HomeMy WebLinkAboutcc min 1977/08/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. August 25, 1977
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, Scott, Egdahl
Councilmen absent: Councilman Cox
Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager
Asmus, Director of Planning Peterson, Acting Director of Public
Works Lippitt, Deputy City Manager Wittenberg, Acting Director of
Finance Franken
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 by those present that the
minutes of the meetings of August 11 and 16, 1977 be
approved, copies having been sent to each Councilman.
2. SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF Mayor Hyde introduced Mr. Norm Faulkner, a member of the
COUNCIL GUEST Board of Directors of the Chamber of Commerce and the
owner of Faulkner Realty Company.
b. OATH OF OFFICE TO Deputy City Clerk Jane Diedrichs administered the Oath
NEWLY-APPOINTED of Office to the following newly-appointed commissioners:
COMMISSIONERS
Andrew F. Partch - Parks and Recreation Commission
Caroline McVey - Library Board of Trustees
Stacy C. Bridges - Youth Commission
Narda E. Garcia - Youth Commission
Mr. Ricardo D. Chantengco, appointed to the Board of
Ethics, was unable to be present. The Oath of Office
will be administered to him at a later date.
c. REPORT OF PORT Mr. Campbell reported on two items of particular interest
COMMISSIONER, to the City: (1) The Port District is opposing the
C. R. CP~PBELL abandonment of the San Diego and Arizona Eastern Railway
and has retained special counsel to represent the District
in this opposition at the hearings to be held in Washington,
D. C. in October. It has been costly to have rail freight
traffic routed through Los Angeles with an increase of
approximately 11S% in total mileage between San Diego
and E1 Centre. (2) The Port District, through its
International Trade Department, is making every effort to
encourage import and export trade through the port of
San Diego.
Mr. Campbell said that inbound freight exceeds by about
2-1/2 times all outbound freight. The Port District
recognizes that San Diego must meet the competition of
other west coast cities and the District has agreed to
do whatever is necessary to maintain a healthy Trade
Development Department to promote programs and encourage
trade.
City Council Meeting -2- August 23, 1977
Dredging progressing In answer to a query from Mayor Hyde, Mr. Campbell said
that the dredging is going along well. The contractor
has balanced the dredging rate and the drying rate and
knows his timing now. There is also a possibility that
he will not have to use the park land, and if not, the
Port District will be able to complete the parkway.
Port District In response to a question from Councilman Scott regarding
supporting Japanese the possibility of a Japanese firm location in an area on
industry locating "D" Street, Mr. Campbell stated that the Port District
in this area has filed letters, through the City and County of San
Diego, with the State indicating willingess to participate
in certain lands that are available for a manufacturing
firm. The District is willing to provide incentives,
i.e., offer 50% discount on lease rates during construc-
tion and to provide land off dock and wharfage where no
tax would have to be paid. He said that to date no
official response has been received from Sacramento on
this matter.
Councilman Hobel noted that if a Japanese firm does locate
here, it would help in solving the import/export problem
in San Diego.
ORAL CO~4~UNICATIONS
Lucille Crank Miss Crank asked if the Council would consider moving
183 Third Avenue Item 27 up on the agenda for the benefit of several
Chula Vista 92010 senior citizens in the audience who were interested in
this item.
Motion to move Item 27 It was moved by Mayor Hyde, seconded by Councilman Scott
forward on the agenda and unanimously carried by those present that Item 27
be advanced on the agenda and considered at the close of
Oral Communications.
Gladys Meyerand Ms. Meyerand urged the Council to favorably consider
183 Third Avenue Item 27 - placing a crosswalk on "F" Street.
Chula Vista 92010
27. RECOMMENDATION REGARDING On July 26, 1977 the Council referred to the Safety
CITIZEN REQUEST FOR A Commission a request for a crosswalk on "F" Street
CROSSWALK ON "F" STREET between Third and Fourth Avenues in order to make a safe
BETWEEN THIRD AND crossing between the Library and the shopping center.
FOURTH AVENUES
At their meeting on August 10, 1977 the Safety Commission
voted to recommend that the request be approved and a
"PED-X-ING" crosswalk be placed on the west side of the
intersection at Garrett, crossing "F" Street. The staff
concurred with the Safety Commission recommendation with
the additional suggestion that the use of the crosswalk
be observed, particularly upon completion of the Town
Centre Redevelopment area, for possible elimination or
relocation.
Motion to accept It was moved by Councilman Scott and seconded by Court-
staff recommendation cilman Egdahl that the Council accept the recommendation
of the staff.
Clarification of In response to a request from the Council for clarifica-
staff recommendation tion regarding a portion of the staff recommendation,
City Manager Cole said the recommendation is to observe
the crosswalk as the area develops, particularly the
redevelopment on the south side of "F" between Fourth
and Fifth Avenues to determine, sometime in the future,
the appropriateness of that location for the crosswalk.
City Council Meeting -3- August 23, 1977
Motion carried The motion to accept staff recommendation carried
unanimously by those present (crosswalk to be installed).
