HomeMy WebLinkAboutcc min 1978/03/14 MINUTES OF A REGUL33R MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. March 14, 1978
A regular meeting of the City Council of the City of Chula Vista, California, was held on
the above date beginning at 7:03 p.m. (following the Special Redevelopment Agency meeting
at 7:00 p.m.) in the Council Chambers, City Hall, 276 Fourth Avenue.
ROLL CALL
Councilmen present: Mayor Hyde, Councilmen Hobel, Cox, Scott
Councilmen absent: Councilman Egdahl
Staff present: City Manager Cole, City Attorney Lindberg, Director of Public
Works Robens, Director of Community Development Desrochers,
Director of Parks & Recreation Hall, Director of Building &
Housing Grady
The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Scott
and unanimously carried by those present that the minutes
of the meetings of February 23, 28 and March 2, 1978 be
approved, copies having been sent to each Councilman.
PUBLIC HEARING AND RELATED RESOLUTION
4. PUBLIC HEARING - This public hearing, which was continued from the meeting
CONSIDERATION OF of February 28, 1978 at the applicant's request, has been
ACQUISITION OF VARIOUS called to hear testimony as to whether or not there is a
PROPERTIES THROUGH valid public use which would allow the City to acquire
EMINENT DOMAIN BY THE property by eminent domain.
CITY OF CHULA VISTA
(CHULA VISTA WOODS)
(Continued from 2/28/78)
Request for continuance Mayor Hyde announced that the developer, San Marcos Develop-
ment Company, has requested a continuance until March 21,
1978 in order to pursue negotiations with United Enterprises.
City Attorney Lindberg stated that he received a call and
they now wish a continuance to March 28. 1978.
Motion to continue It was moved by Councilman Scott, seconded by Councilman
Hobel and unanimously carried by those present that the
public hearing be continued to the meeting of March 28, 1978.
4a. RESOLUTION - Continued to March 28, 1978.
DETERMINING AND DECLARING
THE PUBLIC NECESSITY OF
THE ACQUISITION OF PRO-
PERTY OWNED BY UNITED
ENTERPRISES FOR NECESSARY
RIGHTS OF WAY PROVIDING
ACCESS TO A PROPOSED
SUBDIVISION TO BE KNOWN
AS CHULA VISTA WOODS AND
FOR STORM DRAIN PURPOSES
AND AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION
PROCEEDINGS TO ACQUIRE SAID
RIGHTS OF WAY
City Council Meeting -2- March 14, 1978
2. SPECIAL ORDERS OF THE DAY
a. OATH OF OFFICE - City Clerk Jennie Fulasz administered the oath of office
LARRY C. PAUTLER, to Mr. Pautler, newly appointed member of the Library
LIBRARY BOARD OF Board of Trustees.
TRUSTEES
b. PRESENTATION ON THE Ms. Sharon Kimbriel, a member of the San Diego Committee
"HUNGER PROJECT" - for the "Hunger Project" made a brief presentation to the
SHARON KIMBRIEL Council explaining the purpose of the program.
c. PROCL~ATION - Mayor Hyde presented the Proclamation to Ms. Kimbriel.
DECLARING THE WEEK OF
MARCH 12 THROUGH 18,
1978 AS "HUNGER PROJECT
WEEK" IN THE CITY OF
CHULA VISTA
d. PROCLAMATION - On March 1S, 1977 paramedic services for Chula Vista and
DECLARING MARCH 15, surrounding areas began. The interjurisdictional agencies
1978 AS "PARAMEDIC involved have been able to provide an augmented level of
DAY" IN THE CITY OF emergency medical services to the community with no impact
CHULA VISTA on the City's property tax rate. The proclamation is in
recognition of the program's efforts and accomplishments
during the past year.
Mayor Hyde presented the Proclamation to Mr. Taylor,
representing Bay General Hospital.
ORAL CO~UNICATIONS
Richard Huffman Mr. Huffman discussed the Community Release Board's action
San Diego Deputy granting a release to Joseph Morse in 1981, recently advanced
District Attorney to 1979. Mr. Huffman noted that Mr. Morse murdered his
220 West Broadway mother, sister and a cellmate and there was a great deal of
San Diego concern in the community and in the District Attorney's
office over the release of this prisoner. Thc District
Attorney is asking for Council's support in obtaining a
new hearing on this case, as he feels the hearing process
violated California law. The District Attorneys were not
given notice of this hearing and they only found out about
it after it was an accomplished fact,
Marguerite Stein Mrs. Stein joined with Mr. Huffman in asking Council
Attorney at Law support in obtaining a new hearing on the Joseph Morse
Chula Vista case.
Motion for resolution It was moved by Mayor Hyde and seconded by Councilman Cox
that this Council join with the action of the District
Attorney in addressing a communication to the Community
Release Board recommending that a rehearing on the parole
date for Joseph Morse be considered - that a resolution be
brought back.
Council discussion In answer to the Council's query, Mr. Huffman said that
time was of the essence - the Community Release Board has
to act within the next week or the date of the release
becomes final.
Motion amended to It was moved by Councilman Scott and seconded by Councilman
include letter Hobel that a letter be drafted prior to the resolution being
brought to the Council taking the same position as the
resolution, as stated by the Mayor.
City Council Meeting -3- March 14, 1978
Incorporated in motion Mayor Hyde said he would incorporate this in his original
motion; Councilman Cox agreed to the second and the motion,
as modified, carried unanimously by those present.
Donald A. Painter Mr. Painter complimented the Council on its action.
