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HomeMy WebLinkAboutcc min 1979/03/20 MINUTES OF A REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday ~ 7:00p.m. March 20, 1979 AIregular me~ting of the City Council of the City of Chula Vista, California, was held on th~;ab0Ve date beginning ~t 7:00p.~. in the Council Chamber, City Hall, 276~ Four~h~AVenue. ROLL CALL 'Councilmen present: Mayor Hyde, Councilmen Cox, Gillow Scott · Councilmen absent: Councilman Egdahl Staff present: City Manager Cole, City AttorneyLindberg, Assistant City Manager Asmus, Deputy City Manager Robens, City Engineer Lippitt'~hDirector of Planning Peterson, Chief of Police Winters, Director of policy Analysis & Program Evaluation Wittenberg, Director of'Parks& Recreation Hall, Acting DireCtor Of Personnel Thorsen, Director of Community DevelOpment DeSrochers}'Purchasing Agent Espinosa The pledge of allegiance to the ~Flag was led by Mayor Hyde followed by a moment Of silent prayer. · 1. APPROVAL 0F MINUTES It was moved by CounCilman Gi'llow., seconded by:Councilman Scott, and unanimousiy carried by;those present, that.the minutes of the meetings of March 8 (as.l~mended) and 13, 1979,' be approved, copfes having been sent ~b each Councilman. " Mayor Hyde asked that the minutes.of Mirch change a word of the motion Cpage 5 - BonitaLong Canyon Estates) from "western" to ~he wO~d "eastern!'. 2. SPECIAL~0RDERS OF THE DAY None. , 3. ORAL COMMUNICATIONS Joseph Raso Mr. Raso gave the backgroundonl~iS Xttempts to remodel,the La Bells Pizza restaurant (Since 1975). .-He stated that his plans 'have,been approved by aCalif~rnla State Engineer and he will begin remodeling in April without any'City permitl City Manager Cole said he talked to Mr, Raso today, and explained that the Design Review Committee must approve his plans since the building is in the Town Centre RedevelOpmerit area, and that the remodeling should not be done without' first obtaining a building permit. At the suggestion of Council, Mr. Cole said=he would be pleased to meet with Mr. Raso "and his people" and would also suggest Mr. Rasobring his.attorney to the meeting. Council: man Cox stated he wouldbe present at this meeting, . Meeting scheduled .DepUty Ci{y Manager Robens said that the meeting can be held tomorrowat 5:00 p.m. JamesMatherly Mr. Matherly read: a statement he gave to the ComprehensiveI 402 Oaklawn Avenue, CV Planning OrganiZation in San Diego on MondayiMareh 19, 1979 speaking agalnstthe proposal for a Regional Transit ~utho~ity, the rail system, and the national debt. · K. Niek Slijk Mr. Slijk asked the Council to reconsider its action ~n not Chamber of Commerce acceptin.g the proposa!for.-a golf course and Convention center at 1-805 and "H" Street. He noteda newspaper article whic~ stated that the cOnVention centerin Sa~,Diego wo~ld bring on demand:'~6r. ah addi~fofial,'SOOOi~el-]hdtel rooms. 4. WRITTEN CO~4UNICATIONS None. Held Tuesda~ - 7:00 p.m. -2- Mirch 20,. '1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS :AND ORDINANCEB S. PUBLIC HEARING ~ This being the time and place as advertised, Mayor'Hyde CONSIDERATION~ OF REQUEST . opened the public hearing. FOR CERTIFICATE OF CON- VENIENCE AND NECESSITY TO Aaron Ambulance requested a Certificate' of Public Convenience OPERATE AFBULANCE SERVICE and Necessity in order to accept ambulance calls in;this IN THE CITY OF CHULA VISTA- City. In a written report to Council, Chief of PoliCe A~RONi~MBULANCE SERVICEi Winters stated that Hartson Ambulanc~ Company now hasthe contract with the City to receive all the emergency medical calls. In his investigation of this operation, the Chief remarked that Har~son's service is adequeate to meet .the public demands and he would, therefore, recommend denial of Aaron's request. Ted Bradt; Applicant Mr. Bradt said he has waited ten years to serve this City. 3133 E. Second Street On an average, he has been receiving two or three calls a NatiOnal City week from the citizens of Chula Vista who wish to call an ambulance service ether that Hartson's (Bay Cities). Mr. Bradt explained the reciprocal agreement with the ambulance companies: if thereis an emergency, such as heart attack~ the nearest ambulance service to the patient is called. : Mr. Bradt added that if his request is approved, the Council : also approve hfs ratjeschedule, Which is more than Hartson's. Robert Spradley Mr. Spradley asked that the request of Aaron's Ambulance Vice President Service be denied based on the fact that his company is Hartson's Ambulance Service giving adequate and good service to the City. Council discussion Discussion followed regarding the number of cities Hartson's has an exclusive contract with; the financial aspects of emergency calls versus the non-emergency; the open competi- tion of allowing. other entities to come into the City;~and the paramedic services offered by Hartson. Public hearing closed There being no further conunents, either for or against, the hearing was declared closed. Motion to deny It was moved by Councilman Scott, seconded by Mayor Hydei and unanimously carriedby those present, that the request of Aaron Ambulance be denied. 