3. WRITTEN COMMUNICATIONS
a. VERIFIED CLAIM FOR Mrs. Arlene King, mother of Eddie D. King, a minor,
DAMAGES - ARLENE submitted a verified claim in amount of $25,000 on
AND EDDIE D. KING behalf of her son for alleged personal injury occuring
347 E. NAPLES STREET at Castle Park Elementary School on July 15, 1977.
CHULA VISTA 92011
Motion to deny It was moved by Councilman Egdahl, seconded by Mayor
Hyde and unanimously carried by those present that the
claim be denied and referred to the insurance consultant.
b. VERIFIED CLAIM FOR Attorney Richard G. Bain of San Diego filed a verified
DAMAGES - HERSCHEL claim on behalf of his client, Iterschel H'Enard, in the
H'ENARD, FILED BY amount of $7,500 for alleged false arrest on May 13, 1977.
ATTORNEY RICHARD
G. BAIN OF SAN DIEGO
Motion to deny It was moved by Councilman Egdahl, seconded by Mayor
Hyde and unanimously carried by those present that the
claim be denied and referred to the insurance consultant.
PUBLIC HEARING
4. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
CONSIDERATION TO opened the public hearing.
VACATE A PORTION OF
QUINTARD STREET AND Shepherd Investments submitted a request to vacate the
TOBIAS DRIVE ADJACENT westerly four feet of Tobias Drive and the northerly two
TO THE PROPOSED feet of Quintard Street adjacent to the boundary of
SHEPHERDVILLE SUBDIVISION Shepherdville Subdivision. The Planning Commission and
staff reviewed the application and recommended that the
Council order the vacation as requested.
Acting Director of Public Works Lippitt said that this street
vacation was a condition of approval of the tentative
map for the subdivision. The present right of way is
in excess of that required for construction of full street
improvements in this location and the width of right of
way remaining upon vacation will meet adopted City stan-
dards. Mr. Lippltt said that all public utilities have
been notified and no objections have been received.
Council discussion Council discussion followed concerning narrowing of the
streets (approximately twe feet); standards for residen-
tial streets; no change in the actual trav¢lway; and
curbs to provide for handicapped.
Public hearing closed There being no further comments, either for or against,
the public hearing was declared closed.
Motion to bring back It was moved by Mayor Hyde, seconded by Councilman Egdahl
resolution ordering and unanimously carried by those present that staff
vacation prepare a resolution to be brought back at the next
meeting, (9/6/77) ordering the street vacation as described.
City Council Meeting -4- August 23, 1977
CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman
(Items 5, 6a, b, c, Egdahl and unanimously carried by those present that the
7, 8, 9, and 10) Consent Calendar be approved and adopted.
5. RESOLUTION NO. 8787 - The City did not designate an enforcement agency for the
DESIGNATING LOCAL Z'Berg-Kapiloff Solid Waste Control Act of 1976 (AB 2439),
ENFORCEMENT AGENCY FOR and by not naming a local office, the State Solid Waste
CLASS 1 SOLID WASTE Management Board became the City's enforcement agency for
FACILITIES )dqD HEALTH/ these regulations. The State Board has adopted a schedule
NON-HEALTH RELATED of fees which will be charged to the local governing body.
SOLID WASTE STANDARDS To avoid these charges~ the City can designate an enforce-
UNDER THE Z'BERG-KAPILOFF ment agency for the Health and Non-Health related standards.
SOLID WASTE CONTROL
ACT OF 1976 The staff recommended that the Council designate the
State Department of Health as enforcement agency for
Class 1 Solid Waste Facilities; the County Department
of Health as enforcement agency for the Health-related
standards; and the City Manager as enforcement agency
for the Non-Health related standards.
6a. RESOLUTION NO. 8788 - An Agreement has been prepared between the City and
APPROVING AGREEMENT FOCUS Committee/Inter-Agency Consortium for expenditure
BETWEEN THE CITY OF of funds appropriated by the Council in the amount of
CHULA VISTA AND FOCUS $8,000.
CO~qlTTEE/INTER-AGENCY
CONSORTIUM IN REGARD
TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED
AND AUTHORIZING THE
MAYOR TO EXECUTE
SAID AGREEMENT
6b. RESOLUTION NO. 8789 - An Agreement has been prepared between the City and the
APPROVING AGREEMENT Sweetwater Union High School Restaurant Training Program
BETWEEN THE CITY OF (Del Rey Nutrition Program) for expenditure of funds
CHULA VISTA AND THE appropriated by the Council in the amount of $3,000.
SWEETWATER UNION HIGH
SCHOOL RESTAURANT
TRAINING PROGRAM IN
REGARD TO THE EXPENDITURE
OF CITY FUNDS APPROPRIATED
AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
6c. RESOLUTION NO. 8790 - An Agreement has been prepared between the City and the
APPROVING AGREEMENT Chula Vista Elks Lodge for expenditure of funds appro-
BETWEEN THE CITY OF priated by the Council in the amount of $2,000.
CHULA VISTA AND THE
CtIULA VISTA ELKS LODGE
IN REGARD TO THE
EXPENDITURE OF CITY
FUNDS APPROPRIATED AND
AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
7. RESOLUTION NO. 8791 - The Carver Corporation has completed the construction of
ACCEPTING PUBLIC a relief sewer main between Quintard Street and Orange
IMPROVEMENTS - QUINTARD/ Avenue east of Third Avenue (Council Resolution No. 8651).
