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HomeMy WebLinkAboutcc min 1972/01/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 4, 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, Hyde, Egdahl Absent: Mayor Hamilton Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren In the absence of Mayor Hamilton, Vice Mayor Egdahl presided over the meeting. The pledge of allegiance to the Flag was led by Vice Mayor Egdahl, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hobel, seconded by Council- man Hyde and unanimously carried that the minutes of the meetings of December 1S and 21, 1971, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Vice Mayor Egdahl introduced Bill Rayburn, member of COMMISSIONER the Board of Appeals, as guest commissioner for this meeting. PUBLIC HEARING - CONSIDERA- Councilman Scott noted that one Councilman was absent TION OF APPEAL OF JOHN L. DOW and it would take a 4/5 vote to override a d~cision of OF PLANNING COMMISSION the Planning Commission. DENIAL OF VARIANCE APPLICA- TION It was moved by Councilman Scott, seconded by Council- Motion to continue for one man Hyde and unanimously carried that the public week hearing on this matter be continued for one week. PUBLIC HEARING - CONSIDERA- Director of Planning Warren submitted a map noting the TION OF PREZONING FOR 497.61 location of the acreage in question and land use. At ACRES NORTH OF OTAY VALLEY its meeting of December 6, 1971, the Planning Com- ROAD TO EASTERN BOUNDARY OF mission recommended the property be prezoned A-8. RANCHO DE LA NACION The Local Agency Formation Commission filed this re- quest for annexation at their meeting held January 3, 1972; however, Mr, Warren added, it would be appropriate to prezone the property since there is a possibility the annexation can be reinitiated. Public hearing opened This being the time and place as advertised, the public hearing was opened. Gus Pappas, Attorney Mr. Pappas stated he is representing Omar Rendering 203 Church Street Plant Company owners of 40 acrea in this area. He stated there is a need for additional industrial uses, and spoke against prezoning to agricultural. Mr. Pappas questioned the abatement procedure for non- conforming uses, which he stated his client's company would be in the eventthe prezoning was adopted. He also indicated that if the Boys' Rehabilitation Center goes in, that too, will not be an agricultural use, making almost 250 acres in uses other than agriculture. City Attorney's opinion Mr. Lindberg explained that this prezoning is a "holding zone," which could be changed to a more specific zone which would require an abatement within a specified period of time. The zoning would not allow an expansion of the use. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1379 - It was moved by Councilman Scott that this ordinance PREZONING 497.61 ACRES be placed on its first reading and that reading of LOCATED NORTH OF OTAY the text be waived by unanimous consent. The motion VALLEY ROAD AND EXTENDING carried by the following vote, to-wit: TO EASTERN BOUNDARY OE AYES: Councilmen Scott, Hobel, Egdahl, Hyde RANCHO DE LA NACION - Noes: None FIRST READING Absent: Mayor Hamilton Reason for filing annexation In answer to Councilman Scott's inquiry, City Manager Thomson explained that LAFCO!s reason for filing the annexation was tied to the Boys' Rehabilitation Facility and funding for this was in question. LAFCO states that the primary purpose of annexation is to provide municipal services to such a facility. and therefore filed the annexation at this time. Motion to contact LAFCO It was moved by Councilman Scott, seconded by Coun- cilman Hyde, and unanimously carried that the staff ask the Local Agency Formation Commission to recon- sider this annexation request. RESOLUTION NO. 6300 - In a report to the Council, the Director of Finance APPROPRIATION OF FUNDS FOR stated it is necessary to establish, by resolution, PUBLIC EMPLOYi~NT PROGRAM the required trust funds and budget accounts neces- sary to meet recommended accounting procedures in the Emergency Employment Act of 1971. 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: RESOLUTION NO. 6301 - AYES: Councilmen Scott, Hobel, Egdahl, Hyde See insert at end Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6302 - In conjunction with a building permit to construct ACCEPTING, DEDICATING AND a residential dwelling at the northwest corner of NAMING PROPERTY FOR STREET D Street and Minor Avenue, Mr. and Mrs. Harold M. PURPOSES ON D STREET Benhardt have dedicated 5-1/2 feet of additional right of way. This additional width is in conform- ity with the current standard of 51 foot right of way on D Street. 