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HomeMy WebLinkAboutcc min 1978/01/03 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held January $. 1978 The Council met in the Council Chamber at the City Hall, 276 Fourth Avenue~ on the above dato at 7:00 PoM~ with the following Commilmcn present; COUNCILMEN ttobol. Cox, H~de, ~cott. Egd~hl Absent: None ADJOURNMENT The Mayor adjourned the meeting until Thursday. January 5. 1978 4:00 at x~P~M, in the ~g~~ {Council Conference Room), City Hall, 276 Fourth Avenue, Chula Vista, California, I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order adopted by the City Council at the meeting of January $, 1978, Jennie M, Fulasz, City Cle~r City of Chula Vista, California ,~. ~;~, ~,~ Tuesday, January 3, 1978 Wednesday, January' 4, 1978 11:15 a.m. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. January 3, 1978 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Hobel, Cox, Scott, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Director of Public Works Robens, Director of Building and Housing Grady, Assistant Director of Public Works Lippitt, Director of Personnel Bigge 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 Cox and unanimously carried that the minutes for the meetings of December 12, 20 and 22, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. PRESENTATION ON THE (This presentation was made at 8:30 p.m. following Agenda "208 PLAN" (WATER Item No. 7a) QUALITY MANAGEMENT) Supervisor Tom Hamilton arrived at 8:30 p.m. and discussed the water management plan being prepared by the Comprehensive Planning Organization as required under Section 208 of Public Law 92-500, and the fact that the State must desig- nate a "Management Agency" for plan implementation and grant eligibility. Supervisor Hamilton said that CPO's consultant, J.B. Gilbert and Associates, is preparing a portion of the 208 Management Plan known as "Institutional Arrangements" of which one alternative is titled "County Government." He said this alternative was proposed by the Board of Supervisors and they are asking that the City support it. Supervisor Hamilton outlined the overall purposes of the proposal, including the conversion of the existing Flood Control District with its drainage basin-wide zones into the basic Water Management Agency and the establishment of a Zone Commission. (Each city and major water use district would have a seat on this commission.) In conclusion, the Council was asked to adopt a proposed resolution designating the County of San Diego as the Water Management Agency for the San Diego 208 area and to direct the representative to the CPO 208 Elected Official Task Force to support the alternative proposal as outlined. Council discussion The Council briefly discussed the proposal with Supervisor Hamilton, including the review provision by the County Board of Supervisors. Councilman Egdahl commented that he sQrvcs on the Elected Official Task Force of CPO and that they will hear presentations by Mr. Gilbert at future meetings which will include a time chart for the adoption of the set of "Institutional Arrangements." He suggested that because there ar~ three other approaches presented by the Consultant, that it would be in the best interest of the City to have those alternatives presented to the Council as a basis for making a decision. City Council Meeting -2- January 3, 1978 Motion to have It was moved by Councilman Egdahl, seconded by Councilman presentation by Scott and unanimously carried that the Council invite re- Consultant or CPO staff presentation, either by Mr. Gilbert or a member of CPO staff who has been involved with water quality management planning to make a presentation to the Council before the end of January. Mayor Hyde expressed the Council's appreciation to Super- visor Hamilton for his efforts in regard to the South County Regional Center. 2b. RESOLUTION NO. 8955 - Mr. Herb Lathan was appointed to the newly-created Califor- COMMENDING HERB LATHAN nia Library Service Board by the Senate Rules Committee, FOR HIS MANY YEARS OF and due to the possible incompatibility of offices, he LOYAL SERVICE ON THE resigned from the City Library Board. LIBRARY BOARD OF TRUSTEES Mayor Hyde read the resolution and presented it to Mr. Lathan, expressing the Council's appreciation. Resolution offered Offered by Councilman Hobel, passed ahd adopted by the following vote~ to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None ORAL CO~UNICATIONS Discussion regarding Mrs. Theresa Karas Yianilos of La Jolla presented the removal of Coco Palms Council with a petition of 1,000 names in the San Diego at Civic Center area, including Chula Vista, asking that palms be retained in public areas and that any palms that must be removed, be replaced with other palms. She described the historic significance of the palms and how they are used in other cities in California in public areas. She explained their appeal to visitors as landmarks of the area and urged the Council to rescind their action to remove the palms from the Civic Center in implementing the landscaping plan. Ms. June Moeser of San Diego, past President of the Chula Vista Jr. Women's Club, explained that 27 years ago, the Club had raised funds to secure 80 palms for the Civic Center and received the California State Award for this. She also urged that the trees be retained. Niek Slijk, Chula Vista Chamber of Commerce; Bonnie McKinzie, Coronado (former resident of Chula Vista); Von Bensen, Chula Vista; and Jim Wright, Chairman of the Southern California Chapter of the Palm Society, all requested