, with the assistance of James Berry, until paramedics ar- rived. Mr. Hood was unable to attend the Council meeting to receive the Certificate, but it will be forwarded to him. 3. ORAL COM~ICATIONS (None) 4. WRITTEN CO~UNCIATIONS a. REQUEST OF SUPERVISOR Supervisor Hamilton asked that the Council give favorable HAMILTON FOR FUNDING consideration of the request for funding by the South Bay SOUTH BAY ECONOMIC Economic Development Corporation as both the County's and DEVELOPMENT CORPORATION City of San Diego's appropriations are contingent upon the participation of the City of Chula Vista. Councilman Cox reported that a motion by the Mayor's Eco- nomic Advisory Committee recommending funding failed to pass as one member who abstained from voting wanted to see pending reports being prepared by the South Bay Economic Development Corporation before making judgment. Held Tuesday - 6:30 p.m. - 3 - January 2, 1979 Motion to take no action It was moved by Councilman Cox and seconded by Councilman at this time Gillow that no action be taken tonight in regard to SuperL visor Hamilton's letter and that it be brought back at a future date when the South Bay Economic Development Cor- poration approaches the Council again on this matter. Speaking against motion Councilman Scott spoke against the motion, stating the Corporation' has still not submitted sufficient information to the Council. Speaking in favor of Councilman Gillow supported the motion, expressing his motion concern for the neea for new industry in the area and his willingness to give the Corporation an opportunity to sub- mit their analysis. County and City of Councilman Cox commented on the $20,000 offered by the San Diego offer of County of San Diego and funds agreed to by the City of San funds contingent upon Diego for support of the South Bay Economic Development participation by Chula Vista Corporation, contingent upon participation by the City of Chula Vista. He expressed his concern on the loss of these funds for economic development in the South Bay area. Motion failed The motion that no action be taken failed by the following vote, to-wit: Ayes: Councilmen Cox, Gillow NOES: Councilmen Bgdahl, Hyde, Scott Absent: None Motion to expand It was moved by Councilman Gillow and seconded by council~ city's role with San man Scott that staff be directed to look into expanding Diego Economic Development the City's role with San Diego Edonomic Development Cot- Corporation poration and see if possible additional funds would mean more involvement of San Diego Economic Development CorpOra- tion with the City of Chula Vista. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Cox, Hyde Noes: Councilman Egdahl Absent: None Motion not to fund It was moved by Councilman Scott and seconded by Mayor Hyde South Bay Economic that the South Bay Economic Development Corporation not be Development Corporation funded for this fiscal year. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hyde Noes: Councilmen Cox, Gillow Absent: None Motion for City Manager It was moved by Mayor Hyde, seconded by Councilman Cox and to respond to letter unanimously carried that the City Manager prepare a reply to Supervisor Hamilton in response to his letter and advise him of the Council's action. b. REQUEST OF PTA The Rotary Club received an application from the Sweetwater CLUB TO LOCATE Secondary Council PTA for capital funds not to exceed $2,000 BASIC REFERENCE a year for a 5-year Deriod to purchase a basic reference LAW LIBRARY WITHIN law library. The PTA Club requested Council authoriza- THE CHULA VISTA tion to locate the law library within the Chula Vista Public PUBLIC LIBRARY Library to be maintained by Library personnel. Motion to refer to It was moved by Mayor Hyde, seconded by Councilman Scott and Library Board and staff unanimously carried that this be referred to staff and to the Library Board for their consideration and recommenda- tions. Held Tuesday - 6:30 p.m. - 4 - January 2, 1979 c. REQUEST OF CHAMBER The Chamber of Commerce requested,~hat the Council recon- OF CON~ERCE FOR RE- sider the placement of 50 benches at bus stops through the CONSIDERATION OF Bench-&d Company for a trial peri6d of 30 days-,: CONTRACTING WITH BENCH-AD COMPANY Director of Public Norks