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HomeMy WebLinkAboutcc min 1974/05/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday May 28, 1974 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date at 7;00 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, with the following Councilmen present: Councilmen Hobel, Hamilton, Hyde, Egdahl Councilman absent: Councilman Scott Staff present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Assistant Director of Public Works Robens, Director of Planning Peterson, Director of Parks and Recreation Hall, Deputy City Attorney Beam The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of May 20 and 21, 1974 be approved, copies having been sent to each Councilman. ORAL COMMUNICATIONS James L. Marsh Mr. Marsh said he was representing the Associ- 221 East Emerson Street ated Student Body, Southwestern College, and Chula Vista requested that the Council give consideration to reducing bus fares for students. The rate is currently 2S¢; however, with a reduction, more students would ride the buses, and there would be, perhaps, a need for more buses for student transportation. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this request be referred to the City Manager -- that the City Manager meet with the bus company to discuss this, and bring back to Council his report and recommendation. PUBLIC HEARING - Director of Planning Peterson submitted a plat CONSIDERATION OF CHANGE OF noting the property in question. He explained ZONE FOR REAR PORTION OF that the lot encompasses 3/4 of an acre. On LOT AT 29 BROADWAY FROM September 12, 1973, the Planning Commission R-3 TO C-T-P, PCZ-74-E granted a conditional use permit for a motor- cycle sales and service facility. The front portion of the property is zoned C-T and con- tains 16,000 square feet; the rear portion is zoned R-3 and contains 15,000 square feet. The only reasonable access to the rear of the property would be through the front commercial area. Mr. Peterson commented that it is not a satisfactory access to a residential develop- ment to the rear which would have to bc built under the existing zoning, The rezoning is desired by the applicant tO expand his new business, The Planning Commission approved the conditional use permit contingent upon the rezoning of the property by the Council. City Council Meeting 2 May 28, 1974 Public hearing opened This being tke time and place as advertised, Mayor Hamilton opened the public hearing~ Broadway study Councilman Egdahl referred to the Broadway study which recommended a 250-foot'commercial depth along this street. He questioned whether the current zoning on the west side of Broad- way was 250 feet deep, Mr, Peterson indicated it was less than 250 feet. He added that the Broadway study has not been before the Planning Commission or City Council for consideration. The staff will be looking at the study and will be making recommendations for rezonings. No precedent will be established by the Council in approving this rezoning. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1553 - It was moved by Councilman Hyde that this AMENDING ZONING MAP OR MAPS ordinance be placed on first reading and that ESTABLISHED BY SECTION 33.401 reading of the text be waived by unanimous OF THE CHULA VISTA CITY CODE, consent. REZONING THAT CERTAIN PROPERTY LOCATED AT THE REAR PORTION OF The motion carried by the following vote, to- LOT AT 29 BROADWAY FROM R-3 wit: TO C-~-P - FIRST READING AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott COMMUNITY REDEVELOPMENT PROCEDURE City Manager Thomson explained that the Commu- nity Redevelopment Law requires that the Re- development Agency, through its staff, at the d~rectfon and'approval o£ the l~gi~Iative body, aonsul~, anfl~obtai~ the advice of residents and community organizations concerningpolicy matters relevant to p½ahned development. Motion to consult with residents It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the Redevelopment staff consult with residents and community organizations within the project area. REPORT ON LANDSCAPING Assistant Director of Public Works Robens re- INTERSTATE 5 FREEWAY ported that he contacted Dave Sapp of the State Division of Highways as to the land- scaping plans of I-5 from Highway 54 to Palomar Street. Mr. Sapp indicated that work has not started on these plans but he anti- cipated the design for the landscaping will be completed by June 1975 in two separate con- tracts. Funds for the project will be budgeted in 1975-76 fiscal year. The State will contact the City, in the early stages of the plans, to see that the land- scaping conforms with the existing City land- scaping at the major interchanges, City Council Meeting 3 May 28, 1974 Rdport accepted It was moved hy Councilman Hobel, seconded by Councilman HMde and unanimously carried that this report be accepted. REPORT ON PROGRESS In a written report to the Council, the City OF NEW LIBRARY Librarian and Director of Public Works com- mented on the meetings held with the archi- tect, fire marshal and building personnel. Discussion was held on the utilization of a sunken floor around the fireplaces, fire exits and regulations, air conditioning system, and the interviews held to select an interior designer. The Committee selected Mr, Marshall Brown based on examples of past projects and, among other considerations, his thoroughness in researching areas of speciali- zation. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the interim report be accepted. Council discussion Councilman Hyde questioned the meaning of the wording "other interior design techniques" as it applied to creating an intimate atmosphere around the fireplaces. Assistant Director of Public Works Robens stated he couldn't answer this. The new interior designer would have to respond to this. Aisles Councilman Egdahl noted that in the Civic Theater (San Diego) a S-foot width is provided between the rows of seats which eliminate~ the requirement of providing aisles every eight feet. The aisles are provided against the outside walls. Councilman Egdahl recom- mended that the staff investigate this possi- bility for seating. Mr, Robens stated he would look into this. REPORT ON SAN DIEGO In a written report to the Council, Director GAS & ELECTRIC COMPANY'S of Public Works Cole explained that San Diego REQUEST FOR SEWER Gas & Electric Company is attempting to locate CAPACITY RIGHT IN an interior site for the construction of a METRO SEWER SYSTEM Combined Cycle Fossil Fuel Power Plant. One site they have in mind is in Proctor Valley, immediately northeast of the Upper Otay Lakes Reservoir. The company has a water service agency and sufficient water for its cooling process, but needs a means of disposal of the waste water form the power plant. Chula Vista has been requested to indicate its willingness to lease or sell 1.6 MGD sewage capacity from its allotment in the Metropolitan Sewer System. Based on the potential development of new technologies for sewage waste treatment, Mr. Cole recommended leasing 1.6 MGD to San Diego Gas & Electric because of the offsetting City Manager ~mmson agreed with the recom~ mendation. City Council Meeting 4 May 28, 1974 Report accepted It was moved by Councilman Hobe] and seconded by Councilman Egdahl t~at the department head and City Manager recommendations be accepted. Justification for approval Assistant Director of Public Works Roberts re- sponded to Council's inquiry stating that the tax base would be the justification. It is a trade-off between the value of the capacity rights and risks of leasing those rights as against the possible revenue of leasing them and the construction of this facility. Questions by Council Councilman Hyde posed the following questions: (1) is this a momentous decision; (2) is it appropriate for the City to consider this service and what are the possibilities of the City annexing this property~ (3) what will be the compensation; (4) what does it mean -- is the Council approving just the concept? Response by City Manager City Manager Thomson explained that the rev- enues would depend on future annexation of this site; as to lease conditions, these will have to be drawn up and worked out; the City now has 21MGD capacity, and in terms of fu- ture residential growth, coupled with techni- cal changes, ~% appears that this would be the prudent way to go. Motion withdrawn Councilman Hobel withdrew his motion; Council- man Egdah] withdrew his second. Continued for one week It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that this matter be continued for one week so that the City Attorney can look over the docu- ments prior to Council action. John Burns Mr. Burns explained that they are requesting San Diego Gas & Electric approval in concept of the use of some of the excess capacity the City currently holds in the Metropolitan Sewer System for this site. Two final sites are being considered: this one in Proctor Valley and another site in Sycamore Canyon. For both of these sites, they have approached the local Water and Retail Sewer agencies to make sure the company would not be left "high and dry" with a power plant having no water or sewer connection. Mr. Burns added that they are not seeking a lease at this time - what they are requesting is approval in concept of this particular plan. UNANIMOUS CONSENT ITEMS CO~UNES City Attorney Lindberg referred to the recent developments of communes (co~nunity-type living) in the City, Some complaints have been received regarding communes located in R-1 neighborhoods. It would be his recom- mendation that this matter be referred to the Planning Commission and then to the City Council to determine whether this type of use should be designated as an unclassified use upon the application of a conditional use permit. City Council Meeting 5 May 28, 1974 Referred to Planning Commission It was moved b~ Mayor Hamilton, seconded by Councilman H~de and unanimously carried that this matter be referred to the Planning Commission for public hearings to establish recommendations to the City Council. EXECUTIVE SESSION It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the Council go into Executive Session at the close of the business meeting