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HomeMy WebLinkAboutcc min 1979/04/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE'CITY OF CHULA VISTA, CALIFOP~IA Held Tues:day - 7:00 p.m. April 24, 1979 A regular meeting of the Cf~y Council of the City of Chula Vista, California, was held on the above date begirLning at 7:00 p.m. in the Council Chamber, Public Services Building, 276 Fourth Avenue. ROLL CALL CoLmcilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Deputy City Manager Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Finance Grant, Director of Personnel Thorsen, Director of Community Developmen[ Desrochers, Chief of Police Winters, Director of Parks & Recre~{z%on Hall, Director of Policy ~malysis & Program Evaluation Wittenberg, Purchas- ing Agent Espinosa 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 hy Coun~itm~n scott and unanimously carried that the minutes of the meetings of April 17 and 21, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF SUSAN Miss Stacey, a student at Southwestern College, was selec- STACEY,"MISS CHULA ted"Miss Chula vista,, at a pageant sponsored by theJaycees. VISTA" Unfortunately, she was unable to be present at the meeting. b. PRESENTATION BY MRS. Mrs. Hannon said the United Nations has proclaimed 1979 HANNON, CHULA VISTA as "The International Year of the Child" with goals to CHAMBER OF CON~RCE: improve benefits to children by increasing awareness of "YEAR OF THE CHILD" their special needs. Governor Brown has also declared 1979 "The Year of the Child" in California. On behalf of the Chamber of Commerce, Mrs. Hannon asked the Council to officially recognize the many institutions and organizations promoting IYC and declare 1979 "The Year of the Child" in Chula Vista. Motion to declare ]979 the It was moved by Mayor Hyde, seconded by Councilman Cox and "Year of the Child" in unanimously carried that an appropriate proclamation be Chula Vista prepared declaring this year to be "The Year of the Child" Cin Chula Vista). c. PROCLAMATION - A Proclamation was prepared declaring the week of April 22 DECLARING THE WEEK OF through 28, 1979 as "National Volunteer Week" to recognize APRIL 22 - 28 AS volunteers working in the City of Chula Vista, San Diego "NATIONAL VOLUNTEER WEEK" County and the nation. Mayor Hyde read the Proclamation and, with an expression of the Council's appreciation for the program, he presented the Proclamation to Commander Leonard Moore, the City's volunteer coordinator. Held Tuesday - 7:00 p.m. - 2 - April 24, 1979 SPECIAL ORDERS OF THE DAY (Cent.) d. PRESENTATION ON SWEET- Mr. Butterfield gave a brief presentation on the S~eetwater WATER DAM BY GARY Dam, including slides s-ho~ing the spillKay in operation. BUTTERFIELD, GENERAL He discussed the history of the dam, modifications and MANAGER, SWEETWATER improvements made in the structure, safety factors, and AUTHORITY the periodic inspections and monitoring of the dam. He also discussed the methods of control used to maintain a safe and adequate water level and to control flood problems downstream. He said the dam has a capacity of 27,7fi0 acre feet of water - approximately a 1S month supply at the current rate of use. e. PRESENTATION BY EUGENE Dr. Watry (81 Second Avenue) said the purpose of the pre- COLEMAN 5 PETER WATRY senration is to encourage the Council to withdra~ its sup- ON ROLE OF CHULA VISTA port of the Sweetwater River Flood Control Project for two IN THE PROPOSED SWEET- reasons: (1) 7he cost-benefit studymade to justify the WATER FLOOD CONTROL project is in error. (He referred to background material CHANNEL submitted to the Council in support of this statement and reviewed the cost-benefit figures presented, including "unrealistlc" low interest rate.) C2) The flood control project and Highway S4 project are combined and neither will be built until they are both approved. Dr. Watry suggested it would he in the best interest of Chula Vista to have these projects separated. He again urged'the Council to withdraw support of the Flood Control Project. Mr. Coleman C1670 Gotham Street) described the volume of materials on this project with conflicting information. He commented on the differences in where the channel will begin, who will benefit from it, how much acreage is to be protected on the flood plain at an excessive cost, and on the conflicting cost figures presented by the Army Corps of Engineers. Mr. Coleman said the information presented to the Council this evening ~as forwarded to the Army Corps of Engineers in December 1977 with a reply' promised from Washington, D,C. in February 1978 and again in December 1978; however, to date no response has been received. He also requested the Council to withdraw support of the Flood Control Channel and so inform the Army Corps of Engineers and that the con- struction of State 54 he supported without the added cost of the channel. Support of Council In answer to a query from Mayor Hyde concerning any specific indicated in joint action of the Council to endorse the flood control project, powers agreements City Manager Cole sa~d that action of the Council entering into joint powers agreements with the County and the State Division of Highways, who contract with the Army Corps of Engineers, would ihdicate support of the channel. Motion to refer report It was moved by Mayor Hyde and seconded by Councilman Gillow to staff that the report given 5yMr. Coleman and Dr. WattF he re- ferred to the staff for analysis and reconm]endation