that the palms be retained and that other species also be planted. Landscaping plan can In answer to a query from Mayor Hyde, Director of Public still accommodate palms Works Robens said that if the Council should recind their action to remove the palms, the landscape architect could still revise the plans for the plaza to utilize some or all of the existing palms without delaying the project, if the basic plan is not changed, and at no additional cost. However, if the palms are retained in Memorial Way, it would affect the overall scheme and would require additional architectural time - approximately two weeks. Council discussion Council discussion ensued concerning the concept plan ap- proved last year - the flat work, fountain and the formal landscape plan - and the removal of the palms in Memorial Way, and the historical significance of the trees. City Council Meeting -3- January 3, 1978 Motion to rescind action It was moved by Councilman Cox and seconded by Councilman and retain Palm trees in Scott that the Council rescind their previous action and Memorial Way vote to retain the palm trees in their present position in regard to the palm trees on Memorial Way. Clarification of motion Mayor Hyde clarified that the motion was for the Council re rescind their previous approval and direct that the palm trees in Memorial Way be retained in an alternate landscaping plan. Addition to motion Councilman Cox added to the motion that the staff come back with a revised plan. Suggestion to retain Councilman Hobel spoke in favor of retaining all of the total of 20 palms palm trees and suggested that the landscape architect consider putting in some smaller scale (trees) to grow along with the present trees. He said he would like to see the motion include the total amount of 20 trees to be retained. Addition to motion Councilman Cox agreed to include the total amount of trees in the motion. Council discussion followed concerning the motion - and the number and manner of retaining the trees. It was suggested that the motion be divided. No second on Councilman Scott said that the motion with the additions additions to did not have his second, and as a point of orders, asked motion that the motion be acted on as made - "to rescind the previous action and keep the palm trees on Memorial Way." Motion withdrawn Councilman Cox withdrew the motion. Councilman Scott agreed as the second. Motion to rescind It was moved by Councilman Cox, seconded by Councilman previous action Scott and unanimously carried that the Council's previous action be rescinded. Motion to have concept It was moved by Councilman Scott and seconded by Councilman plan brought back to Cox that a concept plan be brought back to the Council the Council within two weeks that would retain all the palm trees on Memorial Way and a plan that would encompass as many of the present palm trees as possible. Clarification of motion In response to a query from Mayor Hyde, Councilman Scott clarified that "to retain as many as possible" does not necessarily mean all - but it could be all - leaving some flexibility to relocate. In answer to a query from Mayor Hyde, Director of Public Works Robens said he understood the motion to mean that the landscape architect be instructed to leave the trees in Memorial Way - try to keep all the rest of the trees in the vicinity and if possible in the existing location - forget about the formal landscaping scheme, and do whatever looks good in the entrance. Councilman Scott and Councilman Cox agreed that this was the intent of the motion. Motion carried The motion carried unanimously. City Council Meeting -4- January 3, 1978 3, WRITTEN CO~IMUNICATIONS a. REQUEST THAT DEVELOP- CEP Associated submitted a request to have development plans MENT PLANS BE PROCESSED processed in the E1 Rancho del Rey Community Plan area for FOR L & L DEVELOPMENT their client, L & L Development Company. COMPANY IN THE EL RANCHO DEL REY COM- MUNITY AREA James F. Ashbaugh Mr. Ashbaugh said his firm represents L & L Development CEP Associated Company. He referred to a letter they submitted which 5555 Magnatron Blvd detailed their development plans for 2.6 acres on "H" San Diego 92111 Street. He asked that the property be excluded from the requirement that the E1 Rancho del Rey development plan be approved prior to processing their plan to the Planning Commission and Council. Council policy is not Mayor Hyde explained that plans may be processed through to approve plans at the Planning Department up to the presentation to the this time Planning Commission and Council. He added that the Council position is not to have development occur at this time that would contribute to the traffic load on Telegraph Canyon Road until two things are provided for: (1) a revised plan for E1 Rancho del Rey and (2) for completion of the widening of Telegraph Canyon Road. Motion to deny request It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the request not be approved. b. REQUEST FOR WAIVER OF Mr. S. W. Mundt of 848 Colorado, Chula Vista requested that ORDINANCE PROVISIONS the provisions of the City Code be waived concerning the REGARDING NUMBER OF number of dogs allowed in apartment units in order for him DOGS PERMITTED IN to maintain three small dogs. APARTMENT UNIT Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to the staff for disposition. 