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HomeMy WebLinkAboutcc min 1978/04/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TUE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. April 18, 1978 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Hobel, Cox, Scott, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Director of Planning Peterson, Director of Public Works Robens, Acting Fire Chief Longerbone, Director of Parks and Recreation Hall, Director of Community Development Desrochers, Deputy City Manager Wittenberg The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of April 11, 1978 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. RESOLUTION NO. 9073 - City Clerk Jennie Fulasz submitted her Certificate of RECITING THE ELECTION Canvass to the Council declaring the results of the Gert- RESULTS OF THE GENERAL eral Municipal Election held on April 11, 1978. MUNICIPAL ELECTION) APRIL 11, 1978 Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel Noes; None Absent: None b. OATH OF OFFICE TO Jennie Fulasz, City Clerk, administered the Oath of NEWLY ELECTED COUNCIL- Office to Mr. Scott who was elected to Council Seat MAN FRANK A. SCOTT No. 3. c. OATH OF OFFICE TO The Oath of Office was administered by City Clerk Jennie NEWLY ELECTED MEMBER Fulasz to Sharon Masumoto who was elected to the Board OF THE BOARD OF of Education. EDUCATION - CHULA VISTA ELEMENTARY SCHOOL DISTRICT d. PROCLAMATION - Mayor Hyde presented the proclamation to Deputy City DECLARING THE WEEK OF Clerk Jane Diedrichs on behalf of all City Secretaries. APRIL 23 THROUGH APRIL 29, 1978 AS NATIONAL SECRETARIES WEEK IN THE CITY OF CHULA VISTA City Council Meeting -2- April 18, 1978 e. REPORT OF PORT Mr. Campbell reported on the delay to the "J" Street COMMISSIONER - marina due to the heavy rains, and briefly outlined the C. R. CAMPBELL three-year Capital Improvement Program that is being con- sidered for the area for a total of $820,000. ORAL CO~NICATIONS Joseph Rase Mr. Rase discussed his desire to construct a new La Della 1S7 Murray Street Pizza Garden (16,300 square feet) on a lot he owns on the Chula Vista corner of Center Street and Third Avenue, and asked Coun- cil support of his plans. Mrs. Kitty Rase Mrs. Rase joined her son in the request for Council support Chula Vista of the new restaurant. Motion for staff to meet It was moved by Mayor Hyde, seconded by Councilman Cox and with Mr. Rase and make a unanimously carried that the City Manager make arrange- recommendation to Council ments for the City staff to get together with Mr. Rase to look into this problem and come back with a recommendation to the Council. Darlene Keller Ms. Keller said she was the listing agent for property Realtor Associate located at 39 "G" Street, Chula Vista - a 22 room mansion - Forest E. Olson, Inc. in a medium density residential area. She referred to her Chula Vista letter of April 1, 1978 requesting permission to address the Council on this matter. The property has not been marketable under present R-1 zoning and she asked Council assistance in consideration of a zoning amendment to re- solve the problem. Code amendments recom- In answer to a query from Mayor Hyde, Director of Planning mended to preserve Peterson said the possibility has been discussed to amend "heritage" homes the R-1 district regulations to list certain conditional uses, under a limited criteria, to solve this problem. He recommended that this procedure be explored to preserve homes of this nature as part of the heritage of Chula Vista. Motion to refer request It was moved by Mayor Hyde, seconded by Councilman Hobel to Planning Commission and unanimously carried that the letter (from Ms. Keller) be referred to the Planning Commission and that the Plan- ning Commission be requested to review possible uses which may be considered, as suitable under certain conditions in the R-1 zone, that might pertain to this property. Presentation regarding Mayor Hyde explained that due to time element, members of proposal for housing for the County Housiffg Authority and staff had been requested low income families to make a presentation to the Council so the Council could determine whether the City would be interested in a pro- posal for a housing program for families with low income. Program outlined Community Director Desrochers said that since Proposition "C" passed, the City is eligible for various types of housing programs and one program available - with a closing deadline of May 1, 1978 - is "Scattered site public housing." He outlined the proposed program to the Council, which would be operated by the County Housing Authority as pub- lic housing with no direct cost to the City. City Council Meeting -3- April 18, 1978 Council discussion Council discussion followed with Mr. Desrochers concerning City input on selection of developers and site selection; new housing constructed under bid from developers and sold to Housing Authority built under HUD requirements; per- centage of housing retained for handicapped and elderly; and number of units recommended for construction. Karla Cohn Ms. Cohn summarized a meeting held in the afternoon stating Housing Authority that the final authority for filing the application rests Coordinator