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HomeMy WebLinkAboutcc min 1977/10/04 MINUTES OF A~REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 4, 1977 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 Councilmen absent: Councilman Egdahl Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Director of Public Works Robens, Assistant Director of Public Works Lippitt, Director of Parks and Recreation Hall, Deputy City Manager Wittenberg 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 carried by a vote of 3 - 1 that the minutes of the meetings of September 15, 20 and 22, 1977 be approved, copies having been sent to each Councilman. Mayor Hyde abstained as he was not present at the meetings. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF (Mr. Marzo was unable to attend the meeting.) COUNCIL GUEST - TOM MARZO b. PRESENTATION OF Mayor Hyde presented a 20-year service certificate and 20-YEAR SERVICE pin to Mr. William (Bill) Gaines, currently employed AWARD TO as an Engineering Technician in the Public Works Depart- WILLIAM F. GAINES mont. Mayor Hyde offered personal congratulations and commendation of the Council. ORAL COMMUNICATIONS Ms. Kay Grant, owner Ms. Grant said she has attempted to upgrade the building Smitty's Tavern to make it unique and attractive. She described a model 119 Broadway horse that has been placed as a decoration on the roof Chula Vista of the Tavern and stated that the City has asked that the statue be removed. She asked permission to retain the decorative model. Model horse does In answer to queries from the Council, Director of not conform to Planning Peterson explained that a complaint had been zoning ordinance received and upon investigation, it was determined that the model horse on the roof does not conform to the zoning ordinance. The ordinance requires 100 feet of property frontage and 50 feet of building frontage to qualify for a roof-top sign or "pictorial represen- tation, symbol, banner or other figure" as defined in the ordinance to "identify or call attention to" the establishment. He said the property does not meet either qualification. City Council Meeting -2- October 4, 1977 Suggestion for Mayor Hyde commented that the proper procedure, if variance Ms. Grant wished to obtain an exception from the ordinance, would be for her to contact the Planning Department and request a variance if she so desired, and the staff could explain the procedure to her. Jean Goodvin Ms. Goodvin said it was her understanding that the City C. C. Goodvin Realty is planning a concrete barrier between "H" and "I" on 561 Third Avenue Third Avenue. She questioned this construction as Chula Vista being an undue hardship on the business and professional people on the block if no turn lane is permitted. She also suggested that a parking district be formed if parking is eliminated on Third Avenue. South County Regional Director of Public Works Robens reported that the staff Center improvements will be meeting with the County to discuss the improve- to be discussed with ments that are proposed in connection with the South the County staff County Regional Center, which include a concrete median on a portion of the street - but not on the entire street, He said there is no intent to eliminate parking on the east side of the street at this time. Ms. Goodvin to In answer to a question from Ms. Goodvin regarding be notified of notification of property owners, Mr. Robens said he meeting date will notify her of the time and place of the staff meeting with the County concerning the street improve- ments. 3. WRITTEN COMMUNICATIONS a. RECO~ENDATIONS The Chula Vista Tennis Club expressed its strong support REGARDING TENNIS of the City's tennis program and made three recommenda- FACILITY, 900 tions concerning the tennis facility located at 900 0TAY LAKES ROAD 0tay Lakes Road: (1) to engage a "Pro" or program coordinator to manage the efficient use of the courts and to maintain the courts and club house in a good state of repair; (2) to actively pursue the construc- tion of four additional lighted courts to the tennis center; and (3) to take whatever steps the City can to assist Southwestern College in lighting the ten College COUrtS. Motion to refer to It was moved by Councilman Scott, seconded by Mayor staff for consideration Hyde and unanimously carried by those present that the staff recommendation be accepted to refer this to staff for consideration. b. REQUEST FOR WITH- Attorney William J. Bauer, representing the Chula Vista DRAWAL OF POSITION Firefighters Local 2180, submitted a request that the ANNOUNCEMENT FOR City withdraw the announced employment opportunity for FIRE INSPECTOR a fire prevention specialist (fire inspector), stating this position would not be part of the fire service of the City and was in violation of the terms and working conditions of the firemen's association. It was re- quested that the position be restored as a fireman's position with promotional opportunities for members of the Fire Department. Motion to refer to staff It was moved by Councilman Cox~ seconded by Mayor Hyde and unanimously carried by those present that this be referred to staff. Report to be made In answer to a query from Councilman Hobel, City Manager next week (10/11/77) Cole said the staff will be back next week with a report. City Council Meeting -3- October 4, 1977 PUBLIC HEARINGS AND RELATED RESOLUTION AND ORDINANCE 4. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde VACATION OF M~K^TO opened the public hearing. BETWEEN THIRD AND GARRETT AVENUES On June 8, 1977 Project Design Consultants, on behalf of the County of San Diego, submitted a request for the City to vacate Mankato Street between Third Avenue and Garrett Avenue - the portion of Mankato which lies within the project area for the proposed South Bay Regional Court Facility. In order to proceed with this project, Mankato Street must be vacated. Staff report outlines Director of Public Works Robens said that the vacation reasons for approval is a requirement discussed in the Environmental Impact of vacation Report for the Court Facility and the Report indicates that the vacation will have a negligible effect on the circulation pattern in the area. He referred to the staff report forwarded to the Council (copy of which is on file in the City Clerk's office) indicating the reasons for approval of the vacation. He also stated that the easements required by the utility companies will be handled by the staff and will be brought to the Council at a later time. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Motion for resolution It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried by those present that a resolution be brought back ordering the vacation. 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF CH/kNGE opened the public hearing. OF ZONE FOR 3.18 ACRES OF PROPERTY LOCATED ON The City received an application for a zone change for THE SOUTHWEST SIDE OF 2.00 acres located on the southwesterly side of Otay OTAY LAKES ROAD, NORTH Lakes Road, approximately 1450 feet north of East OF EAST "H" STREET "H" Street and south of the SDG&E easement, from C-O-P to C-C-P. The staff included an additional 1.18 acres of R-3 zoned property located adjacent to and north of the applicant's property in the rezoning consideration. Director of Planning Peterson said that in reviewing the application, the staff concluded that this area is over-zoned for retail commercial use and recommended that the request for rezoning from C-O-P to C-C-P be denied and that the triangular parcel to the north be rezoned from R-E to C-O-P as the residential estate zoning is inappropriate. He said that staff felt whatever zoning is designated, this property should be included. On September 14, 1977 the Planning Commission certified the Negative Declaration IS-78-15, denied the request for the rezoning of the 2.00 acres from C-O-P to C-C-P, and recommended approval of the rezoning of the 1.18 acres from R-E to C-O-P in accordance with their Resolution PCZ-78-D. City Council Meeting -4- October 4, 1977 Glenn Ashwill Mr. Ashwill said he was unable to attend the Planning 255 Camino del Cerro Grande Commission meeting and that the co-owner of the property, Chula Vista Mr. Norman, was out of town at the time. He stated they felt the Planning Commission might have taken a different position if they had been given all the facts at their hearing, but the staff did not have all the information. He explained the recent purchase of approximately 10 acres in the area by the Par Construction Company and said they have proceeded with plans for a compatible commercial development; and that plans are also still being explored for a commercial office facility. He asked that the Council favorably consider rezoning the 2.00 acres of property C-O-P to C-C-P. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Concern regarding notice City Attorney Lindberg expressed his concern regarding of public hearing the wording of the Notice of Public Hearing for con- sideration of the rezoning of 1.18 acres from R-E to C-O-P. He said the Council could not take action at this time to move toward a more intensified commercial use of this area. Suggestion to re-advertise In answer to a query from Mayor Hyde as to what the public hearing Council can do to have the additional option of having the triangular parcel (1.18 acres) also be potentially suitable for C-C-P zoning, City Attorney Lindberg sa~d the hearing would have to be re-advertised before the Planning Commission. Motion to take no It was moved by Councilman Scott, and seconded by action and re-advertise Councilman Hobel that the Council take no action on this and that the matter be re-advertised as stated by the City Attorney. Council discussion The Council and staff discussion ensued and it was determined that the primary interest of the property owner was to rezone the 2.00 acres from C-O-P to C-C-P. The Council concurred that whatever zoning is designated should be designated for the entire area being considered and that to save