6. .PUBLIC HEARING- This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing. PLAN GUIDELINES FOR OTAY INDUSTRIAL PARK AT OTAY Referring to his written statement, Director of Planning AND NIRVANA Peterson explained that the area was zoned I-P (General AVENUE IN I-P ZONE Industrial with.Precise Plan Modifying DistriCt) in March 1973 Subsequently~ a {entative pa~cptT:map ~.fited:Ydi~idin~.:;:~L the propertyinto 31 lots, In addition, Covenents, Codes Restrictions were recorded and guidelines for devel6pm~nt were drafted by the developer. D~velopments in the Park after it went into bankruptcy have been approved by the Planning Commission and Council based on their conformity to the draft guidelines and many ofthe requirements in.the Covenents, Codes ~ Restrictions. Planning Commission approval and recommendations Mr. Peterson remarked that .the.developments in the Park have involved uses which require only portable buildings and~or small industrial buildings. He proposed the adoption Of the development guidelines asapproVed by'the Planning. Commission, which would.allow staff to process the small- deVe!opments!therebyencQuraging future developments oYf the Park, and that the ZOning Administrator is authorized to'approve ind6strial development~ i~the Otay IndUstria! Park where such industrial developments involve no Builaihg , containing"~ore than. 5,000 SqUafefeet~ Held Tuesday - 7:00 p.m, -3- March 20, 197~ Public hearing closed There being no comments, either for or against, the.hearing was delcared closed. 6a. RESOLUTION NO. 9532 Offered by Councilman COX,' the reading~of the text was APPR~VING PRECISE PLAN waived by unanimous consent of those present. GUIDELINES FOR OTAY INDUSTRIAL PARK AT OTAY VALLEY ROAD AND NIRVANA AVENUE IN THE I-P ZONE Speaking against Councilman Scott indicated his concern that the City is resolution "bending its standards in order to meet somewhat less than optimum tenants." He felt' this was poor planning and' more effort should be put into what goes in d6wn there so it can be a model area for Chula ViSta. Council discussion Discussion ensued regarding the types of uses being pro- posed for the area; the Covenants, Codes & Restrictions; and the staff's proposed guidelines. Offer of Resolution The resolution carried by the following vot~, to-wit: carries AYES: Councilmen Cox~Hyde, Gillow Noes: Councilman Scott Absent: Councilman Egda~l Motion for status reports It was moved bY Mayor Hyde, seconded by Councilman Gillow and unanimohs!y carried by those present that the staff report back to the City Council a~d the Planning Commission - a status report on the effectivenestOr this new prOdedure in six months and in one year. 7, PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF CHANGE , opened the public hearings on items 7, 8 and 9. OF PREZONING FOR 10.9 ACRES LOCATED 66D FEET EAST Director Of planning PaterSon explained that this hearing OF THE 300 BLOCK OF involved a zone change for the 10.9 acres of property HILLTOP DRIVE FROM R-E TO presently located in the County which has been prezoned R-E-PUD R-E (Residential Estates, 20,000 square foot lot sizes). The property is in the process of~being annexert'0 the. City. Planning Commission On February 28, 1979, the Planning commission adopted the R~commendation NegatiVe Declaration on the update of the original Initial Study IS-76-41, and recommended approval of the lyrezoning to R-E-PUD in accordance with their Res0~utio~ PCZ~79-F. 8. PUBLIC HEARING - - Director of Planning Paterson reported that the applicant CONSqDERATION OF TENTATIVE submitted the tentative map in order to subdivide 10.9 SUBDIVISION MAP FOR CHULA acres located at 357 Hilltop Drive into 19 single-family VISTA TRACT 79-15, VILLA residential lots and one common lot. SAN MIGUEL Mr. Paterson referred to his written report in which he detailed the existing site characteristics, streets, parking, .. grading, utilities and the sewer connections for the property= Planning Commission The Planning Commission~ecommended approval of the map in · recommendation regarding accordance with their Resolution PCZ-79=IS. One of the sewer connections issues discussed at the Planning CommisSion meeting ~as how to get sewer to this development~ The tentative map proposes an.offsite sewer easement which wouid connect with the sewer in Eucatyptuls Court. This would have to go through property owned by Mr. Frank Ferreira; however, the applicant is now pursuing the possibility of going to Benira Glen Drive (to the e~st). The conditions of approval recommend that the City lend its powers Of eminent domain 'to acquire an offsiteSewer easement, if this should be necessary. . Held Tuesday - 7iO0 p.m. -4- 'March 20, 1979 Drainage As to the drainage, the applican~'S proposal iS accept'able: taking the drainage to the north of the property. H de' Homeowners Association In answer to Mayor y s question, Mr. Peterson said the establishment of the Homeowners AssOciation is implied in the listof conditions. 