for personnel and litigation purposes. PARKS AND RECREATION COMMISSION The Parks and Recreation Commission recom- RECOb~qENDATIONS - SHUFFLEBOARD mended the renovation of the entire Memorial COURT COMPLEX, MEMORIAL PARK Park shuffleboard complex and that the courts AND TENNIS COURTS be opened for play to all citizens of Chula Vista and not be dedicated to the exclusive use of a minority of the citizens. %hey further recommended that prime considera- tion be given for the construction of two tennis courts at General Roca Park and that secondary consideration be given for the con- struction of these courts at Southwestern College. City Manager's recommendation City Manager %homson stated that the cost of this renovation would be $8,000. This sum is available in the current budget of the Parks and Recreation Department. With the combined use of City forces, this project can be com- pleted within this $8,000 figure. As to the tennis courts, $30,000 has been set aside for the two courts; however, this is not adequate due to the rising costs of construc- tion. The preliminary estimate is now $42,000. Mr. Thomson concurred with the proposed site recommendation (General Roca) subject to spe- cific placement which relates to Engineering's concern regarding drainage, soil stability, etc. Director's explanation Mr. Emerson Hall, Director of Parks and Recre- ation, explained the maintenance of the shuf- fleboard courts and the joint agreement with the school district for the lighted tennis court facilities. Tony Tieber, Chairman Mr. Tieber referred to the Commission's recom- Parks and Recreation Commission mendation concerning the location of the tennis courts. A suggestion made by the Parks and Recreation Department was that it would be difficult to maintain two courts. On the basis of this theory, the Commission rejected the sites at Greg Rogers and Loma Verde Parks and voted in favor of the General Roca site. Tennis Court item referred It wa~ moved hy Councilman Egdahl, seconded back to Parks and Recreation by Councilman Hobel and unanimously carried Commission that this matter be ~eferred back to the Parks and Recreation Commission for consideration, as an alternative, the number of racket ball courts that would be equivalent in dollars to the two tennis courts, and then recommend to City Council Meeting 6 May 28, 1974 the Council whether they would encourage the Council to approve racket ball courts or the two tenni~ courts, If the recommendation is for the racket ball courts, where these should be located. Motion for shuffleboard courts It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the recommendations made concerning the shuffleboard courts be approved (renovation at a cost of $8,000). YOUTH CO~BIlSSION RECONg4ENDATION The Youth Commission requested that the City REGARDING PROPOSITION 5 Council endorse Proposition 5 on the June 1974 California Primary Ballot (Highways and Mass Transit Guideways). A similar recommendation was also received from the Environmental Control Commission. Support of Proposition 5 It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the Council support Proposition 5. Councilman Hyde noted that the election was next week (June 4) and therefore, asked the news media to take note of this action. YOUTH CO~4ISSION RECO~IqENDATION The Youth Commission requested a joint meeting REGARDING JOINT MEETING with the City Council to discuss (1) the duties of the Youth Commission; (2) the con- nection between the Youth Commission and the City Council; (3) other related matters. Request granted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the request be granted. ORDINANCE NO. 1534 - In a written report to the Council, the /%MENDING SECTION 28.802 Director of Public Works noted that the SUBSECTION 5 OF ARTICLE current fees are based solely on number of 8 OF CHAPTER 28 OF THE lots in the subdivisions. He reported that CHULA VISTA CITY CODE this was inequitable in that many subdivisions RELATING TO FEES FOR are now using the Planned Unit Development/ THE PROCESSING OF SUB- Condominium concept with a number of dwelling DIVISION MAPS - FIRST units on one or more lots. READING The ordinance delineates the formula to be used in designating the fees. This is based on either lots or dwelling units, whichever is the greater in number. Ordinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to.wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Scott City Council Meeting 7 May 28, 1974 ORDINANCE NO. 1535 - In a written re?Qrt to the Council, Director AMENDING SECTION 19.410 of Public Works Cole ~tated that the City OF THE CHULA VISTA CITY Code allows a property owner to paint the CODE RELATING TO CURB curb red on either side of his property a CLEARANCE AT DRIVEWAYS - distance of eight feet. Mr. Cole reported FIRST READING that this results in an inefficient use of on-street parking spaces and would recommend a minimum of 18 inches. The owner or occu- pant applying for this permit shall pay a fee of $7.50 per driveway. Council discussion Council discussion followed in which Assistant Director of Public Works Robens