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HomeMy WebLinkAboutcc min 1976/04/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday April 27, 1976 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 Chamber, City Hall, 276 Fourth Avenue with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hobel, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Cole, Assistant City Attorney Beam, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Director of Building and Housing Grady, Director of Parks and Recreation Hall, Chief of Police Winters, Assistant to the City Manager Wittenberg, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of ~he meetings of April 20 and 21, 1976 be approved, copies having been sent to each Councilman, with the following correction made to to the minutes of April 20: Page 16 - (Fourth paragraph) the word "contract" Should be "track" - the wording to read "... so that the two matters could track together in the event that no action is completed by June 1." 2. a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation saluting the KENTUCKY State of Kentucky. At the request of the Mayor, several people in the audience from this state stood and introduced themselves. Mike Bailey, Vice-Chairman Mr. Bailey invited guests to have refreshments in Bicentennial Committee the Council Conference Room, and also extended an invitation to all those present to attend the dedi- cation of the bandstand gazebo scheduled for Sunday, May 2 at Rohr Park. The gazebo was constructed by the Active 20-30 Club of Chula Vista. b. PRESENTATION OF SERVICE Mrs. Sims came to work for the City on April 24, 1956. PIN AWARD TO MRS~ JUNE Mayor Hamilton presented the twenty-year pin, com- SIMS mending Mrs. Sims for her service to the City and for her many contributions to the community. c. PRESENTATION BY PORT Mayor Hamiltop announced that Mr. Campbell had just COMMISSIONER, C. R. CAMPBELL returned from a trip to Japan and had requested that the Council continue this item to May 11. It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that Mr. Campbell's presentation be continued to May 11, 1976. d. PRESENTATION REGARDING On April 16, 1976, a copy of the report from the REGIONAL AIR QUALITY San Diego Air Quality Planning Team was forwarded STRATEGY - AIR QUALITY to Council for information and review. PLANNING TEAM City Council Meeting -2- April 27, 1976 Lawrence R. Taylor Mr. Taylor reviewed the alternative strategies Team Director included in the report presented to the Council, County of San Diego and stated that if the Council could take action at this meeting, it would be appreciated; if not, the Team would like to work With the Council over a period of time so that an alternate selection can be made. Mr. Taylor explained that various agencies have been working on the Regional Air Quality Strategies - the City of San Diego, the ComprehenSive Planning Organization, California Department of Transporta- tion, San Diego County, and the San Diego Air Pollution Control District. Using charts and graphs, Mr. Taylor demonstrated present and future air pollution trends, pollution transport from other air basins, reduction needed to meet Federal Air Standards (100 to 130 tons), estimated costs, impacts and benefits. Implementing jurisdictions for various tactics include Air Pollu- tion Control Board, Board of Supervisors, State Air Resources Board, Land Use Agencies and Transit Agencies (CAL TRANS, etc.) William Simmons Mr. Simmons explained the proposal of the Inter- Officer, San Diego mediate Management Group - to have the cities Air Pollution Control look at the Comprehensive Planning Organization District (CPO) plan, determine the differences between the City plan and the CPO plan and try to resolve the differences to get air quality consideration into land use and transportation plans of the cities and the county. Question on differences Councilman Egdahl asked if the difference between by Councilman Egdahl the City of Chula Vista's plan and the CPO plan could be explained. Mr. Taylor responded that his understanding was there is not a significant dif- ference between the two plans. He further commented that the Team would appreciate having the Council take action in endorsing one of the suggested strategies or a combination of the Intermediate Management Group, and also consider specific actions such as bicycling, etc. Suggestion for In answer to a query from Councilman Hobel concerning continuation staff recommendation, City Manager Cole stated that staff had not had sufficient time to go through the report and it was suggested that the item be con- tinu~d to May 4. Motion for It was moved by Councilman Hobel and seconded by staff report Councilman Hyde that staff bring back a report in one week and the Council can decide on their position at