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HomeMy WebLinkAboutcc min 1977/08/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIl, OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. August 16, 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, Acting Director of Public Works Lippitt, Director of Planning Peterson, Purchasing Agent Espinosa, Director of Parks & Recreation Hall, 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 Scott, seconded by Councilman Hobel and unanimously carried by those present that the minutes of the meeting of August 9, 1977 be approved copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF Mayor Hyde introduced Mr. Les Downs, member of the Chamber COUNCIL GUEST of Commerce and manager of the Brookside Winery. b. PROCLAMATION - Mayor Hyde read the Proclamation declaring August 24, 1977 DECLARING AUGUST 24, as Dripless Wednesday and urging all citizens to conserve 1977 AS DRIPLESS water. The Proclamation was presented to Dr. Anderson, WEDNESDAY Chairman of the County Committee for Dripless Wednesday. ORAL COMMUNICATIONS Herb Lathan Mr. Lathan invited the Council and public to the first 635 Carla Sunday opening of the Library on September 11, 1977. Me Chula Vista added that SB672, the Library Services Act, passed the Senate 27 to 1 and came out of the Education Committee and will now go into Finance. Steve Owens, President Mr. Owens said that the "Town Centre Moves Outdoors Sale" Town Centre Business is scheduled for Saturday, August 27, and they are re- & Professional Association questing that two parking meters be closed on the north- east corner of Third Avenue and "F" Street from 3 p.m. Friday, August 26 to 9 a.m. Monday August 29, for the purpose of locating a remote van from one of the radio stations. Motion to approve It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried by those present that the request be granted. 14. REPORT ON CONSIDERATION A request was received from the City Attorney and staff OF REZONING EL RANCHO for a continuance of this item to allow them more time DEL REY FROM P-C TO for further analysis. OTHER APPROPRIATE ZONE City Council Meeting -2- August 16, 1977 Motion to continue It was moved by Councilman Hobelj seconded by Mayor Hyde and unanimously carried by those present that this matter be continued to the next meeting - August 23, 1977. 3. WRITTEN COF~qUNICATIONS a. REQUEST TO REVISE In order to provide uniformity in the regulation of taxicab TAXICAB ORDINANCE - operations in the incorporated and unincorporated areas  JIM BATES of San Diego County, Supervisor Jim Bates requested that the City adopt the following provision in the Taxicab Ordinance: "It sha~ be u~c~0f~ fo~ the d~ve~ oh operator of any taxicab to refu~e a prospective pa~sengcr or to take any action to a~ively disco~age a prospec- tive passenger on the basis of race, creed, color, age, sex, handicap, or national origin." City Manager Cole noted the following provision in the City's ordinance which states: "Certificates may be suspended or revoked by the Council at any time in case... for any other reason which the Council may deem to wa~a~ saspe~sion or revocation." Based on this provision, Mr. Cole stated that the Council has the right to revoke a license for acts of discrimination. Motion to write to It was moved by Councilman Scott, seconded by Councilman Supervisor Bates Hobel and unanimously carried by those present that a letter be drafted and sent to Supervisor Bates indicating that the City already has adequate provision in the ordinance. b. REQUEST FOR CITY Mr. Steve Owens, President, requested that the City staff STAFF ASSISTANCE TO clean up the debris and weeds in the Town Centre area CLEAN UP DEBRIS AND prior to their sale on August 28, 1977. WEEDS IN PARKING LOTS AND PUBLIC AREAS PRIOR TO "TOWN CENTRE MOVES OUT OF DOORS" SALE Referred to staff It was moved by Councilman Hobel, seconded by Mayor Hyde and unanimously carried by those present that the request be approved subject to staff recommendations. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCE 4. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION DF PRECISE reopened the public hearing. PLAN FOR THE DEVELOPMENT OF AN EMPLOYEE PARKING Director of Planning Peterson explained that this public LOT AT 371-377 "H" STREET hearing was continued from the meeting of August 2, 1977 IN THE C-O-P ZONE (Con- in order that the applicant could submit more information tinued from the meeting regarding landscaping, lighting and fencing for the of August 2, 1977) proposed employee parking lot. A revised plan has now been submitted. Mr. Peterson referred to his written report to the Council in which he discussed the applicant's proposal. He explained that other businesses have been granted per- mission to use adjacent properties in the R-2 and R-3 zones for parking; however, there have been no parking lots approved which are not adjacent to the use even though the Code does allow for such