9, PUBLIC HEARING - Director of Planning Peterson discussed the applicant's: CONSIDERATION OP SITE proposal to build 18 new homes on this site: five basic PLANS FOR VILLA SAN MIGUEL, models, four of which will be split level with three-car PUD-79-1 garages and the fifth will have a two-car garage. Mr. Peteffort noted the construction plans for the hemes, the recreation building~ renovation of the existing buildings on the site, fencing and landscaping. Planning Commission The Planning Commission recommended,approval in aqcordance. recommendation with their Resolution PUD-79-1. J. M. Brennan Mr. Brennan said it was premature for the Council to act 309 Hilltop Drive, CV on this map because there is no certainty that the area will be annexed to the City. If the Board of SuperviSors favorsthe annexation, that action will be challenged, which will render the property unavailable for development for at least two or three years. Mr. Brennan made reference to some "existing flaws" in the annexation and questioned the negative declaration of the environmental impact report since there are serious problems dealing with sewe~, drainage, noise and traffic congestion. He :a~ded that the property is zoned Agriculture in the County;tHe Swee~ater Planning Organization has rejected the development because it did not.~it in within the general plan Ifor theSweetwater Valley. Mr. Brennan discussed the access to' this site shown as a SO-foot road commenting that at one point, the road is only 20 feet wide. Condition for a Planning Director Peterson agreed that the street narroWS "turn-around" at the east end to a width of 20 feet. Another condition of approval requires an adequate turnsaround facility to be provided at theeast end of the roadway~ If that requires acquisition 'of additional property~ again the recommendation is that the City ~se its pOwerS of eminent domainto acquire .:'~ ' this property. Mike Po~ynor,'Attorney Mr. Poynor, representing Frank Ferriera, showed an aerial 225 Broadway photo to the Council of the proposed development site and 19th Floor that of the property. of Frank Ferriera (home and Whispering San Diego CA 92101 Trees complex). Mr. Poynor stated that the drainage will be a problem on the apartment complex. The grading of 12,00~ cubic feet is going tO. Occur close to Mr. Fer'rier.!s.~hbuse~ (within 65 feet) which Will alter the drainage onto his house. Mr. Poynor declared that ~n environmental impact report should be prepared for the property in which the drainage and sewer should be addressed before the project is approved. ,As.to the sewer drainage easement, Mr. Poynor claimed that the developer haS the ability to run the sewerage out to · Hilltop Drive, the project could even exis~ as presently !' configured with a lift station. 'G. Don Lindberg, Attorney Attorney Lindberg said he met with:the City Engiheer this morning and there is an alterhative to the eXiSting sewer ,'~ and drainage which would combine those two problems into a different location than di,scussed this evening~ As to the environmental impact repo~t's negative declaration, Mr. Lindberg stated the City is ~n,iA~e~aL~ly.l~oun~cip~SiZ:ion.- the report done by the Environmental Review Committee has been done in compliance with the California State Law. Held Tuesday - 7:00 p.m. -S- March 20, 1979 Terrence O'M~lley, Attorney Mr. O'Maltey said h.e was the Attorney for the applicants/ 2100 Union Bank L & M Professional Consultants San Diego He asked for the foliowing revisions tO the P!anning- Commissio~ Resdtution (PCS -79-15): lb. Delete this condition: hLion Circle shall be renamed : LioB Court:" lc. The revised tentative map has been submitted which calls for a 4.foot curb, gutter and sidewalk and deletes the word "monolithic". ld. Staff is now satisfied that a P,C.C. curb limited to the entrance road only would. be consistent with the rural nature of this development. 2b. Delete the wox d "hammerhead" and put in the word aro d" "turn- un . 2c. Because of the change of the road from a public to private road, the entire paragraph can be deleted. 7c. In the last sentence, replace the word "tentative" with the word "final." Mr. O'Malley asked that .this entire process not be held up pending the Board of Supervisor's action on the annexation. The developers took over this map from a prior owner, making substantial changes to m8~ it more sensitive to the .staff's environmental concerns. They believe the drainage system proposed is quite feasible and presents no problem to Mr. Ferreira. The sewer easement has been designed so as to minimize the inconvenience to ~the adjoining land owner. Bill Moser Mr. Moser discussed the drainage problem which he declared Engineer for the project will not .exist once the project is completed. The problems Nasland Engineering cited by Mr. Ferreira were the results Of water breakages 4855 Ruffnet Street on the property (as noted at the Planning Commission meeting). Sall .Diego Dr. GeOrge~ D ~ICave Dr'. Cave referred to deletions in the Planning CommiSsion* 345 Hilltop Drive resolutions: the cu!