e×plaineff the process used in the past. Councilman Hobel questioned the City's obliga- tion in providing off-street parking for busi- nesses next to residential areas. He commented that he has received complaints on this in the past. Councilman Hobel added that painting the curbs red is a safety feature, and he was concerned about the fee ($7.50) being imposed for this application. Mr, Robens noted this amount was an estimate derived by the staff which involves the cost of the paint and the crew going out to paint the curb. Ordinance placed on It was moved by Councilman Egdahl that this first reading as amended ordinance be placed on first reading with the following amended wording: "Sec. 19.410 Red Curb Clearance at Driveways. Upon application, the Director of Public Works shall cause to be painted in red the curbs on each side of a driveway a minimum of 18 inches. The owner or occupant of the property served by a driveway shall apply for this service." Reading of the text was waived by unanimous consent and the motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes; None Absent: Councilman Scott RESOLUTION NO. 7315 - The purchase agreement stipulates the sum of APPROVING AGREEMENT BETWEEN $8,000 for the building, providing that if THE CITY OF CHULA VISTA AND the City wishes to utilize the building after THE CHULA VISTA CHAMBER OF a period of five years, it will pay an addi- COMMERCE FOR PURCHASE AND tional sum of $2,000 at that time. SALE OF CHAMBER OF COMMERCE BUILDING, APPROPRIATING FUNDS THEREFOR Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unahimous consent, pas~ed and adopted by the following vote, to-wit AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent Com~cilman Scott City Council Meeting 8 May 28, 1974 UNANIMOUS CONSENT ITEM ORDINANCE NO. 1536 ~ Cit~ Attorney Lindberg explained that the AMENDING SECTION 18.73 ordinance stipulates a $500 license fee which RELATING TO LICENSING is for the remainder of this calendar year. OF ALL PERSONS IN THE BUSINESS OF SELLING SUBSCRIPTIONS FOR PAY TELEVISION - FIRST READING Ordinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: Cotmcilman Scott MAYOR'S REPORT UTILITY LINES AT 1-805 Mayor Hamilton noted that the remainder of CONSTRUCTION 1-805 is being developed from Telegraph Canyon Road across the valley, and that he has noticed utility lines crossing the freeway. He asked why the City couldn't require these transmission lines to be undergrounded at this time. Assistant Director of Public Works Roberts stated he would look into this. CONSTRUCTION OF BUSINESSES Mayor Hamilton commented that there is a new NEXT TO CURBS building under construction oh Broadwa~ next to Aztec TV, that has been allowed to build right out to the curbside. This completely covers the building adjacent to it. The Mayor questioned the staff's attitude toward granting this adjacent business permission to apply for a different type of sign so it can get public exposure. He would suggest this be done without cost. Mayer Hamilton directed that this matter be referred to the City Manager for a report back next week as to what the City can do to alleviate this problem now and if it occurs COUNCIL COMMENTS again. SO~BALL FIELD AT Councilman Hobel stated he has received com- GENERAL ROCA PARK plaints concerning the hazardous condition of the softball field. The sprinkler system is broken and is causing flooding. Councilman Hobel addressed this complaint to the City Manager for report. SIGNS ON BUSES Councilman Hobel asked the City Manager for a report as to when Aztec plans to paint the rest of the buses, and the same problem: Chula Vista signs are not on the buses, City Council Meeting 9 May 28, 1974 RECYCLABLE REFUSE PROJECT Councilm~n Egdakl referred to the City Mana- ger,s recommendation to discontinue the policy of separating rec¥clable refuse as this project is not working out. Recommendation accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this recommendation be accepted. Report to be forwarded It was moved by Councilman Hyde, seconded by to Environmental Control Mayor Hamilton and unanimously carried that this report, along with the Council's action, Commission be sent to the Environmental Control Commis- sion. WRITTEN COF~4UNICATIONS Verified claim for damages - A verified claim for damages in the amount of Dale Nelson, Bonita $10,000 was filed by Dale Nelson, 441S Allen School Road, Bonita, California. Mr. Nelson claimed that because of the filling, grading, excavating, and the construction of storm drains, conduits and drainage ditches by Rancho Robinhood Homes, as permitted by the City of Chula Vista, it has caused the amount of surface water to be diverted onto his property thereby adversely affecting the value and enjoyment of his property. Claim denied It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the claim be denied. Verified claim for damages - A verified claim for dmnages in the amount of Robert Ruis, 799 Lori Lane, $21.00 was filed by Mr. Ruis who claimed that on March 28, 1974, the City sewer sys- Chula Vista rem backed up into his bathroom ruining his shag rug. Referred