time, action could be taken on the 2.00 acres and the zoning on the triangular parcel of 1.18 acres could be considered separately at a later time. Motion withdrawn Councilman Scott withdrew his motion. Councilman Hobel agreed as the second. Mayor Hyde clarified that the Council will now proceed to consider action with regard to the 2.00 acres and the request for the zone change from C-O-P to C-C-P. Council discussion The Council and staff discussed the various commercial developments in the area (e.g. Southwestern College area) multiple-family development on part of the property zoned C-C-P, and the broad range of retail commercial uses allowed in the C-C-P zone. Motion to rezone It was moved by Councilman Scott, seconded by Councilman 2.00 acres to C-C-P Hobel and unanimously carried by those present that the property (2.00 acres) be zoned C-C-P and that an ordinance be brought back to the Council. City Council Meeting -5- October 4, 1977 Sa. ORDINPJqCE - The Council concurred that no action be taken on this AMENDING ZONING MAP ordinance. OR MAPS ESTABLISHED BY SECTION 19.18.010 It was moved by Mayor Hyde, seconded by Councilman OF THE CHULA VISTA Scott and unanimously carried by those present that MUNICIPAL CODE, RE- the staff be directed to initiate proceedings to ZONING PROPERTY LOCATED rezone - and refer to the Planning Commission - the ON THE SOUTHWEST SIDE proposal for change of zoning for the (1.18) parcel OF OTAY LAKES ROAD, designated R-E to C-C-P. ADJACENT TO THE SDG&E EASEMENT FROM R-E TO C-O-P, AND CERTIFYING THE NEGATIVE DECLARATION 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing. PLPJq FOR C)JqYON PLAZA SHOPPING CENTER AT The applicant requested approval of a precise plan for TELEGRAPH CANYON ROAD the development of Phase I of a retail shopping center AND HALECREST IN C-C-P located on 11.2 acres of land on the north side of ZONE (Continued from Telegraph Canyon Road between Halecrest and Crest Drive 9/13/77) in the C-C-P zone. On August 24, 1977 the Planning Commission adopted Supplemental EIR-74-3 for the development project and recommended approval of the precise plan in accordance with their Resolution PCM-78-4. Director of Planning Peterson said the proposal involves construction of a center in two phases. He described the various potential tenants under Phase I and Phase II. He also described the slope bank, the channel, access points, grading, landscaping, fencing, and architectural treatment. He said the applicant was in agreement with the conditions of approval as recommended by the Planning Commission with the exception of the condition limiting the number of freestanding signs to one sign. Additional condition Mr. Peterson said one condition omitted by an oversight of approval recommended but recommended by the staff was the addition of condi- by staff tion No. 18 to the Planning Commission Resolution PCM-78-4 to read: The developer shall construct a five foot wide P.C.C. sidewalk along the entire Halecrest Drive frontage of the project. Said sidewalk shall be located immediately adjacent to the existing curb. Mr. Peterson said the applicant was agreeable to this additional condition. Council discussion Council discussion ensued with staff concerning the entrances to the center, left turns into the center, traffic signals in the vicinity, traffic patterns, provision for a bicycle path on Telegraph Canyon Road, and safe pedestrian access to the center. Discussion also included adequate screening of the loading dock on the north side of the development from the adjacent residential area. Gilbert Dreyfuss Mr. Dreyfuss said he was one of the general partners 333 So. Hope Street of Canyon Plaza Ltd., the applicant. He commented on Los Angeles 90071 (1) the landscaping divider between the existing service (Canyon Plaza Ltd.) station and the center; (2) the shielded loading dock visibility; (3) the agreement with the shop owners to maintain their loading docks in proper order; (4) adequate pedestrian access to be provided; (5) grading under Phase I and Phase II; and (6) all permanent landscaping to be done under Phase I. City Council Meeting -6- October 4, 1977 Additional sign Mr. Dreyfuss asked Council consideration for a second requested sign to be used exclusively for the proposed bank behind the service station and said the additional sign would help to control traffic movement in and out of the center. He also described their request for signs under Phase II, and stated they will install the entire permanent wall from Halecrest to Crest Drive in Phase I. Ms. Ann Holton Ms. Holton referred to the Supplemental EIR-74-3 re- 592 Douglas garding the enforcement of local and state statutes Chula Vista controlling noise sources and that the shopping center was to operate only during day and evening hours. She asked that if the project is approved, that these provi- sions be enforced by the Council. She also asked that cars coming from the west on Telegraph Canyon Road entering the center by making a left turn also be permitted to exit