4. PUBLIC HEARING - Charles A. McMillan, dba Mack's Hack, submitted an applica- CONSIDERATION OF REQUEST tion for a certificate of public convenience and necessity FOR CERTIFICATE OF PUBLIC to operate a taxicab in the City (one vehicle). CONVENIENCE AND NECESSITY TO OPERATE A TAXICAB IN City Attorney Lindberg said that the required written report THE CITY from the Chief of Police has not been received and recom- mended that this hearing be continued for two weeks. I Motion to continue It was moved by Mayor Hyde, seconded by Councilman Cox and hearing for two weeks unanimously carried that this public bearing be continued for two weeks (until January 17, 1978). 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. TENTATIVE MAP FOR B.B & K. SUBDIVISION The applicant submitted a tentative subdivision map to divide 4.7 acres into 10 single family residential lots and one lot retained for an existing church. The property is located in an R-1 zone between Monserate and Melrose Avenue, north of Kellogg Elementary School, at the terminus of Jamul Avenue. On December 14, 1977 the Planning Commission certified the Negative Declaration and recommended approval o£ the tenta- tive map in accordance with their Resolution No. PCS-78-1. City Council Meeting -5- January 3, 1978 Drainage channel Director of Planning Peterson said that one of the main treatment left to items of discussion before the Planning Commission dealt City Engineer with the treatment of the drainage channel on the northern boundary of the property. The Commission left the treat- ment of the channel up to the City Engineer, which was acceptable to the applicant. Frank Phillips Mr. Phillips said they did not feel it was proper engi- Civil Engineer neering to put one piece of pipe in the center of the 71 North Fourth development with drainage channels on either side. They Chula Vista have asked that they be permitted to work out the details with the Public Works Department. Mayor Hyde said his understanding is that if the resolution is approved, that at the time the final map is considered, the manner in which the drainage problem is resolved will be explained to the Council. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 5a. RESOLUTION NO. 8956 - Offered by Councilman Cox, the reading of the text was APPROVING TENTATIVE MAP waived by unanimous consent, passed and adopted by the FOR B.B. & K. SUBDIVISION, following vote, to-wit: AND CERTIFYING THE NEGA- TIVE DECLARATION AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel Noes: None Absent: None 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. REZONING 287 "L" STREET FROM R-3 TO C-O-P AND The applicant requested rezoning of a 9000 square foot CONSIDERATION OF PRECISE parcel located on the northerly side of "L" Street, 150 PLAN - KEN GREEN feet east of Third Avenue, from R-3 to C-C, & R-3 and C-C to C-O-P. A minor realignment of the zone boundary line results in the rezoning of two small triangular pieces for the purpose of placing an existing building on the property which will be used for office purposes. On May 11, 1977 the Planning Commission certified the Negative Declaration and recommended that the Council re- zone the property in accordance with their Resolution No. PCZ-77-K. The applicant has also requested approval of (1} a precise plan to place an existing 960 square foot structure, to be used as an office, on the parcel; (2) a 16 foot wide combination ingress and egress driveway; and (3) a waiver of the zoning wall along the eastern property line. Director of Planning Peterson described the drainage channel running through the center of the property which makes only limited development possible. Staff recommended approval as an office zone being a better buffer between retail com- mercial and single family zoning than an R-3 zone. Mr. Peterson discussed the related precise plan describing the single story wood frame building, tho access to the building from "L" Street, and four parking places in back. He explained that the building is a "move-on'~ the details which will come before the Council under the move-on build- ing provisions of the Code. The Planning Commission ap- proved the precise plan subject to the conditions contained in their Resolution No. PCM-77-18. City Council Meeting -6- January 3, 1978 In answer to a query from Councilman Scott, Mr. Peterson said that the move-on buildingwould be "grandfathered in" and reviewed under the normal standards prior to the adoption of the Ordinance on the agenda tonight, as the request was before the Planning Commission several months ago. City Attorney Lindberg concurred that this could be done. Director of Building and Housing Grady assured the Council that as a factory-built building, it meets the present day Code and factory-built buildings have been exempted in the ordinance. Safety of use questioned In answer to a question from Councilman Egdahl regarding the safety of this office use on a curve and busy street, Director of Planning Peterson said that the precise plan and zoning were referred to the engineering division and no adverse comments were received. Ken Green Mr. Green said he had discussed the safety matter with the 865 Fairway Court traffic engineer several months ago and it was felt that Chula Vista R-3 development would generate more traffic than the office structure. He said most of the traffic would be for him- self and subcontractors who come in occasionally- a limited amount of traffic. Council discussion Councildfscussion followed concerning (1) the traffic volume; (2) number of employees working in the building; (3) the four parking places; (4) the narrow driveway; (5) safety problems on this corner; and (6) possible recommendation of "no parking" in front of the building. Public hearing closed There being no further comments, the public hearing was declared closed. 