that time. Mayor Hamilton stated that whatever decision the Council makes, the information will be forwarded to the Air Control District. Motion carried The motion carried unanimously. City Council Meeting -3- April 27, 1976 ORAL COMMUNICATIONS Newton Chaney Mr. Chaney thanked the Mayor, the City Council, 292 Sea Vale Street and the City Manager for providing the opportunity for the two Council candidates to attend the League of California Cities institute workshop for new mayors and new councilmen. Hal Coupar Mr. Coupar introduced Miss Jo Ann Giacalone, who Chula Vista Jaycees was selected last Sunday as "Miss Chula Vista." Miss Giacalone resides at 148 Millan Street and attends Hilltop High School as a senior. Greg Cox Mr. Cox expressed his appreciation, along with 647 Windsor Circle Mr. Chaney, to the Council for sending them to the League of California Cities workshop, which he stated was a very rewarding experience. Clay Morud Mr. Morud addressed the Council concerning the 32 Plymouth Court petition and letter requesting rezoning of property at Tobias and Quintard. (Item No. 17 on the Agenda). He stated it was his understanding the Planning Department had recommended that no action be taken on the rezoning request and that the EIR report be accepted. Council procedure Mayor Hamilton explained that in accepting the clarified report under "staff recommendation," the Council only accepts the report of the Planning Commission and this action does not mean the Council is accepting the EIR report. Mr. Morud stated his remarks would then only concern the rezoning, and he reviewed points presented in the petition for rezohing; they do not understand the zoning in this area as most homes from Hilltop to Second and from Palomar to Quintard, they believe, are zoned R-1 and they do not feel the developer's plans of t~o story buildings conform to the zoning ordinance. ~lr. ~lorud asked that the Council con- sider the rezoning before the developer's plans are approved. 3. PUBLIC HEARING - Mayor Hamilton announced that he had received a CONSIDERATION OF THE request from citizens concerned with this item to VACATION OF THE MID-BLOCK delay the hearing until 8:30 p.m. to permit people PEDESTRIAN WALKWAY IN attending a meeting at the Halecrest Elementary HALECREST ESTATES School to be present for the hearing. Motion to delay public It was moved by Councilman Hobel, seconded by hearing until 8:30 p.m. Councilman Hyde and unanimously carried to delay the or later public hearing until 8:30 p.m. or later to consider Item No. 4 at this time. 4. a. PUBLIC HEARING - The applicant has requested a change of prezoning CONSIDERATION OF CHANGE on the subject property. On April 12, 1976, the OF PREZONING FROM P-C Planning Commission voted 5-0 recommending that the TO R-1-H-P FOR 2.5 ACRES City Council approve the change. LOCATED AT THE EASTERLY TERMINUS OF EAST "J" Director of Planning Perterson stated that one of the STREET - SHATTUCK CON- conditions of approval of the South Bay Villas tract STRUCTION COMPANY was that the developer acquire the additional land City Council Meeting -4- April 27, 1976 outside of his ownership for the extension of East "J" Street, which has now been done. Mr. Peterson said he felt it was appropriate to rezone this property from P-C to R-1-H-P zone which is the zoning existing on the basic tract to the south which conforms to the General Plan. Public hearing opened This being the time and place as advertised, the public hearing was opened. J. R. Shattuck Mr. Shattuck commented that he concurred with the President of Shattuck recommendation of the Planning Commission and Construction Company Planning Department for this zone change and ex- plained that there are only 9 lots involved in the zone change. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. b. ORDINANCE NO. 1683 - It was moved by Councilman Egdahl that this ordinance CHANGING PREZONING be placed on its first reading, that the reading DESIGNATION FOR 2.5 of the text be waived by unanimous consent, and the ACRES LOCATED AT THE Negative Declaration certified. EASTERLY TERMINUS OF EAST "J" STREET FROM P-C TO R-1-H-P - FIRST READING Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl~ Scott, Hobel Hami 1 ton, Hyde Noes: None Absent: None 5. a. PUBLIC HEARING - In a written report to the Council, Director of CONSIDERATION OF Planning stated that the applicant proposes to TENTATIVE MAP PCS- subdivide 2.85 acres located at the terminus of 76-1 FOR SOUTH BAY East "J" Street into 9 single family residential VILLAS UNIT #2 lots. He has applied for prezoning from P-C to R-1-H-P and has petitioned the City for annexation. On April 12, 1976, the Planning Commission voted 5-0 recommending that the City approve the sub- division in accordance with resolution PCS-76-1. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the public hearing was closed. b. RESOLUTION NO. 8134 - APPROVING TENTATIVE MAP PCS-76-1 FOR SOUTH B~Y VILLAS UNIT NO. 2 Resolution offered Offered by Councilman Hyde with a motion that the Negative Declaration be certified, the reading of the text' was waived by unanimous consent, passed and adopted by the followin9 vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Hobel, Hamilton Noes: None Absent: None City Council Meeting -5- April 27, 1976 Motion fQr It was moved by Mayor Hamilton and seconded by Executiv~ Session Councilman Egdahl that an Executive Session be called for personnel and pending litigation matters, and that Council reconvene in time for the public hearing at 8:30 p.m. on Item No. 3. Council d~scu~sion Councilman Egdahl commented that if there were any items on the agenda that some one in the aodience wished to speak to, they should be considered at this time. Councilman Hyde and Councilman Scott questioned holding the Executive Session at this point. Motion failed The motion failed by the following vote, to-wit: Ayes: Mayor Hamilton, Councilman Egdahl NOES: Councilmen Scott, Hobel, Hyde Absent: None CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 8135 - On April 6, 1976, Richard Zogob and C. P. Kiffe ACCEPTING GRANT OF EASEMENT granted an easement for drainage purposes to the FROM RICHARD ZOGOB AND C.P. City of Chula Vista. The easement lies adjacent KIFFE FOR DRAINAGE PDRPOSES to the northerly boundary line of Memorial Park. 7. RESOLUTION NO. 8136 - Windsor Park Enterprises, Inc., developer of Windsor APPROVING AGREEMENT FOR Views Subdivision, has completed the requirements THE COMPLETION OF IMPROVE- of the Planning Commission and City Council neces- MENTS ~N WINDSOR VIEWS sary for the recordation of the Final Map (except SUBDIVISION AND AUTHORIZING those discussed on the agenda statement concerning THE MAYOR TO EXECUTE SAME approval of the Final Map of the Windsor Views Sub- division). 8. RESOLUTION NO. 8137 - The final map of Windsor Views Subdiv}sion has been APPROVING MAP OF WINDSOR checked by the Engineering Division and found to be VIEWS SUBDIVISION AND generally in conformance with the tentative map ACCEPTING ON BEHALF OF approved by the City Council on July 9, 1974. THE PUBLIC THE PUBLIC Sesame Street and a portion of Telegraph Canyon STREETS DEDICATED ON Road are being offered for dedication on the map. SAID MAP, AND ACCEPTING The developer requested Council approval of the ON BEHALF OF THE CITY final map subject to his submitting required bonds, THE EASEMENTS GRANTED fees and documents within 60 days of approval. ON SAID MAP 9. RESOLUTION NO. 8138 - H.L. Foster Construction Company has completed the ACCEPTING PUBLIC IMPROVE- reconstruction of damaged and deteriorated curb and MENTS - RECONSTRUCTION OF gutter, sidewalks and driveway approaches at various CURBS, SIDEWALKS AND DRIVE- locations in the City of Chula Vista. This work WAYS - BLOCK GRANT PROGRAM was a Block Grant Program. 10. RESOLUTION NO. 8139 - The following bids were received on April 15, 1976 ACCEPTING BIDS AND AWARDING for construction of a box culvert across Halecrest CONTRACT FOR THE CONSTRUCTION Drive, north of Telegraph Canyon Road: OF A BOX CULVERT ON HALECREST DRIVE, NORTH OF TELEGRAPH CANYON ROAD - PROJECT GF-8 City Council Meeting -6- April 27, 1976 G. R. Henderson Contractors, Inc., San Diego T. B. Penick & Sons, Inc., San Diego 26,667.00 Carver General Engineering, Santee 29,497.00 Sapper Brothers, Inc., San Diego 28,886.00 Roczey ~rading & Demolition, E1 Cajon 31,253.00 Daley Corporation, San Diego 31,786.00 C. W. McGrath, Inc., E1 Cajon 31,986.00 Scheidel Corporation, La Mesa 39,257.00 Daniel L. Muns Engineering CO., E1 Cajon 44,551.92 Dempsy Construction CO., Lemon Grove 46,117.00 tIt was recommended that the contract be awarded to the low bidder, G. R. Henderson Contractors, Inc. 11. RESOLUTION NO. 8140 - At the meeting of April 13, 1976, the Council AMENDING RESOLUTION NOo 7577 approved American Housing Guild's request to amend APPROVING ESCROW AGREEMENT escrow agreement regarding sale of City owned WITH AMERICAN HOUSING GUILD land and directed staff to bring back a resolution TO PROVIDE FOR THE ASSIGN- providing an assignment clause. The assignment MENT BY AMERICAN }lOUSING is to be made to MCS Development Incorporated. GUILD TO MCS DEVELOPMENT, INC. (End of Consent Calendar) 12. RESOLUTION NOo 8141 - Change order #1 is for the material and labor re- AUTHORIZING CHANGE ORDER quired to install carpet and carpet accessories #1 TO CARPET INSTALLATION in various areas of the Chula Vista Library° CONTRACT FOR THE CHULA VISTA LIBRARY Question regarding Councilman Egdahl questioned as to whether any overall carpeting consideration had been given to also carpeting the stairways; Director of Building and Housing Grady said that the treads will not be carpeted because if this was done it would reduce the depth of the stairs and consequently, it would not meet the fire exit codes. 