Robens reported that staff has FOR 50 BENCHES AT arranged to purchase 32 bus benches from an Iowa company BUS STOPS ON A 30- and delivery is expected in 4 to 5 weeks. DAY TRIAL PERIOD Benches to be installed In answer to questions from the Council, Director of Public in two phases Works Robens said that 32 benches are being plaCed this year in areas of greatest need and highest use and remain- ing locations will be identified in the next fiscal.year with a total of more than 50 benches eventually being in- stalled. He stated they are being placed in phases due to personnel workload and identification of appropriate bus stops. The Council expressed disappointment that all benches are not being installed at this time. Motion to send letter It was moved by Mayor Hyde and seconded by CounCilman to Chamber of Commerce - Egdahl that a communication be sent to the Chamber of Com- City to install benches merce to thank them for their viewpoints on this, and to reiterate that the City will proceed with the installation of benches by City forces. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Egdahl Noes: Councilmen Cox, Gillow Absent: None d. CLAIMS AGAINST THE CITY (1) CLAIM OF EMILY A claim was filed against the City in the amount of DUFF FOR DAMAGES DUE $2,000,000 by Emily Duff for the death of her father in TO THE DEATH OF HER the crash of PSA Flight No. 182 on September 25, 1978. FATHER ON PSA FLIGHT NO. 182 Motion to reject claim It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this claim be rejected and referred to the City Attorney for response. (2) CLAIM OF DEBRA Debra Guerrero, et al, filed a claim against the City in GUERRERO FOR DAMAGES the amount of $1,203,000 for the death of Robert Guerrero DUE TO THE DEATH OF in the crash of PSA Flight N6. 182 on September 25, 1978. ROBERT GUERRERO ON PSA FLIGHT NO. 182 Motion to reject claim It was moved by Mayor Hyde, seconded by-Councilman Scott and unanimously carried that this claim be rejedted and referred to the City Attorney for response. (3) CLAIM OF MARGARET A claim was filed by Margaret Adams in the amount of ADAMS FOR ALLEGED $500,000 for alleged damages resulting from an accident DAMAGES DUE TO AN occurring at the intersection of Hilltop Drive and ACCIDENT OCCURRING Street on Julyl4, 1976 when she was struck by a motorcycle. ON JULY 14, 1976 AT HILLTOP AND STREET Motion to consider in It was moved by Mayor Hyde, seconded by Councilman Gillow Executive Session for and unanimously carried that this matter be considered TeasonS of litigation in:Executive Session at the end of tonight's meeting for reasons of litigation. Held Tuesday - 6:30 p.m. - 5 - January 2, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES S. PUBLIC HEARING - The developer of Casa del Rey Subdivision submitted a CONSIDERATION OF petition for the formation of an Open Space District. FORMATION OF OPEN Based upon the specific plan for E1 Rancho del Rey, staff SPACE DISTRICT NO. 10 recommended that Open Space District No. 10 be established (Continued from 12/19/78) with boundaries of Telegraph Canyon Road onthe south, Paseo Ranchere on the east, "J" Street on the north, and the SDG&E easement line and E1 Rancho del Rey No. S on the west. The Council continued the hearing to allow the Windsor Views Homeowner~ Association to meet with staff and define the issues. Public hearing opened This being the time and place as advertised, Mayor Hyde re-opened the public hearing. Windsor Views Homeowners' City Engineer Lippitt said that maintenance of the area Association now willing south of Sesame Street is the responsibility of the Windsor to cooperate Views Homeowners' Association and they have now indicated they wish to cooperate and dedicate this area (Lot B) to the City for maintenance by the Open Space District. He said the assessment rate to be approved tonight is.only for the amount calculated to maintain that open space created by the Casa del Rey development - or Phase I - and when other areas are included, the staff will come back to the Council and establish a new assessment rate. Letters of opposition For the record, City Clerk Jennie Fulasz noted letters of noted for the record opposition received from citizens as follows: Randolph M. West, 3r., 827 Cinnamon