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, Egdahl, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6303 - The subdivision is located at the end of Sheffield ACCEPTING PUBLIC IMPROVE- Court and consists of S7 lots. A final inspection MENTS IN WINDSOR HEIGHTS of the improvements was made on December IS, 1971. SUBDIVISION The Director of Public Works reports satisfaction with the improvements in accordance with the require- ments of the City. 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, Egdahl, Hyde Noes: None Absent: Mayor Hamilton - 2 - RESOLUTION NO. 6304 - A deferment of installation of public improvements APPROVING AGREEMENT FOR was granted to R. A. Miles On January 16, 1968. EXTENSION OF TIME ON Extensions were granted to January 2, 1972. Mrs. DEFERRAL OF PUBLIC Miles has now requested a continued deferral IMPROVEMENTS ON CENTER until the sale of her property. STREET - MARJORIE M. MILES The Director of Public Works recommends approval of the deferral agreement to December 3], 1972, subject to bond or lien requirements. Further, that public improvements shall be installed (1) when public improvements are constructed on the south side of Center Street, across from subject property, and (2) when improvements in excess of $5,000 are made on subject property. 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, Egdahl, Hyde Noes: None Absent: Mayor Hamilton REQUHST FOR AUTHORIZATION In a written report to the City Council, the Director TO CALL FOR INFORMAL BIDS of Public Work§ discussed the drainage problem at FOR MODIFICATION OF this location. He indicated that by increasing the EXISTING CURB INLET IN capacity of the inlet to that of the pipe, the THE 100 BLOCK OF EAST problem could be greatly alleviated. The Engineer's MILLAN STREET estimate for the cost of this improvement is $1800; the funds are available in the 1971-72 Capital Improvement Program as Storm Drain Group No. 1. Authorization given It was moved by Councilman Hyde, seconded by Coun- cilman Scott, and unanimously carried that authori- zation be given to call for bids for the modification of an existing curb inlet in the 100 block of East Millan Street. R~CO~NDATION FROM ENVIRON- In a letter to the Council, the ECC states they would MENTAL CONTROL CO~MISSION like permission to hold a series of public environ- REGARDING flONORARIUM FOR mental seminars for City staff, and that a nominal SPEAKERS AT PUBLIC ENVIRON- honorarium of $25.00 be paid each speaker through a MENTAL SEMINARS special appropriation. City Manager Thomson Mr. Thomson explained that funds are availabe in the Personnel Department budget for a seminar for depart- ment heads, which would be related to administrative matters or procedures; however, this could be ex- panded. Mr. Thomson stated he would be interested in working with the FCC to initiate some type of program that would be coordinated with this seminar. Referred to staff It was moved by Councilman Scott, seconded by Council- man Hyde,and unanimously carried that this matter be referred to staff for study regarding granting of honorariums and a report on the department heads' program. FINAL CO~4ENTS BY GENERAL Director of Planning Warren reported on the number of PUBLIC AND QUASI-PUBLIC meetings that were held by the Consultants and various INTEREST TO THE CITY COUNCIL groups and organizations since the preliminary report ON PRELIMINARY ANALYSIS was submitted to the Council on November 23, t971. CHULA VISTA BAYPRONT STUDY This is now the final opportunity for public comments to the City Council before a decision will be made on the policies proposed by the Consultants. Letters noted The City Clerk read a letter from the Youth Commission in which they commented on various policies of the Plan. - 3 - Mayor Pro Tempore Egdahl noted a packet of cor- respondence submitted to the Council from various groups and organizations. Comments from Wayne W. Smith, Professional Engineer, National City,were noted f~ the record. Ernest Arnold Mr. Arnold spoke of need for a location for an air 897 Beech Avenue facility. He submitted a plat suggesting the faci- lity be located south of G.Street. Betty Martin Mrs. Martin spoke in support of the green area and 377 Jason Place recreational facilities proposed for the bayfront. Next meeting Mayor Pro Tempore Egdahl stated the Council will hold a joint meeting with the Unified Port District on Tuesday, January 18 and on January 2S, the City Council and Port Commissioners will adopt land use planning policies to direct the consultants in prep- aration of land use alternatives. Letter from Division of Councilman Scott referred to the letter sent by Jacob Highways Dekema, District