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, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None 13. RESOLUTION NO. 8142 - On February 26, 1976, the Environmental Control SUPPORTING PROPOSED Commission recommended that the Council support AMENDMENTS TO THE STATE the Association of Environmental Professionals £IR GUIDELINES proposed amendments to CEQA. The Council re- ferred the matter to the Environmental Review Committee for recommendation. 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, Hobel, Hamilton Hyde, Egdahl Noes: None Absent: None City Council ~eeting -7- April 27, 1976 14. RESOLUTION NO. 8143 - At the joint City Council-Youth Commission meeting PROVIDING FOR THE SPECIAL on April 20, the Council directed staff to bring APPROPRIATION OF FUNDS back a resolution appropriating funds for members TO COVER ATTENDANCE OF of the Youth Commission to attend the Conference FIVE YOUTH COMMISSIONERS for Youth Commissions on May 15, 1976 in Concord, AT CONFERENCE OF YOUTH California. COMMISSIONS Motion for parent's It was moved by Councilman Nyde, seconded by release Councilman Hobel and unanimously carried that a release be obtained from the children's parents as a condition of being able to attend. Meeting with Youth It was moved by Councilman Scott, seconded by Commission Councilman Egdahl and unanimously carried that an appropriate time be set up for a joint City Council-Youth Commission meeting in an informal manner. 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, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 15. RESOLUTION - The following bids were received on February 9, ACCEPTING BIDS AND 1976 for the purchase of one (1) street sweeper: AWARDING CONTRACT FOR MANUFACTURE[~ UNiT ONE (1) STREET SWEEPER BIDDER ~O ~OD£k ,0. PR'CE TER~S Dearth Math. Co. FMC Wayne 12 $ 45,940.0{) $200-15 days Baldwin Park, Ca. Trade-in Allowance: 400.00 Nlxon-Eglt. Equip. Co gobll 2-TE-3 33,944.00 Net of Sou. Calif. inc. Trade-in Allowance: Santa Fe Springs, Ca. Hurphy Nachinery murphy 4032 mounted on 2g,SO0.O0 ~ of 1[-15 days La Dabra, Ca. conventional truck chassis w/std, topper Trade-in Allowance: 2,500.00 Alternate Bid: Murphy 4032 mounted on tilt 32,300.00 ½ of l%-l$ days cab chassis w/ transfer hopper Trade-in Allowance: 2,gO0.O0 The Mobil and Murphy sweepers were tested for one week and on the basis of the performance test and safety requirements, it was recommended by the Director of Public Works that the contract be awarded to Nixon-Egli Equipment Company. Richard Acton Mr. Acton stated that the company he represents District Sales Manager was low bidder on this item (Price differential Murphy Machinery Company $5,500)~ that a Murphy sweeper was submitted to La Habra, California the City for testing and specifications were written to accept this sweeper; he questioned the justification for awarding the contract to the next highest bidder. Director of Public Mr. Robens explained the performance tests and Works evaluations that were made. Motion to accept It was moved by Councilman Hobel and seconded alternate bid by Councilman Egdahl that the alternate bid of Murphy Machinery be accepted (the tilt cab machine) contingent upon its meeting testing requirements. City Council Meeting -8- April 27, 1976 Recommendation of Mr. Beam suggested that the motion be ameded to Assistant City Attorney provide that the original low bid of Murphy Machinery Company be found not to be in con- formance with the requirements as set forth by the performance test and that the second item - the alternate bid - be so accepted and Council direct the Attorney's office to bring back a resolution solemnifying this. Agreement to Amendment Councilman Hobel agreed to this amendment to his motion and the second, Councilman Egdahl, also agreed to the amendment. Explanation of motion Mr. Beam stated that the motion is now two- fold; first, that the alternate bid from Murphy Machinery be accepted and second, that the low bid from Murphy Machinery be rejected for reasons of not meeting the performance evalua- tion tests - one as to visibility and one as to maneuverability. Agreement to Amendment Councilman Hobel stated that his motion did not indicate the evaluation tests including "vis- ibility'' but he was willing to amend his motion if that would meet the criteria. Substitute motion It was moved by Councilman Egdahl and seconded by Councilman Hyde that staff recommendation be accepted (to award the contract to Nixon- Egli Equipment Co. - offer resolutionS. Recess Recess was called at 8:50 p.m. and the meeting reconvened at 9:10 p.m. Original motion restated It was moved by Councilman Hobel that his