Loading...
HomeMy WebLinkAboutcc min 1972/01/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 11, 1972 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7 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, Assistant City Manager Bourcier, Depnty City Attorney Blick, Director of Planning Warren The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a m~ment of silent prayer. APPROVAL OF COUNCIL MINUTES Councilman Scott asked that the minutes of the meeting pertaining to the beverage con- tainer ordinance be amended to reflect the motion that it be referred to the staff and not set for public hearing, as indicated by the minutes. It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of January 4 and 5, 1972, be approved as amended, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton stated that Mr. John Sinatra, COMMISSIONER member of the Library Board, guest commissioner for this meeting, called stating he would not be able to make the meeting. PUBLIC HEARING - CONSIDERATION Director of Planning Warren submitted a plat OF APPEAL OF JOHN Lo D~4 OF noting the location of a fence built by the PLANNING COMMISSION DENIAL OF applicant at 985 Nacion Avenue. The 6-foot VARIANCE APPLICATION high wooden fence was constructed without a building permit. The request for a reduction in front yard setback from 15 feet to 0 was denied by the Planning Cormmission at the meet- ing of December 12, 1971, based on the fact that no particular hardship or unusual circum- stances unique to the property could be found that would justify the reduction in setback. The City Council continued this item from the meeting of January 4, since a full Coun- cil was not present. It takes a 4/5 vote of the Council to overrule the Planning Commis- sion decision. Public hearing opened This being the time and place as advertised, the public hearing was opened. Mr. John L. Dow, 985 Nacion Mr. Dow, the applicant, showed pictures of Avenue his constructed fence and of an accident which occurred at the corner of his lot. He stated there had been five accidents here in the last four months. He referred to the letters sub- mitted from his neighbors stating they had no objections to the fence. He added that if his variance appeal is denied, he would request that the City construct a barricade in front of his property to protect and safeguard his children from possible future accidents. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Director of Planning's cormnents In answer to Council's inquiry, Mr. Warren stated that the staff felt two points should be considered: (1) there are no dwellings to the south of the applicant's home; (2) the State freeway fence meets the applicant's fence at the northeast corner. If they were given a choice, the staff would have recom- mended that a 5-foot setback with landscaping be approved. Motion to grant variance It was moved by Councilman Scott, seconded by Councilman Hobel that the variance be granted with the condition that the parkway and the 18-inch strip in front of the fence be land- scaped, subject to the approval of the Plan- ning Department. Council discussion Council discussion ensued over the request to make something legal which was constructed illegally. Councilman Hyde stated he objected to the "substandard" fence constructed. Substitute motion Councilman Hyde moved that the variance be approved for the property at a setback not less than 5 feet from the property line with landscapting and materials for the fence as recommended by the staff. No second to motion The motion died for lack of second. Original motion fails The motion made by Councilman Scott to grant the variance with the landscaping condition felled by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None Motion for diagonal line of fence It was moved by Councilman Egdahl that the variance be granted and that the setback not be along the entire length of the fence equally. The fence to begin at that point where the State fence meets that of the appli- cant's; the fence to move diagonally to the first post back, which is 8 feet;i!landscaping along the fence and sidewalk be put in. No second to motion The motion died for lack of second. Motion for 5-foot setback It was moved by Councilman Hyde that the variance be approved for a setback of not less than five feet for the entire length of the property with the fencing and landscaping materials to be approved by the staff. No second to motion The motion died for lack of second. Motion to refer to Planning It was moved by Mayor Hamilton, seconded by Commission Councilman Scott and unanimously