-de-sac and the turn-around on Lion's Chula Vista Court. He asked if it was routine for the staff to change the conditions approved by the Planning C6rmnission. Mr. Peterson invited Dr. Cave to come to his office and listen t'o the tape ~ecording of the Planning Commission meeting stating he will find the resolution an accurate document of their action. Frank Perriera Mr. Ferreira said He bought his present home on a 2-3/4 250 Bonita Glen Drive acre ~te which abuts the property on its east side. He Bonita felt he was protected because of the zoning of the. proper~y. Mr. Ferriera remarked that there are many alternatives the developer can take to make the site develjopment more feasible - correcting the drainage, sewer, and turn-arounds, adding that he would be happy to assist the architects on these- issues Public hearing closed There being no further comments, either for or against, the hearings were declared closed. Recess A recess was called at 9:10 p.m. and the meeting reconvened at 9:20 p.m. Held Tuesday - 7:00 p.m. ~ 6-. March' 20, 1979 City Engineer Lippitt Mr. Lippitt'discussed the City.'i:polic~eS~nc.erning drainage and sewer recommending that a. pump'station. not be :rapproved, and indicating his'belief that the drainage problems citedby Mr. Ferreira will be corrected once the developmeht.occurs. Revised .conditions. Director Peterson noted the staff,s concurrence of the noted Conditions being asked for revision (0'Malley).- · Motion to modify It was moved by Councilman Scott and secondedby CoUncilman r~solution .: Cox that those changes be made or'any other changes-of.a . techniCalnature be made and brought back to the Council -- · all three iteas .to be brought back at the next Council meeting. ' Condition No. 4 l~r. Lindberg noted' that at the planning Commission love:l, the Attorney inserted a "Hold Harmless" clause as a means of resolving potential drainage problems. He asked that this be retained and also require the storm drain which is accept- ~ able to the developer. Included in motion Councilman Scott said he would include this in his motion; COuncilman Cox agreed to the second and the motion carried. unanimously by those present. 7a.. ORDINANCE (Continued to the meeting of 3-27-79 AMENDING THE ZONING MAP TO CHANGE THE PREZONING FOR 10.9 ACRES LOCATED EAST OF THE 300 BLOCK OF HILLTOP DRIVE FROM R-E TO R-E-PUD - FIRST READING 8a. RESOLUTION (Continued to the meeting of 3-27-79) APPROVING TENTATIVE SUB- DIVISION MAP FOR CHULA VISTA TRACT 79-15, VILLA SAN MIGUEL 9a. RESOLUTION Continued to the'meeting of 3-2~=79) . APPROVING SITE PLANS FOR VILLA SAN MIGUEL, PUD-79-1 RESOLUTIONS AND ORDINANCES, FIRST READING 10. RESOLUTION NO. 9533 Leases on two Public Works CETA pick-up trucks expired xn AUTHORIZING PURCHASE OF February and there is a purchase price provided at the end VEHICLES LEASED FOR of the first year: $4,877.52 for the crew cab pick-up CETA WORK PROGRAM truck and $4,875.00 for the four-wheel drive pick=up truck. Based on need, staff recommended purchase of the vehicles. Resolution offered . Offered by Councilman Scott. the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen-Scott, Cox, Hyde, Gillow Noes: None Absent: Councilman Egdahl 11. RESOLUTION NO. 9534 Bids were received on January 22° 197~ for rbadi~F:!igh~ing ACCEPTING BIDS AND AWARD- luminalieS.:~d s~pplieS2to:he,inStalledbjGity=staff on ."E" 'Stree ING CONTRACT FOR ROADWAY berne'On I-S. and"B~d~aF, ,fl".;Stre~ b~We'en;-I~S :stud Broadway and LIGHTING 'LUMINAIRES AND B~:~d~a~ bet~en' ij'E". ~ an'dI ~'lx' Stre'e~'i :: It ~as. i~Ommehdi~ that the SUPPLIES bids be accepted and the contract awarded' to E.S.D. Company in the amount of $12,873.65. Held Tuesday - 7:00 p.m. ,! -7- Ma-rch20~"i979 R~solUtion offered 0.flared by Mayor Hyde, th~r~aaing of. the teXt'~/as , waived hFunanimous consent of those piesent, passed and adopted by the followifig vote, to-wit: AYES: Mayor Hyde,.Councilmen Gillow, Scot~, Cox Noes: None Absent Councilman Egdah~ .. : '12. RESOLUTION NO. 9535 Bids were received on January 22, t979 for the playgrotmd ACCEPTING BIDS AND equipment which Will be u~ed for development of the SDG~E"' AWARDiNG~CONTRACT FOR easemen:t at Hilttop, E1 Rancho delRe,y, and girls'softball pLAYGROUND STRUCTURES programs. The low bids were acceptable: Miracld/Jamison: AND EQUIPMENT $28,028.52; LOU Hanson a Associates-$2,406.20 and R. Gi. Dormers ~ Associates - $2,654..Slf0r a total of $33,089.23 fo~ the varfous structures and equipment.