with the Board of Commissioners with input, recommendation, County of San Diego advice and review provided by the City. She described procedures for withdrawing the application, within deadlines, and the ultimate control available of withdrawing from the Housing Authority and the City taking over operation of the contract. Motion for necessary It was moved by Mayor Hyde, seconded by Councilman Egdahl documents to be prepared and unanimously carried that the staff be directed to work for Council consideration with the County Housing Authority to prepare the necessary documents and instruments for a proposal for a program for housing on scattered sites of "x" number of units - to be determined at the next Council meeting -and that th~e dbcuments and instruments be bromght back to the Council at the next meeting for consideration, along with staff's recommendation. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR COUNCIL A letter was received from Michael Gotch, Executive COF~ENTS RE V&V Officer of the Local Agency Formation Commission (LAFCO) DEVELOPMENT (proposed concerning an application for annexation of 143 acres in Bonita Bluffs) the Bonita area to the City of Chula Vista. Council eom- ANNEXATION ments were solicited prior to the hearing before LAFC0. Staff recommendation Director of Planning Peterson noted that on December 20, 1977 the Council adopted a motion that the City encourage this annexation, subsequent to which letters of protest were received. He outlined the events of the proposed annexation and reviewed staff's analysis, with the recom- mendation that the annexation be opposed as it does not represent a logical nor orderly extension of the City's boundaries. Motion to accept staff It was moved by Councilman Egdahl and seconded by Mayor recommendation Hyde that the staff recommendation be accepted. If approved by LAFCO, In response to a statement by Councilman Scott, Director City obligated to of Planning Peterson clarified that if LAFCO approves the accept annexation under annexation, the City is obligated to accept it; however, new statutes the City would have the option of approving the develop- ment of the property.  Mike Gotch Mr. Gotch clarified that property can be annexed without Executive Officer owner consent. He stated that if the applicant owns 50% LAFCO or more of the assessed valuation, he can bring in those who do not consent. Information on Mr. Gotch explained that his reason for appearing this opposition evening was to make sure the Council has all the informa- tion available before a decision is made. He referred to letters of opposition received from Sweetwater Valley Civic Association and Bonita Downs Homeowners Association, and a letter from the County Planning Office calling attention to the fact that unincorporated islands should not be created. City Council Meeting -4- April 18, 1978 Question raised on City Attorney Lindberg raised a question concerning obligation of cities to cities having no option but to accept annexations approved accept annexations by LAFCO. He voiced his disagreement with this statement. Council discussion Discussion ensued concerning the development plans pro- posed for the area and rejected by the County as not conforming to Sweetwater Valley Community Plan. Sid Xinos Mr. Xinos said he represented the Bonita Bluff developer, 1400 Sixth Street V&V Development. He outlined the reasons for the request San Diego to annex - that the site merited higher density than allowed. William Cannon Mr. Cannon, appearing as President of the Sweetwater Valley 451 Westmont Court Civic Association, spoke against the annexation, He reminded Bonita the Council that in t971 the people in the Bonita area voted 2-1 against annexing to the City of Chula Vista. Jim Taft Mr. Taft said his property would be directly affected 4201Sweetwater Road by the annexation and he spoke in favor of it as there Bonita would be greater protection and services offered by the City. John Riess Mr. Riess said he was a member of the Sweetwater Valley 3579 Lomacitas Lane Citizens Planning Group, a newly elected group. He said Bonita there was considerable confusion among the members con- cerning this matter and they would like to be included in the notice of any meetings held. He said the Council may be making a mistake in approving the annexation at this time. Concern of City Attorney City Attorney Lindberg expressed his strong opinion that regarding proceedings the proceedings this evening totally violated "due process" rights of all parties involved~ "Tammy" Grorud, President Ms. Grorud said that at the last meeting of the Associa- Bonita Downs Homeowners tion, the matter of annexation was discussed and it was Association the consensus of the members that the annexation should 3527 Winnetka Drive be opposed as taking a "chunk" out of Bonita and they did Bonita not believe annexation should be done this way. Motion before Council Mayor Hyde stated the motion before the Council was to accept the staff recommendation to oppose the annexation. Clarification of legal Councilman Scott expressed his concern regarding the questions legal position of the City and the due process in this matter~ He said clarification should be made regarding the