ORANGE AVENUE RELIEF A final inspection was made and all work was found to be
SEWER completed in accordance with the contract documents and
to the satisfaction of the Director of Public Works.
City Council Meeting -5- August 23, 1977
8. RESOLUTION NO. 8792 - Mr. M. N. Pollard has applied for an encroachment permit
APPROVING ENCROACHMENT to allow an existing barn on his property at 4228 Acacia
PERMIT NO. 77-26 FOR Avenue, Bonita, to remain at its present location which
M. N. POLLARD AT encroaches 2.37 feet into the Bonita Ridge Estates
4228 ACACIA AVENUE Unit No. 3 Open Space. The permit contains a clause that
the encroaching structure must be removed at the owner's
expense upon 30 days' notice from the City.
9. RESOLUTION NO. 8793 - On June 8, 1977 Project Design Consultants, on behalf of
ELECTING TO PROCEED the County of San Diego, submitted a request to vacate
UNDER THE PROVISIONS OF Mankato Street between Third Avenue and Garrett Avenue.
THE STREET VACATION ACT This portion of Mankato Street lies within the project
OF 1941, DECLARING THE area for the proposed South Bay Regional Court facility.
INTENTION OF THE CITY
COUNCIL OF THE CITY OF Staff recommended that September 13, 1977 at 7:00 p.m.
CHULA VISTA TO VACATE A in the Council Chambers be set as the time and place for
PORTION OF MANKATO STREET the public hearing regarding this street vacation.
BETWEEN THIRD AVENUE b~ND
GARRETT AVENUE AND FIXING
A TIME AND PLACE FOR
HEARING THEREON
10. RESOLUTION NO. 8794 - Mr. Clifford Greaser of 178 "K" Street has applied for an
APPROVING ENCROACHMENT encroachment permit to construct a sun deck within a
PERMIT NO. 77-27 FOR drainage easement which crosses the rear of his property.
CLIFFORD GREASER AT The permit contains a clause that states the encroachment
178 "K" STREET shall be removed at the owner's expense upon 30 days'
notice from the City.
(END OF CONSENT CALENDAR)
RESOLUTIONS AND ORDINANCES, FIRST READING
11. RESOLUTION NO. 8795 - In response to previous direction from the Council, the
APPROVING PUBLICATION Human Relations Commission and City staff have prepared
OF HUMAN CARE SERVICES a "draft" copy of a Human Care Services Directory for
DIRECTORY, APPROPRIATING Chula Vista and the South Bay. The objective was to
FUNDS THEREFOR, AND assemble an inventory of social services available to
ESTABLISHING FEES FOR local citizens which would facilitate information and
DISTRIBUTION referral activities.
It was recommended that 500 copies of the directory be
printed "in-house" at a cost of approximately $300 for
materials. (Personnel costs of approximately $120
additional would be absorbed.) Outside printing would
cost some $1,300 for 500 copies.
After printing of the Directory, it was recon~nended that
the information be provided to selected City personnel
(e.g., Senior Service Center, Parks & Recreation Centers,
and Library) free of charge. Outside agencies and in-
dividuals would be charged $1.00 plus 50~ for postage
and handling.
Commendation to Human Mayor Hyde commended the Human Relations Commission and
Relations Commission City staff for their efforts in preparing the Directory.
and staff
Resolution offered Offered by Councilman Egdahl, the reading of the text was
waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Scott
Noes: None
Absent: Councilman Cox
City Council Meeting -6- August 23, 1977
Mayor Hyde noted that the Directory will be printed
"in-house" at the approximate $300 cost.
12. RESOLUTION NO. 8796 - The Federal Highway Act of 1973 provided several programs
APPROVING METHOD OF for funding highways, two of which are the Federal Aid
DISTRIBUTION FOR Urban System and the Safer Off-System Roads Program.
FUNDS APPORTIONED Funds for road projects must be expended on an approved
UNDER THE FEDERAL Federal Aid Urban route. The Safer Off-System Roads
AID FOR SAFER OFF-SYSTEM Program is designed to aid cities and counties in
ROADS PROGRAM solving safety problems on streets and roads that are not
on any Federal Aid Urban system. This program represents
$646,248 for San Diego County.
The County FAU Committee voted to apportion the funds
within the County on a population basis, thus the City
of Chula Vista's apportionment would be $30,836. The
County is also proposing that upon request, a city may
enter into an agreement to exchange Federal Program funds
for an equal amount of County gas tax funds.
This resolution designates the FAU Advisory Committee
as the authorized body to develop the region's Safer
Off-System (SOS) Roads Program; approves distribution
of funds on a population basis; and recognizes that the
City may elect to enter into an agreement with the County
to exchange the City's share of SOS funds for an equal
amount of road fund monies.
Resolution offered Offered by Councilman Egdahl, the reading of the text was
waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Scott
Noes: None
Absent: Councilman Cox
13. RESOLUTION NO. 8797 - Bids were received on July 21, 1977 for the purchase of
ACCEPTING BIDS AND one traffic signal controller. It was recommended that
AWARDING CONTRACT FOR the bids be accepted and the contract awarded to Econolite
ONE TRAFFIC SIGNAL Division, Altec Corporation, the low bidder, in the amount
CONTROLLER of $9,689.00.