carried that this matter be referred back to the Planning Commission for re-evaluation and restudy, and submit a report back to the Council. Mayor Hamilton cormnented that perhaps brick or other materials might be used to make the fence more aesthetically pleasing and land- scaping be put in. Request for action Mr. Dow requested that a decision be made tonight. -2- RESOLUTION NO. 6305 - INTEREST AND The General Municipal Election is scheduled NECESSARY REGARDING CHULA VISTA for April 11, 1972. On July 21, 1971, the CIVIC CENTER-LIBRARY DEVELOPMENT City Council moved to proceed with a bond BOND ISSUE election for the Library complex. This was reaffirmed at the January 5, 1972 meeting, and an amount of three million dollars was set as the bond issue. In order to comply with the legal require- ments calling a bond election, the resolution of interest and necessity is necessary as a first step. The Council approved hiring the firm of O'Melveny and Mayers, bond counsel and Stone and Youngberg, financial consult- ants, to handle the details of the bond elec- tion. 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 RESOLUTION NOo 6306 - REQUESTING The resolution requesting the Registrar of THE BOARD OF SUPERVISORS, COUNTY Voters to conduct the election is standard OF SAN DIEGO, TO PERMIT THE procedure for the City. This election will REGISTRAR OF VOTERS TO CONDUCT be coordinated with that of the School Dis- THE GENERAL MUNICIPAL ELECTION trict. TO BE HELD APRIL 11, 1972 Offered by Councilman Scott, the reading of the text was waived by unanimous consent, Resolution offered passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6307 - APPOINTING In order to expedite execution of the numerous THE REGISTRAR OF VOTERS, COUNTY documents pertaining to an election: it is OF SAN DIEGO, DEPUTY CITY CLERK advantageous to appoint the Registrar of OF THE CITY OF CHUIA VISTA, TO Voters as Deputy City Clerk. FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE Offered by Councilman Scott, the reading of GENERAL MUNICIPAL ELECTION the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: Resolution offered AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6308 - ESTABLISH- The cost of printing and mailing a statement ING A SPECIAL FEE FOR CANDIDATES of qualifications, along with a photograph of IN MUNICIPAL ELECTIONS TO DEFRAY the candidate, has been set at $150. This is THE PRO-RATA SHARE COST OF PRINT- strictly voluntary on the part of the candi- INGAND HANDLING STATEMENTS OF date, and any amount over and above the actual QUALIFICATIONS cost of the printing and mailing will be re- turned to the candidate° 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: Non~ -3- RESOLUTION NO. 6309 - APPROVING, IN In a report to the Council, the City Clerk CONCEPT~ RECOI~4ENDATION FOR A explained that a request from the Environ- HOLDING CAPACITY STUDY AND mental Contr0i Co~aission was submitted to MORATORIUM OF DEVELOPMENT the Council on November 16, 1971, requesting support of a resolution placing a moratorium on development growth in the County until such time as a carrying capacity of the region can be determined. After hearing testimony from a representative of '~esser San Diego," the Planning Commis- sion took the position that no moratorium be placed on planning and building until a fur- ther study is made by experts in this field. At the meeting of December 7, 1971, the Coun- cil directed that a resolution be brought back stating that the Council approves the request, in concept; the Board of Supervisors be re- quested to consider the possibility of not changing agricultural lands to a higher density, and the Legislators be contacted about ~he assessment practices that promote premature development. 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 RESOLUTION NO. ~ - APPROPRIAT- This resolution amends the Golf Course Pro- ING FUNDS FOR GOLF COURSE fessional's contract. The contract states PROFESSIONAL that all green fees collected shall be the exclusive property of the City provided, however, the City shall pay the Professional an amount equal to 4.5% of the gross greens fee revenue commencing January 12, 1972. The amount to be appropriated through March 31, 1972 iS $2,445.10. 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 NO. ~3i~t-- AMENDING This amendment to the Golf Professional's AGREEMENT WITH GOLF CO~RSE contract now provides that he pay for insur- PROFESSIONAL ance in those areas where he has primary responsibility. These areas are the Pro Shop, Driving Range and operation of the golf carts. The City's general insurance policy covers all other insurance necessary. 