to the Councfl, leading possibly to a request for a response from the Army Corps of Engineers to the recommendation made by Dr. Watry and Mr. Coleman. Suggestion for brief report ~ouncilma~ ~cott sllggested that rather than a detailed analy- siS, perhaps St~ff could make a brief report on the options available, with a list of decisions the Council has made since the beginning, where the City is now, how much money has been invested and whether the project could continue without the flood control project. Held Tuesday - 7:00 p.m. . - 3 - April 24, 1979 SPECIAL ORDERS OF THE DAY (Contj) Response from staff due Mayor Hyde said he agreed with the comments of Councilman by June 1 ScQtt and clarified t~at the intent of his motion was simply~for staff to examine the report and let the Council know what action should be taken on this matter ~ with a response from staff by June 1st. Motion carried The motion to refer this matter to staff carried unanimously. Motion to send report It was moved by Councilman Egdahl and seconded hy Council- to Corps of Engineers and man Gillow that in addition to referring the matter to request response staff that the report be s~nt to the Corps of Engineers requesting from them a response and indicating to them in light of the staff report coming back to the Council in June - that lacking a response from them (Corps of EngineerS) the Council will certainly contemplate withdrawing support of the flood control channel. Speaking against motion Councilman Scott spoke against the motion as being too "strong." Suggestion to amend motion Mayor Hyde suggested that the word "consider" be substituted for the word "contemplate" in the motion. He said he would speak against the motion as it is now worded. Councilman Egdahl agreed to the substitution as suggested. Speaking against the Councilman Cox also spoke against the motion, stating he motion could support the first portion of the motion, suggesting that if no response is received in a reasonable time, he could then support the second part of the motion. Substitute motion It was moved by Councilman Egdahl, seconded by Councilman Gillow and unanimously carried that the report be submitted to the Corps of Engineers with a request from them for their consideration and a reply to the Council at their earliest convenience. S. ORAL COMMUNICATIONS Clarence Knight Mr, Knight thanked the Council for their action to permit 117 Jefferson Ave. the ARCO stations to sell packaged heer and wine. He said Chula Vista people no longer have to fight the traffic on Broadway to get to the store. However, he suggested that a flashing yellow light and crosswalk he placed on "B" Street in this area for people who live west of Broadway and north of "E" Street. Niek Slijk Mr. Slijk presented the Council with advance copies of their Chamber of Commerce Ninth Annual Civic Information and Consumer's Guide. He said the guide will be distributed next week. V. Valez Mr. Valez outlined the parking problems faced by employees 204S Alleghany Court working in the redevelopmerit area of Third Avenue, comment~ San Diego ing on the citations issued for "feeding" meters, overpark~ ing, and the expense for all day parking. He asked the Council to consider issuing a weekly or monthly parking permit to identify persons employed in the area or some kind of identification or decal for vehicle bumpers so they would not be issued citations. Held Tuesday - 7:00 p.m. - 4 - April 24, 1979 ORAL COB~4UNICATIONS (Cont.) Metered parking provided Mayor Hyde explained the purpose of metered parking lots for customer convenience and parking spaces is to provide parking for customers. He said hopefully a parking facility may be provided in the next year or two, but the City does not have sufficient resources to comply with Mr. Valez's request - employees need to find non-metered parking areas. James Matherly Mr. Matherly spoke against public support for a train from 402 Oaklawn Avenue San Diego to Tijuana and against using federal tax money Chula Vista to restore the old Santa Fe Depot. In this connection, he read a statement he presented before the Comprehensive Planning Organization in 1976 voicing his objections to this project and asking for a balanced federal budget. 4. WRITTEN COMMUNICATIONS a. REQUEST OF PAR CONSTRUC- PAR Construction Company requested Council consideration to TION COMPANY FOR RELEASE release the restrictions preventing development of a 2.6 OF RESTRICTIONS PREVENT- acre parcel zoned R-3 on "H" Street west of Otay Lakes Road. ING DEVELOPMENT OF A 2.6 ACRE PARCEL ON "H" STREET, WEST OF OTAY LAKES ROAD Staff recommended that the Council reiterate its position to develop the E1 Rancho del Rey area in a west to east direction from 1-805 to Otay Lakes Road as conditions have not changed since receipt of the request from Mr. Lewsader of PAR Construction Company. Howard Barnhorst, Attorney Mr. Barnhorst said he was representing the PAR Construction 438 Camino del Rio South Company. He reviewed the development of the property in San Diego 92108 question, noting that the site plan for the 45 unit apart- ment complex had been modi ied to meet all the requirements as suggested by the Planning Department. He stated the project will not increase the traffic on Bonita Road or Telegraph Canyon Road and referred to the Bonita Haciendas complex, a church, and a commercial development that have been permitted in this general area. He also commented that the moratorium on the Gersten property was