- Resolution offered Offered by Councilman CoX, the reading of the text was waived by unanimous consent of those present, passed.and adopted by th~ following vote, to-wit: . AYES: 'Councilmen Cox, Hyde, Gil!ow~ Scot~ Noes: None Absent: Councilman Egdahl 13. RESOLUTION NO. 9536 Great Western Solar Corporation has completed the work in WAIVING THE LIQUIDATED accordance with their contract dated August 1, 1978 except DAMAGES FOR THE FAILURE OF that it took longer than 90 days specified in the contract. GREAT WESTERN SOLAR They provided staff with sufficient evidence that they CORPORATION TO COYn°LETE diligently attempted to complete the contract within the Tile SOLAR SYSTEMAT THE ~ime frame. Based on the evidence, s~aff recommended an PARKWAY GYN~qASIUM AND extension of 78 days making the completion date February RATIFYING ACCEPTANCE OF THE 23, 1979. WORK ON FEBRUARY 14, 1979 BY'THE DIRECTOR OF BUILD- ING AND HOUSING Council discussion Councilman Scott questioned the staff's reasons for extending the qontract and the policy regardingliquidated damages. ResOlution offered ' Offered byMayor Hyde, the readlng of the text was waived by unanimous consent of f~oie:Z.present, pa~sedand adopted by the following vote'r to-wit: . AYES: MayOr Hyde, Councilmen Gillow, Scott, Cox Noes: None Absent: CounCilman Egdahl. 14. RESOLUTION NO. 9537 In accordance with the agreement dated September 26,* 1978 ACCEPTING REPORT ON U.S. (ReSolution 9298), thelaw firm of Tyro a Kamins provided DEP~d~TN~ENT OF LABOR'S the Council with a report analyzing all possible legal and iS(c) RI~GULATIONS IMPACT economic impacts that the U.S. Department of Labor 13(c) ON THE CITY BY TYRE ~ regulation.s could have on the City. Payment of $2500 is KAMINS AND AUTHORIZING' required: for this service. PAYN~NT OF $2500 Resolution o~fered Offered by Councilman Scott, the reading of the text was- waived by unanimous consent of those pre~ent, passed and adopted by the following vote, to-wil: AYES: 'C0hncilmen ScOtt, Cox; Hyde, Gillow' Noes: None Absent: Councilman Egdahl Held Tuesday - 7:0'0 p.m. -8- :~ ' March20, 1979 iS. RESOLUTIO~ NO. 9538 Transit Coordinator Bloom submitted a report eXplaining P~QUBSTING THE METROPOLITAN that at the Conference.'~f March 8, lg79, Counci~ approved · TPJ~NSIT DEVELOPMENT BOARD the City continuing to implement the Tra~Sit Developmen~ [NFFDB) AND THE COMPREHEN- Plan's recommended Chula. Vista Transit service improvements SIVBPL;CNNING ORGANIZATION :In FY 1980; reta]n'.the three San Diego Transit inter-~tt~ (CP0) TO MOLD $ 200,000 routes and purchase 14 used buses. In followipg !~his program, OF CHULA VISTA'S FISCAL the City will fall $200,000 sho~t'~ The 1979 State Trans- YEAR 1979 LOCAL TRANS- perration Development. Act~ states that eligible transit PORTATION FUND (LTF) operators may use their appropriated but unallocated LTF RESERVES funds for capital intensiye transit-related improvements. ResOlution offered Offered by Mayor Hyde, the re~din~ of; the text W~S'lwaived by unanimous consent of those present, passed ahdI;ad0pted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow~ Scott, Cox Noes:. None Absent: Councilman Egdahl 16. RESOLUTION In Ne~e~ber 1978; the City received a complaint based on its AMENDING THB"~EWBR refusal.to accept any liability for a bil-lingfroma licensed MAINTENANCE POLICY AS sewer cleaning firm to a property owner when .it was determined PREVIOUSLY ADOPTED BY that the sewer stoppage was in the sewer ~in and the R~SOLUTION NO. 4377 responsibility of the City. Based on theopini0n of the City Attorney, the resolution is ,being amendedto provide ' that such cost be borne by the City .and is not reasonably assigned to the property owner. Statement questioned Mayor Hyde questioned the statement in the resolution which state~: "since the City has now fully assigned all resp6n- sibility for the cleaning and maintenance of sewer"laterals to the property owners, it is deemed reasonable toacCept the: cost of the determination of the location of such stoppage". Motion for continuance It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried by those present that this item be con- tinued for one week. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 17. REPORT ON PROPOSED This item was con/inued from the last meeting for a staff. SII~BIER EDUCATIONAL/ report on questions raised by the Council. RECREATIONAL PROGRAM Director of Parks and Recreation Hall explained the potential costs to the City :' liability and legal ramifications of the program. He recommended that the Council accept the, plan in: , concept: instruct staff to start implementation, andLre~urn to Council with. an agreement if enough parent interest is shown. (Fees paid by parents would'pay the salaries of the instructors) The only cost to the City would be for the educational part of the plan: administrative cost for eol~p~ing{.ees~ contract- ing: for and paying the instructors. Motion for approval with It was moved by Councilman Scott and seconded by Councilman no cost to City Cox that the Staff recommendations be approved with the proviso that all costs - that's all costs- be covered by the fees charged as they relate to th~ educational program. Discussion of motion Mayor Hyde referred to the Staff's report WhiCh indicated some administrative costs ($150) would be involved but that the City more than recoups that amount by the operational cost borne by the school district for the afternoon programs. Second .withdrawn Councilman Cox withdrew his second tO the motion. The motion died for lack of second. Motio~ for approval of It was moved by Mayor Hyde and seconded by Councilman GilloW staff's recommendations for approval of the staff's recommendations. ,~' Held Tuesday - 7:00 p.m. -9- March 20, 1979 Speaking against motion CoUncilman Scott felt the City should not take 'on any additional project which will cost mote money, especially now in ~ight of Propos~tion Motion: carried ~ The motion carried by the follewing vote, ~o-wit: AYES: Mayor Hyde, Councilmen Gillo~,.CoX' Noes: Councilman Scott Absent: Councilman Egdah! 