6a. ORDINANCE NO. 1782 - It was moved by Councilman Hobel that this ordinance be AMENDING ZONING M~P placed on its first reading and that the reading of the OR MAPS ESTABLISHED BY text be waived by unanimous consent. SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL The motion carried by the following vote, to-wit: CODE, REZONING PROPERTY LOCATED AT 287 "L" AYES: Councilmen Hobel, Cox, Hyde, Egdahl STREET FROM R-3 TO C-O-P, Noes: Councilman Scott AND CERTIFYING THE NEGA- Absent: None TIVE DECLARATION - FIRST READING b. RESOLUTION - Councilman Scott spoke against the proposal expressing APPROVING PRECISE PLAN his concern over the safety problem with the driveway on FOR OFFICE BUILDING a dangerous corner. AT 287 "L" STREET IN C-O-P ZONE Motion to continue It was moved by Mayor Hyde, seconded by Councilman Scott resolution for one and unanimously carried that this resolution be continued week for one week and that staff be requested to provide further information on the traffic safety problems and questions raised by Councilman Egdahl and Councilman Scott. 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF AMEND- opened the public hearing. MENT TO MUNICIPAL CODE TO ALLOW CARDROOMS IN THE C-O ZONE City Council Meeting -7- January 3, i978 Several months ago the City Council adopted a zoning text amendment which listed cardrooms as a conditional use in the C-C and C-T zones and limited the number of cardrooms to one (I) per 25,000 residents or fraction thereof. The City presently has one cardroom and two additional card- rooms have been approved by the Planning Commission for the City's population of approximately 82,000. Director of Planning Peterson said that on November 8, 1977 the Council considered a request by Max Lercher to use the former Department of Motor Vehicles building on Third Avenue in the C-O zone for a cardroom and referred the matter to the Planning Commission. On December 14, 1977 the Planning Commission certified the Negative Declaration and recommended that the Council allow cardrooms in the C-O zone in accordance with their Resolution No. PCA-78-3. Mr. Peterson stated that this recommendation was made in part with the knowledge that this would be a seldom used provision of the ordinance, and in any C-O zone where cardrooms would not be appropriate, the option is there to deny the Conditional Use Permit. Max Lercher Mr. Lercher said there would be no problem as only four 11 Third Avenue cardrooms will be licensed; his is the only cardroom Chula Vista requested and this is the only site in the C-O zone. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Council discussion Council discussion ensued concerning (1) the uses permitted in the C-O zones; (2) that cardrooms might not be appro- priate as they may have an adverse effect on professional or residential development; and (3) that suitable property in the C-O zone could be rezoned rather than allow card- rooms under the CUP procedure. 7a. ORDINANCE - It was moved by Mayor Hyde and seconded by Councilman AMENDING SECTION Egdahl that the request for amendment of the Municipal 19.30.040 OF THE Code to allow cardrooms in the C-O zone be denied. CHULA VISTA MUNICIPAL CODE TO ADD CARDROOMS TO THE LIST OF CONDITIONAL USES IN THE C-O ZONE, AND CERTIFYING THE NEGATIVE DECLARATION - FIRST READING Speaking against the motion Councilman Hobel spoke in favor of the area in question for the cardroom facility as being a suitable location. Councilman Cox also spoke against the motion stating there is sufficient control through the conditional use permit procedure along with the limitation on the number of cardrooms. Mayor Hyde clarified his motion as not against the site, but rather that if it is a suitable site, the zone should be changed to one that properly provides for cardroom use. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Egdahl Noes: Councilmen Hobel, Cox Absent: None City Council Meeting -8- January 3, 1978 2a. PRESENTATION ON Mayor Hyde acknowledged the arrival of Supervisor Tom "208 PLAN" (Water Hamilton and invited him to make his presentation at Quality Management) this time. (8:30 p.m. - see page 1 of the minutes) RECESS A recess was called at 8:57 p.m. and the meeting reconvened at 9:02 p.m. RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO, 8957 - The Department of Housing and Urban Development (HUD) has SUPPORTING CPO IN announced that it intends to move most of the local opera- OPPOSING MOVE OF HUD tions to Los Angeles. The City of San Diego and the CPO LOCAL OFFICES TO (Comprehensive Planning Organization) have launched a LOS ANGELES campaign to oppose the move and have asked area cities for their support of this effort. (Councilman Cox and Councilman Scott were temporarily absent from the dais.) 