Legislation. Substitute motion It was moved by Councilman Scott and seconded by Council- man Hobel that this matter be put off for two weeks until a (legal) opinion can be obtained from staff and legal counsel. Hearing to be set b7 In answer to a query from Mayor Hyde, Mr. Gotch said a LAFCO hearing would have to be scheduled by the 7th of May and Council input would be needed prior to that date. Motion carried The motion for legal clarification carried unanimously. RECESS A recess was called at 8:50 p.m. and the meeting re- convened at 8:59 p.m. City Council Meeting -5- April 18, 1978 b. REQUEST FOR CITY FUNDS Paul J~ Hendricks of 220 "C" Street, Chula Vista, sub- TO PARTICIPATE IN mitted a written request for financial support from the "RACE WALK" IN FRANCE City to participate in the "race walk" held in France from June 1 to 4, 1978. Motion to deny request In adherence to provisions of Council Policy established by Resolution No. 6327, staff recommended that the request be denied. It was moved by Councilman Cox and seconded by Councilman Hobel that the request be denied and an appropriate letter sent to Mr. Hendricks. Alternate methods of In answer to a question from Mayor Hyde as to alternative assistance suggested means of assistance, Director of Parks and Recreation Hall suggested that citizens could be encouraged to contribute to a special fund to send Mr. Hendricks to France, or other athletic foundations may help sponsor the trip by having special events - ballgames, dances, etc., and staff could assist in these endeavors. Motion carried The motion to deny the request with appropriate letter sent carried unanimously. Mr. Hendricks invited Mayor Hyde, with Council concurrence, requested that in to seek staff assistance the letter sent to Mr. Hendricks about Council action that he be invited to contact the Director of Parks and Recreation to see if there are ways in which the Depart- ment might be able to assist him in this endeavor. c. CLAIM AGAINST THE CITY A claim was received from Danny E. Jones in the amount DANNY E. JONES of $100,000 for alleged false arrest and imprisonment. 428 AGUA VISTA WAY SAN DIEGO Motion to forward claim It was moved by Councilman Cox, seconded by Mayer Hyde to insurance company for and unanimously carried that the claim be forwarded to investigation R.L. Kautz and Company for investigation and recommendation. 4. PUBLIC HEARING - Director of Public Works Robens said that Mr. Willis CONSIDERATION OF REQUEST Richardson, owner of property at 1150 Walnut Avenue, FOR DEFERRAL OF REQUIRE~ recently moved a building onto his lot, subject to the MENTS TO. UNDERGROUND condition that the electrical service to the building be UTILITIES SERVING undergrounded. He has requested deferral of this require- 1150 WALNUT AVENUE merit, stating that he cannot afford to let his rental units sit vacant during the processing time for SDG&E to acquire the necessary easement. Mr. Robens stated that by phone call today, SDG&E has advised the City that underground service can be installed to the property at no cost to Mr. Richardson and could be provided within approximately 25 working days from the date of the application - pending Council decision. This would be approximately the same time requ]red to install overhead service. Based on findings required by the City Code, Mr. Robens recommended that the request be denied. Public hearing opened This being the time and place as advertised, Mayor Hyde opened the public hearing. He announced that the state- ments made by Director of Public Robens would be made part o£ the record. City Council Meeting -6- April 18~ 1978 Willis Richardson Mr. Richardson said that he had been given some mis- 3630 Fir information by the gas and electric company concerning San Diego 92104 the time element and was under the impression it would take up to 6 or 8 weeks for service to be provided. He clarified that he had asked for deferral to underground until the rest of the people on the street undergrounded - at the time the street is paved - which he estimated was to be done in about 8 to 10 months. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Motion to deny request It was moved by Councilman Cox, seconded by Mayor Hyde, and unanimously carried that the request for deferral of the undergrounding requirements be denied and that San Diego Gas and Electric be requested to work with Richardson in a most expeditious way to resolve his electrical problems. CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman (Items 5 through 9) Cox and unanimously carried that the Consent Calendar be approved and adopted. 5. RESOLUTION NO. 9074 - One of the conditions for the approval of Tentative ACCEPTING DRAINAGE Parcel Map No. 7-78 was for the owners to install an EASEMENT FROM M. underground storm drain pipe in lieu of an open drainage QUARTARARO, ET AL channel, On March 30, 1978 Mr. Michael Quartararo, et al, granted an easement 12 feet in width for drainage purposes. 6. RESOLUTION NO. 9075 - As a condition of approval of Tentative Parcel Map No. 7-78, ACCEPTING GRANT OF the owners were to grant a 7.50 foot strip of land as an EASEMENT FOR STREET TREE easement for street tree purposes along "N" Street and PURPOSES FROM M. Casitas Court. On March 30, 1978 Mr. Michael Quartararo, QUARTARARO, ET AL et al, granted the necessary easement. 