orig- inal motion be amended to state that the perform- ance tests referred to be limited to performance as to radiuses - the visibility factor would not be a part of the motion. Second does not agree Councilman Egdahl stated he would not accept to amendment the amendment and would not second it. No second to motion The motion died for lack of second. Motion to continue It was moved by Councilman Scott that this item be held over for two weeks, during which time staff would conduct the appropriate tests on the tilt cab alternate bid and direct staff to bring back the resolution at the end of that time. Motion died The motion died for lack of a second. Resolution offered Offered by Councilman Egdahl, the reading of (Substitute motion) the text was waived by unanimous consent. Resolution not adopted The resolution was not adopted by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None City Council Meeting -9- April 27, 1976 Motion to accept It was moved by Councilman Hobel and seconded alternate bid by Councilman Egdahl to accept the alternate bid contingent upon performance tests limited to the ability of the sweeper to handle radiuses - not visibility - and if a representative of the City is sent to another City for these tests, it should be at the vendor's expense. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilman Hobel NOES: Councilmen Scott, }tamilton, Hyde, Egdahl Absent: None Motion for new bids It was moved by Mayor Hamilton that all bids be thrown out, that new specs be written and that new bids be requested. Motion died The motion died for lack of second. Motion to reconsider It was moved by Mayor Hamilton and seconded by Councilman Hobel that this item be reconsidered. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hyde, Egdahl, Scott Noes: Councilman Hobel Absent: None Motion to accept staff It was moved by Councilman Egdahl to accept the recommendation, offer recommendation of staff, and that the reading resolution of the text be waived by unanimous consent. No second to motion The motion died from lack of second. Substitute motion for It was moved by Councilman Scott and seconded alternate bid evaluation by Councilman Hobel that the alternate bid be evaluated and brought back to Council in two weeks. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None 3. PUBLIC HEARING - On April 6, 1976 the City Council accepted a CONSIDERATION OF THE report by the City Manager concerning problems VACATION OF THE MID- associated with the pedestrian walkway in BLOCK PEDESTRIAN Halecrest Estates. The Council subsequently WALKWAY IN HALECREST established this meeting as the date for a ESTATES public hearing relative to the vacation of the walkway. Comments by Director Director of Public Works explained that many of Public Works complaints had been received by the Police Depart- ment from residents adjacent to the walkway concerning various kinds of nuisances. Public Works investigated the possibility of installing fencing to preclude the vandalism. A written report submitted to the Council provided alter- natives for fencing and approximate costs. City Council Meeting -10- April 27, 1976 Council discussion The Council discussed the legality of vacating the walkway, installation of lights~ blocking the walkway at night, and construction of a 6-foot chain link fence, including cost. Public hearing opened This being the time and place as advertised, the public hearing was opened. Citizens speak in favor of Mr. Paul Lupe, 518 Berland Way; Mr. William the vacation Buono, 826 Halecrest; Mr. Louis Allevas, 828 Halecrest; and Mr. John ~ilson, 833 Hale- crest; - all spoke in favor of vacating the walkway citing specific instances of vandal- ism, property damage, cut fences, use of B-B-gun, bad language and general nuisance problems. Citizens speak against Ms. Connie Mason, 834 David Drive; Ms. Joy the vacation Short, 839 Halecrest Drive; Mr. Robert Fredrickson, 830 Halecrest Drive; r~s. Penny Anderson, 869 Durwood; Mr. Dennis L. Mason, 834 David Drive; Mr. Leon Smythe, 838 Halecrest Drive; - all spoke against the vacation of the walkway stating in their comments that the same kind of problems exist in the entire area as far as vandalism, nuisances, litter throwing, bodily assault, etc. are concerned. They also gave specific instances of problems occurring, but stated that these problems do not warrant the vacation of the walkway as the benefits outweigh the negative aspects. They spoke strongly in favor of keeping the walkway for school children to use as well as adults going to and from the school or other areas. Petition against Ms. Mason in her comments referred to the the vacation petition received by the Council with 191 sig- natures representing 133 homeowners in the area, stating that the residents signing the petition wished to have the