at the same place and make a left turn to continue east. Public hearing closed There being no further comments, either for or against, the public hearing was closed. Motion for additional It was moved by Mayor Hyde, seconded by Councilman condition of approval- Hobel and unanimously carried by those present that marked pedestrian access an additional item be added to the proposed resolution - that a clearly identified pedestrian access from Halecrest Drive into the center be provided. Councilman Scott expressed his concern regarding the open drainage ditch in front of the shopping center and the limited access. Concern regarding In answer to a question from Mayor Hyde regarding loading dock area adequate visual protection for the loading area, Director of Planning Peterson said that the present ordinance has adequate controls to regulate the storage of trash, but the loading dock could be handled as an additional condition. Motion for condition It was moved by Mayor Hyde and seconded by Councilman regarding design of Cox that as an additional condition that the design loading dock for the loading operations be subject to staff approval. Motion clarified Mayor Hyde clarified the motion stating that it is for the developer and staff to review the manner in which the loading dock operates and make sure that it will not create an unsightly appearance on the north side of the project. Substitute motion It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried by those present that the rear - north side - of the shopping center be designed in such a way that it will be compatible with the residences on the north side of the property. Motion to approve It was moved by Councilman Hobel and seconded by Council- request for additional man Cox that the applicant be granted the two signs sign under the conditions of height in the present signing ordinance. Council discussion Council discussion followed concerning the policy regarding signs in neighborhood areas, signing needs of the center, and that if it is demonstrated the sign is needed, it can be added at a later date. City Council Meeting -7- October 4, 1977 Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Hobel, Cox NOES: Mayor Hyde, Councilman Scott Absent: Councilman Egdahl 6a. RESOLUTION NO. 8828 - Offered by Councilman Cox, as amended, the reading of APPROVING PRECISE PLAN the text was waived by unanimous consent of those FOR CANYON PLAZA SHOPPING present, passed and adopted by the following vote, to-wit: CENTER AND CERTIFYING THE ENVIRONMENTAL IMPACT AYES: Councilmen Cox, Hyde, Hobel REPORT Noes: Councilman Scott Absent: Councilman Egdahl CONSENT CALENDAR It was moved by Councilman Scott, seconded by Mayor (Items 7 - 11) Hyde and unanimously carried by those present that the Consent Calendar be approved and adopted. 7. RESOLUTION NO. 8829 - The Agreement for~Public Health Services between the AUTHORIZING THE SAN City and the County (Resolution No. 1389) makes provi- DIEGO COUNTY DIRECTOR OF sions for County enforcement of certain City ordinances PUBLIC HEALTH TO ENFORCE related to public health. The primary qualification THE PROVISIONS OF being that the City ordinance must impose the same ORDINANCE NO. 1767 regulatory and penal provisions on incorporated territory RELATING TO HEALTH within the City as does the related County ordinance PERMIT FEES upon unincorporated territory. Adoption of this resolution will be in conformity with the provisions of the Agreement for Public Health Services. 8. RESOLUTION NO. 8830 - On May 27, 1959 Mylo Construction Company, developer ACCEPTING LOT "E" IN of Mylo Ocean View Estates Unit No. 1, dedicated Lot "E" MYLO OCEAN VIEW ESTATES on the final map for street purposes to the City. The UNIT NO. 1 SUBDIVISION City Council approved the final map and rejected the AND DEDICATING AS EAST offer of dedication for Lot "E"; however, the offer of ONEIDA STREET dedication remains open and may be accepted by the City at any date in the future. Subsequent to the recordation of the final map, East Oneida Street has been fully improved to City standards and it is therefore appro- priate at this time for the Council to accept the offer of dedication for Lot "E". 9. RESOLUTION NO. 8831 - On March 15, 1977 the Council accepted two easements ACCEPTING GRANT OF for street purposes and an easement for street tree EASEMENT FROM HENRY F. purposes from Henry and Agnes Jahn (Resolution No. 8533). AND AGNES L. JAHN FOR The original document granting the right of way for STREET PURPOSES Las Flores Drive north of "D" Street was misplaced or lost. On September 14, 1977 Mr. and Mrs. Jahn executed an easement granting from 14 to 45 feet of right of way along Las Flores Drive for street purposes. 