920 Beech, Chula Vista
REQUEST FOR TRAFFIC SIGNAL
AT OTAY LAKES ROAD AND EAST
',H" STREET - LINDA JOHNSTON Mrs. Johnston expressed the concerns of the residents over
PTA SAFETY CO~ITTEE, the traffic conditions in the Otay Lakes Road/"H" Street
BURTON TIFFANY SCHOOL area. She explained their efforts in obtaining a traffic
survey in the Spring of 1977 and asked the results of the
recent survey conducted by the Engineering Departments.
Mrs. Johnston presented the Council with petitions contain-
ing 875 signatures requesting a traffic signal at the in-
tersection of Otay Lakes Road and "H" Street.
Director of Public Works Robens said that the intersection
now meets the warrants for the installation of a traffic
signal and has been recommended to the Capital Improvement
Committee for consideration. The CIP Committee will present
its recommendations to the City Manager in four weeks. It
is number one on the priority list.
In answer to Councilman Hobel's query, Mr. Robens stated
it would take from six to nine months (optimistically) and
9 to 12 months (pessimistically) to get the signal installed.
This is due to the delivery of the components by the manu-
facturers.
Motion for report It was moved by Mayor Hyde and seconded by Councilman Scott
that the staff be requested to give the Council a report
at the next Council meeting as to the practicality of going
to advance planning for approval and scheduling for a stop
light at this intersection.
Discussion Councilman Cox discussed the responsibilities of completing
the street improvements on East "H" Street.
Lee Kara, President Mrs. Kara discussed the community's needs for this traffic
Tiffany Elementary PTA signal and asked for Council's support of the request.
981 Valencia Court
Chula Vista
Don Cousino Mr. Cousino addressed the budgetary consideration of this
1616 Ithaca Street project and asked if signalization equipment taken down
Chula Vista in other parts of the City could be used at this intersection.
Director of Public Works Roben5 explained the reasons for
the department needing to put in new installations at new
intersections. The old equipment that is salvaged is used
for parts.
Motion for report carried The motion for the staff report carried unanimously by those present,
Motion for report It was moved by Councilman Cox, seconded by Councilman
on East "H" Street Hobel and unanimously carried by those present that the
staff be directed to report back to the Council at their
~arliest convenience with regard to the current status of
the full street improvements on the missing sections of
East "H" Street between Otay Lakes Road eastward -
approximately one-quarter of a mile.
City Council Meeting -4- March 14, 1978
Ted Stribling Mr. Stribling said he was representing the homeowners of
807 Corte Entrada the Hilltop Vista Subdivision who had the following concerns
Chula Vista regarding what the City required the developer (Gersten) to
do in developing the Telegraph Canyon area, specifically
Hilltop Vista: (1) What were the City requirements at the
first initial concept of the development; (2) landscaping -
major alterations of topography; (3) drainage; (4) what
action will the City take if the developer does not meet
the requirements; (5) what recourse do the homeowners have
in regard to verbal promises and requirements not met by
the developer.
Motion for staff report It was moved by Councilman Cox, seconded by Councilman
Scott and unanimously carried by those present that the
questions that Mr. Stribling has raised be referred to
staff and have this come back as a docketed item in two
weeks - March 28, 1978 meeting.
The City Clerk was directed to forward 10 copies of the
staff report to Mr. Stribling prior to the March 28 meeting
for distribution to interested homeowners.
Paul Northrup Mr. Northrup submitted a summary sheet of the last five
275 East Moss Street years showing the City's estimated and actual balance in
Chula Vista carry over surplus in the general fund. He noted that the
actual balance was always more than that estimated at the
end of the previous year, and using the figures he submitted,
during the past four years, the actual as compared to the
estimate nearly tripled each and every year. Mr. Northrup
added that "with proper management, a chaotic problem may
be able to be reduced to one that can be coped with."
Recess A recess was called at 8:05 and the meeting reconvened
at 8:17 p.m.
(Councilman Cox temporarily absent from dais)
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR JOINT In a letter to the Council, County Board of Supervisors
MEETING REGARDING Tom Hamilton and Roger Hedgecock noted that a decision
RECOMMENDATIONS will be made concerning the designation of the 208 Manage-
CONCERNING 208 ment Agency at the Comprehensive Planning Organization's
MANAGEMENT AGENCY (CPO) meeting on April 17, 1978. They submitted information
DESIGNATION - on the Consultant's proposal (Gilbert Issue Paper #5) and
SUPERVISORS HAMILTON the County's proposal, including a summary comparison of
AND HEDGECOCK the two proposals.
A joint meeting with the Council was requested to discuss
and evaluate the alternatives.
Staff recommendation City Manager Cole recommended the following:
1. Defer action pending further input from CPO staff
on consultant and County proposals.
2.Defer action pending review and discussion by CPO
Task Force on 208 Plan.
5. Instruct staff to confer with County and CPO staff
and recommend position prior to 4-17-78 CPO Board
meeting.
Motion to accept It was moved by Councilman Hobel, seconded by Mayor Hyde
staff's recommendation and unanimously carried by those present to accept the
staff's recommendations.
City Council Meeting -5- March 14, 1978
3b. REQUEST FOR ASSISTANCE The Robinhood Point Homeowner Association requested that
TO ENFORCE MOTOR VEHICLE the Council assist them in the enforcement of Motor Vehicle
CODE "NO PARKING" ON Code Section 21107.5 on Point Rebinhood's private street
PRIVATE STREETS areas. They stated that parking in these private street
areas causes congestion and might hamper any possible fire
protection.
Motion to refer It was moved by Mayor Hyde, seconded by Councilman Scott
to staff and unanimously carried by those present that this request
be referred to staff for recommendation.