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 -4- RESOLUTION AMENDING RESOLUTION The P.E.P. Coordinator has been informed by NO. 6240 RELATING TO PUBLIC the County that additional modifications to EMPLOYMENT PROGRAM the resolution are necessary. Rather than handle these amendments separately, it is requested that this item be continued to the next meeting in order to coordinate them in one submission to the Council. Matter continued It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this item be continued for one week. ORDINANCE NO. 1373 - REZONING In a written report to the Council, the PROPERTY EAST OF OTAY LAKES ROAD, Director of Planning explained that this NORTH OF BONITA VISTA JUNIOR HIGH involves 10 acres of property. The rezoning SCHOOL, FROM R-E TO R-i-IO-P - was based upon a Planned Unit Development. SECOND READING The second reading of this ordinance has been deferred several times because of problems relating to the location of the entry road for this development. The matter or relocat- ing the entry drive has now been referred to the Planning Commission for its meeting of January 17, 1972; therefore, it is requested that second reading on this ordinance be de- ferred to the meeting of January 25, 1972. Second reading deferred It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the second reading be continued to the meeting of January 25, 1972. ORDINANCE NO. 1379 - PREZONING This ordinance involves prezoning to A-8 land 497.61 ACRES LOCATED NORTH OF located north of Otay Valley Road, bounded on OTAY VALLEY ROAD AND EXTENDING the west by the present City limit s and on TO EASTERN BOUNDARY OF RANCHO the north by property owned by the County of DE LA NACION - SECOND READING San Diego AND ADOPTION It was moved by Councilman Hyde that this ordinance be placed on its second reading Ordinance placed on second and that reading of the text be waived by reading unanimous consent. The ordinance was passed and adopted by the following vote~ to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PRELIMINARY REPORT ON RATE Deputy City Attorney Blick explained the STRUCTURE AND LEGALITY REGARDING lagality of the Coda which stipulates that DOWNTOWN IMPROVEMENT DISTRICT - public hearing be held~ and that at that time, CITY ATTORNEY if a majority of those paying business license taxes in the district object to the Improve- ment District~ then it must be cancelled. This did not happen~ so there is no require- ment that the Council cancel this project; however, the Council has the option to cancel it at any time. The second point brought up by Mr. Bllck was the rate structure. This is governed by reasonable decisions of the pro- moters in this case. City Manager's comments City Manager Thomson stated he contacted out- side sources in this field, and the opinion obtained was that any rate structure will not be agreeable to all parties concerned. He felt the City should not enter into this phase of the District~ and that the petition of protest received by the City Clerk at the last meeting should be submitted to the new -5- Board of Directors of the District. He would suggest that if they have any problems, they should hire a consultant in that field. Motion to refer petition to It was moved by Councilman Egdahl, seconded Board of Directors by Councilman Hyde and unanimously carried that the petition of protest be referred to the Board of Directors, and the report sub- mitted by the Deputy City Attorney and the City Manager be accepted. JOINT MEETING - COUIqCIL AND PORT Director of Planning Warren stated a joint COMMISSIONERS meeting has been arranged for Tuesday, Janu- ary 18, 1972, beginning at 7 P.M. PUBLIC EMPLOYMENT PROGRAM REPORT City Manager Thomson referred to the written report submitted to the Council. As of this afternoon, the percentage of veteran hirings stands at 847°. OTAY-HARBORSIDE PARK SITES City Manager Thomson stated he contacted the Los Angeles HUD office. HUD will increase the grant for the two sites, if both sites are developed. When asked if the grant could be split, have one site developed, and the grant increased for this, they replied they would like formal Council acknowledgment of this, but indicated this perhaps could not be done. Motion to pursue one site It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the staff pursue the grant for the one site (Otay site). PROCEDURAL ORDINANCE City Manager Thomson requested a change in the Procedural Ordinance, on a trial basis, changing the agenda of the Council meeting to start with "Oral