The controller will be installed at the intersection of
Fourth Avenue/"H" Street.
Resolution offered Offered by Councilman Egdahl, the reading of the text was
waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Scott
Noes: None
Absent: Councilman Cox
14. ORDINANCE NO. 1762 - The City Council is required to fix the tax rate on or
LEVYING TAXES ON ALL before September 1 of each year. The ordinance provides
PROPERTY IN THE CITY for a combined rate of $1.25 per hundred (1.095 General
OF CHULA VISTA FOR Fund, .115 Retirement Fund, and .040 Debt Service Fund)
THE FISCAL YEAR 1977-78 - for Fiscal Year 1977-78
FIRST READING AND ADOPTION
City Council Meeting -7- August 23, 1977
Ordinance placed It was moved by Councilman Hobel that the ordinance be
on first reading placed on first reading and adopted, and that the reading
and adopted of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Hobel, Hyde, Scott, Egdahl
Noes: None
Absent: Councilman Cox
Tax rate to Mayor Hyde commented for the benefit of those in the
remain at $1.25 audience, that the tax rate was given very careful and
painstaking consideration and discussion during budget
hearings and at subsequent meetings. The consensus was
that the tax rate should remain at $1.25 per hundred
dollars of assessed valuation although there would be
good reasons to raise the rate.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
15. REPORT ON CONSIDERATION The Council continued this item from the meeting of
OF REZONING EL RANCHO August 16 at the request of the City Attorney.
DEL REY FROM P-C TO
OTHER APPROPRIATE Director of Planning Peterson said the P-C zone in
ZONE - (Continued theory is appropriate for the area of E1 Rancho del Rey;
from August 16, 1977) however, on reviewing the shortcomings in implementing
the present plan, it is staff's recommendation that
continuing efforts be made to develop a Community Plan -
not a revised development plan under the P-C district -
followed with rezoning from P-C to some other series
of standard zones.
Mr. Peterson noted that there are 19 different ownerships
involved with the E1 Rancho del Rey properties and it
will be most difficult to reach full agreement on a
common development plan. Under the P-C zone, a development
schedule was to be prepared, but it is difficult to
project market values for future years, and if the
proper market does not exist, development will not move
forward.
Staff recommendation - Mr. Peterson concluded stating that since there has been
to develop a community no success in implementing the existing plan (adopted in
plan along with rezoning 1970) on any kind of an overall basis, the staff is
recommending that they be directed to proceed to prepare
a Community Plan for E1 Rancho del Rey, as a refinement
of the General Plan, to be processed through the Planning
Commission and be brought to the Council along with the
matter of rezoning the property.
Possibility of tie Councilman Scott said there is a possibility that the
vote from Council vote on any motion regarding this matter could be 2-2;
therefore, it would be more appropriate to discuss it
when a full Council is present as there may be con-
siderable discussion on this important issue.
Motion to hold item It was moved by Councilman Scott and seconded by Mayor
over for full Council Hyde that this item be held over until there is a full
Council - sometime in October (October 18).
Mayor Hyde asked, if this matter is continued, that the
Director of Planning make a copy of Resolution No. 6095 -
with appropriate attachments - available to each member
of the Council.
City Council Meeting -8- August 23, 1977
In answer to a query from Councilman Hobel, Mr. Peterson
said the planning on-going now will be applicable to the
standard zoning or to the P-C zone and work will continue
on the current schedule. The consultant's (Sedway/Cooke)
report is due in mid-September.
In response to a request from Councilman Egdahl for a
legal opinion on the staff recommendation to take steps
for rezoning this area, City Attorney Lindberg said he
will prepare a written opinion between now and October 18.
C. Samuel Blick Attorney Blick said he represented Mr. Monsees who has
Higgs, Fletcher & Mack, purchased the Coven property (approximately 50 acres)
Attorneys in E1 Rancho del Rey. He stated his client has submitted
preliminary plans and will soon submit a tentative map
to the City for approval. He expressed concern that there
may be some delay now in this process.
Mayor Hyde replied that City staff has been instructed to
accept plans for processing, but they will not be before
the Planning Commission or Council until certain questions
are resolved regarding development of E1 Rancho del Rey.
Comments will be accepted by the Council at the October
meeting from interested parties regarding whethere the
P-C should be modified to other zoning.
Motion carried The motion to continue this item until a full Council is
present (tentatively October 18) carried unanimously by
those present.
16. CONSIDERATION OF APPEAL This item was continued from the meeting of May 17, 1977
BY ED SVATKO OF PLANNING in order to allow the applicant to explore the possibility
COMMISSION DENIAL OF of shifting the proposed racquetball facility to the
CONDITIONAL USE PERMIT easterly side of the site.
APPLICATION PCC-77-7
FOR CONSTRUCTION OF In a written report, Director of Planning Peterson said
RACQUETBALL COURTS the applicant attempted to shift the building, however,
AT REAR OF 4206 it resulted in an inefficient use of the site. A revised
BONITA ROAD (Continued plan has been submitted which places the building in its
from the meeting of original location on the westerly side of the property
May 17, 1977) and uses the south building wall as a retaining wail.