Engineer, in which he asked for a decision from the Council regarding the bridge to connect Chula Vista's bayfront with National City and the proposed Interstate S - Highway S4 interchange. City Manager Thomson stated he will have a report back to the Council on this matter. Recess A recess was called at 7:5S p.m. and the meeting reconvened at 8:0S p.m. Councilman Hyde discussed Mr. Dekema's letter and indicated the timing was critical. He asked that the staff meet with the Highway authorities and bring back a recommendation to the Council, as soon as possible. Condolences to Dr. Mayor Pro Tempore Egdahl extended condolences to the Botterman's family family of Dr. Botterman. He reported that the Mayor's father is gravely ill and asked that the people remember him and his family in their thoughts and prayers. OUR HOUSE Director of Planning Warren reported that the Planning Commission, at its meeting of January 3, 1972, approved a conditional use permit for the operation of "Our House" at 666 Third Avenue. If no appeal is filed, this will become final on January 14; however, there are indications that an appeal will be filed. Lease for "Our House" City Manager Thomson stated he received word from Mr. Gary Wappes, on the staff of "Our House", that the lessor has given them until tomorrow to accept the offer of the lease. The City Attorney suggested one avenue of approach would be to see if the City was willing to provide a one-month's increment of the rental pending the time element for the appeal process. City Attorney's opinion Mr. Lindberg noted the unanimous approval of the Planning Commission in this matter, but remarked that the appeal will be before the City Council, which controls the funding for the project. The only al- ternative to securing the lease would be either for the City itself or the City authorizing the directors of "Our House" to execute a lease for this one-month period. Mr. Lindberg further stated that he sees no illegality whatever in the City going ahead with leasing the premises for one month, pending the appeal decision. Councilman Scott's comments Councilman Scott stated he was concerned over the fact that the Council is not getting the community support for this operation. He felt the Council has gone as far as it can on its own, and needs community response. Eugene York Mr. York stated that the majority of the citizens 72 Sandalwood Drive who spoke at the Planning Commission meeting were in support of "Our House" provided it is not located in their back yard. He felt the community as a whole, supports the operation. Mr. York spoke against having it located in its present quarters on Third Avenue, but felt the new proposed location, 666 Third Avenue, would be a good location and would not hurt property values in that area. Motion to negotiate for It was moved by Councilman Hyde that the City Manager one month's lease be given authorization to negotiate for a one month's lease on this property pending possible appeal action concerning the Planning Commission's recom- mendation. Motion dies The motion died for lack of second. Councilman Scott commented on the possible conflict in the decision-making process if the Council approved the advancement of $400 to pay for one month's lease on the property, and then have to hear the appeal which will be before them. He suggested the City Manager meet with the lessor and find out whether there are any alternatives in the negotiations, and what options are available. Motion for Council It was moved by Councilman Scott, seconded by Council- Conference man Hobel and unanimously carried that the Council meet tomorrowfor a decision on this matter. Legal opinion Councilman Hobel asked that the City Attorney submit a firm legal opinion on this matter. City Manager Thomson stated he will make every attempt to meet with the property owner in the morning and have a report ready for the Council Conference. Adjourned regular meeting Mayor Pro Tempere Egdahl reported that the staff has requested a meeting to discuss the Library Bond issue. It was moved by Councilman Hobel, seconded by Council- man Scott and unanimously carried that the Council hold an adjourned regular meeting beginning at 5:30 p.m. January S, 1972, in the Council Chamber to dis- cuss "Our House" and the Library Bond issue. ~ORATORIUM ON ZONE CHANGES Councilman Hyde inquired as to when the resolution to the Council would be forthcoming concerning their action on December 7, 1971, recommending to the County and CPO members a moratorium on zone changes of agricultural land. City Attor~.ey Lindberg stated it will be ready for the next Council meeting. - S - CLAREMONT ENVIRONMENTAL Councilman