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HomeMy WebLinkAboutcc min 1972/05/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 16, 1972 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Warren The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously car- ried that the minutes of the meetings of May 3 and 9, 1972, be approved, copies having been sent to each Councilman. ORAL COMMUNICATIONS Mrs. Kathryn Moore Mrs. Moore announced that a meeting, spon- 1134 Tobias Drive sored by the American Federation of Teachers, will be held in Mayan Hall, Southwestern College, on May 18, 1972 beginning at 8:00 p.m., in which Proposition 9 will be debated. John Sipula Mr. Sipula asked that the Council consider 268 Shasta Street putting in a flashing pedestrian light in the crosswalk on Jefferson and E Streets so that the elderly and young people can cross in safety. PUBLIC HEARING - Director of Planning Warren submitted a CONSIDERATION OF CHANGE pla% explaining that the applicant, Bart OF ZONE FOR PROPERTY LOCATED Corporation, is requesting the zone change NEAR NORTHEAST CORNER, THIRD for 2+ acres from R-3 to C-C-P. Mr. Warren AND PALOMAR added that in May, 1971 the applicant was granted prezoning to C-C-P for 3.9 acres to the north of this subject property. The zoning was granted subject to the approval of a precise plan, a subdivision map and a time limitation. The precise plan is now before the Council for approval. Public hearing opened This being the time and place as adver- tised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1397 - It was moved by Councilman Hyde that this REZONING PROPERTY NEAR ordinance be placed on its first reading NORTHEAST CORNER OF THIRD AND and that reading of the text be waived PALOMAR CONTAINING APPROXIMATELY by unanimous consent. The motion passed 2.15 ACRES FROM R-3 TO C-C-P - by the following vote, to-wit: First Reading AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PUBLIC HEARING - Director of Planning Warren submitted a CONSIDERATION OF CHANGE plat, noting the property in question as OF ZONE FOR APPROXIMATELY located on the west side of Fourth THREE ACRES OF PROPERTY Avenue, north of H Street. The zone LOCATED ON WEST SIDE OF change requested is from R-3 to C-O-P and FOURTH AVENUE a change of setback along Fourth Avenue from 25 feet to 10 feet. The site will be used for physicians' offices and auxi- liary hospital facilities and services. The precise plan shows a five-story building located near the southeast corner of the property. The remaining property will be used for parking. The apartments existing in the center of the develop- ment will be removed at some time in the future. The Planning Commission recom- mends rezoning to C-O-P. Public hearing opened This being the time and place as adver- tised, the public hearing was opened. William Bauer, Attorney Mr. Bauer submitted a rendering of the 625 Third Avenue proposed building. He discussed the lo- cation of the building which will be im- mediately opposite the main entrance of the hospital. This is necessary because the building will not only be an office building, but a complete medical services center of approximately 10,000 square feet to be used by the hospital adminis- tration. As soon as the building is constructed and leased, the cash flow will allow the developers to remove the apartment houses. They have no objection to a condition stipulating removal of the apartments when feasible. Mr. Bauer discussed the parking which could be used by the hospital during the evening hours. The entire complex is under one ownership. Director of Public Works Cole showed the ingress and egress of the proposed de- velopment. Future buildings In answer to Councilman Scott's inquiry, Mr. Bauer stated that if the community needs are there and it would be feasible to do so, the owners would put in addi- tional buildings in the future. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1598 - It was moved by Councilman Hyde that this REZONING PROPERTY LOCATED ordinance be placed on its first reading, ON THE WEST SIDE OF FOURTH with the added condition that the area AVENUE NORTH OF H STREET, presently designated as "existing apart- CONTAINING 3 ACRES, FROM ments" be completed as a parking area R-3 TO C-O-P - First Reading within the period of five years from the date of the effect of the ordinance. The reading of the text was waived by unani- mous consent, and the motion passed by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl~ Scott, Hobel, Hamilton Noes: None Absent: None - 2 - RESOLUTION NO. 6431 - This Assembly Concurrent Resolution has APPROVING CERTAIN AMENDMENTS been prepared in accordance with the re- TO CHARTER OF CITY OF CHULA quirements of the State of California for VISTA AT THE REGULAR MUNICIPAL ratification of the Charter amendments. ELECTION HELD THEREIN ON APRIL The resolution will be processed by 11, 1972 Assemblyman Wadie P. Deddeh. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6432 - Director of Planning Warren explained RESOLUTION OF CITY'S INTENTION that the annexation was initiated by TO ANNEX ARIZONA STREET - 1911 the City Planning Commission at the ACT ANNEXATION request of the Director of Public Works. It involves the south half of the portion of Arizona Street east of Broadway. The City Council has prezoned the property LAFC0 has authorized this annexation with the condition that the proceedings for the annexation shall not be completed until an agreement or contract has been entered into by the City and the Mont- gomery Fire Protection District for provision of structural fire protection within the existing boundaries of the district. The public hearing on this matter will be set for June 20, 1972. City Attorney's comments City Attorney Lindberg discussed his testimony to LAFCO during the several meetings held on this subject. It was understood that there was a need to afford the Montgomery Fire District a continuing viability. Chula Vista would do all in its power to assist in this effort as long as the City could maintain a proper level of fire protection service for those areas already annexed to the City, and that the City would not be jeopardizing the taxpayers of Cbula Vista in carrying this out. LAFC0 pointed out that the City of Chula Vista and the Montgomery Fire District were to enter into this agreement prior to submission of the ordinance for ratification by the Secretary of State. Mr. Lindberg felt it was up to LAFCO to examine the efforts of both parties in this agreement. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6433 - In a report to the Council, Director of APPROVING AMENDMENT TO Public Works Cole reported that the agree- COOPERATIVE IMPROVEMENT ment was executed on June 3, 1970 (Resolution AGREEMENT WITH COUNTY OF No. 5644) and stated that it becomes null S3dq DIEGO FOR CONSTRUCTION and void "if the City is unable to nego- OF H STREET tiate an agreement with the California Division of Highways for the construction of a grade separation at Interstate Route 805, and an agreement with the owner or developer of the land for the construction of H Street, easterly from Interstate Route 805 to Otay Lakes Road, within two years of the date of the agree- ment." Negotiations are being made with the developer but it is evident that the agreement will not be consumated prior to the expiration of the cooperative agreement between the City and County; therefore, an extension to June 3, 1973 is being requested. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Councilman Egdahl noted that the body of the resolution referred to the "City" of San Diego. This should be changed to the "County" of San Diego. RESOLUTION NO. 6434 - On April 25, 1972, the Engineer of Work ACCEPTING ASSESSMENT DIAGRAMS filed with the Superintendent of Streets AND CONFIRMING DATE OF PUBLIC and the City Clerk the assessments for HEARINGS FOR ARIZONA STREET, the Arizona Street 1911 Act Assessment ASSESSMENT DISTRICT ~70-2, AND ALLEY District, #70-2, and the alley improve- BETWEEN CHURCH AND DEL MAR AVENUES, ment between Church and Del Mar Avenues, E TO DAVIDSON STREETS, ASSE$S~NT E to Davidson Streets, Assessment District DISTRICT #70-1 #70-1. The City Clerk has set the date of June 13, 1972 at 7:00 p.m. as the time for a public hearing for the Council to hear protests by interested parties. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6435 - In accordance with the employment letter APPROPRIATING FUNDS FOR dated January 7, 1972, O'Melveny and LEGAL FEES - BOND COUNSEL Myers, Bond Counsel, has billed the City for the base fee of $1,000.00 for legal services rendered in connection with the 1972 Civic Center general obligation bonds - Proposition A. A cash disburse- ment in the sum of $10.85 is added to cover the long distance telephone calls. - 4 - John Sipula Mr. Sipula questioned the need for this 268 Shasta Street appropriation. City Attorney Lindberg explained the basic fee charged by the bond counsel in providing the City with the appropriate resolutions and calendar prior to a bond election. If the bond election were passed, then the sale of the bonds would have to take place. Bond buyers require that there be an assurance from bond counsel that every legal step has been taken and there is no possibility at some time in the future of taxpayers objecting to service on the bonds, or anything else that could jeopardize the sale of these bonds. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6436 - It has been the policy of the Parks and APPROVING REVISION OF Recreation Commission to review policies POLICIES AND FEES FOR USE and fees for the use of recreation OF RECREATION FACILITIES facilities on a biennial basis. At their meeting of April 15, 1971, the Commission approved several revisions now being offered to the Council for consideration. Age change Councilman Hyde noted that under #4 of the General Rules, permits are issued to persons 21 years or older. This should be changed to 18 years in accordance with the change of laws in California. Dennis Smith Mr. Smith explained that the policy Recreation Superintendent was set up prior to California's new ruling on the age law, and this will be changed to read 18 years old. Sectarian rule Councilman Egdahl noted the #7 provision refers to eliminating sectarian groups from using the facilities. Councilman Scott pointed out that it refers to the facility being used for church purposes, and not church groups. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6437 - At the public hearing on Phase 14 of AUTHORIZING THE DEFERRAL the 1911 Block Act, held March 21, 1972, OF INSTALLATION OF CERTAIN a request was made for a 90-day extension PUBLIC IMPROVEMENTS ON of time in which to install required PROPERTY OWNED BY SABURO street improvements. The request was AND HARUKO MURAOKA, LOCATED made so as to permit time for develop- ON EAST SIDE OF SECOND AVENUE, ment of plans for the on-site develop- FROM PALOMAR STREET TO 620 ment of the property, and to assure the FEET SOUTH proper placement of driveways to serve the on-site-development. An additional request has now been made for a six-month extension of time in order to prepare the filing of a subdivision map. A lien agreement has been executed by the property owner guaranteeing installation of the required improvements prior to the expiration of a 180-day extension in time. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION APPROVING Director of Planning Warren submitted a TENTATIVE MAP OF report, noting that at the meeting of CANDLEWOOD SUBDIVISION May 2, 1972, the Council considered the map and deferred adoption of the resolu- tion until such time as the matter of open space acquisition could be discussed in conference session. At the gay 10, 1972 conference, the Council directed staff to negotiate further with the developer concerning such acquisition ~nd to make a final recommendation in that regard to Council. In view of the above, it is requested that action on this resolution be deferred to June 6, 1972. Matter continued It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this matter be continued until the meeting of June 6, 1972. REQUEST FROM DEPARTMENT OF Recreation Superintendent Smith submitted PARKS AND RECREATION FOR a written report to the Council requesting AUTHORIZATION OF A PENNY permission to hold a children's parade CARNIVAL AND THE CLOSING and carnival on June 3, 1972. The pro- OF CITY STREETS FOR posed route of the parade has been re- CHILDREN'S PARADE viewed by the Police Department. They see no significant traffic problems and officers will be assigned to super- vise the activities. Permission granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously car- ried that approval be given to the request for permission to hold a children's parade and carnival on June 3, 1972. ORDINANCE NO. 1399 - At the meeting of May 9, 1972, the public REZONING PROPERTY LOCATED hearing on this matter was closed, but AT 619-625 MANKATO STREET the first reading of the ordinance was FROM R-2 TO C-T-P - First deferred to this meeting and the staff reading was directed to meet with the applicant in an attempt to reach an agreement on plans for additional landscaping. Director of Planning Warren stated that the staff has been unable to contact the developer, but the City's Landscape Planner has recommended that the proposed masonry wall be continued on along the northerly property line of the new parking area and that trees utilized elsewhere in the landscaping plan be planted along this line. Ordinance placed on first reading It was moved by Councilman Egdahl that this ordinance be placed On !t~ f~r~t reading and that the reading of the text be waived by unanimous consent. The motion passed by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1396 - A public hearing to consider this change REZONING PROPERTY AT of zone was conducted at the City Council 589-595 VANCE STREET meeting of April 25, 1972. The ordinance FROM R-2 TO C-O-P AND was placed on its first reading at the CHANGING FRONT SETBACK meeting of May 9, 1972. FROM 0 TO 10 FEET - Second reading and adoption Ordinance placed on second It was moved by Councilman Hobel that reading and adoption this ordinance be placed on its second reading and that the reading of the text be waived by unanimous consent. The ordinance was;passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None STATUS REPORT ON GOLF COURSE City Manager Thomson explained that RESTAUR~T/BAR LEASE the City Attorney is to meet with Mr. Dick Agee's attorney tomorrow to dis- cuss the lease agreement. Mr. Agee indicates that he is trying to get together a total package toward the goal of a restaurant operation, in the neighborhood of three-quarters of a million dollars of construction, and this will be over a twenty year amortization period. Also, if it can be worked out, he will be proposing a motel arrangement of approximately one and one-half million dollars. This Would be a lease arrange- ment over a fifty year period. City Attorney Lindberg confirmed the meeting date and stated he would have a report for the Council at the Conference scheduled for 3:30 p.m., May 17, 1972. It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously car- ried that the report be accepted, with the anticipation that a further report will be submitted to the Council on May 17, 1972. REPORT ON FENCE BETWEEN Director of Planning Warren submitted a BALBOA BANK AND 415 SHASTA report, explaining that the staff has made contact with b{r. Barrick of Balboa Bank concerning the complaint of Mr. John L. Scrimiger, 415 Shasta Street, that the wall separating his property and that of the bank would be only a retaining wall three f~e~tabove the ground level on the bank's property. Mr. Barrick has agreed to increase the overall height of the wall to 4-1/2 feet, and this is acceptable to Mr. Scrimiger. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON TAXICAB RATE Director of Finance Grant submitted a INCREASE REQUEST - report to the Council stating that he DIRECTOR OF FINANCE has reviewed the City of San Diego's rate study and taxicab operations. Based on his study, he would recommend approval of the rate increase requested by San Diego Yellow Cabs, Inc., and Diamond Cab Company. Set for hearing It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously car- ried that the report be accepted and the matter be set for public hearing on June 20, 1972. Survey to be made Councilman Hyde requested that a survey be made to see if there are other cities of comparable size in California that may have rate schedules equal to or lower than that indicated in the Finance Director's report. In answer to Councilman Hyde's inquiry, Mr. Grant stated that the rate study made by the City of San Diego was conducted by an expert rate consultant. NATIONAL POLICE WEEK Mayor Hamilton announced that this was National Police Week. The Chula Vista Police Department is conducting tours of the facility all of this week. Mayor Hamilton urged all citizens to take ad- vantage of these tours. LEAGUE OF CALIFORNIA Mayor Hamilton announced that the next CITIES DINNER dinner meeting will be held in Oceanside on May 25, 1972. The discussion will be on Proposition 9 - Clean Air. Any Councilman wishing to attend should make his reservations with the City Clerk. GUEST CO~gtlSSIONERS Councilman Scott questioned why there have not been any guest commissioners for the last few meetings. City Clerk Fulasz explained that there were just a few names left on the present list, and it was becoming quite difficult to find a commissioner to attend a meeting. After consulting with the Mayor, it was agreed to wait until after the vacancies on the commissions have been filled, and then start again with the list. C P O MEETING Councilman Hobel reported on the meeting he attended on May 15, 1972 in which the funding of the Comprehensive Planning Organization was discussed, Four cities have reported thus far, all backing the program core concept. The other cities will report within the next ten days. - 8 - The question was raised at the meeting as to changing the by-laws to state that CPO was also a Council of Governments. The County Counsel stated this would not change the joint powers agreement. He added that CPO would be considered a regional body in the disbursement of funds under Senate Bill 325. CO~4UNITY BEAUTIFICATION Councilman Hyde stated that he met with AWARDS the Beautification Awards Committee. A recommendation was made that plans be made to hold a Community Awards Program during the time of the Fiesta de la Luna. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously car- ried that firm plans be made to hold a Chula Vista Community Recognition Day Program during the Fiesta de la Luna activities this year. Included as part of the Program will be the geautification Awards which will be presented to winners of the Beautification Awards Program. Funds for this program will be provided for under the 1973 Fiscal Year Budget under Community Promotions. SIGN ORDINANCE Councilman Egdahl referred to the memo sent by the Director of Planning in which he requested Council action on the signing ordinance. Councilman Egdahl suggested this item be included on the agenda of the Council Conference tomorrow, May 17, 1972. Councilman Scott asked that this be held in one week in order to allow time to noti£y any interested parties who may wish to attend the meeting. Councilman Egdahl withdrew his suggestion indicating he would wait for further word from the Director of Planning as to the time of the meeting. FIFTH TUESDAY Councilman Hobel questioned whether a meeting has been scheduled for the fifth Tuesday of this month. Mayor Hamilton indicated that, because of the holiday, no meeting is scheduled. MEETING OF BOARD OF SUPERVISORS Mayor Hamilton reported on the meeting held by the Board of Supervisors to which all Mayors and Councilmen were invited. The Board voted to pass the 1-1/4% sales tax, and are now looking for direction as to who should handle the Senate Bill 325 money. ABSENCE FROM COUNCIL Councilman Hyde reported that he will be absent from the Council meeting of June 27, 1972 because of vacation. WRITTEN CO~IMUNICATIONS Correspondence from San Diego County The San Diego County Flood Control District Flood Control District Regarding is requesting a meeting with the City Relationship Between City and Council to discuss the matter o£ San Diego County Flood Control achieving a closer and more effective District cooperation between the Flood Control District and the thirteen cities within the District's territory. In their letter, they list several advantages to the cities from having a closer coopera- tion with this flood control zone. Referred to staff It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that this be referred to staff. Correspondence from Mr. Cunningham, Derby Chairman, Chula L. Cunningham, Chula Vista Jaycees, is requesting permission Fista Jaycee~ Regarding to hold their annual Orange Crate Derby Permission to Hold on June 4, 1972, on H Street, between Orange Crate Derby Hilltop and First Avenue. They are also requesting the use of H Street from 11:30 a.m. to 2:30 p.m., and the assistance of the Police Department to control traffic. Approved and referred It was moved by Councilman Hyde, seconded to staff by Councilman Scott and unanimously carried that this matter be approved and referred to staff for necessary coordination. Verified claim against Barbara C. M¢Cann, 877 Country Club City - Barbara McCann Drive, has filed a verified claim for damages in the amount of $78.00. She claims her automobile was run into by a City employee while it was parked at Greg Rogers Park on Oleander Avenue. The incident occurred on April 26, 1972 at 10:30 a.m. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobel and unani- mously carried that the claim be denied. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:30 p.m. to the meeting scheduled for 3:30 p.m. on Wednesday, May 17, 1972 in the Council Conference Room. City (Clerk ~ff - 10 -