Mr. Peterson stated the staff concluded that this is
the best layout.
Mr. Peterson explained in some detail the modifications
made in the plan to alleviate the concerns expressed
by the Council and the Planning Commission. The parking
in back of the liquor store is difficult; however, since
it does not affect the public right of way and will only
inconvenience the applicant's customers, the staff
recommended that the appeal be granted subject to the
10 conditions listed on page 2 of the staff report
(copy of which is on file in the City Clerk's office).
Council discussion Council discussion ensued, including site plan and
architectural compatibility, the "D" designator, the
project being "shoe-horned" into the site, the Planning
Commission denial, the difficult parking situation, and
the modifications made to the plan.
Four-fifths' vote Mayor Hyde noted that a four-fifths' vote is required
required to grant the appeal. He asked the applicant, Mr. Svatko,
if he would like to continue this matter until there is
a full Council.
City Council Meeting -9- August 23, 1977
Mr. Svatko said he would prefer to have a decision made
this evening.
Parking problem In answer to a query from Councilman Scott regarding a
potential parking problem if some other type of business
should occupy the site, Mr. Peterson said that the racquet-
ball facility would have less traffic than other uses, and
the use might be limited to some kind of business not
requiring a lot of exposure to the street.
Motion to It was moved by Councilman Egdahl and seconded by Council-
grant appeal man Hobel that the Council adopt a motion to grant the
appeal based on the conditions and findings contained in
the report from the staff.
Motion failed The motion failed by the following vote, to-wit:
Ayes: Councilmen Egdahl, Hobel, Scott
NOES: Mayor Hyde
Absent: Councilman Cox
17. ORDINANCE NO. 17S9 - On August 11, 1977 the City Council placed on first
AMENDING SECTIONS 9.12.130, reading the ordinance relative to the conduct of bingo
SUBSECTION B, AND 9.12.160 games in the City. At that time, the Council deleted
OF THE CHULA VISTA MUNICIPAL the provision allowing legitimate mobilehome park
CODE RELATING TO THOSE NON- organizations and senior citizen organizations to play
PROFIT CHARITABLE ORGANIZA- bingo. The Council voted to reconsider this issue at
TIONS AUTHORIZED TO CONDUCT a meeting in October when a full Council is expected to
BINGO GAMES AND THE LICENSE be present.
FEE THEREFOR - SECOND READ-
ING AND ADOPTION
Ordinance placed on It was moved by Councilman Egdahl that the ordinance be
second reading and placed on second reading and adopted and that the reading
adopted of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Hyde, Scott
Noes: Councilman Hobel
Absent: Councilman Cox
Councilman Scott said that he is willing to vote to have
mobilehome park and senior citizens organizations
included in the ordinance.
Motion to place ordinance It was moved by Councilman Scott that the original ordi-
as originally proposed nance as proposed and later amended by the Council be
on first reading offered and placed on first reading tonight in lieu of
the one just voted on.
No second to motion The motion died for lack of second.
Motion to amend It was moved by Mayor Hyde and seconded by Councilman
Ordinance No. 1759 Scott that the City Attorney bring back an amendment to
Ordinance No. 1759 authorizing the playing of bingo by
mobilehome park associations and senior citizen organiza-
tions.
Request of City Attorney Lindberg commented that the ordinance as
City Attorney previously amended is now on second reading and will
have to be published. He asked, in order to save
publication costs, if it would be possible for the Coun-
cil to reverse their previous action on Ordinance
No, 17S9.
City Council Meeting -10- August 23, 1977
Substitute motion It was moved by Councilman Scott, seconded by Mayor
Hyde and unanimously carried by those present that
Item 17 be reconsidered.
Motion that Ordinance It was moved by Councilman Scott and seconded by Mayor
No. 1759 not be placed Hyde that the ordinance (No. 1759) not be placed on its
on second reading second reading and adopted.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hyde
Noes: Councilman Egdahl
Absent: Councilman Cox
Motion to bring back It was moved by Councilman Scott and seconded by Mayor
ordinance as originally Hyde that the original ordinance be brought back to the
proposed Council at the next Council meeting for first reading.
Concern regarding Councilman Egdahl expressed his concern that there has
discussion been no time to discuss the item, as had been intended,
at the Council Conference (in October).
Motion carried The motion to bring back the original ordinance carried
by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hyde
Noes: Councilman Egdahl
Absent: Councilman Cox
18. ORDINANCE NO. 1760 - Several months ago the Council considered the Planning
AMENDING SECTION 19.28.070 Department's comprehensive program for the improvement
OF THE CHULA VISTA of the order, amenity, and stability of the City's R-3
MUNICIPAL CODE TO zones. The amendment to the Code is designed to regulate
INCORPORATE A SLIDING net residential density in the R-3 and R-3-M zones
SCALE OF PERMITTED through the application of a sliding scale, which employs
NET RESIDENTIAL DENSITY lot area and the number of bedrooms per dwelling unit
WITHIN THE R-3 AND R-3-M as density limitation factors.