3c. REQUEST FOR PERMISSION The Board of Directors of the Community Hospital of Chula
TO REFUND EXISTING BONDS~ Vista and Stone & Youngberg, Municipal Financing Consultants,
COMMUNITY HOSPITAL OF Inc., requested that the Hospital be permitted to refund
CHULA VISTA its existing bonds in order to take advantage of lower
interest rates and to provide funding to accomplish certain
other goals. Adoption of the resolution will also provide
that the City accept the gift of the Hospital when all the
refunding bonds are paid.
3c. (1) RESOLUTION NO. 9021 - Offered by Mayor Hyde, the reading of the text was waived
APPROVING COM~JNITY by unanimous consent of those present, passed and adopted
HOSPITAL OF CHULA by the following vote, to-wit:
VISTA'S PROGRAM TO
REFUND ITS OUTSTAND- AYES: Mayor Hyde, Councilmen Scott, Hobel
lNG OBLIGATIONS AND Noes: None
TO PROVIDE NEW MONEY, Absent: Councilmen Cox, Egdahl
APPROVING ITS ARTICLES
OF INCORPORATION AND
BYLAWS, AS AMENDED,
AND ACCEPTING THE GIFT
OF A PROJECT FINANCED
BY SUCH OBLIGATIONS
(Councilman Cox returned to the dais at this time - 8:20 p.m.)
Terence McCarty In answer to Councilman Scott's inquiry as to why the City
Stone & Youngberg could not do the same with refinancing the redevelopment
Suite 2750 bonds of the bayfront, Mr. McCarthy answer that his firm
1 California Street has looked into the possibility of refunding these out-
San Francisco standing redevelopment bonds. Because of the requirements
of the Internal Revenue Service concerning arbitrage, the
City cannot invest new bond proceeds at a higher yield than
that paid on the old bonds and therefore, it would not be
feasible in this instance.
CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman
(Items 5 through 19) Hobel and unanimously carried by those present that the
Consent Calendar be approved and adopted.
5. RESOLUTION NO. 9022 - In accordance with the Elections Code, Section 23302
REQUESTING CONSOLIDATION requires that any city requesting consolidation with the
OF THE CHULA VISTA statewide election in June must file a resolution of its
SPECIAL RUN-OFF ELECTION governing board with the Board of Supervisors at least
WITH THE STATEWIDE 74 days prior to the date of election.
PRIMARY ELECTION
If one or more candidates do not get a majority vote in
April, consolidation will be requested for a run-off
election and for certain Charter changes as recommended
by the Charter Review Committee and approved by the Council.
City Council Meeting -6- March 14, 1978
6. RESOLUTION NO. 9025 - A trial traffic regulation has been in effect for eight
ESTABLISHING BOULEVARD months at the intersection of Telegraph Canyon Road and
STOP(S) AND/OR THROUGH Pasco Ladera with traffic stopped on Pasco Ladera (1 sign).
STREET(S) IN THE CITY
OF CHULA VISTA There have been no accidents or problems and the staff
and Safety Commission recommended that the traffic
regulation be made permanent.
7. RESOLUTION NO. 9024 - Perry Electric Company has completed the construction of
ACCEPTING PUBLIC the traffic signal system at Hilltop Drive/Orange Avenue
IMPROVEMENTS - HILLTOP in accordance with contract documents dated August 23, 1977.
DRIVE/ORANGE AVENUE
TRAFFIC SIGNAL A final inspection was completed on February 15, 1978 and
it was the recommendation of the staff that the project
be accepted.
8. RESOLUTION NO. 9025 - The Gersten Company has submitted plans to the City for
ACCEPTING GRANTS OF the construction of a storm drain across the northerly
EASEMENT FROM GERSTEN boundary of their property which lies east of Nacion
COMPANY AND MARK A. Avenue and north of Telegraph Canyon Road. Prior to the
PETERSON FOR DRAINAGE issuance of a permit for this construction, the Gersten
PURPOSES Company must obtain drainage easements across their property
and Lot 276 of Dalseth Hills Unit No. 7 Subdivision. The
required drainage easements have now been granted to the
City by the Gersten Company and Mark A. Peterson, owner
of Lot 276.
9. RESOLUTION NO. 9026 - The Final Map for Chulas Casitas Subdivision has been found
APPROVING MAP OF CHULAS to be in conformity with the Tentative Map approved by the
CASITAS SUBDIVISION, Council in June, 1977 by Resolution No. 8690, and all fees
ACCEPTING ON BEHALF OF have been paid by the subdivider, Jack R. Mestler, Inc.
THE PUBLIC THE PUBLIC
STREETS DEDICATED ON The final map will not be signed until the required surety
SAID MAP, AND ACCEPTING bonds in the amount of $22,000 are filed with the City Clerk.
ON BEHALF OF THE CITY
OF CHULA VISTA THE
EASEMENTS GRANTED ON
SAID MAP WITHIN SAID
SUBDIVISION, AND AP-
PROVIDING AGREEMENT
FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED
BY SAID SUBDIVISION AND
AUTHORIZING THE MAYOR
TO EXECUTE SAI~{E
10. RESOLUTION NO. 9027 - On February 28, 1978 Jack M~atler, Inc., owner of Chulas
ACCEPTING GRANT DEED Casitas Subdivision, granted the City a deed for one foot
TO CERTAIN REAL PROPERTY control Lots "A" and "B" within this Subdivision. The one
FROM JACK R. MESTLER, foot control lots are required to control access and adjacent
INC., - ONE FOOT CONTROL development.
LOTS "A" AND "B" -
CHULAS CASITAS SUBDIVISION
11. RESOLUTION NO. 9028 - The developer of Chulas Casitas Subdivision will install
ACCEPTING GRANT OF a 66 lnch reinforced concrete pipe storm drain system to
EASEMENT FROM ANTHONY connect to an existing storm drain in First Avenue. This
AND CATALDA RASO FOR requires that a portion of the storm drain be constructed
DRAINAGE PURPOSES outside the boundary of the subdivision upon property owned
ADJACENT TO CMULAS by Anthony and Catalda Rase.