10. RESOLUTION NO. 8832 - The Municipal Code requires that needed right of way ACCEPTING, DEDICATING and public improvements be guaranteed and constructed AND NAMING CERTAIN REAL as a condition of issuing a building permit. Mr. and PROPERTY IN THE CITY FOR Mrs. Marvin L. Irvine, Jr. applied for a building STREET AND HIGHWAY permit to construct apartment units at 359 Brightwood PURPOSES LOCATED AT Avenue and an additional three feet of right of way is 359 BRIGHTWOOD AVENUE required to construct the sidewalk fronting the property. On September 16, 1977 Mr. and Mrs. Irvine executed the necessary grant of easement for sidewalk purposes. City Council Meeting -8- October 4, 1977 11. RESOLUTION NO. 8833 - The Carver Corporation has completed the construction ACCEPTING PUBLIC of the project awarded by Council Resolution No. 8638. IMPROVEMENTS - BROADWAY A final inspection was made on September 15, 1977 and STORM DRAIN - "J" STREET all work was found to be completed in accordance with TO "K" STREET the contract documents and to the satisfaction of the Director of Public Works. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCE, FIRST READING 12. RESOLUTION NO. 8834 - Provision of sewer service to the recently approved APPROVING AGREEMENT Bonita Ridge Subdivision Unit No. 2 involved construc- BETWEEN THE CITY OF tion of off-site sewer in Acacia Avenue and Palm Drive CHULA VISTA AND to an eventual connection to the Spring Valley Outfall SPRING VALLEY SANITA- Sewer. In order to provide proper maintenance and TION DISTRICT PROVIDING control of the off-site portions of the sewer in unin- FOR THE USE, MAINTENANCE corporated territory, it is necessary that formal AND OPERATION OF A agreement be reached with the County and/or the Spring SEWER IN ACACIA AVENUE Valley Sanitation District. The agreement allows AND PALM DRIVE AND connection of properties within both jurisdictions and AUTHORIZING THE MAYOR sets forth the maintenance and operation responsibilities TO EXECUTE SAID of the City and the Sanitation District. AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott Noes: None Absent: Councilman Egdahl 13. RESOLUTION NO. 8839 - One of the conditions of approval of the final map for REQUESTING THAT THE Hollday Estates Unit No. 6 Subdivision was that the OFFICE OF THE COUNTY developer improve and dedicate Lots 368 and 383 as TAX COLLECTOR PREPARE park sites. It has recently been brought to the AN AGREEMENT TO PURCHASE attention of the Engineering staff that the developer, CERTAIN REAL PROPERTY Jafro, Inc., never dedicated these lots to the City. IN THE CITY OF CHULA On August 19, 1977 the City received a notice of VISTA (PARCEL 623-341-50) intent from the County Tax Collector to deed certain properties within the City to the State for unpaid back taxes, including Lot 368 (Parcel 623-341-30). This tot was improved as a park site, accepted by the Council, and has been maintained as a park site by the City for the past five years. Parcels deeded to the State are eligible for sale to the City and staff is recommending that the City purchase Lot 368 from the State. Staff has contacted Jafro, Inc., with regard to the conveyance of Lots 368 and 383 and they have indicated they will execute a quitclaim deed, quitclaiming any interest they have in these lots to the City. Check list for In answer to a query from Mayor Hyde as to whether final maps procedures have been established to preclude this kind of thihg happening again, Director of Public Works Robans said these lots are dedicated on the final map and staff has a check list which includes approximately 200 items. City Council Meeting -9- October 4, 1977 Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Hobel, Cox Noes: None Absent: Councilman Egdahl 14. RESOLUTION NO. 8835 - Helix Land Company and Helix 1960-Inc., the owner of APPROVING AN UNCRONTROLLED Assessor's Parcel Map No. 642-020-21 in the 1400 block EMBANKMENT AGREEMENT BE- of East "H" Street, have applied for an Uncontrolled TWEEN THE CITY OF CHULA Embankment Permit to stockpile approximately 4,000 VISTA AND HELIX LAND cubic yards of dirt on the parcel. As required by the COMPANY AND HELIX City Code, they have executed an agreement for land 1960-INC. AND development for uncontrolled embankment. AUTHORIZING THE MAYOR TO EXECUTE SAME Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott Noes: None Absent: Councilman Egdahl 15. RESOLUTION NO. 8836 - The Comprehensive Employment and Training Act (CETA) ACCEPTING BIDS AND provides funds for the leasing of equipment to be used AWARDING CONTRACTS in the training of public service employment participants. FOR LEASE OF TRUCKS Bids were received on September 19, 1977 for leasing the following trucks in support of the CETA program: (1) two compact pickup trucks; (2) one six-passenger four door crew cab; and (3) one four-wheel drive 3/4 ton pickup truck. Staff recommended that the bids be accepted and contract awarded to Courtesy Chevrolet for Item 1 and to PHD Corporation for Items 2 and 3 for a 12-month period, with the option to renew lease or purchase the vehicles at the end of the contract periods. Resolution o££¢rcd Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the Following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott Noes: None Absent: Councilman Egdahl 16. RESOLUTION NO. 8837 - Bids were received on