Court, Chula Vista - letter dated December 19, 1978 Gary L. Grissett, 813 Cardamom Court, Chula Vista - letter received January 2, 1979 J. G. Burgess, President, Windsor Views Homeowners' Association - letter dated December 18, 1978 Randolph M. West, Jr. Mr. West expressed his views in opposition to the formation 827 Cinnamon Court of the District, stating the information he has received Chula Vista is not clear and he objects to being included when the process is not complete and the costs are not known. Adjustment of rates In answer to a query from Mayor Hyde, City Attorney Lind- require public hearings berg said that if there is any adjustment made in the as- sessment rate, another public hearing must be held Homeowners' Association In answer to further questions, Mr. Lindberg said that his no longer opposed office has received information that the Homeowners' As- sociation have changed their view after discussions with staff and now prefer to be included in the District. Jim Bennett Mr. Bennett questioned why his property was being included 981 Telegraph Canyon Road in the Open Space District and said if the cost is too Chula Vista high, his family could not afford to live where they do. He stated he was not in favor of the formation of the Dis- trict. City Attorney Lindberg explained to Mr. Bennett that there would be no cost to him at this time as development in his area has not occurred. Jim Burgess Mr. Burgess said the Association did submit a letter to President the City on December 18 opposing being included in Open Windsor Views Homeowners' Space District No. 10, and confirmed that since that time, Association the Board of Directors, on receiving additional information, have elected to change their position, but wish to retain the option of maintaining Lot B themselves until the As- sociation determines whether they wish to dedicate this area to the City and be included in the District. Held Tuesday - 6:30 p.m. - 6 - January 2, 1979 M. K. Anderson Mr. Anderson expressed his concern over the lack of com- 819 Chervil Court munication in this matter as he knew nothing of the pro- ehula Vista posed District until he received the notice of public (Windsor Views) hearing from the City Clerk. Mike Wright Mr. Wright commented on the lack of communications and 121 Cedar the different versions of this matter presented in the Chula Vista news media and staff. Pablic hearing closed There being nofurther comments, either for or against, the public hearing was declared closed. Urgency factor involved In answer to a query from Councilman Cox regarding the ur- gency of this matter, Mr. Lindberg explained that there is an urgency factor as the approval of the final map for Casa del Rey has been delayed, pending formation of the maintenance district as a condition of the tentative map. Motion to approve It was moved by Councilman Scott, seconded by Councilman staff recommendation Gillow and unanimously carried that the boundaries and formation of Open Space District No. 10 be approved, and also the spread of assessment at $25.60 per lot for Casa del Rey Subdivision at this time. RECESS A recess was called at 8:15 p.m. and the meeting recon- vened at 8:22 p.m. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. TENTATIVESUBDIVISION MAP FOR CHULA VISTA Director of Planning Peterson explained that the applicant TRACT 79-11, CONVERSION submitted a tentative subdivision map for Palo del Amo, OF PALO DEL AMO APART- Tract 79-11, for the conversion of a 40-unit apartment MENTS TO CONDOMINIUMS, complex, currently under construction, into a one lot con- S4-94 KINGSWOOD DRIVE - dominium project at 54-94 Kingswood Drive in the R-3-P-12 NORMAN STARR zone. On December 13, 1978 the Planning Commission recommended approval in accordance with their Resolution PCS-79-11. Mr. Peterson noted that technically, the proposed project does not meet the requirement ofthe recently adopted condominium ordinance regarding storage space; however; staff has determined that no living area has been sacri- ficed to meet the storage requirement and there is actu- ally 10% more storage area within the units than is re- required. Norm Start Mr. Starr said he is the developer and is in agreement 824 Jamaica Court with the staff report. San Diego Public hearing closed There being no further comments, the public hearing was declared closed. 