CASITAS SUBDIVISION
On November 2S, 1977 the property owners granted the
necessary drainage easement to the City.
City Council Meeting -7- March 14, 1978
12. RESOLUTION NO. 9029 - One of the conditions of approval of the Precise Plan for
ACCEPTING EASEMENTS FOR a medical building at the Community Hospital of Chula Vista
STREET PURPOSES FROM is to extend Dora Lane approximately 26 feet and relocate
COMMUNITY HOSPITAL OF the cul-de-sac at the end.
CHULA VISTA, N/~qlNG AND
DEDICATING AS DORA LANE On February 28, 1978 Community Hospital dedicated the
additional right of way to the City by executing two (2)
easements for street purposes to the City.
13. RESOLUTION NO. 9030 - One of the conditions of approval for Tentative Parcel
ACCEPTING GRANT OF Map Ne. 15-77 is for the Commonity Hospital of Chula
EASEMENT FROM COMMUNITY Vista to dedicate a strip of land 7.50 feet in width
HOSPITAL OF CHULA VISTA along both sides of Dora Lane for street tree purposes.
FOR STREET TREE PURPOSES
On February 28, 1978 Community Hospital granted the
easement for street tree purposes to the City.
14. RESOLUTION NO. 9031 - Romulo Troncoso of 312 East Prospect Court has requested
APPROVING ENCROACHMENT permission to encroach into a drainage easement, which
PERMIT NO. 78-77 FOR crosses his property and parallels his westerly property
ROMULO TRONCOSO, 312 line, for the purpose of constructing a room addition to
EAST PROSPECT COURT the existing structure. Staff recommended approval as
the maximum encroachment will be approximately 2.5 feet
which will not hinder maintenance of the storm drain.
15. RESOLUTION NO. 9032 - On February 14, 1978 the Council approved a resolution for
AMENDING RESOLUTION the tentative subdivision map for Casa del Rey which adopted
NO. 9007 APPROVING in its entirety Planning Commission Resolution No. PCS 77-9.
TENTATIVE MAP FOR Subsequently it was agreed by staff and the developer to
CASA DEL REY change conditions #18 and #19 of the Planning Commission
Resolution with the intent that the change be approved by
the Council; however, the City Clerk has stated that official
action was not taken.
Condition #18 concerns a portion of Pasco Ladera which is
off-site of the Casa del Rey Subdivision. The revised
condition states that the developer shall be responsible
for curb, gutter and sidewalk on one side and 28-1/2 feet
of pavement and street lights for Pasco Ladera north of
Pasco Entrada and the extension of the northerly subdivision
boundary.
Condition #19 deals with the responsibilities for improving
"J" Street. The condition was unchanged; however, a
sentence was added indicating that this portion of "J"
Street shall be subject to a Reimbursement District.
16. RESOLUTION NO. 9033 - Mr. Willis Richardson, the owner of the property at 1150
DECLARING THE CITY'S Walnut Avenue, recently moved a building onto his lot
INTENTION TO CONDUCT subject to conditions set by the Planning Commission.
A PUBLIC HEARING TO He is requesting deferral of the condition that the
CONSIDER THE DEFERRAL electrical service to the building be underground.
OF UTILITY UNDERGROUNDING
REQUIREMENTS AT llS0 Staff recommended that the required public hearing be set
WALNUT AVENUE for April 18, 1978 at 7:00 p.m. in the Council Chambers,
City Hall.
17. RESOLUTION NO. 9034 - A Protection of Public Officials course offers practical
AUTHORIZING AND DIRECTING solutions and techniques for resolving problems and pre-
THE CHIEF OF POLICE TO venting injury, harassment, or embarrassment to public
EXECUTE TRAINING AGREEMENTS officials who may be visiting the City.
BETWEEN THE POLICE DEPART-
MENT OF THE CITY OF CHULA Staff recommended that one member of the Police Department
VISTA AND THE STATE OF attend at a cost of $210, including transportation to
CALIFORNIA, DEPARTMENT OF Sacramento.
GENERAL SERVICES, CALIFOR-
NIA STATE POLICE DIVISION
City Council Meeting -8- March 14, 1978
18. RESOLUTION NO. 9035 - On March 2, 1978 the Redevelopment Agency approved the
APPROVING COOPERATIVE Cooperative Agreement for the construction of the Commuter
AGREEMENT FOR COMMUTER Bikeway. A majority of the bikeway in Chula Vista lies
BIKEWAY CONSTRUCTION within the Bayfront Redevelopment Project; however, a
BETWEEN THE CITY OF portion of the proposed bikeway is not within the project
CHULA VISTA AND THE area, therefore the Cooperative Agreement requires Council
CITIES OF SAN DIEGO, consideration.
NATIONAL CITY, IMPERIAL
BEACH AND CORONADO, THE The Bayroute Bikeway construction is being funded by a
COUNTY OF SAN DIEGO AND grant of $850,000 and none of the participating cities
THE STATE OF CALIFORNIA, should be required to fund any portion of the construction.
AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
19. RESOLUTION NO. 9036 - State law requires that any jurisdiction that is involved
ESTABLISHING RELOCATION with the relocation of businesses or households must es-
APPEALS BOARD AND tablish a Relocation Appeals Board. The Redevelopment
APPOINTING MEMBERS Agency has approved this concept and the Town Centre Project
THERETO Area Committee has agreed to accept the added responsibility
as it is not anticipated that any major workload will result,
since less than 5% of relocation cases are ever appealed.