Hyde discussed the study and suggested STUDY it be scheduled for a Council Conference. Scheduled for Council It was moved by Councilman Hyde, seconded by Council- Conference man Scott, and unanimously carried that at the next Council Conference, the following item be scheduled: the recommendations of the Environmental Resource Task Force of the Claremont City Council. The City Manager is to prepare staff comments for the Council concerning this matter. Chairman of ECC to make Councilman Scott asked that the Chairman of the Environ- conunents mental Control Commission have access to this Claremont report and make comments on it. Conference date scheduled Councilman Hyde amended his motion to include this request and asked that the Conference be scheduled for January 26. The City Clerk noted the other pending items for Council discussion: (1) Premature growth; (2) Third phase of Street Tree Maintenance Policy; (3) Discus- sion of Hawaiian trip. These items will be included in the January 26 conference. WATSON AMEND~NT It was moved by Councilman Hyde that a resolution be prepared indicating the opposition of this City Council to the Watson Amendment, citing the arguments listed in the report submitted by Mr. Jack Ratelle, Administrative Assistant, along with other appropriate arguments, Motion dies The motion died for lack of second. It was moved by Councilman Scott, seconded by Coun- cilman Hobel that the report, as submitted by Mr. Ratelle, be filed. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Egdahl Noes: Councilman Hyde Absent: Mayor Hamilton WRITTEN COMMUNICATIONS: Request of Chula Vista Mr. Dick Chase, President, Chula Vista Sanitary Sanitary Service for rate Service, Inc., is requesting a rate increase. Due increase to the time element involved, close of business, and the work needed to furnish the necessary financial information, they are unable, at this time, to submit details as to the raise requirements but will do so within the next few days. Referred to staff Mayor Pro Tempore Egdahl referred this matter to the staff for report. Letter from Security Pacific Mr: James Weldon, Vice-President and Manager, Security National Bank - Offstreet Pacific National Bank, is requesting Council consid- parking eration for additional offstreet parking due to the proposed construction in the vicinity of F Street and Chu~eh Avenue. Referred to staff and It was moved by Councilman Hyde, seconded by Councilman Parking Place Commission Scott and unanimously carried that this matter be referred to staff and Parking Place Commission for recommendation. - 6 - Letter from McCausland- Dr. John McCausland, 275 F Street, stated they joined Robinson Clinic - Offstreet the parking district eight years ago and were promised parking offstreet parking. He states that the parking problem has become more acute and asks that the Council proceed with the necessary steps to solve the parking requirements. Referred to staff and Parking It was moved by Councilman Hyde, seconded by Councilman Place Commission Scott and unanimously carried that this matter be referred to staff and Parking Place Commission for recommendation. Letter from Chula Vista Drs. Joseph Fields and Delbert Hughes, 276 Church Podiatry Group - Offstreet Avenue (Sheetz Memorial Medical Building) write that parking they are planning to construct a two-story addition to their building beginning in mid-January 1972. They request that the Council take action to acquire the necessary property for additional City parking lots in the area of Church Avenue and F Street. Referred to staff and It was moved by Councilman Hyde, seconded by Councilman Parking Place Commission Scott and unanimously carried that this matter be referred to staff and Parking Place Commission for recommendation. Need of Having District Councilman Scott discussed the need of having a Parking District - no bonds were ever sold, no taxes were ever assessed against the property owners. The City Council has always controlled the District. Scheduled for Conference It was moved by Councilman Hyde, seconded by Council- man Scott and unanimously carried that this item be scheduled for a Council Conference (after the Con- ference scheduled for January 26). Letters from Environmental Control Commission: (1) Chamber of Commerce's The ECC recommends that the Chula Vista Chamber of proposal regarding Commerce's proposal regarding TV antennas be com- TV antennas mended on the basis of its aesthetic value and the advancement of City Beautification. Referred to staff It was moved by Councilman Hyde, seconded by Council- man Hobel and unanimously carried that this matter be referred to staff. (2) Beverage Containers The