to City Attorney It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried and City Manager that the City Attorney and City Manager be directed to investigate this claim and ~u- thorize payment if deemed appropriate. Verified claim for damages - A verified claim for damages in the amount Lola L. Haubeil, 94 "I" of $20.00 was filed by Lola Haubeil who Street, Chula Vista claimed that on May 6, 1974, she set out her trash container for garbage pick-up and thirty minutes after the pick-up the con- tainer was missing. Referred to City Attorney It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried and City Manager that the City Attorney and City Manager be directed to investigate this claim and au- thorize payment if deemed appropriate. Verified claim for damages - A verified clmim for damages in the amount Aurelia Blackwood, 527 First of $25..00 was filed hy Aurelia Blackwood. She claimed that on May 21, 1974, while at the Avenue, Chula Vista intersection of "F" Street and Del Mar Avenue, a hose from a Chula Vista Public Works truck broke and sprayed her car with tar. City Council Meeting 10 May 28, 1974 Referred to City Attorney It w~s moved hy Councilman Hyde, seconded by and City Manager Councilman Egdahl and unanimously carried that the City Attorney and City Manager be directed ~o investigate this claim and au- thorize payment if deemed appropriate. Recommendation of Chamber ~te Streets and Highways Committee of the of Commerce for change in Chamber of Commerce recommended that the cur- traffic control at inter- r~nt stop sign on Fifth Avenue at "K" Street section of Fifth Avenue be removed and placed on "K" Street thereby and "K" Street making the traffic on "K" Street come to a stop while traffic on Fifth Avenue would be through traffic. The Committee felt that this would relieve some of the pressures of heavy traffic on Fourth Avenue and Broadway diverting traffic onto Fifth Avenue for a north~south artery. Referred to City Manager It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this request be referred to the City Manager and the Safety Commission for recommendation. Chamber of Commerce The Sports Committee of the Chamber of Com- recommendation regarding merce reco~nended that the Council ask the creation of tennis complex County of San Diego to use revenue sharing at Rohr Park funds for participation in the creation of a tennis complex at Rohr Park. A letter to Supervisor Walsh from James Tennant, Acting Park Development Director, San Diego County, was received in which he recommended against the proposal based on (1) it would contribute toward establishing a precedent for participating with neighbor- ing jurisdictions in projects which do not meet the needs of nearby County areas; (2) difficulties in making funds available without hurting the regional park programs; current acquisition and development of Sweet- water Regional Park which could possibly in- clude tennis courts. Referred to staff and It was moved by Councilman Hyde, seconded by Parks and Recreation Mayor Hamilton and unanimously carried that Commission this matter be referred to the staff and Parks and Recreation Commission for recom- mendation. Chamber of Commerce The Sports Committee of the Chamber of Commerce recommendation regarding recommended that the City have the necessary cardio-resuscitation equipment as well as a person at the staffed equipment City sports facilities during the operative hours who is knowledgeable about cardio- pulmonary resuscitation and where to obtain the closest emergency assistance and trans- portation for persons who may be subject to heart attacks. Referred to City Manager It was moved by Councilman Hobel, seconded by Councilman Hyde and'unanimously carried that this matter he referred to the staff first, and then to the Parks and Recreation Commission. City Council Meeting 11 May 28, 1974 Request from Miss Helen Gohres The Heritage Day5 organization has cited the for Council consideration of following three authentic orchard houses as an historic site ordinance historic ~ites: (i1) 142 Second Avenue, north; (2) 10 Second Avenue, north; and (3) 666 Third Avenue. They asked that an historic site ordinance be drafted with the intent of investigating early orchard houses on original sites, one of which might be saved as part of the City's fine heritage. Suggestion for more Councilman Egdahl requested that Mifs Gohres information be asked for more information concerning this proposal -- what would be involved in this amd would the City be responsible for purchasing these sites. Legality of proposal Mayor Hamilton suggested the City Attorney be directed to report on this. Referred to City Attorney It wag moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this proposal be referred to the City Attorney so that he might pursue the matter with Miss Gohres and report back to the Council. EXECUTIVE SESSION The Council recessed to Executive Session at 8:35 p.m. and the meeting reconvened at 10:09 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:09 p.m. to the meeting scheduled for Tues- day, June 4, 1974 at 7:00 p.m.