Communications". In this way, the senior citizens and the students who must abide by the curfew, can be given a chance to speak to the Council. Motion to change ordinance It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Procedural Ordinance be changed, on a trial basis, moving "Oral Co~anunications" to the first part of the Council agenda. COMMUNITY FORUM MEETING City Manager Thomson reported that arrange- ments have been made for a Council Community meeting to be held on February 29, 1972, at the Bonita Vista High School. This will be the first of four meetings to be held this year in the various high schools. Motion to schedule meeting It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that a Community Forum meeting be held on February 29, 1972, beginning at 7 P.M. in the Bonita Vista High School. LEAGUE OF CALIFORNIA CITIES Mayor Hamilton co~nented that the next League DINNER MEETING of California Cities dinner meeting will be held on Thursday, January 20, 1972, at the La Costa Club House in Carlsbad. -6- COMMISSION VACANCIES Mayor Hamilton announced the vacancies to the following commissions: Planning Environmental Control Human Relations Safety He will have the interviews set up for Thurs- day, January 13, and if there are a number of them, the Council will meet again on Friday, January 14. Councilman Hyde asked that the Polaroid camera be made available for the secretary to take pictures of the candidates. CITIZENS THANKED Mayor Hamilton thanked the people of Chula Vista for their thoughts and messages during the death of his father last week. TIDELANDS AVENUE In answer to Councilman Scott's inquiry, City Manager Thomson stated the decision requested by the Highway Department will be discussed at the Council meeting of January 18. Although there was some urgency stipulated in their letter, contacts with the Highway Department have revealed that no real urgency exists. DECISIONS BY BOARD OF APPEALS Councilman Scott questioned the legality of the Board of Appeals making a decision without right of appeal to the City Council. Deputy City Attorney Blick explained that the only means of appeal of a Board of Appeals action would be to go to Court. Motion for right of review It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff look into the possibility of having the City Council given the right of review of any decision made by the Board of Appeals, if this decision is against the policy of the City Council. OUR HOUSE In answer to Councilman Hyde's inquiry, City Manager Thomson stated that the opponents to relocating "Our House" at 666 Third Avenue have ten days, or until Friday, January 14, to appeal the decision of the Planning Com- mission. "H" STREET SAFETY Councilman Egdahl discussed the safety of "H" Street from Fourth Avenue to Broadway and to the Freeway. It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Safety Commission be requested to consider putting in a center lane with broken double lines on either side (similar to that on "E" Street), with no parking at the curb lines from Broadway to the Freeway. This will provide (1) freer flow of traffic through that area, and (2) greater safety for people that are making left turns. -7- COUNCIL ACTION REQU~M Councilman Egdahl referred to the number of items referred to the staff for action by the Council. Motion to compile list He moved that the Council list the items they wish referred to staff, and that these come back to the Council as an agenda list at the next meeting. The Council can then adopt the whole list by unanimous action, or discuss any one item that is objected to. The Council discussed the motion. Councilman Hyde noted that the items that require irm~edi- ate action should be brought back to the Coun- cil at the next meeting, as a report. Council- man Hobel felt he would like to see this done on a trial basis. Motion to refer to staff Councilman Egdahl changed his motion to state that this matter be referred to staff for report back at the next meeting. Councilman Hyde seconded the motion. City Manager's co~nents Mr. Thomson explained that the Council will receive a report of Planned Programs for the Planning Department~ in the near future. In- corporated in the report is a procedure for special projects. Mr. Thomson added that this can be looked at in other areas, other than Planning. The Council may wish to look at this before taking action on Councilman Egdahl's request. Motion withdrawn Councilman Egdahl withdrew his motion and Councilman Hyde withdrew his second° WRITTEN COi~UNICATIONS: Request from Associated Student Mr. George