stairway retained with improve- ments made in the fencing and adequate lighting installed. Public hearing closed There being no further comments, either for or against, the hearing was closed. Motion to retain walkway It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the sidewalks be retained and improved. Motion for chain link It was moved by Councilman Ilyde that the City fence Council direct the staff to investigate the cost involved for installation of a 6-foot high chain link fence on both sides without the covering roof and the estimated cost of adding a covering roof at a later date if necessary. Addition to motion Councilman Scott seconded the motion, adding that the staff should look at the alternative of a 6-foot covering initially and have them separate this cost as a basis for making a decision. Cost to be borne Councilman Hyde said he will include this as by the City part of his motion - that the cost of the 6-foot fence on each side be borne by the City. Discussion of motion Council discussed cost factors and possibility of forming a special district for improving the walkway. City Council Meeting -ll- April 27, 1976 Motion amended Councilmen Hyde moved that a 6-foot chain link fence be put in on each side at the expense of the City and that whatever treatment at the ends of the chain link fence are appropriate from the staff's view be considered as part of the project in discussion with the property owners. Motion carried Councilman Scott agreed to the amendment and the motion carried unanimously. Motion for letter It was moved by Councilman Hyde, seconded by to schools Councilman Scott and unanimously carried that a letter be drafted for the Mayor's signature to the principals of Halecrest Elementary School and of the high school involved in setting forth the problem in the area asking for the assistance of the schools to the extent possible in presenting the problem to the student bodies as a community problem that involves the students and children and requires their cooperation. Motion for resolution It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that an appropriate resolution approving the action adopted by the Council be brought back for approval and that staff provide cost estimates. Motion for staff It was moved by Councilman Egdahl, seconded by report Councilman Hyde and unanimously carried that the staff be'asked to report back at the earliest congenience in ~onjunction with the previous action, the cost of a dawn to dusk light in both the two mid-block locations at the midpoint from street to street, and to involve conversations with the property owners (con- cerning the lighting). 16. ORDINANCE NO. 1682 - The City Council at the meeting of February 3, AMENDING SECTIONS 1976 discussed the advisability of establishing 19.28.060, 19.28.070 an R-3 district which would limit the residen- AND 19.28.090 OF TttE tial density to one dwelling unit per 3,500 CHULA VISTA MUNICIPAL square feet of land. This ordinance was placed CODE TO ADD R-3-L (LOW on first reading at the meeting of April 20, 1976. DENSITY MULTIPLE FAMILY RESIDENTIAL ZONE) - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Egdahl that this reading and adopted ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes; None Absent: None City Council Meeting -12- April 27, 1976 REPORT OF THE CITY MANAGER Executive Session It was moved by Councilman Hyde~ seconded by Councilman Scott and unanimously carried that Council adjourn to Executive Session for pending litigation and salary negotiations after con- clusion of consideration of all items on the agenda. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 17. Report on petition On Arpil 20, 1976 the Council received a peti- protesting processing tion protesting the processing of EIR-76-1 and of EIR-76-1 on Green- a letter asking consideration be given to Vellinga Projects at rezoning two projects north of Quintard Street Tobias and Quintard at Tobias Drive to R-1. The Council has been provided with comments on each point raised in the petition, a discussion of pertinent aspects of the IS and EIR process, a summary of previous Council action relative to the zoning of the property and a response to the rezoning request. Motion to accept It was moved by Councilman Scott, seconded by report Councilman Hyde and unanimously carried that the report be accepted. 