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 Egdahl, Hobel Noes: None Absent: Councilmen Cox, Scott 10. RESOLUTION NO. 8958 - On December 20, 1977 the Council approved an agreement APPROVING AGREEMENT between the City and Wilbur Smith and Associates for per- BETWEEN THE CITY OF formance of Chula Vista Transit's maintenance facility CHULA VISTA AND THE analysis study. The Comprehensive Planning Organization COMPREHENSIVE PLANNING (CPO), through this agreement, will provide the City $2400 ORGANIZATION FOR PRO- in U.S. Urban Mass Transportation Administration Technical FESSIONAL SERVICES TO Studies funds. The City will be responsible for providing ASSIST IN A SHORT RANGE the in-kind non-federal match of $600 in the form of man- TRANSIT PLANNING STUDY hours spent on the project by the City's Transit Coordi- AND AUTHORIZING THE nator and Equipment Maintenance Superintendent. MAYOR TO EXECUTE SAID AGREEMENT (Councilman Cox and Councilman Scott returned to the dais at this time) 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 Scott, Egdahl, Hobel, Cox Noes: None Absent: None 9. RESOLUTION NO. 8959 - The Council authorized staff to proceed with the steps APPROPRIATING FUNDS necessary to acquire property on Church Avenue for public FOR APPRAISAL AND parking. In order to proceed with the data necessary to REAL ESTATE SERVICES hold a public hearing, it will be necessary to conduct an AND AUTHORIZING LEE appraisal of the two parcels involved and to obtain title C. JOHNSON TO PROCEED services. Mr. Lee C. Johnson was contacted and has agreed to update the appraisal for a fee of $750. It was also requested that an additional $250 be appropriated for litigation guarantees and other associated title services. City Council Meeting -9- January 3, 1978 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 11. RESOLUTION NO. 8960 - Mr. James Yamate, 724 Moss Street, Chula Vista, has re- ELECTING TO PROCEED UNDER quested the vacation of Moss Street between Industrial THE PROVISIONS OF THE Boulevard and the 1-5 Freeway to allow full utilization STREET VACATION ACT OF of his property lying on both sides of the street. Both 1941, DECLARING THE Pacific Telephone and Sweetwater Authority requested that INTENTION OF THE CITY easements be reserved for their facilities. The resolution COUNCIL OF THE CITY OF sets January 24, 1978 at 7:00 p.m. in the Council Chambers CHULA VISTA TO VACATE as the date for the required public hearing. A PORTION OF MOSS STREET BETWEEN INDUSTRIAL BLVD. AND 1-5 FREEWAY AND FIXING A TIME AND PLACE FOR HEARING THEREON 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, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None 12. RESOLUTION NO. 8961 ~ The property owners along quintard Street between First ELECTING TO PROCEED Avenue and Tobias Drive have requested the vacation of the UNDER THE PROVISIONS southerly 12 feet of Quintard Street adjacent to their OF THE STREET VACATION properties. The southerly half of Quintard Street is 40 ACT OF 1941, DECLARING feet in width, which is 12 feet in excess of that required THE INTENTION OF THE by the adopted City standards for a residential collector CITY COUNCIL OF THE street. The utility companies have been notified and have CITY OF CHULA VISTA TO no objections as long as easements for their existing facili- VACATE A PORTION OF ties are provided. QUINTARD STREET BETWEEN FIRST AVENUE AND TOBIAS The resolution sets January 24, 1978 at 7:00 p.m. in the DRIVE AND FIXING A TIME Council Chambers as the date for the required public hearing. AND PLACE FOR HEARING THEREON 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, Hobel, Cox, Hyde, Scott Noes: None Absent: None 13. RESOLUTION NO. 8962 - The Anti-Recession Fiscal Assistance Program (ARFA) was PROVIDING FOR THE extended for one year and amended by provisions of the SPECIAL APPROPRIATION Inter-Governmental Anti-Recession Assistance Act of 1977. OF FUNDS - FEDERAL Last year the City Council appropriated the City's four ANTI-RECESSION FUNDS quarterly payments, totalling $305,117 to the Retirement Fund to supplement the employer's cost for retirement. Two additional quarterly payments, plus the investment income, have been received. These funds - totalling $280,105.78 - must be expended or appropriated by January 12, 1978. Staff recommended that they be used for Employer's contributions to the Public Employees Retirement System. City Council Meeting -10- January 3, 1978 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 Scott, Egdahl, Hobel, Cox Noes: None Absent: None 14. RESOLUTION - The proposed revisions to Civil Service Rule VIII in- APPROVING AMENDMENT corp0rates procedures to insure more safeguards and TO CIVIL SERVICE appellate rights for classified employees. The Civil RULE VIII - SEPARATIONS Service Commission recommended approval. Motion to continue It was moved by Mayor Hyde and seconded by Councilman item for one week Scott that this matter be continued until the next meeting so that the Council can have information which indicates the actual revisions that are proposed. Three major changes In answer to a query from Councilman Scott as to whether in Rule VIII this is a negotiable item and whether the appropriate employee groups have been notified, Director of Personnel Bigge said it is a meet and consult item and agreement has been reached with all employee organizations. He explained the three specific changes: (1) giving the employee an opportunity for a hearing before any disciplinary action; (2) spelling out what the action against the employee is and what the cause is (in accordance with the Skelley court case decision); and (3) giving the employee an opportunity for rebuttal. Motion carried The motion to continue the item carried unanimously. 