non-adjacency if approved by the Planning Commission. City Council Meeting -3- August 16, 1977 Mr. Peterson said that the staff recommends approval of the precise plan based on the following conditions: (1) a 6' high zoning wall shall be erected alon~ the northerly property line unless the Planning Commission grants a waiver pursuant to Section 19.58.360 of the zoning ordinance; (2) Concrete wheel stops shall be placed in the parking spaces adjacent to the east and west property lines. Council discussion Council discussion followed in which Mr. Peterson answered questions pertaining to traffic control (applicant proposes no traffic control at this time); fencing - leaving the chain link fence on the westerly property line; lights in the lot; temporary use of the lot and long range plans of the hospital for onsite parking. Councilman Hobel's Councilman Hobel noted he was not present at the last participation meeting when the public hearing was before the Council; however, he has reviewed the minutes and backup material relative to the hearing. Ronald Davis, Architect Mr. Davis said he is representing Bay General Hospital. He described the lights to be installed which he said were designed specifically for parking lots. He requested approval from the Council to put in a 6' wooden fence on the north boundary line instead of the concrete block, since the use of the area is a temporary one. Public hearing closed There being no further comments, either for or against~ the hearing was declared closed. Future review of site In answer to the Council's query, City Attorney Lindberg stated that the Council could schedule this matter for review at a date certain; it would not be possible to eliminate the entire project at that time - only to make appropriate adjustments based on conditions that might exist at that time. Motion for review It was moved by Mayor ltyde, seconded by Councilman Egdahl that, as a condition of approval, it be clearly set forth that if any traffic safety problems be generated by this plan that staff is directed to report the matter to the City Council with a recommendation for resolution. Discussion of motion Acting Director of Public Works Lippitt commented that there are two projects in the area that are going to influence the traffic on "N" Street between Third and Fourth Avenues: the court complex and the left turns on Fourth Avenue. This will include extending the left-turn pocket on "H" Street toward this parking lot. Councilman Nobel spoke against the motion indicating that referral back to the Council would be automatic and the 3-year time period originally discussed by the Council would be ample time for review. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Egdahl, Scott Noes: Councilman Hobel Absent: Councilman Cox City Council Meeting -4- August 16, 1977 Motion to change It was moved by Mayor Hyde, seconded by Councilman Hobel condition of wall and unanimously carried by those present that the con- on north property line dition of the wall on the north property line be changed to a 6' wooden fence. Motion for review It was moved by Councilman Scott and seconded by Councilman in 3 years Hobel that a condition be placed on the precise plan whereby the Council will review the entire situation in three years. Speaking against motion Mayor Hyde spoke against the motion commenting that this plan is no worse than others that have been approved by the Council or another use that could occur on this property. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel Noes: Mayor Hyde Absent: Councilman Cox RESOLUTION NO. 8780 - Offered by Councilman Hobel, as amended the reading of the APPROVING PRECISE PLAN text was waived by unanimous consent of those present, FOR THE DEVELOPMENT passed and adopted by the following vote, to-wit: OF AN EMPLOYEE PARKING LOT AT 371-377 "H" STREET AYES: Councilmen Hobel, Hyde, Scott, Egdahl FOR BAY GENERAL CO~IJNITY Noes: None HOSPITAL AND CERTIFYING Absent: Councilman Cox THE NEGATIVE DECLARATION 5. PUBLIC HEARING - This being the time and place as advertised, ~ayor Hyde CONSIDERATION OF REVISION declared the public hearing opened. OF THE CHULA VISTA SANITARY SERVICE Chula Vista Sanitary Service has requested a 20% increase COLLECTION RATES in rates based on the County of San Diego's announced 150% increase in landfill fees, an increase in operating costs of 11% since the last rate increase in February 1975, and finally, ~ 20% increase in the consumer price inde× from 149.9 in August 1974 to 180.6 in ~ay 1977. Acting Director of Finance Franken referred to the written report to the Council in which he made a rate study comparing costs in the other cities in the County and analyzing the financial statements of the Company. It was sta£f's recommendation that the 20% requested increase was justified. Council discussion Discussion followed in which Mr, Franken answered the Council's questions concerning the 9% desired return on the investments. Dick Chase, President Mr. Chase stated they are the only rubbish firm in San Chula Vista Sanitary Diego County that has to furnish an unqualified audit to Service Council. He added that since October 31, 1973 through March 31 of this year, they only realized a 3.7% return on their investment. In answer to Councilman Scott's question, Mr. Chase said he does not have any industry standards indicating the return on investments should be 9% or 10%; however, industries, as a rule, look toward 10% to 12% returns. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting -5- August 16, 1977 5a. RESOLUTION NO. 8781 - Offered by Councilman Hobel, the reading of the text was REVISING THE CHULA VISTA waived by unanimous consent of those present, passed and SANITARY SERVICE adopted by the following vote, to-wit: COLLECTION RATES AND ESTABLISHING A AYES: Councilmen Hobel, Hyde, Scott, Egdahl NEW SCHEDULE Noes: None Absent: Councilman Cox Industry figures Councilman Scott said he would like to see some industry figures on the rate of return whether it is 9% or more. Mayor Hyde asked the City Manager to provide this informa- tion. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF PROPOSED declared the public hearing opened. AMENDMENT TO SECTION 19.28.070A OF THE In a written report to the Council, Director of Planning MUNICIPAL CODE TO Peterson responded to the Council's concern over the INCORPORATE A SLIDING density and location of the City's several R-3 zones. SCALE OF PERMITTED Several months ago, the Council considered the Planning NET RESIDENTIAL Department's comprehensive program for the improvement DENSITY WITHIN THE of the order, amenity, and stability of the R-3 zones R-3 AND R-3-M ZONAL and instructed staff to proceed with the several projects REGULATIONS constituent to the program. Mr. Peterson detailed the proposed amendment stating that the provisions are designed to regulate net residential density in the R-3 and R-3-M zones through the application of a sliding scale which employs lot area and the number of bedrooms per dwelling unit as density limitation factors. On April 28, 1977, the Environmental Review Committee conducted an Initial Study, IS-77-34 on the proposed amendment and recommended the finding that it would not have a significant impact upon the environment thereby issuing a draft Negative Declaration. On July 27, 1977, the Planning Commission certified the Negative Declaration and recommended adoption of the amendment in accordance with their Resolution PCZ-77-2. Council discussion Councilman Hobel questioned what the percentage increase would be in the cost of apartments by making these amendments. Mr. Peterson remarked that it might depress the cost of the land to an apartment builder; however, he would not want to venture a guess as to the percentage increase. Steve Owens, Architect Mr. Owens spoke in favor of the amendment stating the 272 Church Avenue City should do something to improve the environment Chula Vista especially if it wants to attract the middle-income people back into the Town Centre area. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting -6- August 16, 1977 6a. ORDINANCE NO. 1760 - It was moved by Councilman Scott that this ordinance be AMENDING SECTION 19.28.070 placed on its first reading and that the reading of the OF THE CITY CODE TO text be waived by unanimous consent. INCORPORATE A SLIDING SCALE OF PERMITTED NET The motion carried by the following vote, to-wit: RESIDENTIAL DENSITY WITHIN THE R-3 AND R-3-M AYES: Councilmen Scott, Egdahl, Hobel, Hyde ZONAL REGULATIONS AND Noes: None CERTIFYING THE NEGATIVE Absent: Councilman Cox DECLARATION - FIRST READING CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman (7-8-9) Egdahl and unanimously carried by those present that the Consent Calendar be approved and adopted. 7. RESOLUTION NO. 8782 - Toups Corporation has submitted data to the City for in- CERTIFYING TOUPS CORPORA- clusion in the list of Environmental Impact Report TION AS A CONSULTANT Consultants. Both the staff and the Environmental Review QUALIFIED FOR THE Committee recommended inclusion of this Corporation in PREPARATION OF ENVIRON- the list. MENTAL IMPACT REPORTS FOR THE CITY OF CHULA VISTA 8. RESOLUTION NO. 8783 - V & V Development, Inc. signed a proposed agreement with APPROVING AGREEMENT the City to participate in the construction of Edgemere BETWEEN THE CITY OF Avenue south of the 1-54 freeway. V & V will pay for the CHULA VISTA AND V & V curb, gutter and sidewalk in front of the proposed Brent- DEVELOPMENT, INC. FOR wood Arms apartment project and for a portion of the STREET IMPROVEMENTS ON engineering costs. EDGEMERE AVENUE 9. RESOLUTION NO. 8784 - For the past eight months, there has been a stop sign on ESTABLISHING BOULEVARD Buena Vista Way (SB) at the intersection of Calle Santiago STOP AND/OR THROUGH and Buena Vista Way. The staff and Safety Commission STREET IN THE CITY recommended the trial traffic regulation be made permanent. OF CHULA VISTA (END OF CONSENT CALENDAR) ORDER OF THE AGENDA Councilman Hobel questioned the order of the agenda which was changed placing the Consent Calendar back on. Mayor Hyde explained that it was the concurrence of the Council at the last meeting to return to this format. Motion to retain It was moved by Councilman Scott and seconded by Mayor same format Hyde that the Council retain the same method (order of the agenda) that it has had for the past eight years. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: Councilman Hobel Absent: Councilman Cox City Council Meeting -7- August 16, 1977 RESOLUTIONS AND ORDINANCES, FIRST READING 10. RESOLUTION NO. 8785 - Purchasing Agent Espinosa reported that replacement FINDING THAT IT IS TO repair parts are required for the Econolite telemetry THE CITY'S BEST INTEREST system which is used in conjunction with the computer TO WAIVE BIDDING REQUIRE- controlling the street signals within the City. Since MENTS FOR THE PURCHASE Econolite Division, Altec Corporation is the sole source OF TELEMETRY SYSTEM PARTS for the repair parts, it is recommended that the Council waive the bidding requirement and authorize the purchase of the parts which amounts to $15,230.08 including tax. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Hyde Noes: None Absent: Councilman Cox 11. RESOLUTION NO. 8786 - Bids for a wood playground structure for installation at ACCEPTING BIDS AND Rohr Park were received on May 31, 1977. Miracle/Jamison AWARDING CONTRACT FOR submitted the only bid on their Mark IV Image City with PLAYGROUND STRUCTURE Tornado slide playground structure. The purchase price is $15,618 plus $817.08 sales tax for a total of $14,43S.08. Bidding procedure In answer to the Council's query, Director of Parks & Recreation Hall explained the reason for the City getting only the one bid -- the structure is unique in that it is wooden and the other two firms did not desire to modify their metal structures. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Egdahl, Hobel Noes: Councilman Scott Absent: Councilman Cox 12. ORDINANCE NO. 1761 - In a written report to Council, City Attorney Lindberg AMENDING SECTIONS 5.3g.210 explained that the present ordinance requires the Council AND 5.38.220 OF THE to hold a public hearing prior to the revocation of a CHULA VISTA MUNICIPAL pawnshop or secondhand dealer license. This places the CODE RELATING TO THE burden of proof on the City to show non-compliance with BASIS FOR THE REVOCATION the ordinance by a failure to properly report pledged AND SUSPENSION OF goods. PAWNBROKER AND SECOND- HAND DEALER BUSINESS Mr. Lindberg recommended the conditional approach taken LICENSES - FIRST READING by the City of San Diego and offered the amendment to the Code which states that during the course of a routine inspection, if the police find goods which have not been reported pursuant to the ordinance, the license is revoked forthwith and the pawnshop operator must appeal to the Council for reinstatement of the license. Ordinance placed It was moved by Councilman Egdahl that this ordinance be on first reading placed on its first reading and that the 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 City Council Meeting -8- August 16, 1977 13. REPORT OF THE CITY MANAGER No report. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. REPORT ON CONSIDERATION Continued to meeting of August 23, 1977. OF REZONING EL RANCHO DEL REY FROM P-C TO OTHER APPROPRIATE ZONE 1S. REPORT ON STUDY OF Director of Public Works Robens submitted the report TR~SIT COST ACCOUNTING prepared by the consulting firm of Arthur Andersen & PROCEDURES Company of the cost accounting procedures used in the Chula Vista Transit operation. The cost accounting system recommended is designed to determine unit cost data at the outset of implementation and to manipulate this data through the process to generate cost category summaries. In his written report, Mr. Robens remarked that this system would minimize the potential for post-factor controversy and establish a mechanism to track costs on an on-going basis rather than operating blindly, relative to cost, throughout the year. Dave Connor Mr. Connor answered the questions raised by the Council Transit Coordinator concerning the training of personnel at Aztec; preparing the forms for the bus company, and the fact that he could not state that there would be any cost savings to the City. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried by those present that the report be accepted. 