6a. RESOLUTION NO. 9438 Offered by Councilman Scott, the reading of the text was APPROVING TENTATIVE waived by unanimous consent, passed and adopted by the SUBDIVISION MAP FOR following vote, to-wit: CHULA VISTA TRACT 79-11 KNOWN AS PALO AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow DEL AM0 Noes: None Absent: None 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde APPEAL OF FRANK DEBBAS opened the public hearing. OF PLANNING COMMISSION ACTION REVOKING A In 1970 the Planning Commission granted a conditional use CONDITIONAL USE PERMIT permit for the operation of a major auto repair facility FOR OPERATION OF MAJOR at the rear of 24 Broadway in the C-T zone. Mr. Frank AUTO REPAIR FACILITY AT Debbas acquired the business and on June 9, 1976 was is- REAR OF 24 BROADWAY sued a zoning permit for a minor auto repair garage to be conducted within the building. Held Tuesday - 6:30 p.m. - 7 - January 2, .1979 Zoning violations noted Mr. Peterson discussed the background o~ the original con- ditional use permit and the current use under a zoning per- mit for a minor auto repair garage to be conducted within the building. He said conplaints had'been received and on . investigation, ~everal code violations were noted as the operation appeare'd to be more of a salvage operation which is not permitted in the C-T zone. Mr. Peterson said the owner was advised o~ the situation on Several occasions, but was recurrently unable to comply with the zoning or- dinance.' A series Of photographs taken from 1977 to Decem- ber 1978 was circulated to the Council for their review depicting the area. Roy Hodge Mr. Hodge substantiated Mr, Peterson's statements and out- Zoning Enforcement Officer lined in detail his observations on various inspections from 1977 to date. He concluded by stating the amount of cars indicates the area is being used as a storage lot for a used car Operation in National City., Roland Haddad Mr. Haddad said he was representing Mr. Debbas and that he 7970 Broadway had appeared before the Planning Commission on behalf of Lemon Grove his client. Me said a "stipulation" had been worked out to enable Mr. Debbas to comply with the ordinance and it was not his intent to be in violation of the regulations. He stated that subsequent to September 27, 1978, there is no evidence of a salvage operation and commented on the en- closed area, which is not visible from the street, and the lack of complaints regarding noise from any of the neighbors. He asked that the Council grant :the appeal and place Mr. Debbas on a probation status. In answer to a query from Councilman Scott, Mr. Haddab said Mr. Debbas does operate a used car lot in National City. Mary Jane Machado ~. Machado said Mr. Debbas is her tenant and that she 4819 Birchbark visits the area on occasion and has observed him putting Bonita things in order. She commented on other auto repair shops on Broadway which are visible vs. Mr. Dehbas who is work- ing in an enclosed area and.not ~isible from the street. She asked the Council to favorably consider the appeal. Public hearing closed There beingI no further comments, either for or against, the public hearing was declared Closed. Complaints received In response to a query from COuncilman Cox, Director of Planning Peterson referred to three complaints received - one in December ~977, one in April 1978 and one in July 1978 regarding outside work, vehicles in a state of dis- repair, and oil deposits in the street. He also said the Planning Commission condition that stored cars would have all their body parts has not been complied with. Motion to deny appeal It was moved by Mayor Hyde and seconded .by Councilman Gillow that the appeal be denied. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Scott, Egdahl Noes: Councilman Cox Absent: None 8. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing, PLAN PCM~79-16 TO ADD WAREHOUSE TO EXISTING An application has been submitted for a precise plan for AUTO TRANSFER BUSINESS, the construction of a 3,915 sq. ft. metal warehouse build- 880 ENERGY WAY - COUNTY ing for an existing auto transfer operation located at AUTO POOL 880 Energy Way in the I-P zone. On December 13, 1978 the Planning Commission recommended that the Council approve the precise plan in accordance with their Resolution PCM-79=16. Held Tuesday - 6:S0 p.m. - 8 - January 2, 1979 Recommendation for Director of Planning PeterSon said in reviewing this ap- greater-leeway in staff plication, staff is recommending that in the Otay Indus- approval of small buildings trial Park the staff be given greaterleeway to ap- prove small buildings of the type that should not involve public hearings before the Planning Commission and Council. No affiliation with In answer to a question from Councilman Egdahl, Mr. Peter- County of San Diego son said the name County Auto Pool had no connection with the County of San Diego - bu~,,was 'merely the name~of the. Company. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. a. RESOLUTION NO. 9439 Offered by Councilman Cox, the reading of the text was APPROVING PRECISE waived by unanimous consent, passed and adopted by the PLAN FOR CONSTRUCTION following vote, to-wit: OF A WAREHOUSE BUILDING AT 880 ENERGY WAY IN AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott OTAY INDUSTRIAL PARK Noes: None Absent: None Clarification of staff In answer to a request from Mayor Hyde for further clari- recommendation {ication of the staff recommendation to be given more lee- way in matters of this nature in Otay Industrial Park, Mr. Peterson said most of the buildings are small buildings in out-of-the-way locations and the owners feel'the pro- cess (Planning Commission and City Council hearings) excessive for such buildings. Staff is suggesting that this be streamlined. Motion for suggested It was moved by Councilman Cox, seconded by Mayor Hyde guidelines and unanimously carried that staff come back to the Council with some suggested guidelines to be followed to expedite the process for the Otay Industrial Park. Suggestion for Council tour Councilman Scott suggested thata tour be scheduled for this area. CONSENT CALENDAR Mayor Hyde said a request has been received to continue (Items 9 through 14) Item 14 to the meeting of January 9, 1979. 14. RESOLUTION - It was moved by Mayor. Hyde, seconded by Councilman Cox CO~4ENDING BONITA and unanimously carried that Item 14 be continued as re- VISTA HIGH SCHOOL quested. FOR TRASHATHON PROGRAM Item 12 deleted from Councilman Scott requested that Item 12 also be pulled Consent Calendar from the Consent Calendar and considered ~separately. Motion to approve Consent Itwas moved by Mayor Hyde, seconded by Councilman Cox Calendar - Items 9, 10 and unanimously carried that the Consent Calendar be ap~ 11 and 13 proved and adopted, with the exception of Items 12 and 14. 9. RESOLUTION NO. 9440 - Eastwood and Sons have completed the resurfacing of General ACCE~TING PUBLIC IMPROVE- Roca, Southwestern College and Rancho del Rey Tennis Courts. MENTS, RESURFACING TENNIS A final inspection was made on December 8, 1978 and all COURTS work was found to be completed in accordance with the plans and specifications. 10. RESOLUTION N0. 9441 - One of the conditions of approval of the Tentative Map for ACCEPTING EASEMENT FOR Casa del Rey was for the developers/owners to construct STREET PURPOSES FOR offsite improvements on East '~J" Street and acquire the EAST "J" STREET FROM needed right-of-way. The southerly half of the right-of- TSUTOMU DATE, ET AL way was granted to the City by the Elementary School Dis- trict. On December 11, 1978 the property owners granted the necessary easement for street purposes for the north half of East "J" Street. Held Tuesday - 6:30 p.m. - 9 - January 2, 1979 11. RESOLUTION'NO. 9442 - MLMDevelopment, Incorporated, has compIeted ~he improve= .. ACCEPTING PUBLIC IMPROVE- merits 'on Ridgeback Road in accordance with' ~e Irapro~ement MHNTS, RIDGEBACK ROAD - Agreement dated January 11, 1977. A final ir~spectionWas BONITA VISTA PARCEL MAP mad~ on December 20, 1978 and all work has been conypieCed . to the satisfaction of the City'Engineer. 13. RESOLUTIONNO. 