ZONAL REGULATIONS AND
CERTIFYING THE NEGATIVE The ordinance was placed on first reading at the meeting
DECLARATION - SECOND of August 16, 1977.
READING AND ADOPTION
Ordinance placed on It was moved by Councilman Egdahl that this ordinance be
second reading and placed on its second reading and adopted and that the
adopted reading of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Scott
Noes; None
Absent: Councilman Cox
19. ORDINANCE NO. 1761 - The present ordinance places the burden of proof on the
AMENDING SECTIONS City to show non-compliance with the ordinance by a
S.58.210 AND 5.38.220 failure to properly report pledged goods. The ordinance
OF THE CHULA VISTA as amended, provides that if, during the course of a
MUNICIPAL CODE RELATING routine inspection, the police find goods which have not
TO THE BASIS FOR THE been reported, the license of a pawnbroker or secondhand
REVOCATION AND SUSPENSION dealer is revoked forthwith and the operator must appeal
OF PAWNBROKER AND SECOND- to the Council for re-instatement of the license.
HAND DEALER BUSINESS
LICENSES - SECOND READING The ordinance was placed on first reading at the meeting
Pd~D ADOPTION of August 16, 1977.
City Council Meeting ~11- August 23, 1977
Ordinance placed on It was moved by Councilman Egdahl that this ordinance be
second reading and placed on its second reading and adopted and that the
adopted reading of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Scott
Noes: None
Absent: Councilman Cox
20. REPORT OF THE CITY MANAGER
a. Request to use City Manager Cole said he had received a letter from the
Library parking Friends of the Library requesting the use of the Library
lot for book fair parking lot on October 8 - Saturday - from 9:00 a.m. to
5:00 p.m. for their book fair.
Motion to approve It was moved by Mayor Hyde, seconded by Councilman
request Egdahl and unanimously carried by those present that the
request be approved subject to conditions as directed by
the staff.
Traffic detour on Mr. Cole said that traffic had to be detoured around
Telegraph Canyon Road improvements being made to Telegraph Canyon Road. Problems
were encountered at the intersection of Oleander and
Telegraph Canyon Road in getting the cement treated base
completed. For the sake of safety, staff is recommending
that the street be closed for work on the north side for
four days beginning on Monday, August 29; and to detour
traffic down Douglas to Halecrest.
Motion to close It was moved by Councilman Egdahl and seconded by Coun-
street for four days cilman Scott that the street be closed as recommended
by the staff.
Council discussion Mayor Hyde expressed concern that in detouring traffic
onto a residential street, it temporarily aggravates a
situation and causes what appears to be a safety problem
to residents on the street. He asked that in addition
to the detour signs, that "slow" signals of some kind
be required in this traffic diversion.
Addition to motion Councilman Egdahl said that as an addition to the motion,
as well as posting "slow" signs, that a notice be given
to the residents on Douglas between Crest and Halecrest
that this will be a temporary condition and the reason
for it in broad terms~ and ask them to encourage children
to be cautious at this time. Councilman Scott agreed as
the second.
Motion carried The motion carried unanimously by those present.
Awards dinner for City Manager Cole announced that the awards party for the
Band to be held City Band will be held on Sunday, August 28, 1977 at The
Sunday, August 28 Glenn restaurant at 6:00 p.m. - a buffet dinner.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
21. REPORT ON SURVEY OF In a written report, Director of Planning Peterson said
USES IN THE C-N ZONE that the purpose of the C-N zone is to provide a shopping
WHICH CONDUCT BUSINESS center for convenience shopping in a residential neighbor-
LATER THAN 11:00 P.M, hood with the hours for conducting business regulated to
ensure compatlbility with adjacent areas.
City Council Meeting -12- August 23, 1977
On the basis of a field survey conducted on July 6, 1977,
staff recommended that the zoning ordinance requirement
restricting business hours in the C-N zone should not be
amended at this time.
Motion to accept It was moved by Councilman Egdahl that the staff recom-
staff recommendation mendation be accepted and that the staff be directed to
enforce the current ordinance.
No second to motion The motion died for lack of a second.
Violations checked by In answer to a query from Councilman Scott as to the kind
observation or complaints of checks made on violations of the ordinance (regarding
filed hours operation), Director of Planning Peterson said that
the staff relies on its own observations or on complaints
received.
Necessity of ordinance Mayor Hyde commented on the report showing that some
questioned businesses are operating in violation of the ordinance,
and also that the Council has allowed some exceptions.
He questioned the necessity of the ordinance.
Motion to continue It was moved by Mayor Hyde that this matter be carried
for one week over one week and at that time that the Council consider
repealing the ordinance.
No second to motion The motion died for lack of a second.
Concern regarding Councilman Egdahl expressed concern, stating that the
repeal of ordinance ordinance has some merit to meet particular needs and
if it is repealed, there may be inadequate protection
to neighborhoods.
Motion to continue It was moved by Mayor Hyde and seconded by Councilman
Item 21 until a full Egdahl that this matter be carried over to the next
Council is present meeting when there is a full Council (October 18) and
to consider repealing the ordinance.