lifted after the adoption of the Master Plan and asked that the restric- tions on this 2.6 acre parcel be lifted as requested by Mr. Lewsader and that the property be allowed to develop con- sistent with the existing zoning and existing plan - or to advise them what else they would have to do. Moratorium did not apply In answer to a query from Councilman Egdahl, Director of toeast side of Otay Lakes Planning Peterson s~id that the moratorium concerned the Road property on the west of Otay Lakes Road, not on the east side. Also, in Novemher of 1978 the staff had recommended that development be permitted on the north side of "H" Street if the developers agreed to extend "H" Street to Paseo Rancheo, then connect Paseo Ranchero to Telegraph Canyon Road and widen Telegraph Canyon Road to the Casa del Rey tract. The Council rejected this recommendation. Mr. Peterson said this matter would be addressed further during his presentation on Item 22 on the agenda this evening. Restrictions ~mposed to Councilman Gillow said he was opposed to the staff recommen- hasten development of dation in November and favored restricting development on "H" Street the east side of Otay Lakes Road in anticipation that this would hasten development of "H" Street; however, the situ- ation has changed and there may be further delays. Held Tuesday - 7:00 p.m. - 5 - April 24, 1979 WRITTEN COMMUNICATIONS (Cont.) Motion for staff It was moved by Councilman Gillow and seconded by Council- recommendation to be man Cox that the staff proposal (made in November) be reconsidered brought back to the Council again for further consideration. Director of Planning Peterson said this recommendation will be offered again as an alternative during discussion of Item 22 on the agenda. Motion withdrawn Councilman Gillow withdrew his motion. Councilman Cox agreed as the second. Motion to continue It was moved by Councilman Cox, seconded by Mayor Hyde and Item 4a and consider unanimously carried that this Item (4a. - request of PAR with Item 22 Construction) be trailed until after the Council considers Item 22 this evening. b. REQUEST FOR THE CITY Mayor Pete Wilson of San Diego urged support of the State's OF CHULA VISTA TO ~1.9 million arts budget proposed for the next fiscal year SUPPORT LEGISLATION ON to enhance California's position with respect to the arts. THE STATE'S PROPOSED ARTS BUDGET FOR 1979-80 In view of Council's interestin furthering arts and culture in Chula Vista, staff recommended that support be given to Mayor Wilson's proposal that the State budget 11.9 million dollars for arts programs in the State of California. Motion to accept staff It was moved by Mayor Hyde and seconded by Councilman Egdahl recommendation that the City Manager's recommendation be accepted on this. Council discussion Council discussion foilowed including comments on the effect: of Proposition 13 on City budgets, other services needed, e.g., senior citizens programs and safety forces, arts should be supported hy private funds, State surplus antici paled, next year, supporting the arts is an appropriate use of funds, and on a State-wide hasis, the sum is modest and fiscally responsible. Motion failed The motion failed by the following vote, to-wit: AYES: Mayor Hyde, Councilman Egdahl Noes: Councilmen Cox, Gillow, Scott Absent: None Reply to he prepared Mayor Hyde asked that the City Manager prepare a reply to by City Manager Mayor Nilson advising him of the Council's action in this regard. PUBLIC HEARINGS AND RELATED ORDINANCES S. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF REQUEST opened the public hearing. FOR ZONE BOUNDARY ADJUST~NT FROM R-1 TO R-3, 233 T~IN Director of Planning Peterson said this item involves a OAKS AVENUE request to fezone the westerly 32h feet of the property located at 232 Second Avenue from R-i to R-3 and represents an adjustment of the zone boundary to coincide with a pro- posed lot line adjustment between properties located at 233 Twin Oaks AVenue and 232 Second Avenue. The depth of the parcel on Twin Oaks Avenue would be increased from 100 feet to 132.5 feet and the lot area increased from 5,000 sq. ft. to 6,625 sq. ft. The lot on Second Avenue would become identical in both size and area. Held Tuesday - 7:00 p.m. - 6 - April 24, 1979 PUBLIC HEARINGS AND RELATED ORDINANCES (Cent.) On March 28 the Planning Commission unanimously recommended approval of the change of zone by shifting the zone boundary line 25 feet to tke east [vs. the 32~ feet requested) in accordance with their Resolution PCZ-79-H, in order to avoid creating a substandard parcel. Mr. Peterson said this would net ~esult in the loss of any units on the R-3 lot, and that staff concurs with the Planning Commission recommendation. Charlotte McBride Ms. MCBride said her proposal was merely to make the zoning 233 Twin Oaks Ave consistent on both lots and she had no objections to the Chula Vista staff recommendation. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Sa. ORDINANCE NO. 1864 It was moved by Councilman Scott that the ordinance be AMENDING THE ZONING MAP placed on first reading and that the reading of the text TO CHANGE THE ZONE PROM R-1 be waived by unanimous consent. TO R-3 BY PdDJUSTING THE ZONE BOUNDARY LINE BETWEEN 233 TWIN OAKS AND 232 SECOND AVENUE, 25 FEET TO THE EAST - FIRST READING Zone change of 25 feet vs. Mayor Hyde said he agreed with the logic reflected in the 32~ feet questioned recommendation of the Planning Commission and staff; however, he questioned approving the 25 foot change vs. the 32½ feet requested by the applicant. He stated this would result in development of one parcel with three residences on a space 7h feet less than requested, and tke Second Avenue parcel of 7,000 square feet would have only one single family dwelling. Motion to amend ordinance Pt was moved by Mayor Hyde and seconded by Councilman Cox that the ordinance be amended to allow the 32½ foot addition to the parcel on Twin Oaks vice the 25 feet recommended by the staff and Planning Commission. In answer to a question from the Council, Ms. MCBride (the applicant) said she would prefer the change of 32~ feet. Amendment carried The motion to amend the ordinance carried unanimously. Ordinance placed on first The motion to place the ordinance on first reading, as reading, as amended amended, carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 6. PUBLIC HEARING This being the time and place as advertised, Mayor Hyde CONSIDERATION OF CHANGE opened the public hearing. OF ZONE FOR SOUTHWEST CORNER OF DEL MAR AVENUE AND "I" Director of Planning Peterson said that in February 1979 STREET FROM R-3 TO R-3-M the Council granted an appeal for a variance filed by AND AMEND~NT TO BUILDING Firstwest Devco reducing the. front and exterior sideyard LINE MAP ON SOUTH SIDE OF setbacks for a parcel at the southwest corner of Del Mar "I" STREET Avenue and "I" Street based on the condition that a maximum of 8 units be allowed on the property. This condition re- stricted the density of the project from that allowed by the R-3 zone (32 units per acre) to the approximate density of the R-3-M zone (21 units per acre). The Council also directed that the other properties on the south side of "I" Street between Third and Del Mar Avenues be considered for rezoning to the same density. Held Tuesday - 7:00 p.m. - 7 - April 24, 1979 PUBLIC HEARINGS AND RELATED ORDINANCES (Cent.) On March 28 the Planning Commission unanimously recommended approval of the zone change from R-3 to R-3-M and amending the Building Line Map on the south side of "I" Street in accordance with their Resolution PCZ-79-G. Mr. Peterson said staff concurs with this recommendation. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 6a. ORDINANCE NO. 1865 It was moved by Councilman Cox that the ordinance be AMENDING THE ZONING MAP placed on first reading and that the reading of the text TO CHANGE THE ZONE FOR be waived by unanimous consent. FOUR PARCELS LOCATED AT THE SOUTHWEST CORNER OF DEL MAR AVENUE AND "I" STREET FROM R-3 TO R-3=M AND AMENDING THE BUILDING LINE MAP ON THE SOUTH SIDE OF "I" STREET - FIRST READING 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF CHANGE OF opened the public hearing. ZONE FOR TWO MOBILE HOME PARK SITES AT 677 AND 731 In November 1978 the Council established the ~P (Mobile "G" STREET FROM R-3 TO Home Park) zone to provide appropriate locations for mobile ~P home parks. On March 20, 1979 the Council rezoned four mobile home parks to ~P as part of the program to recognize the existing mobile home parks and provide for review by the Planning Commission and Council prior to any redevelop- ment of the parks. On March 28 the Planning Commission ~manimously recommended approval of the change of zone to ~P for the two mobile home parks at 677 and 731 "G" Street in accordance with their Resolution PCZ-79-I. Director of Planning Peterson said that both parks are located on the north side of "G" Street between Broadway and I-5 - one is Terry's Mobile Park and the other is Cabrillo Mobile Lodge. He said staff believes these parks merit the protection of the ~P zoning and they concur with the Planning Commission recommendation. Opposition voiced by In response to a query from the Council, Director of Plan- representative of Cabrillo ning Peterson said an attorney representing the Cabrillo Mobile Lodge at Planning Mobile Lodge spoke in opposition to the rezoning at the Commission hearing Planning Commission hearing, but Terry's Mobile Park was not represented. Mary-Frances Click Mrs. Click stated mobile homes are an important part of the 1100 Industrial Blvd. housing for residents of Chula Vista. She commended the Chula Vista Council on the actions taken to preserve affordable housing (Brentwood) for senior citizens and moderate income fmnilies and spoke in favor of the rezoning of the two parks in question. John Kolsters Mr. Kolsters said a recent survey shows for every mobile 501 Anita St. #155 home lot where the park owner has $1 invested, the tenant Chula Vista has $1.50 invested in his home. He also commended the Council for their actions regarding mobile home parks. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Held Tuesday - 7:00 p.m. - 8 - April 24, 1979 PUBLIC HEARINGS AND RELATED ORDINANCES (Cont.) 7a. ORDINANCE NO. 1866 It was moved by Councilman Scott that the ordinance he AMENDING THE ZONING MAP placed on first reading and that the reading of the text TO CHANGE THE ZONE OF 677 be waived hy unanimous consent. AND 731 "G" STREET FROM R-3 TO BI4P- FIRST READING RECESS A recess was called at 8:50 p.m. and the meeting reconvened at 9:00 p.m. (Councilman Cox and Councilman Egdahl were temporarily absent from the dais.] RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION N0. 