18. ORDINANCE NO. 18S9 The ordinance was approved and placed on first reading at AMENDING THE ZONING MAP the meeting of March 13, 1979. It is~nOQ ready for~second TO CHANGE THE ZONE FOR reading and adoption. 12.33 ACRES AT 345 UC" STREET FROM R-3-L-M-F TO MHP - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Gi'llow that this ordinance be reading and adopted placed on second reading and adopted, and.~hat the reading of the text be waived by unanimous consent Pf those present. Motion carried The motion carried' by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Cox, Hyde Noes: None ,: ~ Absent: Councilman Egdahl 19. ORDINANCE NO. 1860 The ordinance was approved and ptac~d on first reading at A~RNDING THE ZONING MAP the meeting of March 13, !979. It is now ready for second TO CHANGE THE ZONE FOR reading and adoption. 26.S6 ACRES AT 1100 'INDUSTRIAL BOULEVARD FROM R-S-L-M TO MHP - SECOND READING.AND ADOPTION Ordinance placed on second It was moved by Councilman Gillow that this ordinance be reading and adopted placed on second reading and adopted, and that the reading of the text be waived' byunanimous consent Df those present. The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Cox, Hyde Noes: None Absent: Councilman Egdahl 20. ORDINANCE NO. 1861 The ~rdinance was approved and placed on first reading AMENDING THE ZONING MAP the meeting of March iS, 1979. It is now ready for second TO CHANGE THE ZONE FOR reading and'adoption. 30 ACRES AT 192S OTAY LAKES ROAD FROM.R-i TO ~P - SECOND READING AND ADOPTION Ordinance placed on second It was moved by. Councilman Gillow that this ordinance be reading and adopted placed on second reading and adopted, and that the reading of the text be waived by unanimous consent of those present. Th~ motion carried by'the following rot'e, to-~it: AYES Councilmen Gillow, Scott, Cox, Hyde Noes: None Absent: Councilman Egdahl Held Tuesday -'7:00 p.m. -10~ Marck 20, 19~9 21. bRDINANCE NO. 1862 The 0rdinan~e was ipp~oved'and placed on first reading. at AMENDING' THE ZONING"MAP the meeting of March 13, 1979. It is now ~eady for second 'TO CHANGE THE ZONE FOR' reading and adoption. 30.50 ACRES AT 1425 SECOND' AVENUE FROM R-5-P-15-M TO NMP - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Gillow that. this ordinance be second reading and placed on second reading and adopted, and that the ~eaaing adopted -of the text be waive~ by unanimous consent~.~f those. present. The motion carried by the following vote; to-wit: AYES: Couneilmen Gillow, ScOtt, Cox, Hyde Noes: None Absent: Councilman Egdahl 22. REPORT OF THE CITY MANAGER a. Consideration of staff City Manager Cole submitted an evaluation of the report and recommendation of the recommended the following: Booz, Allen ~ Hamilton report 1. The Planning Commission and City Co~cil be relieved of the-responsibility o;f acting on a number of relatively minor and some medium-weight items. 2. The City Engineer be responsible for acting on requests for deferral of public improvements. 3. The Design Review Committee be responsible for reviewing precise plans in commercial and industrial zones. 4. The Zoning Administrator be responsible for the site planni~ and architectural ~9m~atibility .aspects of t~e moving of structures.within~:t~.City. 5. Staff to schedule Owner-participation agreements for condominium developments ~ithin the .~edevelopment area so that the Agency can consider it the same evening as the Council considers the tentative~map. Motion for Council It was moved by Mayor Hyde, seconded by Councilman Scott and Conference unanimously carried by those present that this matter be referred to the Planning Commission for their comment and return. it to the Council - to be scheduled for a COuncil Conferenoe at the time it comes back from the Planning · Commission. 22b. EOUNCiL %~ON~E'RMNCES City Manager Cole submitted a list of proposed Council Conferences for the period of March 22 through April 2~, noting a Capital Improvement projects tour on April 21. Motion to approve It was mo~ed by Mayor Hyde, seconded.by Councilman ~illow.. 