Addition to motion Councilman Egdahl commented that in his second to the
motion, he would include that in the meantime the current
ordinance be enforced.
Ordinance appropriate Councilman Scott also expressed concern regarding enforce-
in C-N zone ment of the law, stating that this ordinance is appropriate
in the C-N zone and should be checked on a periodic basis.
Motion carried The motion to continue Item 21 carried unanimously by
those present.
· 22. REPORT ON REQUEST FOR The Town Centre Business and Professional Association
ORN~d~ENTAL STREET submitted a request to have ornamental street lights
LIGHTS ON "F" STREET installed on "F" Street between Third and Fourth Avenues.
Director of Public Works Roberts, in a written report
recommended that ornamental lights not be used on "F"
Street for the following reasons: (1) The present
schedule is designed to minimize the time "F" Street is
dark; (2) The exact type of pole and lighting fixture to
be used on Third Avenue has not been determined; and
A change in street lighting standards may necessitate
robidding the project. In accordance with the contract
awarded by the Council on July 5, 1977, Perry Electric
Company started construction of "F" Street light* on
August l, 1977. Mr. Roben5 5aid that in the future, these
poles could be removed and replaced with some type of
ornamental pole and lighting fixture.
City Council Meeting -13- August 23, 1977
Motion to accept It was moved by Councilman Egdahl, seconded by Mayor
staff recommendation Hyde and unanimously carried by those present that the
staff recommendation be accepted.
Town Centre Business Mayor Hyde requested that the staff advise the Town
and Professional Associa- Centre Business and Professional Association of the
tion to be advised of Council action.
Council action
23. REPORT ON EXPANDING In a written report, the Director of Public ~Works explained
THE PUBLIC WORKS that the Group 1 Storm Drain Project was advertised as
EMPLOYMENT ACT, five individual contracts and staff estimates that upon
GROUP 1 STORM DRAIN completion of all of these projects there will be approxi-
PROJECT mately $20,000 of EDA funds that will need to be returned
or used for an expanded project. The Economic Development
Administration has informed the City that these funds
should be used soon as it is possible a new ruling from
Washington may freeze all excess funds.
Criteria for using these funds are (1) it must be a
drainage project and be related to the original grant;
and (2) the work must be continuing. This means the new
expanded project should begin before the work on the
last project is completed.
In order to meet the criteria, staff recommended that the
"J" Street storm drain be extended to the east from Church
Street to Del Mar Avenue at an estimated cost of $20,000.
Motion to accept It was moved by Councilman Scott, seconded by Councilman
report and direct Egdahl and unanimously carried by those present that the
staff to submit report be accepted and that staff be directed to submit
amended application an amended application to the Economic Development
to EDA Administration for the expansion of the "J" Street Storm
Drain system.
REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS
24. RECOMMENDATION FOR On August 9, 1977 the Parking Place Commission considered
ACQUISITION OF TWO the Town Centre Project Area Committee's recommendation
LOTS ON CHURCH AVENUE that the City purchase two lots located at 281 and 287
FOR PUBLIC PARKING Church Avenue for public parking purposes. The Commission
PURPOSES voted to recommend that the Council approve this proposal.
Due to the costs involved (approximately $125,000 plus
relocation costs of two dwellings), the staff recommended
that this matter be referred to staff for a Redevelopment
District comprehensive parking needs study and to determine
an appropriate financing program for the development of
parking lots in the District.
Motion to refer It was moved by Councilman Hobel, seconded by Councilman
to staff Egdahl and unanimously carried by those present that this
be referred to staff, based upon their recommendation.
Clarification of motion Councilman Hobel clarified that the report could come
back sometime after the Redevelopment project is settled.
25. REQUEST TO AMEND The City Council approved the amount of $295 for attendance
ENVIRONMENTAL CONTROL of one member of the Environmental Control Commission at
COMMISSION BUDGET FOR the annual League of California Cities conference in
FY 1977-78 San Francisco in September 1977.
City Council Meeting -14- August 23, 1977
The Commission requested an additional $295 for another
member to attend the conference, stating the need for
two members to attend per past experience°
Motion to approve It was moved by Councilman Hobel, seconded by Mayor Hyde
request of Environmental and unanimously carried by those present that the recom-
Control Commission mendation of the Commission be accepted.
26. RECO~NDATION TO IMPOSE On July 27, 1977 the Safety Commission voted to recommend
A MORATORIUM ON NEW to the Council, for "safety's sake," that no new
DEVELOPMENT THAT WILL residential, commercial or industrial development be
HAVE "L" STREET/TELEGRAPH approved that will have its major access from "L" Street/
CANYON ROAD AS ITS MAJOR Telegraph Canyon Road from Third Avenue to Rutgers
ACCESS ROAD Avenue until Telegraph Canyon Road is widened between
Highway 805 and Brandywine Avenue, and traffic lights
are installed in the following locations:
1. Telegraph Canyon Road and Oleander Avenue
2. "L" Street and Second Avenue
3. "L" Street and First Avenue
4. East "L" Street between Helix Avenue and Monterey
Court
5. Telegraph Canyon Road and Halecrest Drive
Howard Evans Mr. Evans said he was speaking as Chairman of the Chula
1431 Camellia Court Vista Safety Commission. He reviewed a staff report
Chula Vista submitted in November, 1976 showing that there were
approximately 17,300 vehicles a day traveling on "L"
Street between Hilltop Drive and Third Avenue with
approximatly 2,600 vehicles a day exceeding the posted
35 m.p.h, speed limit, some by as much as 25 m.p.h. He
said it is very difficult to exit driveways and too
hazardous to make left turns except at signalized inter-
sections. He noted the traffic department "rule-of-thumb"
is that each single family residence generates 10 vehicle
trips a day - 10 new houses could mean 100 additional
vehicles on "L" Street/Telegraph Canyon Road daily.