September 14, 1977 for the purchase ACCEPTING BIDS AND of grounds maintenance equipment provided for in the AWARDING CONTRACTS 1977-78 budget. FOR GROUNDS MAINTENANCE EQUIPMENT Staff recommended that the bids be accepted and contract awarded to low bidders as £ollows: Chula Vista Lawnmower Company for three items; B. Hayman Company Inc., for five items; and Pacific Turf for two items. No bids were received on the line marker and this item will be purchased on the open market. City Council Meeting -10- October 4, 1977 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hebel, Cox, Hyde, Scott Noes: None Absent: Councilman Egdahl 17. RESOLUTION NO. 8838 - Bids were received for one 4-wheel drive diesel powered ACCEPTING BIDS AND articulated loader and one tractor/loader provided for AWARDING CONTRACT FOR in the 1977-78 budget. ONE ARTICULATED LOADER AND ONE TRACTOR/LOADER Staff recommended that the bids be accepted and the contract awarded to Case Power and Equipment for one (1) Case Model W14H Loader and one (1) Case Model 480C Tractor/Loader. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott Noes: None Absent: Councilman Egdahl UNANIMOUS CONSENT ITEM 17-A. RESOLUTION NO. 8840 - It has been determined that the City of San Diego DETERMINING THAT THE asserts a right, title and interest in a water utility DIVISION AND DEVELOP- right of way being a portion of E1 Rancho del Rey Unit MENT OF EL RANCHO DEL No. 5 Subdivision. Safeco Title Company will present REY WILL NOT UN- an indemnification agreement to the City Council of REASONABLY INTERFERE Chula Vista at the time of approval of the final map WITH THE FREE AND guaranteeing that all right, title and interest of COMPLETE EXERCISE the City of San Diego will be acquired by the developer. OF THE PUBLIC This resolution provides that the signature of the City ENTITY OR PUBLIC of San Diego may be omitted on the final map subject to RIGHT OF WAY EASEMENT the provisions of Section 66436 of the State Sub- division Map Act. 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 18. ORDINANCE NO. 1768 - On July 19, 1977 the City Council approved a recom- AMENDING SECTION mendation by the Safety Commission and staff to 12.32.150 OF THE require private property owners to trim their trees CHULA VISTA MUNICIPAL which overhang public sidewalks. The Code presently CODE RELATING TO requires the trimming of trees to a distance of eight TRIMMING REGULATIONS feet above the public highways, and this amendment OVER CITY SIDEWALKS - merely clarifies that section by adding the words FIRST READING "public sidewalk." Ordinance placed on It was moved by Councilman Cox that this ordinance be first reading placed on its first reading and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Hobel Noes: None Absent: Councilman Egdahl City Council Meeting -11- October 4, 1977 CONTINUED MATTER AND SECOND READING OF ORDINANCE 19. ORDINANCE NO. 1767 - The ordinance brings the ~nicipal Code into conformance AMENDING SECTION 8.08.080 with the County Code of Regulatory Ordinances, which AND ADDING A NEW SECTION provides for year-round renewal of public health permits. 8.08.082 OF THE CHULA The amendments have been requested by the County VISTA MUNICIPAL CODE Department of Public Health and will be enforced by RELATING TO HEALTH them. PERMIT FEES - SECOND READING AND ADOFTION The ordinance was placed on first reading on September 20, 1977. Ordinance placed on It was moved by Councilman Scott that this ordinance be 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 20. REPORTS OF THE CITY MANAGER REPORT ON BIDS FOR City Manager Cole reported that bids have been advertised CIVIC CENTER RENOVATION for the renovation of the Civic Center; however, only three contractors have responded. He said it is proposed to extend the bid process two weeks which will not change the overall schedule. a. REPORT ON REQUEST At the City Council meeting of July 19, 1977 staff was FOR PROPOSAL REGARDING directed to prepare (1) a prioritized list of departments AN OPERATIONS REVIEW which would be the subject of operations reviews PROGRAM during the next four years, and (2) a draft Request for Proposal (RFP) for consultant services to conduct such a program. Mayor Hyde commented that this report will involve considerable Council discussion, and in view of the fact that there is not a full Council present, he suggested it would be appropriate to handle this matter at a regular adjourned Council meeting. Motion to continue It was moved by Mayor Hyde, seconded by Councilman Item 20a until 10/27/77 Hobel and unanimously carried by those present that this matter be continued until October 27, 1977 (Council Conference). City Attorney out of City Attorney Lindberg said he will not be present at town on October 20 and the meetings of October 20 and 27. He noted that the 27 - change suggested discussion of school fees is scheduled for the Council in Council Conference Conference on October 20 and he would prefer to be in scheduling attendance at that meeting. He suggested that this