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HomeMy WebLinkAboutcc min 1972/03/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday March 28, 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, ttobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Assistant Director of Public Works Roberts, 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 Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of March 21, 1972 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST CO~ISSIONER Mayor Hamilton introduced Mrs. Margaret Helton, member of the Human Relations Commission, as guest commissioner for this meeting. ORAL CONNUNICATIONS Herb Lathan Mr. Lathan stated he was requested by the 631 Carla Street Director of the Veteran's Administration to find a place in Chula Vista where a representative of the Administration could come down one day a week to help people with the problems associated with the Veteran's Administration, such as home loans, etc. He would prefer that it be a space within the Civic Center complex. It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously car- ried that the staff find a suitable space for this representative. PUBLIC HEARING - CONSIDERATION OF Director of Planning Warren submitted a PREZONING OF PROPERTY LOCATED ON plat noting the location of the property. THE SOUTH SIDE OF ARIZONA STREET, The prezoning is to R-$ and includes 3.18 200' BAST OF BROADWAY acre~ of land with lot sizes ranging from approximately 3,600 square feet to 19,800 ~quare feet. Existing County zoning is R-S; the General Plan designates the area as medium density residential. The Planning Commission recommends approval. Mr. Warren noted that the recent Castle Park Zoning Study by the County Planning Department resulted in a rezoning of the property from R-2 to R-3. The annexation of the area is still pending before the Local Agency Formation Commission. At the initial LAFCO hearing, opposition was heard from a representative of the Mont- gomery Fire District. Public hearing opened This being the time and place as adver- tised, the public hearing was opened. Opposition to annexation Councilman Scott commented that if there was opposition to the annexation, perhaps the staff should not proceed with it. Mayor Hamilton indicated he would like to know the reasons for the opposition. City Attorney Lindberg explained that there is a great deal of confusion with the annex- ation and the 1911 Block Act--as to which one the people are actually opposing. At this time, a determination cannot be made as to whether a majority protest exists. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO 1392 - PREZONING It was moved by Councilman Hyde that this TO R-3, 3.18 ACRES LOCATED ON ordinance be placed on its first reading THE SOLrrH SIDE OF ARIZONA STREET, and that reading of the text be waived by 200' EAST OF BROADWAY - FIRST unanimous consent. The motion carried by READING the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PUBLIC HEARING - CONSIDERATION City Attorney Lindberg explained the OF OPEN SPACE DISTRICT PROCEDURAL proposed ordinance as one providing an ORDINANCE OF 1972 assessment process similar to that of the 1911 Act for acquisition, development and maintenance of open space and park areas. The ordinance would consider a means for formulating districts when presented with a petition signed by the owners of 2S% of the total assessed value of land only within the district. The staff submits a preliminary report and the planning Commission forwards a recommendation to City Council. A public hearing is then set. If a major- it~ of.protests is made at the hearing, all proceedings shall be terminated. If no majority protests are made, the Council may adopt a resolution ordering the formu- lation of the district. El Rancho del Rey - comments Mr. Lindberg added that the E1 Rancho del Rey developers have reviewed the proposed ordinance a~d have made the following requests for changes: (I) The ordinance should clearly spell out the types of areas: natural unde- veloped areas, constructed slope areas not part of individual lots, etc. (2) Maintenance - The City should maintain out of general tax revenues areas that will be open to the general public such as large wilderness parks or other recreational facilities. (5) It is unclear what the relationship will be between the proposed ordinance and the existing statute providing for parks or in lieu fees. (4) The ordinance should authorize the City to construct improvements such as recreational buildings, swimming pools, etc. (5) A time limit should be set in Section 3S.214 for the preparation of the report. Delay requested City Attorney Lindberg asked that the hearing be continued and that these revisions be made in the ordinance and redistributed to - 2 - all interested parties Director of Planning %qarren remarked that the San Diego Building Contractors' Association has asked to meet with the staff on April 12. Mr. Warren suggested a one-month continuance. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton declared the hearing opened. William Johns, Attorney Mr. Johns stated he is representing the S39 "B" Street E1 Rancho del Rey developers. He com- mented that the City Attorney presented their case very well and requested con- sideration of the postponement. Katherine Moore Mrs. Moore questioned whether the general South Bay Citizens public would be able to use an area put- Planning Committee chased and maintained by the people in a certain district. City Attorney Lindberg explained that under this ordinance, all land acquired would become public dedicated park lands. Eugene Coleman Mr. Coleman stated he is speaking in op- 1670 Gotham Street position of the ordinance. He questioned whether the present ordinance was ade- quate to provide the necessary land for open space. He felt the City should provide the open space for the people, and not assess them to pay for it. Council discussion ensued as to the purpose of the ordinance. Frederick A. R. Drew Mr. Drew commented that he was speaking 1275 Banner Avenue neither for nor against, and questioned who was liable for maintaining the areas between a sidewalk and curb, and an area between his home and the San Diego Gas & Electric Company right-of-way. City Attorney Lindberg explained that it is assumed that rights-of-way in front of Homes be maintained by that property owner. Mr. Lindberg discussed slope areas that are part of a single family lot and are beyond a fence or wall extending to a public right-of-way. A solution to these problem areas would be to utilize this type of district ordinance. Council discussion Discussion was held by the Council and Attorney relative to certain aspects of the ordinance: deeds of land, maintenance, use of City forces, and failure to pay Distribution of ordinances In answer to Councilman Hobel's inquiry, the City Clerk stated she sent out approxi- mately 20 copies of the proposed ordinance on March 16 to a list compiled with the cooperation of the City Attorney and Director of Planning. A copy of the re- vised ordinance will be sent to this same list. Continued for one month It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously car- ried that this hearing be continued for one month - to the meeting of APril 2S, 1972. - $ - RESOLUTION NO. 6375 APPROVING The Council, at its regular meeting of REQUEST FOR EXTENSION OF TIME March 21, accepted the report of the Director ON CONTRACT FOR REMODELING AND of Public Works regarding a request for ALTERATION OF CITY HALL time extension and authorized preparation of resolution granting 65 days, extending the completion date of the contract from February 21 to April 26, 1972. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION - PROVIDING FOR In a report to the Council, the Director SPECIAL APPROPRIATION OF FUNDS of Public Works reported that all items FOR FINAL PAYMENT ON POLICE have been completed on the police facility FACILITY relative to clean up and other required work. It is now necessary to make final payment to the contractor. The resolution appropriates the amount of $5,084.64 neces- sary for this final payment. Councilman Egdahl commented that he did not receive the reports associated with this resolution. Continued for one week It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be continued for one week. RESOLUTION NO. 6376 APPROPRIATING In a written report to the Council, the FUNDS TO PURCHASE STREET TREE MAIN- Director of Public Works submitted the TENANCE EQUIPMENT list of additional personnel and equip- ment required by the Street Tree Main- tenance Section to maintain City street trees at a level consistent with the goals of the recently adopted tree maintenance policy. It is being recommended that a Senior Tree Trimmer, Tree Trimmer and Maintenance Man be hired in July to form one additional tree maintenance crew. It is further recommended that a 35' aerial personnel lift and miscellaneous other equipment be purchased immediately to implement this program. The amount of $50,500 is being requested to be appro- priated from the fund balance of the general fund for the immediate purchase of these items. 