Mr. Evans reported that a petition has been signed by
168 concerned citizens supporting the Safety Commission
recommendation. He urged that the Council approve the
recommendation.
Comments by interested Ernest Arnold, 897 Beech Avenue; Warren Pearson, 156 "L"
citizens Street; Ronald Garrison, 908 Myra Avenue; and T. A. Davis,
1657 Gotham Street all spoke in favor of the Safety
Commission recommendation. Their comments included (1)
excessive speed on "L" Street; (2) police patroI cost
vs. cost of traffic signals; (3) signals an effective
way to control speed; (4) that staff input be returned
to the Council in two weeks; (5) the close accidents
and rear-end collisions; (6) traffic problem created in
part by the Southwestern College students; and (7) the
suggestion that "H" Street be completed as goon as
possible.
Signals being In answer to a query from Mayor Hyde, Acting Director of
installed Public Works Lippitt said that four intersections that
will be signalized are First and "L", Second and "L"
(to be completed during 1978), Oleander and Crest Drive
(under construction now) and the intersection at
Brandywine will go to bid this fiscal year. The FAU
Project by the State at the intersection of 1-805 and
Halecrest should be completed in 12 to 18 months.
City Council Meeting -15- August 23, 1977
The Council concurred that the completion of "H" Street
is a critical factor in solving the traffic problem.
Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman
Hobel and unanimously carried by those present that this
matter be referred to staff.
27. RECOMMENDATION (See page 2 of the minutes)
REGARDING CITIZEN
REQUEST FOR A
CROSSWALK ON "F"
STREET BETWEEN THIRD
AND FOURTH AVENUES
28. HISTORICAL SITE BOARD In a written report, the Historical Site Board noted that
REPORT ON COMMUNITY the Ordinance defines a site as a building structure, etc.,
CONGREGATIONAL CHURCH or "...mark of historical significance due to its associa-
SITE DESIGNATION tion with such things as noted past events..." The criteria
for placement of sites in the register includes both
structures and sites. Based on these factors, the Board
had recommended that the site of the first church in
Chula Vista be included in the Register although the
original structure does not remain.
The Board requested a clarification of this section of
the ordinance regarding historical sites.
Appropriate to consider In a memorandum to the Council, City Manager Cole said
site of Community that staff has discussed the question with representatives
Congregational Church of the City of San Diego's Historical Site Board and
as having historical learned that they designate sites of historical signifi-
significance cance whether the original structures remain or not. The
staff concluded that under terms and definitions of the
Historical Site Board ordinance, the Community Congrega-
tional Church site only could be designated as having
historical significance.
Motion to accept It was moved by Mayor Hyde, seconded by Councilman Scott
staff recommendation and unanimously carried by those present that the staff
recommendation be accepted.
MAYOR'S REPORT
Inquiries regarding Mayor Hyde said that several people who live in the
traffic light at vicinity of Hilltop and Orange have asked for information
Orange and Hilltop as to when the traffic light will be installed at that
location.
Light to be installed Mr. Lippitt said that construction on this light will
by November, 1977 begin in September and is scheduled to be completed by
the end of November, 1977.
MTDB has not yet Mayor Hyde reported that he attended the Metropolitan
made a decision on Transit Development Board meeting. The Board did not
transit route yet make a decision as to which route they plan to adopt
for their planning and engineering phase. Discussion was
postponed until Monday, August 29. The consultant recom-
mended a route starting at Sweetwater River going north
to Mission Valley to the Stadium. The staff of MTDB
recommended a route from Balboa Avenue south to San Ysidro.
City Council Meeting -16- August 23, 1977
Council invited to Mayor Hyde announced that the members of the Council have
participate in been invited to participate in "Chula Vista Day" in
"Chula Vista Day" Tijuana on Sunday, August 28, 1977.
in Tijuana
League of California Mayor Hyde reminded the Council that the San Diego County
Cities meeting in Division of the League of California Cities is holding
Escondido on August 31 the monthly meeting in Escondido on Wednesday, August 31,
1977. Reservations need to be made by Monday, August 29,
by those wishing to attend.
COUNCIL COMMENTS
Councilman Egdahl to Councilman Egdahl said the vacation schedule should be
be absent on amended to show that he will not be here on October 11.
October 11, 1977 He will be back on October 18.
ADJOURNMENT Mayor Hyde adjourned the meeting at 9:11 p.m. to the
Council Conference scheduled for August 25, 1977 at
4:00 p.m. in the Council Conference Room, City Hall.
Deputy City Clerk