15. RESOLUTION NO. 8963 - On December 13, 1977 the Council appropriated the sum of APPROVING AGREEMENT $S,000 to support the South Bay Economic Development BETWEEN THE CITY OF Corporation. In compliance with Council Resolution No. CHULA VISTA AND THE 6527, this agreement outlines the conditions governing SOUTH BAY ECONOMIC the use of these monies. DEVELOPMENT CORPORATION IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution oEfered 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, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None 16. ORDINANCE NO. 1783 - At the direction of the City Council and in accordance AMENDING CHAPTER 17.10 with new provisions of the State Subdivision Map Act, this OF THE CHULA VISTA ordinance was prepared providing for the collection of MUNICIPAL CODE BY land or fees to provide an interim solution to school needs DELETING THEREFROM in specified attendance areas where overcrowded conditions SECTION 17.10.120, are clearly demonstrated. RENUMBERING EXISTING SECTION 17.10.130 TO Staff recommended that the ordinance be placed on first 17.10.120, AND ADDING reading and adopted as an interim measure. A NEW CHAPTER 17.11, ALL RELATING TO THE PROVISION OF INTERIM SCHOOL FACILITIES - FIRST READING AND ADOPTION City Council Meeting -11- January 3, 1978 Council discussion Discussion by the Council and staff included: (1) As each developer applies for a tentative map, it will be necessary to refer it to the school district concerned who, if they wish, will have the Council require a letter for in-lieu fees or land; (2) the district will have to provide evidence of the need for the school facility; (3) the developer or builder can meet with the district and resolve the issue before the matter is brought before the Council; and (4) the ordinance also applies to even one single-family unit. John Linn Mr. Linn said that the City Board of Education has been Business Manager supplied the information concerning the ordinance, but Chula Vista City they have not met to discuss it. The school district School District staff has worked with the City Attorney on this matter. City Attorney Lindberg called attention to the fact that this is an interim ordinance and will be in effect for three months - the matter will then go through the normal process of public hearing by the Council. Ordinance placed on first It was moved by Mayor Hyde that the ordinance be placed reading and adopted on its first reading and ~dopted and i~at the reading of th~ text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: None CONTINUED MATTER AND SECOND READING OF ORDINANCES 17. REPORT ON ENERGY AND The Council recently asked staff to investigate the need WATER CONSERVATION for the City to adopt General Plan Elements which would PLANNING (Continued establish local energy and water conservation policy and from 12/20/77) standards. Thc Planning Department made an investigation and discussed this need with several Planning Departments in the San Diego Region, including the Comprehensive Plan- ning Organization. Summarizing a written report, Director of Planning Peterson recommended: (1) that the staff be directed to continue active participation on the CPO's San Diego Regional Energy Task Force, and (2) that a resolution be adopted urging the CPO to immediately undertake a regional water con- servation planning program and to invite local government's technical and professional participation. Letter to be addressed It was the consensus of the Council that a letter over the to CPO Mayor's signature, be addressed to the CPO expressing the City's concern regarding water conservation. Eugene Coleman Mr. Coleman expressed his concern regarding the water short- Gotham Street age and energy problem. His presentation to the Council Chula Vista included information on the water supply from the Colorado River; suggestions for revisions to the building code to require energy saving devices in ali new homes constructed; the reduction of water supply from the Colorado River on the completion of the Central Arizona Project and possible claims by Navajo Indians; the energy available is not adequate to operate water pumps at capacity; and water requirements of new developments. City Council Meeting -12- January 3, 1978 Suggestions for Mr. Coleman urged the Council to take action: (1) to Council actions require energy saving devices in future homes built in the City; and (2) to start a series of public meetings with representatives from the Metropolitan Water District of Southern California, San Diego County Water Authority, and the two local water distrcits to consider short and long term solutions t~ the water problems affecting the City. Conservation measures Director of Building and Housing Grady explained that the already required by City City is already working on the energy problem by (1) re- quiring insulation in walls and ceilings of new homes or new additions of 50% of the size of existing buildings; (2) ordinance adopted requiring no more than 30% of pres- sure in homes to reduce water consumption; and (3) all new plans submitted for permits will have iow-flush toilets. Motion to accept It was moved by Mayor Hyde, seconded by Councilman Egdahl interim report and and unanimously carried that the interim staff report be request for final accepted and a f~nal report requested by the first meeting report in April. UNANIMOUS CONSENT ITEM 17a. RESOLUTION NO. 8964 - The City Council adopted Resolution No. 8925 containing CLARIFYING THE TERMS a statement of terms and conditions for the acceptance AND CONDITIONS REGARDING of the costs of candidates' statements by the City of THE MAILING OF CANDIDATES' Chula Vista. It is desired to clarify that such acceptance STATEMENTS IN REGARD TO of costs shall be only for candidates for Council or Mayor THE ACCEPTANCE OF THE of the City of Chula Vista, both as to the printing of COSTS BY THE CITY OF statements of qualifications and the Spanish translation CHULA VISTA thereof. 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, Scott, Egdahl, Hobel Noes: None Absent: None 18. ORDINANCE NO. 1780 - This ordinance prohibits the relocation of buildings with- AMENDING SECTIONS in the City. It was placed on first reading at the meeting 15.44.010, 15.44,020, of December 20, 1977. 