'schedule. and unanimously carried by those present that the schedule be approved. Items.added to March City Manager Cole indicated the following twoitems'Will be - 22Conference added to the agenda of March 22: AB 405 and AB .551, Held Tuesday - 7:00 p.m. -11- March 20, 1979 22c. M4~OIT~NANT FOR The City Manager reported that Mr. Lipp said the.prime BROADWAY SHOPPING prospect for the major tenant has indicated they are not CENTER interested in locating here. Mr. Lipp will be here on March 29 at 10 a.m. to discuss this, and it was Suggested members of the Council be present at this meeting. Motion to schedule It was moved by Mayor ~yde, seconded by Councilman Cox and meeting unanimously carried by those present that the date (3/29/79). be confirmed and, depending on the number of Councilmen available, a Redevelopment Agency meeting be Scheduled (if more tha~ 3 attend) or else have just a simple workshop meet ing. 22d. NEC~JTIATIONS WiTH MR, Director of Community Deyelopment Dearochers rep0r~d that CkABB (1 ACRE IN C~STL~ Mr. Crabb is ill and the staff has talked tO hiS'~a~torn~y. P~%RK) The prospect of extending the time to.90 or 150 days sounds good; however, the Option amount will be greater than the $1000 previously discussed. Staff is attempting to work out a plan whereby some of the money will be refundable to the City if the deal does not work out. A status report will be given to the Council on Thursday CMarch 22). REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 23. STATUS REPORT ON VOLUN- Acting Director of Personnel Thorsen submitted a report - TEER'~ROGRAM no~ing that volunteers are currently working in the Parks and Recreation, Library, Personnel, Finance, Police and City Clerk's departments. She discussed the administrative procedures on implementing the program and remarked that although the program is just three months in active operation, it is expected that by mid-year, volunteers will become an accepted part of the City operations. Ms. Thorsen said she plans to give the program, Some publicity during the week of April 21-28 since it iS "National Volunteer Week." Report Accepted It was moved by MayOr Hyde, seconded by Councilman Scott and unanimously carried by those present, that the repQrt ~e accepted. 24. REPORT ON SUMMER CONCERT Director of ParRs and Recreation Hall ~resented areport SERIES IN.~MORIAL BOWL ~oting the concerts held last year: fiyeby the Ch~,la ViS[aZ. City Band, four by special guests and one by the_San D~ego Symphony Orchestra. This year, ~he Symphony Orchestra will give four performances at Southwestern Colleges(none a~ Memorial Bowl) and has asked ~he Cit~ tO spon~or?one~of these concerts at $4,000. . Recommendations Mr. Hall recommended that the Council approve a ten-conce~t series consisting 'of five performances b'y the Chula Vista City Band; four guest performances; a final performah6e 5y the San Diego City/County Band and no City-sponsored concerts by the San Diego Symphony Orchestra. Report accepted It was moved by Mayor Hyde, seconded ~y COuncilman Scot~ and Unanimously carried by those present, that the rep6rtbe . accepted. 25.. REPORT ON 5LIMINATION City Engineer Lippitt reported that=inSeptember'1977, a OF PAINTED CROSSWALK ON painted crossWalk was installed acrbss "F" Street at "F"STREET AT GARRETT Garrett ~venue as a result' of'aI request 'from Mrs,. Lucille AVENUE Crank. tn January 1978, Council adopted a po.licy for the installation of marked crosswal'~s and it was found that ~his crosswalk did not meet the established c~ite~ia. After "E" Street was widened and the new pavement inst~lled in Odtober 1978, the crosswalk was not repainted. Held Tuesday - 7:00'p.m/ ~12- March 20, 1979 The City Engineer recommended that th~ marked crosswalk not be reinstailed a~ this time but .tha~ staff wil~ continue to monitor this intersection as Town Centre No. 1 develops~ Continuance Mr. Lippitt added that his staff w~s unable ;to r~8ch Mrs. requested Crank today and asked for a continuance of this item until such time as she can be present. Motion to Continue It was moved by Councilman Scott,'se~onded b~ Mayor Hyde and unanimously carried by those present that this item be held ' over as a courtesy to Mrs. Crank. 26. REPORT ON THE VACATION City Engineer Lippitt submitted a written report noting that OF OPEN SPACE MAINTENANCE on February 13, 1979, Council conducted a public hearing for EASEMENT AT RANCHO the vacation'of the easement across Lots 44-56. Mrs. R.E. ROBINHOOD SUBDIVISION Bffrris of 252 Surrey Drive (Lot S1) objected to the vacation of the easement stating that a building permit was issued for a home which blocks her view and which she believes extends into the easement. Recommendatio~ A£ter investigation, the staff concluded that the building permit was issued in proper conformance with City regulations, and conforms to the rear yard setback requirement since ~he rear yard line is on the bottom of the slope. Staff recommended that this*one slope not be maintained by the ~aintenance district in view of the fact that it is not visible from a major thoroughfare. Report acce~ted It was moved by Mayor Hyde, seconded by Councilman unanimously carried by those present that the report be accepted and the staff recommendations be approved. 