Stoebel, ASO President, Southwestern Organization, Southwestern College, states that Area 1 of the California College for Veterans Regional Co~nunity College Student Association, composed Office of seven community colleges in the San Diego County, is requesting Council support for a Veterans Regional Office in the San Diego County area, to serve the needs of the Veterans of San Diego and Imperial Counties. It was moved by Councilman Scotty seconded by Councilman Hyde and unanimously carried that Council support this request. PETITION EEGARDII~G AMENDMENT A petition was submitted to the City Clerk on TO DOG LFASH ORDINANCE January 4, 1972, containing the signatures of 21 residents in the 100 block of Fifth Avenue and Elder Avenue, requesting an amendment to the Dog Leash Law requiring; 1. Dog walkers to carry containers to pick up dog droppings; 2. Subject to fine or be required to clean up the City block; 3. Carrying sign to advertise the fact while in progress. Councilman Hyde's cormnents Councilman Hyde cautioned that this may fall into the category of over-regulation. Petition accepted Mayor Hamilton stated that the Council accepts this petition. -8- ORAL COMMUNICATIONS: John Sipula, 268 Shasta Street Mr. Sipula stated his Union (I.A.M.) is happy to see the City employees going under the official wage code adopted by the City of Chula Vista. Youth Program Mr. Sipula noted a pamphlet put out by the Department of Industrial Education, State Department of Education. He would like to lend this pamphlet to any member of the Youth Co~nission. Curbs painted Mr. Sipula noted the parking situati~begin- ning at "H" Street, south to Shasta. The parking on this side of the street comes all the way up to the curb, blocking vision of on- coming traffic. There is no red curbing here; however, the City crew did paint the curb red at their Union Hall. Rohr crossing Mr. Sipula noted there was also a crosswalk at Rohr for the people to use that go to work there. It is no longer considered and used as a crosswalk. Foreign products Mr. Sipula requested that the City not buy any foreign made products for City purposes. Mr. Sipula added that the Council and City is also wanted to do good deeds for other coun- tries, but no consideration is given to the taxpayers of this City. BAYFRONT STUDY Mr. Wayne Smith, 47 San Miguel Drive, made reference to his comments submitted at the last meeting concerning the Bayfront Study. He stated he submitted this report as a citi- zen of Chula Vista, and not in his capacity as an Engineer for the City of National City. DOWNTOWN IP~ROVEMENT DISTRICT Mr. Jack Harper, 812 David Drive, discussed the meetings held by the Improvement District. He has been elected Chairman, and they have been meeting once a week. A report will be submitted shortly to the Council. ROHR STRI~E Councilman Hyde discussed the strike, suggest- ing the offiee of the Mayor contact both parties expressing the deep concern of the Gouncil over the situation, hoping for an early settlement, and even to offer Council's assistance~ if there is a need. Councilman Scott noted the law restricting the Council from entering into the situation. Deputy City Attorney Blick stated there would be no problem in having the Council make a statement of policy. Letter to be sent It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Manager or City Attorney draft a letter for the Mayor's signature which would express the hope of the City Council that the matter be resolved as quickly as possible. -9- RECONSIDERATION OF APPEAL OF It was moved by Councilman Egdahl, seconded JOHN D~ by Councilman Hyde and unanimously carried that the Council reconsider Item No. 2 (appeal of John Dow of Planning Commission action denying him a variance). Motion to approve variance Councilman Egdahl moved, seconded by Council- man Scott and unanimously carried that the appeal be granted subject to landscaping the parkway and along the 18 inches between the fence and sidewalk, as approved by the Plan- ning Department. JOHN SIPULA, 268 SHASTA STREET Mr. Sipula stated his Union does not have any quarrel with the Council. They object to the "biased" way the Police Department is handling the situation at the Rohr Plant° Mayor Hamilton remarked that he has been re- ceiving daily complaints from both the manage- ment and the strikers -- an equal amount of complaints from both sides. In view of this, he feels the Police Department is doing a fine job. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:55 P.M., to the meeting scheduled for Tuesday, January 18, 1972, at 7 P.M. City ~zle rk -10-