ECC is recommending adoption of a "Consumer Fair Choice Plan" in regard to alcoholic and non-alcoholic carbonated beverages: 1. That all retail stores be required to stock deposit type containers so that no less thm% 50% (by number of brands) be available in deposit- typecontainers; 2. That all stores clearly display the economic ad- vantage of purchasing deposit-type containers [price per pint). Set for public hearing It was moved by Councilman Hobel, seconded by Council- man Hyde and unanimously carried that this matter be set for a public hearing. (3) Tree Committee The ECC reports that Commissioner Loretta Taylor has been selected to be the representative to the Tree Committee. They ask that she be contacted and informed as to the meetings. Councilman Hyde asked Mr. Cole to add Mrs. Taylor to the list to be notified of the meetings. (4) Environmental groups In a letter to the Council, the ECC notes that there is a widespread interest in the San Diego region in environmental concerns, particularly in the develop- ment and organization of an ECC concept. They are requesting that the Council contact other cities in the San Diego region concerning comments and reactions received regarding the possibilities of forming simi- lar groups in this region. They further request that the Council encourage other cities to become directly involved in environmental affairs by creating official environmental bodies. Letter or resolution to be It was moved by Councilman Hyde, seconded by Councilman drafted Hobel and unanimously carried that the ECC be requested to prepare a letter, for the Mayor's signature, or resolution of the Council, to be sent to the other municipal bodies in San Diego County concerning this matter. Councilman Hobel stated that he will make this pre- sentation to the Comprehensive Planning Organization, as soon as the letter or resolution is drafted. DOWNTOWN IMPROVEMENT The City Clerk read a petition containing i01 signa- DISTRICT PETITION tures from businesses in the Improvement District. The petition requested that the City Council review and reconsider Resolution No. 6217 based on objections to the procedures and methods used in forming said Improvement District. Referred to City Attorney It was moved by Councilman Hyde, seconded by Council- man Hobel and unanimously carried that the petition be referred to the City Attorney as to his opinion re- garding appropriate City Council action. Assessments Councilman Scott discussed the question pertaining to the assessments. He felt the City Manager should study these to see if they were logical. Motion amended Councilman Hyde amended his motion to state that the City Attorney coordinate with the City Manager to study and make recommendations on the amount of assess- ments imposed. Councilman Hobel agreed to the second. City Attorney's comments Mr. Lindberg stated that the Ordinance was adopted subsequent to public hearings held by the City Council. The review of this matter to be undertaken by the City Manager and himself will result in contacts with the merchants in the area and they will report back to the City Council. Mayor Pro Tempore Egdahl explained the motion - the Council is asking for a report back advising them as to further action on the petition. This is not meant to be an in-depth study of the assessments at this time. ORAL COMMUNICATIONS Fred Drew Mr. Drew spoke on the "Our House" issue. He felt the 1275 Banner Avenue Council was being "bullied" into making a premature decision. He commented that at one time, "Our House" was to be located on City property. Since there is City property that might still be available, he asked the Council to consider the possibility of having this as an alternative to the lease agreement. The Council disucssed its basic concern - the cost involved in having a permanent building constructed on City property at a cost of approximately $50,000 as opposed to leasing a structmre. ADJOURNMENT Mayor Pro Tempore Egdahl adjourned the meeting at 9:12 p.m. to the meeting scheduled for Wednesday, January S, 1972, 3:30 p.m. in the Council Chamber. INSERT P~SOLUTION NO. 6301 - William Jasinek, Director of Parks and Recreation, AUTHORIZING WAIVER OF GREENS submitted a report in which he stated that this FEES AND SHOTGUN START FOR request is being made by the San Diego Junior Golf 7TH ANNUAL CHULA VISTA CITY Association for the tournament to be played on JUNIOR CHAMPIONSHIP Monday, July 10, 1972. There will be appremimately TOURNAMENT 200 junior players. The Parks and Recreation Com- mission recommends approvmt. 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, Egdahl, Hyde Noes: None Absent: Mayor Hamilton City Clerk - 9 -