9443 - Ohe of the conditions of approval of '%~ntatiVe Parcel Map ACCEPTING EASEMENT FOR 7g-14 was for the owners to grant the City a Strip of land STREET TREE PURPOSES - 7 feet wide along First Avenue for street tree purposes. TENTATIVE PARCEL MAP On' December 20, 1978 Margaret and John Winner granted the 7g-14 - MARGARET AND required easement to the City. JOHN WINNER CENDOF CONSENT CALBNDAR) ~,RESOLUTIONS AND ORDINANCES, FIRST PdEADING 12, RESOLUTION NOi 9444 - The final map for La Bonita Subdivision has be~n checked APPROVING FINAL MAP b~ the Engineering Division and found to be in conformity FOR LA .BONITA w.ith the Tentative Map approved by the City Council on SUBDIVISION 'August 1S, 1978. The subdivision is for the conversion of a 108-unit apartment 'project into condominiums at 4075-4201Bonita Road. Pro'j.ect meets all In answer to a query from the Council, Director of Public requirements of ordinance Works Robens said that th~ project meets all the conditions of the newly-adopted condominium conversion Ordinance. Resolutibn offered Offered by Councilman Scott, the readingof the text was Waived by unanimous consent, passed and adopted bythe following vote, to-wit: AYES: Councilmen ScOtt, Cox, Egdahl., Hyde, Gillow' Noes: None Absent: None 14. RESOLUTION - '( Continued to 1/9/79- s~e page 8) . CONENDING BONITA VISTA HIGH SCHOOL FOR TRASHATHON PROGRAM iS. RESOLUTION N0. 944S - Captain Seiveno of the Police Department has indicated ESTABLISHINGAN INTER- that for the renewal of solicitors identification cards PRETATION OF SECTION as required by Section S.02.190 of the City-Code, no 5.02.190 OF THE CITY extensive investigation or processing work is.required. CODE RELATING TO FEES It would be appropriate to 6harge a reduced fee of $S.00 FOR ISSUANCE OF for such renewal and a resolution has been prepare~ to SOLICITORS IDENTI- provide administrative guidelines. FICATION CARDS 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 16. RESOLUTION NO. 9446 - On December 19, 1978 the Council approved the purchase of APPROVING LEASE OPTION one IBM Series III Copier currently located in City Hall. AGREEMENT FOR IBM At that time, it was indicated staff .~ould be requesting SERIES III COPIER a change in copy machine arrangements which would require AND APPROPRIATING FUNDS leasing another IBM Series III Copier. A special appro- THEREFOR priation of $2,068 will be ~equired to obtain the second IBM Series III Copier for S months of the current fiscal year. Held Tuesday - 6:30 p.m. - 10 - January 2, 1979 Council discussion The Council held an in-depth discussion with staff regard- ing the need for the additional copier, the cost, the num- ber of copies run for City operationS, comparison of other cities' use of copiers, and resulting inefficiencies if adequate copy machines are not available. The Council expressed concern regarding the number of copies made and the control on the use of copy machines. Speaking in favor Councilman Gillow said he would support the resolution, of resolution but suggested that every effort be made to reduce the number of copies made. Speaking against Councilman Scott said he did not see the need for the resolution additional machine and suggested that another approach be made to solve the copy problem. 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 Noes: Councilman Scott Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 17. ORDINANCE NO. 1848 - In January 1978, the State Law was amended authorizing AMENDING CHAPTER 17.11 cities to require as a condition to the approval of resi- OF THE CITY CODE dential development that developers participate in the RELATING TO THE provision of interim school facilities in cases where PROVISION OF INTERIM there is clear evidence that residential development SCHOOL FACILITIES - would overload existing school facilities. The City At- SECOND READING AND torney prepared an ordinance to permanently effectuate ADOPTION the new State Law and the Council placed the ordinance on first reading at the meeting of December 19, 1978. Ordinance placed on It was moved by Councilman Scott that Ordinance No. 1848 second reading and be placed on its second reading and adopted, and that the adopted 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 18. ORDINANCE NO. 1849 - In November 1978, the Council amended the City Code by AMENDING SECTIONS OF adding a new Chapter entitled "Flood Plain Regulations." THE CITY CODE RELATING This action made the present "F" Flood Plain Modifying TO THE "F" FLOOD PLAIN DiStrict and regulations