3/4 Ton Truck Councilmen Scott discussed the need of the 3/4 ton truck at this time. He suggested this appropriation wait until budget time to check priorities of need. Motion to delete It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously car- ried that the 5/4 ton truck be deleted in this appropriation. Mobile Radio Unit Councilman Scott questioned the need for another mobile radio unit. -4 - Assistant Director of Public Works Robens explained the emergency calls and the con- venience of having the mobile radio unit. Motion to delete radio unit It was moved by Councilman Scott that the $840 for the appropriation of a mobile radio unit be deleted. No second to motion The motion died for lack of second. 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. 6377 APPROVING Director of Planning Warren submitted the TENTATIVE MAP OF LARKHAVEN tentative map noting the location as en- SUBDIVISION, UNITS 1 AND 2 compassing 28.7 acres bisected by Orange Avenue. Units 1 and 2 will be developed with 116 single family dwellings. Mr. Warren reported that to meet the park dedication needs, American Housing Guild (the developers) will dedicate 7 acres of property lying north of Orange Avenue; Henry Rienstra (owner of the property) will donate an additional 7 acres, and the developers will donate $33,000 for development of the 7 acres. The Planning Commission recommends approval with the recommendation that an additional S-acre park site be located south of Orange Avenue. Mr. Warren detailed the park sites in this area (approximately 30 acres). Cost of S-acre parcel The Council questioned the approximate cost of acquiring the 5-acre parcel. City Manager Thomson indicated the City received an unofficial price of $S0,000; there is then the cost of improving the area. In answer to Councilman Hyde's questions, City Attorney Lindberg explained that in lieu fees of any circumstances should be available for acquisition or development of park land any place within the park service district without a demand that it be specifically earmarked for that park acquisition or maintenance of an area of closest proximity to the subdivision. Councilman Hyde suggested this be made a condition of the resolution. Jerry ninton Mr. Linton stated it was his understanding American Housing Guild that the 14 acres being dedicated by American Housing Guild would satisfy the total park requirement for their entire development (Units 1, 2 and 3). In addi- tion, they are donating $35,000 toward development of the park. They have given up a choice S-acre parcel for the City to purchase from Mr. Rienstra. - 5 - Continuance suggested Councilman Hyde suggested this matter be continued and the staff find out the cost of the acquisition of the property, and the cost of developing the property in terms of improvements, such as the drainage problems. Recess A recess was called at 8:47 p.m. and the meeting reconvened at 9:00 p.m. Resolution offered Offered by Councilman Hyde, with one exception: a modification be made stating that the $$S,000 shall be available for development or land ac- quisition within the park service dis- trict concerned. Park site commitment The Council discussed whether or not, by approving the resolution, a commitment was made as to the S-acre park site. City Attorney Lindberg explained that the Council is defining the subdivision boun- daries of the two units shown. If, in the future, the Council wishes to reject the S-acre park site, this can be done. The S-acre parcel is not part of the subdi- vider,s property. The motion to approve the resolution passed by the following vote, to-wit: AYES: H~de, Egdahl, Hobel, Hamilton Noes: Scott Absent: None ORDINANCE NO. 1390 AMENDING At the City Council meeting of March 21, ORDINANCE NO. 1572 RELATING 1972, this ordinance was approved and TO THE IMPOSITION OF A placed on its first reading. It is now MORATORIUM AND ESTABLISHING placed before the Council for its second A PROCEDURE FOR THE ELECTION reading and adoption. OF A NEW ADVISORY COMMITTEE - DOWNTOWN BUSINESS IMPROVEMENT AREA - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1591 AMENDING At the Council meeting of March 21, 1972, SECTION 28.302 OF SUBDIVISION this ordinance was approved and placed on ORDINANCE TO ALLOW FOR TITLE its Eirst reading. It is now before the GUARANTEE IN LIEU OF CERTIEI- Council for its second reading and CATE - SECOND READING AND adoption. ADOPTION. Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None STATUS REPORT ON BI-LINGUAL In a written report to the Council, City DIFFERENTIAL Manager Thomson reported that the Civil Service Commission has indicated general conceptual agreement of the bi-lingual pay differential plan, and has asked the Manager's office to forward a plan of approach. A status report has been submitted to the Council and sent to the Director of Personnel. It will be reviewed by the Civil Service Commission and a report will be back to the Council. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the status report be accepted and final action be deferred until a formal proposal is submitted. REPORT ON THIRD AVEN~ In a written report to the City Council, RESTRIPING, "J" to "L" The Director of Public Works stated that STREETS - Director of a thorough investigation has been made of Public Works this area and it is recommended that all parking on Third Avenue between J and L be eliminated and that 2-way left turn lanes be installed throughout the entire reach. Mr. Cole noted the traffic count per day in this area and the number of accidents. He added that with the construction of the Post Office and the proposed Chula Vista Office Center on the east side of Third, between K and L, additional traffic will be generated which will add to the con- gestion in this area. The Safety Commission approved 2-way left turn lanes on Third Avenue from J to K at its meeting of March 22, 1972. Notification of business Councilman Scott asked if all the businesses merchants along Third Avenue have been notified of this recommendation. Mr. Robens, Assistant Director of Public Works, stated they have not. Report held over It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be held over until such time as all these businesses have been notified. COURSE IN CITY GOVERNMENT Mayor Hamilton announced that the fourth session will be held on Wednesday, March 29, 1972, at 7:00 p.m. in the Council Chamber. The program will be presented by the Public Works, Fire, and Police Departments. EASTER EGG HUNT INVITATION Mayor Hamilton reminded the Council and the public of the invitation to the City- wide Easter Egg Hunt and Parade to be held at CmeggRogers Park from 10:30 a.m. to 1:50 p.m. on March 29, 1972. - 7 - STATEWIDE TAX AND LEGISLATIVE Mayor Hamilton reported that the League of CONFERENCE California Cities is holding a Statewide Tax and Legislative Conference on April 26 and 27 in Sacramento. Any Councilman wishing to attend should contact the Clerk for reservations. Permission given City Clerk It was moved by Councilman Hobel, seconded to attend Conference by Councilman Hyde and unanimously carried that the City Clerk be given permission to attend the City Clerks' Institute on May 10-11-12 in Monterey, sponsored by the League of California Cities. BIKE PATHS Councilman Egdahl asked for a staff report on plans for a bicycle path up Otay Lakes Road, in the new widening of this road in which the City cooperated with the County (up to the college). GRADING ON PRIVATE DRIVEWAYS Councilman Egdahl asked whether the sub- division ordinance precludes the problem raised at the last meeting -- that of driveways not being connected to garages and unusable. City Attorney Lindberg stated the subdivi- sion ordinance is presently being amended to incorporate the matter of gradings on private driveways. ENVIRONMENTAL CONTROL REQUEST Councilman Egdahl asked that the Compre- FOR C P O REPORTS hensive Planning Organization be requested to place the Environmental Control Commis- sion on their mailing list. This is in response to the request by ECC that they receive these reports for evaluation. Council discussion Council discussion followed as to the exact request by HCC. Councilman Hobel in- dicated the ECC wanted to be a part of the study prior to CPO meetings. Based on the timing schedule, this becomes impossible since it would be almost one week's time before reports go through the technical and policy committees. Motion for ECC assistance It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the City Manager respond to the ECC, on behalf of the City Council, that he would be willing to have the ECC provide information as an assisting source in parallel with and independent of the staff process. Staff assistance to ECC Councilman Scott discussed the issues before the ECC. He remarked that someone of an environmental background in the Planning staff should attend ECC meetings - someone who is conversant with environmental issues. City Manager Thomson explained the staff's assistance to ECC at the present time. -8 - Motion for reevaluation of It was moved by Councilman Hyde that the staffing arrangements City Manager reevaluate the staffing ar- rangements for the Environmental Control Commission and make recommended modifica- tions, if any. Mr. Thomson explained that in the tenta- tive budget, under General Services, a position of Environmental Analyst is being proposed. Motion withdrawn Councilman Hyde withdrew his motion. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:55 p.m. to the meeting scheduled for Tuesday, April 4, 1972 at 7:00 p.m. City Clefk~ ~ - 9 -