27. REPORT ON VARIANCE City Engineer Lippitt ,explained in a Written report that the REQUEST FOR GERSTEN' Council held a public hearing on February 13, 1979 on the OFFICE BUILDING, OTAY request to waive a portion of the undergr6undlng requirements LAKES RO~d) of the Getsten office building. The ~aiver was denied but a deferral was approved and staff was to return with a report. On February 27, staff reported that Getsten would contribute $7,000 to the City to cover his obligation for undergrounding. A question was'raised as to the actual cost, adding in inflation factors. City Engineer's M3. Lippitt presented Several alternatives for council consi~- recommendation deration; however, he recommended grantingLth~ waiver for future undergrounding requirements ~nbject to the receipt of $7,000. Motion to accept It was moved by Councilman Cox, seconded by Mayor Hyde and staff's recommendation unanimously carried by those present that the staff's recommendation betaccepted. Speaking against Councilman Scott indicated that an arbitrary figure 'could-be the motion taken at an arbitrary interest rate of6%,..which he feels would be more realistic than $7,000. The City has never before "allowed someone tobuy themselves out of a deferral.~' Motion carried The motion carried by th-e following vote,'to-wit: AYES: Councilmen Cox, Hydes Gillow Noes: Councilma~ Scott Absent: Councilman Egdah! Held Tuesday - 7:00' p.m. -13- ?~arch2.0~ 3979 MAYOR'S REPORT Mayor Hyde called attention to the City Manager~'s letter AB 551 ~egaTding ~Orreapondence from' A~Semblyman Dedaeh. Asse~ably~ mmi'Kapiloff kas introduced a Bill call.i~g for changes the boundaries of the Metropolitan TranSit District. Mr. Deddeh has asked for this City's positio~ on this Bill as soon as possible. Comprehensive Planning Mayor Hyde discussed the CPO meeting held Monday, MaTch= 19, Organization Meeting at which time Supervisor Hedgeco~k made a m6tion' (u~]animously carried) not to accept the recommendation for the creatiO~ of a new separate regional transit author[ty~ and instead, charge CPO with serving this function with responsibilities of planning and policy. Further, that some entity have the authority to perform as a broker function for the p~rpos~ of providing for the operation of the transit system. COUNCIL CO~4ENTS ]~4~CHO ROBINHOOD OPEN In answer to Councilman Cox's query, City Manager Cole said S~A~M DISTRICT the staff will have a report hack to Council on April 10 regarding this maintenance district. TE~-EGRAPH CANYON ROAD Councilman Cox noted that the new aligned north-half of "~OT HO~S" Telegraph Canyon Road has been reopened and with the recent rains, he has noticed a great deal of pot holes. City Engineer, Lippitt said the holes will be fixed and then a final overla~ will be put on over the entire project. 1911 AND 1913 ACTS Councilman Gillow asked the staff for a repor~ on 1911 and 1913 Acts -- a simplification descriptio~ report. Motion for report It was moved by Councilman Gillow, seconded by Mayor Hyde>and Unanimously carried by those present'that the staff be directed to give this report ~ithin 2 or 3 weeks. ' L GAS] to attend a tour of the LNG Plant on Wednesday~ April 11. He asked any Councilman wishing to attend to call the Secretary for the most suitable time. · EMPLOYEE RECRUITM~NTS Mayor Hyde referred to the letter received from the City I Manager concerning problems of recruiting employees. Motion of discussion It"was moved by Hyde, seconded by C6hnc~lm~3i Gilldw,and~umanimousl at seminar carried by those present t~at this item be included on the management seminar agenda (Kpril 30-May' ~]. Time element for change Councilman Gillow said ~e was contacted by the cbnsultant to in seminar Change the time of the seminar from Monday (April 30) , 1:00 p.m. and Tuesday ( May 1) at 1:00 p.m. to,Monday beginning at 1:00 p.m. and Tuesday to begin at 10 a.m. The Council concurred that the change was not acceptable. ADJOURNMENT .Mayor Hyde' adjourned the meeting at 10:25 p.m. to the Council Conference'scheduled for Thursday, Mar~h 22, i979 at '4:00 p.m. ' i'~ERK ' MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFOI~jqlA Held Tuesday, March 20, 1979 in the Public Services Building, The City Council met in the Council Chambers/~x~x~IySxx~lx~, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen present: Mayor Hyde, Co~cilmen Cox, Gillow, Scott Councilmen absent: Councilm~ Egdahl .... ,,.**** ADJOURNMENT The Mayor adjourned the meeting at 10:2S p.m. until Thursday , March 22, 1979 at ~:00 p.m. in the ~i~x~R~L~b~F~Conference Room, City Hall, I, J~NN~ N~ FULASZ, C~y C~e~k o~ ~he C~ty o~ Chu~a V~s~a, DO H~R~BY C~RT~FY ~ha~ ~h~s ~s a ~u~, ~rue and correct copy o~ an order by the Ci~ Counc~ a~ the meeting o~ March 20, 1979 C~y o~ Chu~a V~sta, California STATE OF CALIFORNIA AFFIDAVIT OF POSTING ORDER COUNTY OF S~q DIEGO Ss OF ADJOUKN~.INT OF ~ETI~]G CITY OF CHULA VISTA I, Jennie M. Fulasz, being first duly sworn depose and say: Thst I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the regular meeting of the Council of the City of Chuta Vista was held Tuesday, March 20, 1979 and said meeting was adjou. rned to the time and place specified in the order of adjournment ATTACHED HERETO: That on March 21, 1979 at the hour of 10:00 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said me~_ting of March 20, 1979 was held. Subscribed and sworn to before me this 21st day of M~ c~mm. e~pffes J~,N