9565 The City acts as liaison between nine youth baseball/soft- APPROVING AGREEMENTS WITH hall leagues and the school districts for the leagues to VARIOUS YOUTH AHTLETIC use ballfield facilities on school district properties. LEAGUES TO USE CITY- Facility use agreements have been developed to define the SPONSORED BALLFIELDS specific responsibilities of the City and each league. Included in each agreement are the assignments for practice and game sites for the 1979 playing season. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Gillow Noes: None Absent: Councilmen Cox, EgdaM (Councilman Cox and Councilman Egdahl returned at this time. 9. RESOLUTION NO. 9566 The new wording in the amendment has been developed to AMENDING CIVIL SERVICE reflect the change in benefits which have occurred through RULE IX, SECTION 3 (.FRO~ the meet and confer process over the last two y~ars. In BEGINNING OF SECTION 3 to Section 3(a] (2] the new wording sets the minimum unit of 3h.4.) sick leave usage at one-half hour vs. the current one hour in order to encourage employees to return to work as soon as possible following a doctor or dentist appointment. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous ConBent, passed and,adopted by.the. following vote, to-wi{: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 10. RESOLUTION NO. 9567 On April 17, 1979 the Council approved the purchase of nine AUTHORIZING THE PURCHASE police patrol vehicles from Castle Plymouth and directed OF FIVE ADDITIONAL POLICE that a resolution be prepared to purchase an additional PATROL VEHICLES five units at the approved bid price. The unit price is $5,495.04. Total cost for the five vehicles is $29,123.71. Resolution offered Offered by Councilman Gillow, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Cox, Egdahl, Hyde Noes: None Absent: None Held Tuesday - 7:00 p.m. -9- April 24, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 11. RESOLUTION - At the Parking Place Commission meeting on April 10, 1979 AUTHORIZING THE INCREASE the Commission unanimously recommended to the Council that INPARKING b~TER RATES FOR parking meter rates on Third Avenue and adjacent side ON-STREET PARKING N~TERS streets be increased as follows: ON THIRD AVENUE AND ADJACENT SIDE STREETS Current rate: 1t for 12 minutes; 5~ for one hour; Token - one hour Proposed rate: Eliminate pennies; 5~ for 30'minutes; Token - 30 minutes; 1Q~ for one hour; Option: Quarters may be deposited but will only receive one hour time limit Proposal not formally Mayor Hyde asked if the proposal had been referred to the referred to' Town Centre Town Centre Project Area Committee and the Town Centre Committee or Town Centre Business and Professional Association. Director of Finance Business & Professional Grant said Tom Huntington, Chairman of the Design Review Association Board,has been advised of the proposal, but not formally. Standlee McMains Mr. McMains confirmed that Tom Huntington had been aware 279 Third Ave of the proposal as it was discussed when he was on the (Parking Place Commission) ParRing Place Commission. He also said that merchants are being encouraged to use tokens and that as a businessman, he was in favor of the change. Concern regarding Councilman Scott expressed his concern regarding the elim- elimination of use of ination of pennies. Hesaid this is a convenient way to pennies use this"pocket change" and asked whether the amount of pennies is substantial. Increased token use Mr. Grant said a substantial number'of pennies are deposit- anticipated ed. However, it is anticipated that free parking will be provided by merchants by the use Of tokens so this may not be a problem. He further stated that adjustments to the meters are being made By City f'orces so there will be no costs for parts and it may not he possible to provide for the use of pennies.. Motion to continue Item It was moved by Mayor Hyde, seconded hy Councilman Scott 11 for four weeks and refer and unanimously carried that th~s matter he continued for to Town Centre Project Area a four-week period during which the Council will refer this Committee, Town Centre matter formally for comment to the Town Centre Project Business & Professional Area Committee and the Town Centre Business and Professional Association & staff Association; and also for staff to look into the prohlems associated with retaining the 1~ capability of the meters even though the rates are changed. 12. RESOLUTION NO. 9568 On June 20, 1978, the Council awarded a contract for open APPROPRIATING FUNDS TO space maintenance during 1978-79 and adjusted the Open Space COVER OPEN SPACE DISTRICT Districts' budgets to reflect this contract amount, plus EXPENSES utilities and supplies. In November 1978 water rates for Districts #3 and #6 increased substantially, and w~ter usage in District #2 was underestimated. Also vandalism required a large number of repairs. An additional appropriation is required to cover these costs. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Scott, Cox, Egdahl Noes: None Absent: None Held Tuesday - 7:00 p.m. -10 - April 24, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 13a. RESOLUTION NO. 9569 - In early 1964, the City entered into separate agreements APPROVING NINTHAMENDMENT witk the Montgomery Sanitation District and the Spring TO THE AGREEMENT WITH THE Valley Sanitation District to permit use of the?districts' MONTGOMERY SANITATION sewer systems by the City. These agreements provided for DISTRICT service charges to be paid to the serving agency in order to defray the maintenance and operat.ion (M&O) expense of Chula Vista flow discharged into the Metro system, plus a proportionate share of the M&O expense for the serving agency's own system. Service charges are now proposed to include actual Metro system M&O costs, plus apercentage (10% Spring Valley, 20% Montgomery) to .defray local collection system M&O costs. Based on current Metro system costs, those serVi~e charges would be: Montgomery Sanitation District - $1.276/month; Spring Valley Sanitation District - $1.169/month. Resolution offered Offered by Councilman Egdaht, the reading of the text was waived bY unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 13b. RESOLUTION NO. 9570 - (See 13a for item explanation.) APPROVING SECOND AMENDMENT TO THE AGREEMENT WITH THE SPRING VALLEY SANITATION DISTRICT Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None City indirectly involved In response to a query from Councilman Bgdahl, City Manager in sewer rates Cole said the City is involved indirectly in setting sewer rates. City Engineer Lippitt further clarified that indi- vidual audits are made of the Metro system and all the cities that use the system, meet regularly and approve the rate increases. 14. RESOLUTION NO. 9571 The Metropolitan~si~ ~vel6pment APPROVING MEMORANDUM OF a light rail system along the existing railroad track line UNDERSTANDING BETWEEN THE paralleling Interstate 5, and they propose to modify all CITY OF CHULA VISTA AND street crossings to bring themup to current standards. SAN DIEGO METROPOLITAN The agreement provides that the MTDB will act as the TRANSIT DEVELOPMENT BOARD responsible public agency for design, construction and CONCERNING RAILROAD CROSS- maintenance of the railroad crossings and crossing protec- ING PROTECTION DEVICES ON tion devices. The City will be responsible for maintaining THE PROPOSED LIGHT RAIL the required advance warning signs and pavement markings. TRANSIT LINE It is anticipated that there will be no additional costs tO the City. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None Held Tuesday - 7:00 p.m. - 11 - April 24, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cent.) 15. RESOLUTION NO. 9572 - On April 17, 1979 the Council granted an appeal of two GRANTING OF APPEAL FOR service stations from a Planning Commission decision TWO ARCO SERVICE STATIONS denying permission to sell packaged beer and wine. The TO SELL PACKAGED BEER conditions of approval included a review of the matter AND WINE within six months. A resolution incorporating the find- ings and conditions of approval has been prepared. 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, Hyde, Gillow, Scott Noes: Councilman Egdahl Absent: None 16. RESOLUTION NO. 9573 - Bids were received on April 16, 1979 for two pick-up trucks. ACCEPTING BIDS AND The resolution awards the contract for both vehicles to the AWARDING CONTRACT FOR low bidder, Courtesy Chevrolet of San Diego, for the total TWO PICK-UP TRUCKS purchase price of $10,610.60 including sales tax. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted hy the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Scott, Cox, Egdahl Noes: None Absent: None 17. RESOLUTION NO. 9574 - The California Housing Fjlnance Agency (CHFA] is accepting APPROVING THE SUBMITTAL applications for participation in its Home Ownership and OF APPLICATION TO CHFA Home Improvement Loan Program (HOHI]. This program provides FOR PARTICIPATION IN THE mortgage and rehabilitation loans to assist low and moderate HOME OWNERSHIP AND HOME income people to purchase or ~mprove their home by providing IMPROVEMENT LOAN PROGRAM below market interest rates. The program would be operated by CHFA through the assistance of private lenders and the City. Once CHFA approval is received, the City and CHFA will enter into a Tandem Designation Agreement. City will assist in In response to a query from Councilman Gillow as to how the publicizing program public will be made aware of this program, Director of Community Development Desrochers explained that CHFA intends to negotiate financial arrangements with local banks and savings and loan associations. The City's involvement will be to advise CHFA of the eligible areas and statistics and will agree to assist the lending agencies in publicizing the program. 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 18. REPORT OF THE CITY MANAGER a. CANCELLATION OF In June 1976, the City initiated a self-insured retention SERVICE AGREEMENT WITH program for liability claims against the City and retained R. L. KAUTZ, LIABILITY the firm of R. L. Kautz & Company to serve as administrators INSURANCE ADMINISTRATOR for one year, after which the agreement continued until cancelled by either party upon sixty days' notice prior to any anniversary of July 1. Held Tuesday - 7:00 p.m. - 12 - April 24, 1979 REPORT OF THE CITY MANAGER (~ont.) City Manager Cole said in a written repor,t that staff has been concerned over the untimely handling of some claims, primarily due to the firm's claims offices being located in Orange County. As a result of the distance factor, staff believes some claims may have escalated into court actions unnecessarily and/or were settled out of court at sums that might have been lower if quicker action had been possible. Termination of agreement It was recom~nended that it would be in the best interest recommended of the City to terminate the contractual relationship with Kautz insolaf as the liability insurance program is concerned~ effective July 1, 1979. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the staff report be accepted. b. REPORT ON ACQUISITION In a written statement, City Manager Cole said the Director OF NEW COMPUTER EQUIP- of Policy Analysis and Program Evaluation recommends replace- ~NT ment of the present B-2500 computer, based on a proposal from the Burroughs Corporation to furnish a new model CPU and selected peripheral equipment, financed over a five year period at a total monthly cost, including maintenance, of $2,831. Current monthly costs are approximately $3,150. Allowing for various additional costs, the projected net savings for the five years would be about $16,200. It was recommended that staff he authorized to pursue negotiations with Burroughs and if a satisfactory arrange- ment can be worked out, a more complete study and proposed contract will be forwarded to the Council for consideration. Motion to accept staff It was moved by Mayor Hyde, seconded by Councilman Gillow report and unanimously carried that the staff report and recommen- dation be accepted. c. REQUEST TO DELETE City Manager Cole requested that the item "consideration of CARDROOM ORDINANCE FROM the cardroom ordinance" be deleted from the Council Conferenc COUNCIL CONFERENCE agenda for April 26. AGENDA ON 4/26/79 Motion to approve request It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the City Manager's request be approved. d. MATERIALS PRESENTED Mr. Cole called attention to the materials on the Golf Course FOR COUNCIL CONFERENCE pro contract presented to the Council this evening for the ON THURSDAY meeting on Thursday and stated the materials on the Glenn Restaurant will be delivered tomorrow (Wednesday). S~ggestion that Council Mayor Hyde suggested that when such materials are needed for Conference materials be the Thursday conferences, they be placed in an envelope so placed in envelopes for they will not be confused with items on the regular Council better identification agenda. REPORTS OF CITY OFFICERS AND DEPART~NT HE~j]S 19.I REPORT ON LOW AND Last November, the Council accepted the report of the Mayor'~ M(]DERATE-INCO~ HOUSING Advisory Co~nittee on Housing for Low-InCome Citizens and PROPOSALS directed staff to make recommendations for the implementatioI of the suggestions which were accepted and ~upported by the Council. Held Tuesday - 7:0Q p.m. - 13 - April 24, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Director of Community Development Desrochers submitted a detailed report including mobilehome park development, senior citizen housing, public housing, and allocation of Federal funds for housing. It was noted that an ordinance amending the City Code expanded the duties of the Human Relations Commission to include matters relating to housing for low and moderate-income persons. Motion to accept report It was moved by Councilman Scott, seconded by Councilman and refer it to the Human Cox and unanimously carried that the report be accepted and Relations Commission referred to the Human Relations Commission. 20. REPORT ON CITY LOAN Recently, inquiries have been received regarding the City's REHABILITATION PROGRAM Community Housing and Improvement Program (CHIP), and the Council had requested information on HUD's 312 Rehabilitation Program, Rental Management in the CHIP neighborhood, and City-wide rehabilitation. The Director of Community Development submitted a detailed report addressing each program and proposed method of implementation including: (1) financial impact; (2) advis- ability of accepting the offer of the HUD 312 Loan Program with the recommendation that the Council approve implementa- tion of the program on a trial basis provided HUD agrees to certain conditions proposed by staff; (3) proposed certain procedures to implement the CHIP Rental Management Program; and (4) proposed that CHIP loans be allowed on a City-wide basis subject to certain conditions. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. 21. REPORT ON EVALUATION OF On December 19, 1978 the Council selected Copley International TOURIST INDUSTRY AND Corporation to evaluate the City's tourist industry and VISITOR POTENTIAL - visitor potential. A comprehensive report has been completed COPLEY INTERNATIONAL and~ as part of the contract, Mr. Tom Shipman,as a representa- CORPORATION tire of the Copley Corporation,was present to make an oral summary to the Council. He is also scheduled to meet with the Mayor's Committees on Economic Development and on Tourism on April 25 and discuss the report with them. Objectives of research Mr. Shipman outlined the objectives of the research project: project (1) to examine the visitor industry and determine the current size of the industry; [2) make suggestions about the directioi the industry should take over the next five years; and (3) to evaluate the City's financial support to the Visitors and Convention gureau. He discussed the method used to collect data and summarized the findings in sales revenue, effectiveness of the Visitors and Convention Bureau, the Town Centre plan and the development at the marina. Council discussion The Council and Mr. Shipman discussed various aspects of the visitor potential in the City of Chula Vista and what other cities in the County are doing in this regard. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman GilloN and refer it to Mayor's ad and unanimously carried that the report be accepted and that hoc committees on economics it he referred to the Mayor's Economic Advisory Committee and visitor industry and the Visitor Industry Advisory Committee with the request that they respond to the City Council by the 15th of May with their recommendations with regard to the proposals that are contained in the report. Held Tuesday - 7:00 p.m. - 14 - April 24, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) 22. CONSIDERATION OF ALLOWING Over the past few months the Council has considered several RESIDENTIAL DEVELOPMENT reports on alternative ways of providing for the construction EAST OF OTAY LAKES ROAD of East "H" Street between I~805 and Otay Lakes Road. On March 28, 1979 the Council directed staff to recommend an appropriate policy regarding development of the 650 acre area east of Otay Lakes Road. In response to this request, Director of Planning Peterson submitted an in-depth report including staff recommendations. Motion to continue Item It was moved by Councilman Gillow and seconded by Councilman 22 until Council Conference Scott, in view of the topic and the late hour, that this item on Thursday, 4/26/79 be continued and discussed at the meeting on Thursday (April 26), Council discussion Council discussion ensued concerning the appropriateness of continuing this matter in view of interested persons in the audience. It was suggested that the matter be continued for one week (to May 1) and in response to a query from the Council, Mr. Jerry Dawson representing Otay Land Company and Mr. Barnhorst representing PAR Construction Company said they would be willing to return at that time. Substitute motion to It was moved by Councilman Gillow and seconded by Councilman continue Item 22 until Scott that this item be continued until Tuesday, May 1st and Tuesday, May 1st that it be docketed early on the agenda (following any public hearings). Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Gillow, Scott, Hyde Noes: Councilmen Cox, Egdahl Absent: None 23. REPORT ON IMPLEMENTATION On November 28, 1978 the Council accepted staff's recommen- OF SB 1481 PURCHASE OFf dation to comply with Senate Bill1481 by purchasing a NITROGEN INHALATION Nitrogen Inhalation Cabinet, On March iS, 1979 the City CABINET was advised by the vendor that he would be unable to fill the order, but at staff's request, he has agreed to construct a single cabinet for the City at approximately $1,300 more than the original price. Staff recommended that the Nitrogen Cabinet be purchased as it is note economical and more humane than the injection method. Motion to accept report It was moved by Councilman Cox, seconded by Councilman Egdahl and unanimously carried that the report be accepted. MAYOR'S REPORT Long Term Local Government Mayor Hyde referred to a Legislative Bulletin received from Financial Support plan the League of California Cities containing an item on Long Term Local Government Financial Support - McCarthy and Priolo Plan - dealing with distribution of sales, property tax, etc. to local governments. Motion to docket McCarthy It was moved by Mayor Hyde, seconded by Councilman Cox and and Priolo plan for 5/1/79 unanimously carried that this matter be docketed as a discus- Council agenda sion item at the next Council meeting on Tuesday, May 1. Concern regarding Transient Mayor Hyde referred to the "freeze" on the Transient 0ccupanc Occupancy Tax account Tax that has been in effect since last September. He said there is $145,566.24 in a special account that the Council has agreed not to use until after May 30, 1979. He suggested that these funds should be freed for use as needed. Held Tuesday - 7:00 p.m. - 1S - April 24, 1979 MAYOR'S REPORT (Cont.) Motion to consider special It was moved by Mayor Hyde and seconded by Councilman Egdahl TOT account at the Council that this matter be docketed for discussion at the Council meeting on May 1 meeting on May 1st. May 1 date questioned Councilman Gillow questioned the May 1 date in view of the report to be made by the Mayor's Committees on May 15 regarding the visitor industry promotion. Speaking against motion Councilman Cox expressed his concern regarding use of these funds when the Council had placed them in the trust fund until May 30, and felt the visitor industry and the TOT are closely related. He spoke against the motion. Comment against motion Councilman Scott also spoke against the motion in view of the commitment made by the Council. Motion failed The motion to docket the TOT on the May 1 agenda failed by the following vote, to-wit: AYES: Mayor Hyde, Councilman Egdahl Noes: Councilmen Cox, Gillow, Scott Absent: None Request from Imperial Mayor Hyde distributed a copy of a letter from Mayor Bilbray Beach to consider of Imperial Beach asking the Council to take a position legalization of "safe and concerning legalization of "safe and sane" fireworks in the sane" fireworks City of Chula Vista. Because of the time element, a response will need to be determined at the next Council meeting. Recommendation to support Councilman Cox reported that the Legislative Committee had SB 186 (Rodda) reviewed Senate Bill 186 (Rodda) which is scheduled tobe voted on again on Thursday, April 26. He said since the Campbell amendment has been removed, the Legislative Committe recommends that the City support the Bill <concerning State funds to municipalities). Motion to support SB 186 It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the City communicate with the appropriate legislative representatives from the San Diego area indicating support of SB 186. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:20 p.m. to the Council Conference scheduled for Thursday, April 26, 1979 at 4:00 p.m. in the Council Conference Room, City Hall.