(END OF CONSENT CALENDAR)
RESOLUTIONS AND ORDINANCES, FIRST READING
20. RESOLUTION NO. 9037 - The Carter/Hawley Hales Stores have had a proposed Burger
APPROVING AGREEMENT King site plan approved for a location of the northeast
BETWEEN THE CITY OF corner of Broadway and "I" Street. Because of lot lines
CHULA VISTA AND CARTER/ that exist on properties all under the ownership of Carter/
HAWLEY HALE STORES, INC. Hawley Hale Stores, the Building and Housing Department has
ESTABLISHING CERTAIN indicated that certain requirements must be met to satisfy
RESTRICTIONS IN THE the Uniform Building Code.
DEVELOPMENT OF THE
CHULA VISTA SQUARE The agreement would prevent construction of any building
SHOPPING CENTER AND or structure within fifty feet of the Burger King property
AUTHORIZING THE MAYOR line for fire protection.
TO EXECUTE SAID AGREEMENT
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, Hobel, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
21. RESOLUTION NO. 9038 - Under the contract awarded to Robert G. Fisher Company,
GRANTING A 64-DAY Inc. for the expansion and renovation of the old library/
EXTENSION OF CONTRACT post office complex, construction was to be completed
TO COMPLETE THE CIVIC within 330 calendar days. The contractor has requested
CENTER RENOVATION an extension of 64 days due to the heavy rains and the
PROJECT unusual wet and muddy conditions of the site, plus ad-
ditional work required for foundation due to adverse soil
conditions. The City's Project Representative, A10'Day,
has confirmed the request as justified and staff has recom-
mended approval which will extend the contract completion
date to December 26, 1978.
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, Hobcl, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
City Council Meeting ~9- March 14, 1978
22, RESOLUTION NO. 9039 - One of the conditions for the approval of the final map of
APPROVING AGREEMENT the resubdivision of Lot 340, E1 Rancho del Rey Unit No. 5,
BETWEEN THE CITY OF is the establishment of a reimbursement agreement for the
CHULA VISTA AND THE payment to Windsor Park Enterprises for the proportionate
GERSTEN COMPANIES share of improvements installed by them which will benefit
ACCEPTING DEPOSIT the proposed subdivision.
OF $31,000 AS GUARANTEE
FOR THE REIMBURSEMENT Since the required procedures of the City Code have not
OF COSTS OF IMPROVE- been fulfilled, and in order to allow the recordation of
MENTS INSTALLED BY the subdivision map at this time, the Gersten Companies
WINDSOR PARK ENTER- have deposited a guarantee of $31,000 to cover the utimate
PRISES, INC. AND reimbursement requirement that may be imposed by the City
AUTHORIZING THE MAYOR Council after a public hearing has been conducted.
TO EXECUTE SAID AGREE-
MENT
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, Hobel, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
23. RESOLUTION NO. 9040 - The final map for the resubdivision of Lot 340, E1 Rancho
APPROVING ~AP OF RE- del Rey Unit No. 5, has been checked and found to be in
SUBDIVISION OF LOT 340, conformity with the tentative map approved by Resolution
EL RANCHO DEL REY UNIT #5, No. 8759. The owner and subdivider has paid all fees and
ACCEPTING ON BEHALF OF THE submitted all bonds and required documents. Approval of
PUBLIC THE PUBLIC STREETS the final map includes the dedication of a portion of Sesame
DEDICATED ON SAID MAP, AND Street and Sage View; also the dedication of easements for
ACCEPTING ON BEHALF OF THE storm drainage, sewer and street tree purposes, and Lots
CITY OF CHULA VISTA THE "B", and "C" for open space park and other public uses.
EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, The agreement and surety bonds in the amount of $163,000
AND APPROVING AGREEMENT FOR guarantee the installation of the public improvements
THE COMPLETION OF IMPROVE- within this resubdivision.
MENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
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, Hobel, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
24. RESOLUTION NO. 9041 On March 9, 1978 E1 Rancho del Rey, owner and subdivider of
ACCEPTING GRANT DEED the resubdivision of Lot 340, E1 Rancho del Rey Unit No. 5,
TO CERTAIN REAL PROPERTY granted to the City a deed for one-foot control Lot "D" at
FROM EL RANCHO DEL REY - the terminus of Sage View within the subdivision. One-foot
ONE FOOT CONTROL LOT "D" control lots are required to control access and adjacent
RESUBDIVISION OF LOT 340, development.
EL RANCHO DEL REY UNIT
NO. 5
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, Hobel, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
City Council Meeting -10- March 14, 1978
25. RESOLUTION NO. 9042 - Bids were received on December 21, 1977 for the following
ACCEPTING BIDS AND surveying equipment: (1) One electronic distance measuring
AWARDING CONTRACT FOR system; and (2) one digital surveying instrument.
SURVEYING EQUIPMENT
It was recommended that the contract be awarded to Hadco
Instruments, low bidder, whose bids meet specifications.
Funds required for the purchase are $14,361 less 5% cash
discount for payment within 30 days, for a total of $13,642.98.
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, Hobel, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
26. RESOLUTION NO. 9043 - On February 28, 1978 a representative of the Comprehensive
ENDORSING REGIONAL AIR Planning Organization reviewed the Regional Air Quality
QUALITY STRATEGY IMPLE- Strategy (RAQS) implementation program and explained Tactic
MENTATION PROGRAM AND Ti (modified) - Coordinated Land Use and Transportation
TACTIC T1 Actions.
By this resolution the Council endorses the RAQS implemen-
tation program and agrees that the City will implement
Tactic Ti and also participate in refining the RAQS and
preparing the air quality attainment and maintenance plan.