item be deferred until after November 3 and the City Manager's report on the Request for Proposal can be scheduled for October 20. Motion to reschedule It was moved by Mayor Hyde, seconded by Councilman the consideration of Scott and unanimously carried by those present that operations review the Council's previous action scheduling the considera- program to October 20 tion of the operations review program for October 27 be changed and rescheduled for October 20, 1977. City Council Meeting -12- October 4, 1977 Request for schedule Councilman Scott suggested that a schedule be prepared of Council Conferences and presented to the Council to indicate the changes in the Council Conferences. Motion to reschedule It was moved by Mayor Hyde, seconded by Councilman consideration of Scott and unanimously carried by those present that school fees to the adjourned meeting concerning school fees be November 10, 1977 scheduled for November 10, 1977. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 21. REPORT ON UNDER- On June 7, 1977 the Council directed staff to investigate GROUNDING OF 69K¥ the feasibility of undergrounding the sixty-nine thousand TRANSMISSION LINES volt transmission facilities located within the City. The results of the investigation are summarized in a report on file in the City Clerk's office. In his written report to the Council, Director of Public Works Robens said staff recommends that these transmis- sion facilities be included in the utilities under- grounding program and that they be undergrounded in conjunction with development in generally the same manner as are distribution facilities. This would require that the City Code be revised. Motion to accept report It was moved by Councilman Scott, seconded by Council- and prepare necessary man Hobel and unanimously carried by those present that code changes the report be accepted and that staff be directed to prepare code changes necessary for implementation of the recommendations. 22. REPORT ON STATUS OF In response to City Council directionj Director of CURB AND SIDEWALK Public Works Robens requested the County to participate INSTALLATION AT in the installation of curb and sidewalk improvements 505 HILLTOP DRIVE at 505 Hilltop Drive. (Southeast corner of the inter- section of East "H" Street and Hilltop Drive.) The County Director of Transportation has indicated he will recommend to the Board of Supervisors that the County participate on approximately an equal basis with the City for the project, provided that the City administer the contract and provide engineering services. In a written report Director of Public Works Robens said that when Hilltop Drive was widened, an offer was made to the property owners that if they would install the curb, gutter and sidewalk, the City would install the necessary retaining wall. Property owners on the east side of Hilltop Drive accepted the offer; however, Mr. Fry did not choose to do so at that time. Alternative No. 3 Staff has considered several alternatives and have recommended by staff recommended Alternative No. 3. That the City would use the Block Act District process for installation of the curb, gutter and sidewalk improvements. The City would need to get a "permit to enter" or a "temporary construction easement" from Mr. Fry for construction of the wall. Property is in the In answer to a query from Mayor Hyde, Mr. Robens said County-- right of that the property at 505 Hilltop is not in the City, way is in the City but the right of way is in the City. City Council Meeting -13- October 4, 1977 In answer to a question from Councilman Cox, Mr. Roberts said Alternative 3 is consistent with what was done with the other property owners. Lewis W. Fry Mr. Fry said he built the house 22 years ago and he S0S Hilltop Drive explained that he has incurred considerable expense Chula Vista and inconvenience since Hilltop Drive was widened, and also in the construction of East "H" Street. He described the loss of parking on the street, the need to relocate his carport and provide for offstreet parking, and he will still have to redesign his house. He said he felt he has spent enough money and that he should not have to put any more money into improvements on a street that does not affect him. Safety hazard Mayor Hyde commented on the serious safety hazard to pedestrians, particularly school children in this area. Motion to accept report It was moved by Councilman Cox and seconded by Mayor and implement Alternative Hyde that the staff report be accepted and implementa- No. 3 tion of Alternative 3 be authorized. Approximate cost of In answer to a query from Councilman Hobel concerning improvements - $400 the cost to Mr. Fry, Director of Public Works Robens said it is estimated the curb, gutter and sidewalk will be approximately $400. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott Noes: Councilman Hobel Absent: Councilman Egdahl 23. REPORT'ON STATUS OF In a written report, Director of Public Works Robens LIBRARY WATER SCULPTURE said that efforts to secure a new contractor have been discouraging to Ms. Katzer. To assist in reducing construction costs, staff proposes that City forces be employed to do the excavation and site preparation and all plumbing and electrical work at an estimated cost to Ms. Katzer for labor, material and equipment of $5,080. T. B. Penick and Sons have submitted a new bid of $5,500 for the concrete work, thus the total cost would be approximately $10,580. Decision of Ms. Katzer Mr. Robens said that Ms. Katzer discussed this with expected by end of week staff today and she indicated she will make a decision by the end of the week. Motion to accept report It was moved by Councilman Scott, seconded by Council- man Hobel and unanimously carried by those present that the report be accepted. 24. STATUS REPORT - In response to Council's request concerning the status "J" STREET MARINA of landscaping at the "J" Street Marina, Director of LANDSCAPING Parks and Recreation Hall said in a written report that the Chief Engineer for the San Diego Unified Port District has been contacted and he advised staff that this is high on the Port District's priority list and that accomplishment is expected in the near future. City Council Meeting -14- October 4, 1977 Staff has also been informed that the Port District is presently involved in the design for the extension of the passive park built by the City and completion of the plans is anticipated within the next 30 days, at which time they will be presented to the Coastal Com- mission for review. Also the Port District reinstalled and refurbished existing materials in the parking lot islands; City staff is working closely with Port District staff to insure the healthy growth of this plant material. Motion to accept report It was moved by Councilman Scott, seconded by Council- man Cox and unanimously carried by those present that the report be accepted. Rohr Corporation to Councilman Cox asked if there has been any response from be contacted again Rohr Corporation regarding their screening off the chain regarding screening link fence on the south side of "J" Street. Director of work yard of Parks and Recreation Hall said he will check on this again. MAYOR'S REPORT Letter from Chief Mayor Hyde referred to a letter received from Mr. D. K. Administrative Officer - Speer, CAO of the County of San Diego, regarding the San Diego County - planned lease of a County Welfare Neighborhood Service re: Neighborhood Center. He noted that the letter described an area Service Center which includes almost all the City of Chula Vista as a region in which a Neighborhood Service Center would be located serving the South Bay area. Motion to refer to staff It was moved by Mayor Hyde and seconded by Councilman Cox that this matter be referred to staff to be examined to see whether or not the City Council would like to provide any input to the County with regard to the location of that Neighborhood Service Center. City Manager Cole said he had contacted County staff regarding this center and the City will received further notice when they have selected a site and the City will have an opportunity to provide input at that time. Motion carried The motion carried unanimously by those present. Letter from Jim Bates, Mayor Hyde called attention to a letter received from Board of Supervisors, Jim Bates, Chairman of the Board of Supervisors, making re: proposed convention a recommendation regarding the proposed convention center center program for the City of San Diego - that the County and satellite cities jointly finance the center. Mr. Bates suggested that the cities pledge 25% of their room tax toward the program. Motion to send letter It was moved by Councilman Scott, seconded by Council- advising the City is man Hobel and unanimously carried by those present not interested at this that a letter be sent to Mr. Bates stating that the time City is not interested at this time in helping finance the center. City Council Meeting -15- October 4, 1977 COUNCIL CO~4ENTS Recommendation of Councilman Cox reported on action taken by the Legisla- Legislative Committee tive Committee regarding the letters referred to the regarding repeal of Committee by the Council from the Mayor of San Diego the Hatch Act and the Mayor of Kansas City concerning legislation currently being considered in Washington, D.C. House Resolution 10 and Senate Resolution 80 - which would repeal the Hatch Act. This Act prohibits govern- ment employees from actively getting involved in political campaigns. The Legislative Committee recommended that the Hatch Act be upheld, and to oppose the two resolu- tions. Motion for letter It was moved by Councilman Cox, seconded by Councilman opposing repeal of Scott and unanimously carried by those present that the Hatch Act staff prepare a letter in opposition to any repeal of the Hatch Act. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:17 p.m. to the regular Council meeting scheduled for Tuesday, October 11, 1977 at 7:00 p.m. in the Council Chambers, City Hall. /Deputy City Clerk