16. REPORT ON CHANGES Director of Public Works Robens submitted a written report TO SAN DIEGO TRANSIT to Council explaining that on June 22, 1977, the Mayor ROUTE 100 sent a letter to the Chairman of the Board of the San Diego Transit Corporation expressing Council's concern about the quality and level of inter-city transit services and the cost of same, particularly opposing the proposed fare increase for Route 100 Express. In the report, Mr. Robens discussed the reply from San Diego Transit which noted the pending changes to Route 100 schedule which is designed to improve the travel time between Chula Vista and San Diego. He added that the changes do improve inter-city bus service for the City and increases the validity of the "express" designation. The reply does not address itself to the overcrowded conditions on Route 32 nor the cost/service expressed by the Council. Motion to accept report It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried by those present that the report be accepted. MR. CONNOR LEAVING CITY City Manager Cole reported that the Transit Coordinator, Dave Connor, is leaving the City's employ. Mr. Connor said his reasons for leaving were personal and based on the fact that his family strongly desired to return to the northeast - New York metropolitan area. The Council expressed their regret in seeing Mr. Connor leave. City Council Meeting -9- August 16, 1977 17. MAYOR'S REPORT a. Appointment of It was moved by Councilman Scott, seconded by Councilman Alternate to the Egdahl and unanimously carried by those present that Metropolitan Mayor Hyde be appointed as Alternate to the Metropolitan Transit Development Transit Development Board. Board (MTDB) b. Conference scheduled Mayor Hyde announced that a Conference has been tentatively on school fees scheduled on the school fees for October 13; however, this is the day of the Annual Awards Banquet and a request was received to change the date. Motion to change It was moved by Councilman Scott, seconded by Mayor Hyde to October 20 and unanimously carried by those present that the Con- ference date be changed to October 20, 1977, at 4:00 p.m. Other item for Mayor Hyde indicated that the Council would also want to consideration consider the matter of the sidewalk, curb & gutter improve- ments along Telegraph Canyon Road. c. Bike Routes Mayor Hyde noted that the bike lanes put in several years ago have become nearly obliterated and he has had a .request that the Council look back into the bike problems in the City once again. Motion to refer to It was moved by Mayor Hyde, seconded by Councilman Scott Safety Commission and unanimously carried by those present that the Safety Commission be requested to re-evaluate the City's bike route system and to make recommendations to the City Council with regard thereto. COUNCIL COM~ENTS Motion for It was moved by Councilman Hobel, seconded by Councilman Executive Session Egdahl and unanimously carried by those present that an Executive Session be called at the close of the meeting for reasons of possible litigation. Meeting with Councilman Itobel reported on the meeting he attended with Richard S±lberman Supervisor Hamilton yesterday in Sacramento with Richard Silberman, Secretary of Business and Transportation. Mr. Silberman said that the State was willing to work hard with all the communities who are interested in locating a Japanese auto plant in their areas; however, the heavy burden will lie with the communities proposing the properties. There is a lot of work that has to be done on this project and Supervisor Hamilton will be contacting the Mayor in the near future. Carlsbad field trip Councilman Scott stated the field trip taken August 13 was very enlightening and felt the Council should do this at least on a quarterly basis. Councilman Hobel suggested it would have been beneficial to have had the property owners of E1 Rancho del Rey along, since the purpose of the trip was to look at developments that would relate to that area. Visitor-Convention Councilman Scott announced that the first meeting of this Committee Committee will be held on Wednesday, August 17, 1977, at 7:00 p.m. in the Engineering Conference Room, City Council Meeting -10- August 16, 1977 National City's stand Councilman Egdahl noted one of the concerns expressed by on shared sales tax Council in putting together the joint parcels with National City for the proposed Honda Plant on the bayfront was the issue of the sharing of occrued sales tax. At the Comprehensive Planning Organization meeting yesterday, the representative from the City of National City declared that "in no way would their Council ever con- sider sharing sales tax." Councilman Egdahl felt this was an area which the City should watch. Low-Income Councilman Egdahl announced that the next meeting of Housing Committee this committee would be held on Thursday, August 18, 1977, at 7:00 p.m. in the Council Conference Room. Wife of Kyle O. Stewart Mayor Hyde announced the passing of Mrs. Kyle O. Stewart passed away and expressed the Council' regrets. Bonitafest Mr. Downs invited the Council and the public to the Bonitafest which will be held on October 1 and 2, 1977. Executive Session The Council recessed to Executive Session at 8:30 p.m. and reconvened at 8:45 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:45 p.m. to the meeting scheduled for Tuesday, August 23, 1977, at 7:00 p.m. in the Council Chambers, City ttall. (CITY CLERK /