Resolution offered Offered by Councilman Cox, the reading of the text was
waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Councilmen Cox, Hyde, Scott, Hobel
Absent: Councilman Egdahl
CONTINUED F~kTTERS AND SECOND READING OF ORDINANCES
27. ORDINANCE NO. 1790 - This item is a City-initiated rezoning involving considera-
AMENDING ZONING MAP OR tion of eleven parcels totaling 9.9 acres on the north side
MAPS ESTABLISHED BY SEC- of Telegraph Canyon Road, in the vicinity of the Chula Vista
TION 19.18.010 OF THE Alliance Church and the Archway Lounge, for the purpose of
CHULA VISTA MUNICIPAL establishing the zone boundaries to coincide with the pro-
CODE REZONING 9.9 ACRES posed realignment of Telegraph Canyon Road.
LOCATED IN THE 600 BLOCK
OF TELEGRAPH CANYON ROAD The ordinance was placed on first reading at the meeting
FROM P-C, R-i-H, R-3 AND of February 28, 1978.
C-C-P TO R-3-P-10 AND
C-O-P, AND CERTIFYING
THE NEGATIVE DECLARATION -
SECOND READING AND ADOPTION
Ordinance placed It was moved by Councilman Scott that this ordinance be
on second reading placed on its second reading and adopted and that the
and adopted reading of the text be waived by unanimous consent of
those present,
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Cox, Hyde
Noes; None
Absent: Councilman Egdahl
City Council Meeting -11- March 14, 1978
28. ORDINANCE NO. 1791 - On January 10, 1978 the Council adopted an urgency Ordinance
AMENDING ZONING MAP OR No. 1784 rezoning the property at 11 Third Avenue from C-O
MAPS ESTABLISHED BY SEC- to C-C. The urgency ordinance will expire on April 10, 1978.
TION 19.18.010 OF THE
CHULA VISTA MUNICIPAL After a public hearing on February 28, 1978 the Council
CODE, REZONING PROPERTY established the C-C zoning on the property and placed
AT THE NORTHEAST AND Ordinance No. 1791 on first reading.
NORTHWEST CORNER OF
THIRD AVENUE EXTENSION
AND NORTH GLOVER AVENUE
FROM C-O TO C-C, AND
CERTIFYING THE NEGATIVE
DECLARATION - SECOND
READING AND ADOPTION
Ordinance placed It was moved by Councilman Scott that this ordinance be
on second reading placed on its second reading and adopted and that the
and adopted reading of the text be waived by unanimous consent of
those present.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Cox, Hyde
Noes: None
Absent: Councilman Egdahl
REPORT OF THE CITY MANAGER
29. REPORT ON C.I.P. The City Council requested a report on C.I.P. Projects
PROJECTS/JARVIS (where ongoing operational costs would continue after
INITIATIVE IMPACT completion of the project) that could be held in abeyance
until after the June elections. In a written report, City
Manager Cole said that three departments - Public Works,
Parks & Recreation, and the Fire Department - currently
have C.I.P. Projects either budgeted in the current year's
budget or carried over from previous budgets.
City Manager Cole submitted tabulations by department of
those projects and recommended that the following projects
be deferred, pending the June 6 election on the Jarvis/Gann
Initiative: LTF-2 - Transit Facilities; GT-30 - Orange
Avenue Landscaping; PD-7 - Quintard Park Development; and
GF-7, GF-14, RS-12 - Southwestern College Botanical Garden
Park. It was also recommended that the Parks and Recreation
Department be authorized to proceed with the acquisition of
materials for the construction of the irrigation systems and
play equipment involved in the development of the park con-
templated under PD-7.
Motion to It was moved by Councilman Scott, seconded by Mayor Hyde
accept report and unanimously carried by those present that the report
be accepted.
Cost factors In answer to Councilman Hobel's query, Assistant City Manager
Asmus noted the cost figures for the various projects.
Councilman Hobel then expressed his concern over the en-
cumbered funds.
City Manager Cole referred to the report submitted by Mr.
Northrup under Oral Commnnications indicating that it was
his intention to discuss this matter with the Council at
a meeting prior to budget deliberations. Along with this
would be an overview of the departmental budgets, revenue
projections, past budgets and projected trends, policy on
CETA, personnel needs and perhaps an executive session for
salary negotiations. Mr. Cole recommended that the Council
set the date of Saturday, April 1 for at least a 4-hour
session.
City Council Meeting -12- March 14, 1978
Motion for It was moved by Mayor Hyde, seconded by Councilman Hobel
special meeting and unanimously carried by those present that a special
Council meeting be scheduled for Saturday, April 1 for the
purpose of considering, for planning purposes, budget con-
siderations for the next fiscal year.
Motion to start It was moved by Councilman Scott and seconded by Councilman
at 6:30 a.m. Hobel that on April 1, the meeting start at 6:50 a.m.
Time changed Councilman Scott changed his motion to state that the
meeting start at 7:50 a.m. in the public interest. Council-
man Hobel agreed as the second.
Motion carried The motion, as changed, carried unanimously by those present.
30. REPORT ON REQUEST FOR The Council requested that staff and the Parks and Recrea-
EXTENSION OF WAIVER OF tion Commission consider the request of the South Bay
FEES - SOUTH BAY FILIPINO Filipino American Community Association for waiver of fees
AMERICAN COMMUNITY to conduct bingo games at the Loma Verde Recreation Center.
ASSOCIATION, INC.
After bearingapresentationby Mr. A1Manese, Chairman of
the Bingo Committee of the Association, and a report from
staff, the Commission on March 1, 1978 voted to recommend
that the request for waiver of fees be denied.