18. Report on appeal decision The Board of Appeals and Advisors at their of the Board of Appeals meeting of April 12, 1976 heard an appeal from and Advisors Gregory M. Evans of 1081 Oleander Avenue to 1081 Oleander Avenue waive the 7'6" ceiling height requirement of Section 1407 (a) of the Municipal Code. The Board of Appeals and Advisors by a 2-2 vote on April 12 did not reach a decision on the appeal. Director of Mr. Grady explained that the City Code requires Building and Housing 263 square feet of ceiling to be 7'6" above the floor and this does not meet that requirement. Therefore, the recommendation of the staff is to deny the appeal because there does not appear to be an alternate to the 7'6" ceiling height. Discussion In answer to Councilman Scott's question, Mr. Grady replied that a 7~ 1-1/2" high ceiling is bdt detrimental to the~City, The Code, does, however, state'that the minimum height is 7'6' and does not give an alternate. Motion for It was moved by Councilman Scott, seconded by granting appeal Councilman Hyde and unanimously carried that the appeal be granted. Assistant City Attorney Beam asked that a minute entry be made that the appeal was granted and that it be attached to the Buildin§ Permit. REQUESTS AND RECO~MENDATIONS OF CITY BOARDS AND COMMISSIONS 19. Request for approval The Safety Commission requested that a publica- of "Pedestrian Safety tion similar to the City of Sunnyvale's "Pedes- Program" brochure and trian Safety Program" brochure be printed by related publicity City staff, in color, and distributed to various groups in the City of Chula Vista "for the further- ance of pedestrian safety." City Council Meeting -13- April 27, 1976 Motion to accept It was moved by Councilman Hobel and seconded by staff recommendation Councilman Scott that the matter be referred to staff for recommendation and analysis of related costs. Councilman Hyde said he would vote against the motion. Substitute motion It was moved by Councilman Hyde and seconded to file by Councilman Egdahl that the item be filed. Substitute motion The substitute motion failed by the following failed vote, to-wit: A~ves: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Original motion The original motion carried by the following carried vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: Councilman Hyde Absent: None MAYOR'S REPORT Invitation to dedication Mayor Hamilton read the invitation from Mr. Bill of Replica of United States Moody to the dedication ceremony of the Replica Capitol of the United States Capitol on Tuesday, Hay llth at 2:00 p.m. in Balboa Park. Love's Wood Pit Barbecue Mayor Hamilton read the invitation to SNAFU night at Love's Wood Pit Barbecue on Sunday, May 2nd. REQUESTS AND STATEMENTS OF COUNCILMEN Consultant services for Councilman Hyde inquired as to the progress that area at 1-805 and East "H" has been made in obtaining a consultant for the area at 1-805 and East "H". Motion not to hire consultant It was moved by Councilman Egdahl and seconded by Councilman Scott that at this time the matter of hiring a consultant for the area at 1-805 and East "H" not be pursued. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: Mayor Hamilton Absent: None Motion to investigate It was moved by Councilman Scott and seconded ACCORD abandoning by Councilman Hobel that the possibility of eliminating the ACCORD Committee be investigated. Motion failed The motion failed by the following vote, to-wit: Ayes: None NOES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None City Council Meeting -14- April 27, 1976 Motion for report back It was moved by Councilman Hyde, seconded by to Council Councilman Egdahl and unanimously carried that this matter be referred to staff and report brought back to Council as to what )rocedure to follow at this point. Letter of Resignation from Councilman Egdahl said he had received a letter member of ACCORD Committee of resignation from one of the members of the ACCORD Committee. Motion to defer It was moved by Councilman Egdahl, seconded by replacement Councilman Hyde and unanimously carried that the matter of a replacement be deferred until after report is made from staff as to proper procedure on ACCORD. Parking along East "H" It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Safety Commission be asked to advise the Council concerning the continued parking along East Street by the high school. 20. WRITTEN COMMUNICATIONS Letter of resignation - It was moved by Councilman Scott, seconded by Phillip R. Bryant Councilman Hyde and unanimously carried that the resignation of Mr. Phillip R. Bryant from the Safety Commission be accepted with regret and that a letter be forwarded to Mr. Bryant thanking him for his services. Councilman Hyde asked that the City Clerk advise Council of the name of the next candidate- elect for appointment to this committee. Mayor Hamilton reminded Council that this is one in which the Mayor recommends appointment of an applicant to Council for ratification. RECESSED TO EXECUTIVE Mayor Hamilton recessed the meeting at 11:25 p.m. SESSION to Executive Session. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:45 p.m. to the Council Conference scheduled for 3:30 p.m., Wednesday, April 28, 1976. JENNIE M. FULASZ, CMC City Clerk Deputy City Clerk