7. RESOLUTION NO. 9076 - A condition of approval of Tentative Parcel Map No. 7-78 ACCEPTING GRANT OF was for the owners to grant an easement for street pur- EASEMENT FOR STREET poses for the extension of Casitas Court to serve Parcel PURPOSES FROM M. 2 and Parcel 4. On March 30, 1978 b~. Michael Quartararo, QUARTARARO, ET AL, et al, granted the necessary easement to the City. AND NAMING AND DEDICATING AS CASITAS COURT 8. RESOLUTION NO. 9077 - Dedication of right of way for street purposes was one ACKNOWLEDGING IRREVOCABLE of the conditions for the approval of Tentative Parcel OFFER TO DEDICATE REAL Map No. 7-78. The Irrevocable Offer to Dedicate Real PROPERTY FROM M. Property will provide for the extension of Casitas Court QUARTARARO, ET AL across Lot 4 to serve future development adjacent to and  lying easterly of the Parcel Map. 9. RESOLUTION NO. 9078 - On March 30, 1978 M. Quartararo, et al, granted the City ACCEPTING ONE FOOT a deed for a one foot control lot within Parcel Map No. CONTROL LOT FROM M. 7-78. This control lot is required to control access QUARTARARO, ET AL and adjacent development lying southerly of Casitas Court. (END OF CONSENT CALENDAR) City Council Meeting -7- April i8, 1978 RESOLUTIONS AND ORDINANCES, FIRST READING 10. RESOLUTION NO. 9079 - On March 30, 1978 sealed bids were received for the ACCEPTING BIDS AND construction of street improvements on "F" Street from AWARDING CONTRACT FOR Fourth Avenue to Church Avenue. CONSTRUCTION OF STREET IMPROVEMENTS ON "F" Staff recommended that the bids be accepted and contract STREET FROM FOURTH awarded to Daley Corporation, low bidder, in the amount AVENUE TO CHURCH AVENUE of $338,773 and that additional necessary funds in the AND APPROPRIATING FUNDS amount of $50,000 be appropriated for a total expenditure of $359,186.49 for this project. $209,000 will be re- imbursed to the City from FAU funds. 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, Cox, Hyde, Egdahl Noes: Councilman Scott Absent: None 11. RESOLUTION NO. 9080 ~ The City of Chula Vista has received a grant in the AWARDING CONTRACT TO amount of $30,000 from the Office of Traffic Safety CONDUCT A TRAFFIC (OTS) to hire a consultant to conduct a Traffic Control CONTROL DEVICES Devices Inventory and Recommended Route to School Study, INVENTORY AND RECOM- MENDED ROUTE TO After reviewing all proposals, staff recommended the SCHOOL STUDY contract be awarded to JHK & Associates in the amount of $20,900 - the lowest cost acceptable proposal. 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, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None Director of Public Works informed the Council that when the study is complete, deficiencies will be noted and the City is required to correct those deficiencies within a two year period. 12. REPORTS OF THE CITY MANAGER a. REPORT ON RESULTS OF In January~ 1978, questionnaires were delivered to CITIZEN SURVEY 35,000 Chula Vista residents. The City Manager sub- DISTRIBUTED WITH THE mitted a detailed summary of the survey to the Council - CITY'S ANNUAL a copy of which is on file in the office of the City CALENDAR (1978) Clerk. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. Suggestion that inserts Councilman Hobel suggested that future surveys be a in calendar to be discussion item during budget sessions - whether the discussed at budget insert should be continued. Sessions City Council Meeting -8- April 18, 1978 b. REPORT ON OFFER TO City Manager Cole submitted a written report stating BUY CITY PROPERTY that Victor Wulff, owner of the Bonita Valley Office Building located at 4045 Bonita Road, has requested City consideration of the sale of a parcel of golf course property approximately S0 feet by 60 feet for expansion of the existing parking lot which services his property. The staff recommended that the Council authorize sale of this parcel for $4,222.95. Motion to accept It was moved by Mayor Hyde, seconded by Councilman Cox staff recommendation and unanimously carried that the staff recommendation be accepted. c. REPORT ON MEANS At the request of the Mayor's Advisory Committee, the OF DETERMINING THE Council asked the staff to study and recommend a means TOURIST POTENTIAL of determining the "tourist potential" of the City. City IN CHULA VISTA Manager Cole submitted an indepth report recommending a way to determine this "potential," The report is on file in the office of the City Clerk, Motion to refer report It was moved by Mayor Hyde, seconded by Councilman Scott to Mayor's Economic and unanimously carried that this report be referred to Advisory Committee to the Mayor's Economic Advisory Committee for informs- for comment tion and comment, if they choose to make such a report. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 13. REPORT ON HIGH PRESSURE In a written report, Director of Public Works said high SODIUM VAPOR STREET pressure sodium vapor street lights were installed at LIGHTS AT TELEGRAPH this intersection in conjunction with the installation CANYON ROAD/CREST DRIVE/ of a traffic signal. The report indicated a reduction OLEANDER AVENUE in traffic accidents and cost~ and staff recommended that the sodium vapor lights be retained and be considered at other locations in the City. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the report be accepted. 14. REPORT ON SU~ER CONCERT Director of Parks and Recreation Hall submitted a SERIES IN MEMORIAL BOWL written schedule and proposed budget for the "1978 (1978) Bowl Program" for a Sunday concert series, at a projected cost of $9,328. Tentative arrangements have been made for contributions from gweetwater Union High School District and the Musicians' Union in the combined amount of $4,000 - which will reduce the estimated net cost to the City to $5,328. Staff recommended that the Council authorize the concert series and request a resolution be prepared appropriating the necessary funds. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. MAYOR'S REPORT Motion for resolution It was moved by Mayor Hyde, seconded by Councilman Scott opposing Proposition 13 and unanimously carried that the Council take a position in opposition to Proposition 13 and direct that a resolu- tion setting forth this opposition be prepared for Council consideration. City Council Meeting -9- April 18, 1978 Request for Chula Vista to Mayor Hyde commented on a letter received from National purchase advertising in City soliciting the City of Chula Vista advertising in support of Pony League a program to be prepared for the 1978 Pony League World World Series Series at a cost of $500. He asked if the Council wished to take a position on this request. Motion not to participate It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the City not take an ad. Mayor Hyde requested that the City Manager prepare a response indicating Council action. Communication from Mayor Mayor Hyde referred to information received from the to be addressed to the California League of Cities concerning AB 2659 - City's Legislators indicating Compulsory and Binding Arbitration - and asking that the opposition to AB 2659 various City Mayors contact the Legislators. He said he had asked the City Manager and City Attorney to prepare a "tough" brief position for the City which he will communicate to the City's Assemblymen and Senator - representing the wishes of the Council~ Request for Legislative Mayor Hyde requested that the Legislative Committee Committee recommendation advise the Council at the next meeting of appropriate action to take on legislation that would establish mandatory payment of retirement benefits from General Funds for CETA employees - a matter which was opposed last year. The Council concurred. Letter received withdrawing The letter from the attorneys representing Vaugan claim against the City Interiors, withdrawing their Claim against the City, by Vaugan Interiors was noted by Mayor Hyde. City Clerk's absence It was moved by Mayor Hyde, seconded by Councilman Hobel approved - conference and unanimously carried that the City Clerk's request and vacation for attendance at City Clerks conferences be approved. Reminder - Joint Mayor Hyde reminded the Council of the joint meeting meeting with School with the School District Boards at 4:00 p.m. on Thursday, Districts - League dinner April 20 at Tiffany School; and the League of Cities dinner in National City on the evening of April 20. COUNCIL CO~ENTS Councilman Hobel to be Councilman Nobel announced that he will be absent from absent from meeting on the meeting on April 20 as he will be in Los Angeles. April 20 Investigation on report Councilman Hobel asked if the staff could check on a re deletion of Route 100 report that consideration is being given to deleting Transit Route I00 - express bus route in the City. Director of Public Works Robens said he will check on this. Job Corps site announced Councilman Mobel said the Board of Supervisors, at a press conference today, announced the Job Corps site selection at Ream Field in Imperial Beach. CPO to consider over-all Councilman Hobel announced that the Comprehensive Plan- work program for next year ning Organization (CPO) is having another special meeting on Monday (April 24) regarding the over-all work program. He said he would appreciate any staff comments on the program for next year by Friday, City Council ~eeting -10- April 18, 1978 Follow-up report in Councilman Cox commented on the report prepared con- September on additional cerning the possible acquisition of additional property parking for parking for the Civic Center and ~sked if there would be a follow-up report. City Manager Cole said a report will come back to the Council. Annexation opposed in In response to a query from Councilma~ Egdahl, Director Hilltop area of Planning Peterson said that a meeting was held last night with residents in the area north of E~st "H" Street, east of Hilltop Drive, and it was the general feeling that they would eppose annexation. Pending items covered by Councilman Egdahl commented on additional materials in reports in Council packets the Council packets, noting several reports covering pending items. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:30 p.m. to the Joint Meeting with the School Districts at 4:00 p.m. on April 20, 1978 at the Tiffany School and to the regular scheduled meeting on April 25, 1978 in the Council Chambers at 7:00 p.m~ DEPDTY CITY CLERK