15.44.030, 15.44.040, AND 15.44.050 AND (Councilmen Hobel was temporarily absent from the dais.) REPEALING SECTIONS 15.44.060 15.44.070 It was moved by Councilman Scott that this ordinance be 15.44.080 14.44.090 placed on its second reading and adopted and that the 15.44.100 15.44.110 reading of the text be waived by unanimous consent. 18.44.120 15.44.130 15.44.140 15.44.150 The motion carried by the following vote, to-wit: 15.44.160 15.44.170 18.44.180 15.44.190 AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde 18.44.206 15.44.210 Noes: None 15.44.220 15.44.230 Absent: Councilman Hobel OF CHAPTER 15.44 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE MOVING, RELOCATING AND DEMOLISHING OF BUILDINGS - SECOND READING AND ADOPTION City Council Meeting -13- January 3, 1978 19. ORDINANCE NO. 1781 - On October 4, 1977 the Council accepted a report on the AMENDING SECTIONS feasiblity of undergrounding 69 thousand volt transmission 15.32.010 THROUGH lines, and directed staff to prepare Code changes necessary 15.32.030, 15.32.050 to implement the recommendations outlined in the report. AND 15.32.060 OF THE CHULA VISTA MUNICIPAL The ordinance was placed on first reading on December 20, CODE, RELATING TO 1977. UNDERGROUNDING OF UTILITIES - SECOND In answer to a query from Councilman Egdahl, Director of READING AND ADOPTION Public Works Robens said the ordinance did not include undergrounding of 69 KV transmission lines due to the cost. However, the program is being revised and will be forwarded to the Council in the near future at which time under- grounding of the 69 KV transmission lines can be considered. Ordinance placed on It was moved by Councilman Hobel that this ordinance be second reading and placed on ~t$ 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 Hobel, Cox, Hyde Noes: Councilmen Scott, Egdahl Absent: None 20. REPORTS OF THE CITY ML~NAGER a. PROPOSED NPaME FOR The City Manager listed several designations as possible OLD LIBRARY/POST names for the old Library/Post Office buildings. OFFICE BUILDING Motion to accept report It was moved by Councilman Scott and seconded by Councilman Cox that the Council accept the report and the name as recommended by the City Manager (City Hall Service Center and City Hall renamed "City Hall Administration Center.") Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Scott, Cox NOES: Mayor Hyde, Councilmen Hobel, Egdahl Absent: None Council discussion In indepth discussion followed by the Council to determine an appropriate designation for the renovated buildings including: (1) listing of departments housed in the various buildings; (2) retaining the designation "City Hall" in both areas and using "East" or "I and II" for identifica- tion; (3) signs to be located on a kiosk designating loca- tion of various departments in appropriate buildings; and (4) color coding of department names and direction signs. Motion to name new It was moved by Councilman Scott and seconded by Mayor area "City Hail East" Hyde that the new building be named "City Hail East." Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Scott, Mayor Hyde NOES: Councilmen Hobel, Cox, Egdahl Absent: None Motion to continue It was moved by Mayor Hyde, seconded by Councilman Egdahl for one week and unanimously carried that this matter be continued until the next meeting. City Council Meeting -14- January 3, 1978 21. REPORT ON SOLAR Director of Building and Housing Grady reported that ENERGY IN CIVIC the City received a notice from the Energy Research and CENTER RENOVATION Development Administration of a new round of solar energy installation grants. The deadline for filing for the new grant is January 31, 1978. Mr. Grady explained in his written report that in a de- briefing from ERDA, it was apparent that the City's un- successful attempt to secure a grant in 1976 was due to the lack of highly technical data, requiring the services of qualified mechanical engineers. Staff recommended, because of insufficient time to put together a complete package, that the City not apply for a grant at this time but look to future grants from the Federal and State Government. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. 22. REPORT ON CIVIC CENTER In a written report, Director of Building and Housing Grady RENOVATION - FENCING said that on January 9, 1978 the Civic Center renovation ~ZqD PARKING contractor will relocate the temporary fency to enclose the plaza site construction area and that demolition equip- ment will begin work on the new plaza and landscaping. The location of the fence will make available two public en- trances to the City Hall as follows: 1. East side - north entrance next to the City Clerk's office. 2. West side - off Fig Avenue next to the administrative wing. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the report be accepted. 