A1Manese Mr. Manese discussed the low turnout at their Bingo games
1366 Monterey Court and the need for an additional extension of the waiver of
Chula Vista the fees in order for the organization to meet its financial
obligations. Mr. Manese cited the two dance groups (Calico
and HoeDowners) who use the facility at no cost.
Director of Parks and Recreation Hall explained that the
dance groups fall into the #2 category: a corrolated group -
community service oriented for the purpose of recreation
and furthering community leisure programs. Mr. Hall re-
marked that being in the group #2 category, the City absorbs
all costs and some leadership costs that might incur.
He added that if Mr. Manese wishes to approach the Parks
and Recreation Commission to be considered as a group #2,
it would mean a change in the City's policy away from things
the City sponsors, such as softball, games, aquatic associa-
tion, square dances, arts & crafts, etc., and consideration
that will have to be given to having the City co-sponsor
Bingo games.
Motion to grant extension It was moved by Councilman Hobel, seconded by Mayor tiyde
and unanimously carried by those present that the three-
month extension of waiver of fees for the South Bay Filipino
Association be granted.
31. REPORT ON ESTABLISHING The Council referred a request to staff from Woodrow W.
CHULA VISTA TRANSIT Judkins of 285 Woodlawn Avenue, to investigate the possibi-
LOADING POINT AT lity of providing bus service in front of the Public Works
WOODLAWN AVENUE AND Center at 707 "F" Street. No Chula Vista Transit bus route
"F" STREET serves this part of Woodlawn Avenue, but all buses do travel
to and from this location once daily during the shift change
which occurs between 1:45 and 2:15 p.m.
Because there are several apartment complexes in the im-
mediate vicinity of this area on "F" Street where potential
riders live, staff recommended that a loading point for
boarding be established at the west side of Woodlawn Avenue
at "F" Street, with the service to be available only following
the shift change at 2:15 p.m. for the convenience of the
area residents.
City Council Meeting -13- March 14, 1978
Motion to accept report It was moved by Councilman Cox, seconded by Councilman
Scott and unanimously carried by those present that the
staff's report be accepted.
32. This item was deleted from the agenda.
MAYOR'S REPORT
Letter from Alan Hughes Mayor Hyde referred to the letter received from Alan Hughes,
re sewer problem 185 Theresa Way, noting the fine work done by the City staff
in solving his drainage problems. Mayor Hyde complimented
the staff on this action.
Police praised Mayor Hyde said he attended a meeting of the Town Centre
Business and Professional Association where considerable
amount of appreciation was expressed for the work done by
the Police Department during the emergency power outage.
Jarvis/Gann Initiative Mayor Hyde indicated that no official action has been taken
by the Council on the Jarvis/Gann amendment and asked that
consideration be given to taking a Council stand on this
issue in the near future.
League of Cities meeting The monthly League of Cities meeting will be held at the
Miramar Naval Air Station on Thursday, March 16, 1978 with
the City of Lemon Grove as host city.
COUNCIL CO~{qENTS
Vandalism Ordinance In answer to Councilman Scott's query, City Manager Cole
stated he has received no further reports on the vandalism
occurring at the bayfront. He will submit an updated report
to the Council at the next meeting.
Director of Parks and Recreation Hall said that he was
directed to prepare a report every three months.
South Bay Transit Councilman Scott asked if any contact was made with officials
at National City to explore the possibility of a South Bay
Transit system. City Manager Cole indicated he is trying
to contact the City Manager, Mr. Harry Gill.
Washington Trip - Councilman Cox discussed the recent trip to Washington to
Tree Survey attend the National League of Cities Conference. He con-
ducted a random survey of the representatives present from
all the states asking what tree comes to mind when they
think of Southern California. The survey revealed that 3
out of 5 thought of palm trees, and following that, the
eucalyptus, avocado and lemon trees were mentioned.
33. CONSIDERATION OF PROPOSED Mayor Hyde noted that Section 300 does not contain the
CHARTER CHANGES (HOUSE- language as voted upon by the electors. City Attorney
KEEPING MEASURES) Lindberg explained that this was a typing error and will
(Continued from 2/23/78) be corrected when the Charter is re-printed.
RE-NUMBERING OF SECTIONS Mayor Hyde proposed that the Charter Review Committee's
proposal of re-numbering the various Sections be accepted.
The Council concurred.
City Council Meeting -14- March 14, 1978
ARTICLE I - It was moved by Mayor Hyde, seconded by Councilman Cox and
INCORPORATION AND unanimously carried by those present that Article I be
SUCCESSION accepted as proposed by the Charter Review Committee.
ARTICLE II - It was moved by Mayor Hyde, seconded by Councilman Hobel
POWERS and unanimously carried by those present that Article II
be accepted as proposed by the Charter Review Committee.
ARTICLE Ill - Councilman Scott spoke against the proposal establishing
CITY COUNCIL the plurality requirements for election of either Council
Section 300 - Members, or Mayor - that they must receive either a majority vote
Eligibility and Terms or a plurality vote with a margin of at least 25% of the
votes cast in excess of the next highest number of votes
cast for a candidate to be elected.
Motion to adopt It was moved by Mayor Hyde that the language as written
language as written by the City Attorney (for the plurality vote) be accepted.
No second to motion The motion died for lack of second.
Motion not to change It was moved by Councilman Scott and seconded by Councilman
present majority Cox that the Council delete that (language as written by
requirement the City Attorney and proposed by the Charter Review Com-
mittee) and substitute the language in the present Charter -
leave it alone.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen 8cott~ Cox, Hobe]
Noes: Mayor Hyde
Absent: Councilman Egdahl
Motion to approve It was moved by Councilman Hobel, seconded by Mayor Hyde
Section 300 as amended and unanimously carried by those present that Section 300
be approved, as amended.