obsolete and unnecessary. On MODIFYING DISTRICT - December 19, 1978, the Council placed this ordinance on SECOND READING AND first reading amending the Code to delete all sections ADOPTION relating to the "F" Flood Plain Modifying District. Ordinance placed on It was moved by Councilman Scott that Ordinance NO 1849 second reading and be placed on its second reading and adopted, and that the adopted reading of the text be waived by unanimous consent. The motion carried by the forlowing vote, to-wit: AYES: Councilmen Scott, Cox, Egdah!, Hyde, Gillow Noes: None Absent: None 19. ORDINANCE NO. 1850 - To obtain greater utilization, the Parking Place Commission ESTABLISHING TEN-HOUR recommended that the Del. Mar parking lot be metered. On METERED PARKING AT December 19, 1978, the Council placed on first ~eading the THE MUNICIPALLY- ordinance establishing the 10-hour metered parking at ~ ~ OWNED PARKING LOT 282 Del Mar Avenue. AT 282 DEL MAR AVENUE- SECOND READING AND ADOPTION Held Tuesday - 6:30 p.m. - 11 - January 2, 1979 Ordinance placed on It was moved by Councilman Scott that Ordinance No. 1850 second reading and be placed on its second reading and adopted, and that the adopted 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 20. REPORT OF THE CITY MANAGER (None) REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS 21. REQUEST OF LIBRARY For the past several months, Trustee Frank Luxem has been" BOARD FOR ADOPTION researching various California city charters relative to OF RESOLUTION qualifications of City Librarians. On December 6, 1978, SPECIFYING CITY the Library Board of Trustees voted to recommend that LIBRARIAN QUALIFICATIONS certain qualifications for the position of City Librarian be adopted and put into the City Charter. Staff recommendation Staff recommended and reported that (1) Such qualification standards should remain the prerogative of the City Council and not be frozen into the City Charter; (2) Anti-discri- minatory legislation and case law strongly suggest abso- lute academic requirements should be avoided; and(3) No other department head's academic qualifications are speci- fied in the City Charter. Motion to recognize It was moved by Mayor Hyde and seconded by Councilman concern of Board but Gillow that the Council recognize and appreciate the con~ to take no action cern of the Library Board, but in view of the comments on recommendation of the City Manager, the action not be taken as re- commended by the Board and so advise the Library Board. Bruce Murray, Chairman Mr. Murray said it was his impression that this matter Library Board of Trustees would be brought hefore the Council and then referred to the Charter Review Committee. Charter Review Mayor Hyde clarified for Mr. Murray that the Charter Committee disbanded Review Committee had been disestablished and was no longer in existence. Concern of Library Board In answer to a query from Councilman Scott, Mr. Murray briefly explained the Board was concerned with the proce- dure for recruiting a City Librarian at the time a vacancy occurred, and was desirous that the person selected would have the level of competence merited by the Library. The Council noted that the requirements of the City for a City Librarian were even higher than those suggested by the Board. Motion carried The motion to take no action carried unanimously. MAYOR'S REPORT Councilman Scott Mayor Hyde announced that Councilman Scott had been ap- appointed to RETC -- pointed to be the City's representative on the Regional Phil Greaser appointed Educational and Training Consortium (RETC) and that Port Commissioner Mr. Phil Greaser had been appointed Port Commissioner. Personnel Report An expression of appreciation was made by Mayor Hyde to the City Manager and the Acting Director of Personnel for a report on career patterns of City employees. Held Tuesday - 6:30 p.m. - 12 - January 2, 1979 Request to amend Mr. S. C. Mathews of Mathews and Company, ~41 :"K" Street, City Code regarding called Mayor Hyde and said he had received a citation for guard dogs - Section having a barking dog - in violation of the Municipal Code 6.24.040 for "Disturbing the Peace." He explained that he had a guard dog and when he removed the dog, his company was vandalized. Mr. Mathews