23. REPORT ON ISLAND In a written statement, Director of Planning Peterson ANNEXATION PERMITTED explained that the Municipal Organization Act of 1977 BY MUNICIPAL ORGANIZATION (MORGA) provides that a Local Agency Formation Commission, ACT OF 1977 after notice and hearing, may authorize the board of super- visors to cause unincorporated territory to be annexed to a municipality without an election, whether such territory is inhabited or not, if certain criteria are met. The provision will apply only to "island" territories in existence on January 1, 1978 and will be in effect only until January 1, 1981. Staff supplied the Council with five possible annexation "islands." Councilman Cox said he would like to look at ali of the "islands" in the City before making a decision. Motion to continue It was moved by Councilman Cox, seconded by Councilman this item for two Hobel and unanimously carried that this matter be con- weeks for a report tinued for a period of two weeks and have a report brought on all "islands" back on all the islands that were considered by staff. MAYOR'S REPORT Meeting to be held Mayor Hyde announced that he will be going to Laguna Niguel re critical habitat on Wednesday morning with the Redevelopment staff to meet area with the Fish and Wild Life Commission in an effort to resolve the critical habitat problem. City Council Meeting -15- January 3, 1978 State funds available Mayor Hyde referred to a letter received from the State to City for open space Department of Parks and Recreation concerning funds avail- programs able under the Roberti-Z'berg Urban Open Space and Recrea- tion Program. Funds for Chula Vista total $47,580. City Manager Cole said he will report to the Council on this at the meeting on Thursday, January 5, 1978. COUNCIL COMMENTS Cost of renovation Councilman Cox questioned if it would not have been less expensive to completely demolish the old library and post office buildings and build new ones. Director of Public Works Robens reponded that in discussion with the architect, it was determined that under the present contract, the City saved approximately $350,000. 24. CONSIDERATION OF Councilman Cox explained that the Committee has been meeting RECO~qENDATIONS OF bi-monthly since July. They have invited developers and MAYOR'S ECONOMIC City staff to these meetings to discuss issues and concerns ADVISORY CO5~qlTTEE regarding City services. The Committee has now submitted four recommendations: (1) The City Council direct the City Manager to evaluate the City's Planning review process with a view towards significantly reducing processing times. The evalua- tion should be completed by June 30, 1978. City Manager Cole said that the consultant who will review the Planning Department under the Request for Proposal will cover this review and a report should be finished by May,1978. In response to a query from Mayor Hyde, Councilman Cox said the recommendation was not limited to the Planning Department, but included the total process involving other departments. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that this recommendation be re- ferred to the staff. (2) The General Plan be designated as the predominant guide for planning policy and regulations. Members of the aommunity require an accurate reference for land use decisions, one whiah is not superseded by other laws or decisions. Council discussion indicated a concern regarding this recommendation in that it may take away from the duties of the Council as elected officials to make decisions in this area. It was the consensus of the Council that the General Plan is a guide; however, there are instances where a zone change must be made. Motion for no action It was moved by Mayor Hyde, seconded by Councilman Scott on recommendation #2 and unanimously carried that no action be taken on recom- mendation No. 2. (3) The City Council direct a coordinated feasibility study of the potential expansion of the Broadway Shopping Center. Mayor Hyde commented that this recommendation is now in process. City Council Meeting -16- January 3, 1978 Motion to accept It was moved by Councilman Scott, seconded by Councilman recommendation #3 Egdahl and unanimously carried that this recommendation be accepted. (4) The City Council take no final action on the Sedway/ Cooke Rice Canyon report pending review of the study by the Mayor's Economic Advisory Com~nittee. Any action in the Rice Canyon area should be considered in the context of overall economic impacts. In addition, the City Council should not direct any definitive actions on the '~" Street/I-805 area until such time as the Broadway Shopping Center expansion issue is resolved. Council discussion of this item included (1) that it is proper for the Economic Advisory Committee to be brought up-to-date on the effect of the Sedway/Cooke report so they can in turn provide input to the Council during ACCORD and Planning Com- mission meetings; (2) the study of the Broadway Shopping Center is already part of the Sedway/Cooke study; and (3) that it might be beneficial for the Planning staff to attend a meeting of the Committee and make a presentation on the Sedway/Cooke Plan and answer any questions. Motion for staff to It was moved by Mayor Hyde, seconded by Councilman Scott make presentation to and unanimously carried that the Planning Director arrange Committee on Sedway/Cooke with Councilman Cox, Chairman of the Economic Advisory Com- plan mittee, for a presentation on the Sedway/Cooke plan for the E1 Rancho del Rey property as soon as possible. Motion for Committee to It was moved by Mayor Hyde, seconded by Councilman Cox attend ACCORD and Planning and unanimously carried that the Economic Advisory Com- Commission meetings re mittee be requested to provide timely input to the ACCORD E1 Rancho del Rey meetings on E1 Rancho del Rey property and Planning Com- mission meetings relating to those properties when such meetings are held. Request for letter Mayor Hyde asked that the City Manager draft these motions to Economic Advisory into a letter to the Economic Advisory Committee for the Committee Mayor's signature. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:37 p.m. to the Council Conference scheduled for Thursday, January 5, 1978 ~[ 4;00 p.m. in the Council Conference,Room, City Hall. Deputy City Clerk