ARTICLE IV - It was moved by Mayor Hyde, seconded by Councilman Scott
CITY MANAGER and unanimously carried by those present that Article IV
be accepted as proposed by the Charter Review Committee.
ARTICLE V - It was moved by Councilman Cox, seconded by Councilman
OFFICERS AND EMPLOYEES Scott and unanimously carried by those present that
Article V be accepted as proposed by the Charter Review
Committee.
ARTICLE VI -
APPOINTIVE BOARDS It was moved by Councilman Hobel, seconded by Mayor Hyde
AND COMMISSIONS and unanimously carried by those present that Article VI
be accepted as proposed by the Charter Review Committee.
ARTICLE VII - It was moved by Councilman Hobel, seconded by Mayor Hyde
WATER DEPARTMENT and unanimously carried by those present that Article VII
be accepted as proposed by the Charter Review Committee.
ARTICLE VIII - The Council discussed Section 803 - "Rule of Three" - whereby
CIVIL SERVICE department heads are given the names of three certified
people to choose from to fill a vacancy in the department.
Councilman Scott noted that this proposition was on the
last election ballot and felt that the City should get the
support of the opponents before placing the issue again
on this ballot.
City Council Meeting -15- March 14, 1978
Motion to delete It was moved by Councilman Scott, seconded by Councilman
Section 803 Hobel and unanimously carried by those present that it
(Section 803) be deleted from Article VIII and also that
we (the Council and staff) make some effort to convince
the various employee groups of the wisdom of this so that
they don't feel threatened, and then at that time, bring
it back.
Motion to approve It was moved by Councilman Hobel, seconded by Councilman
Article VIII as Scott and unanimously carried by those present to approve
amended Article VIII,as amended, and as recommended by the Charter
Review Committee.
ARTICLE IX - It was moved by Councilman Scott, seconded by Councilman
RETIREMENT Hobel and unanimously carried by those present to approve
Article IX as recommended by the Charter Review Committee.
ARTICLE X - City Attorney Lindberg explained that Section 1000 contains
ELECTION the language that the election for Councilmembers shall be
the general municipal election as directed by the legislature
for general law cities in the even-numbered years and pro-
viding for a run-off election. For the Mayor, that person
would still be elected in the odd-numbered year unless the
legislature changes the date for the election for the Board
of Trustees of school districts, as they are presently
regulated by the legislature, in which case the Mayor's
election would then coincide with the Council's election
in the even-numbered years. The Mayor elected in 1977
would hold office until 1981 or, if changed, then the date
set by the legislature in 1982.
Councilman Cox felt that instead of contemplating a possible
change through legislative action in Sacramento, the Council
should make its own determination here at this time.
Motion to approve It was moved by Councilman Hobel and seconded by Mayor Hyde
Article X that Article X be approved as recommended by the Charter
Review Committee.
Discussion Mayor Hyde noted the specific dates in the Section stating
that it was conceivable that the dates were specified because
of the possibility that the legislature would change the
election dates in the reasonably near £uture. However, if
they don't act within 5 years, then the dates would not be
applicable. Mayor Hyde suggested the language be changed.
Councilman Scott suggested the language read: "After such
law is passed, the next election term of office for the
Mayor shall be five years."
Motion amended It was moved by Councilman Hobel, seconded by Mayor Hyde
and unanimously carried by those present that the City
Attorney be directed to write the appropriate language and
bring it back before the Council.
Motion as The motion to accept Article X as amended carried unanimously
amended carried by those present.
ARTICLE XI It was moved by Mayor Hyde, seconded by Councilman Hobel
FISCAL ADMINISTRATION and unanimously carried by those present to accept Article
XI as recommended by the Charter Review Committee.
City Council Meeting -16- March 14, 1978
ARTICLE XII - It was moved by Mayor Hyde, seconded by Councilman Hobel
BOARD OF EDUCATION and unanimously carried by those present to accept Article
XII as recommended by the Charter Review Committee.
ARTICLE XIII - It was moved by Mayor Hyde, seconded by Councilman Hobel
CITY COURT and unanimously carried by those present to accept Article
XIII as recommended by the Charter Review Committee.
ARTICLE XIV - It was moved by Councilman Cox, seconded by Councilman
FRANCHISES Hobel and unanimously carried by those present to accept
Article XIV as recommended by the Charter Review Committee.
ARTICLE XV - It was moved by Councilman Cox, seconded by Councilman
MISCELLANEOUS Hobel and unanimously carried by those present to accept
Article XV as recommended by the Charter Review Committee.
MOTION FOR INDEX It was moved by Councilman Cox, seconded by Councilman
Hobel and unanimously carried by those present that there
be in an index in front and in back of the Charter manual
and that it be re-numbered.
Motion for Historical It was moved by Councilman Scott, seconded by Councilman
Synopsis Cox and unanimously carried by those present that there
be a brief "Historical Synopsis" of the major deletions
and re-numbering.
Appreciation to Committee On behalf of the City Council, Mayor Hyde expressed gratitude
and thanks to the Committee for their long and hard work
on this project.
Motion for resolution It was moved by Councilman Scott, seconded by Mayor Hyde
and letter and unanimously carried by those present that a resolution
be brought forward commending the Charter Review Committee
for their work and also a letter from the Mayor to each
of the members who served during the last two years, who
provided input and work commending their work and discharging
their duties.
ADJOURNMENT Mayor Hyde adjourned the meeting at 9:48 p.m. to the regular
meeting scheduled for Tuesday, March 21, 1978 at 7:00 p.m.
in the Council Chambers, City Hall.
CIT"/ CLERK
Deputy City Clerk