requested that the Code be amended to exempt guard dogs from the requirements of the ordinance. Motion to refer to It was moved by Councilman Scott, seconded by Mayor Hyde staff and unanimously carried that the staff look into this and bring back a report to the Council. Disturbance at Hilltop Mayor Hyde referred to a memorandum received from the Chief Park of Police regarding the disturbance problem in the Hilltop Park parking lot. He noted it is a sad situation and asked that the Police continue to do the best they can to control the problem. Status report on In answer to a query from Mayor Hyde regarding a status "H" S~reet development report on the development of "H" Street, Director of Public on January 9 Works Robens said a report will be on the agenda for January 9, 1979. COUNCIL COMMENTS Request to Councilman Scott said that staff would like a member of attend conference the Council to attend a labor relations institute in San Francisco on January 17 and 18, 1979. He asked Council permission to attend this institute. Motion to authorize It was moved by Councilman Cox, seconded by Councilman conference attendance Gillow and unanimously carried that Councilman Scott be authorized to attend the conference in San Francisco as requested. Broken fence along Councilman Scott called attention to the broken chain link Telegraph Canyon Road fence on Telegraph Canyon Road along the drainage channel after it was hit by a car. He questioned who was respon- sible for its repair. Mr. Robens said he will check into this and have the repairs made as needed. Telegraph Canyon Road In answer to a question from Councilman Egdahl concerning to be completed soon a schedule for completion of Telegraph Canyon Road in in area of E1Rancho the area of E1Rancho del Rey #5, Mr. Robens said this del Rey Unit 5 scheduling is not under the control of the City, but the developer has reported that it is anticipated the work will be completed in three weeks - barring rain. Request for written It was moved by Councilman Cox, seconded by Councilman policy on two-term Scott and unanimously carried that staff be directed to limit on Council prepare a written policy whi.ch would establish a two-term appointments limit for all appointive offices that the City fills not covered by the Charter. Councilman Egdahl suggested that the Council selection by the balloting process to fill the vacancy on the Port Commission be formalized. Council action It was moved by Councilman Egdahl, seconded by Councilman formalized Scott and unanimously carried that Mr. Phil Creaser be appointed as Port Commissioner for the next four years. Mayor Hyde questioned the staff as to when they are plan- ning to move into the new service building. New service building Director of Public Works Robens said he had received in- 98% complete - move-in formation from the Building and Housing Department that expected first part of the building is 98% completed and there should be no prob- February lem on January 18 in holding the California League of Cities dinner meeting. However, the staff move will not be made until February 2 or 3, 1979. Held Tuesday - 6:30 p.m. - 13 - January 2, 1979 Suggestion for "super" Mayor Hyde said the City Attorney suggested the Council open space district consider establishing one super open space district to in E1Rancho del Rey encompass the E1Rancho del Rey area. Study on open space Assistant City Manager Asmus said staff has started work under way on a study of all the open space district problems and this will be part of the study. Motion for Executive It was moved by Mayor Hyde, seconded by Councilman Cox Session and unanimously carried that the Council recess to Execu- tive Session for litigation purposes. EXECUTIVE SESSION The Council recessed to Executive Sessionat 9:S0 p.m. with the City Clerk being excused. Mayor Hyde reported that the meeting reconvened at 10:05 p.m. Claim of Margaret Mayor Hyde announced that the Council concurred that the Adams continued to Claim against the City from Margaret Adams be continued 1/9/79 until the meeting of January 9, 1979, ADJOURNMENT Mayor Hyde adjourned the meeting at 10:06 p.m. to the regular meeting scheduled for January 9, 1979 at 7:00 p.m. in the Council Chambers, City Hall.