HomeMy WebLinkAboutcc min 1977/05/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. May 17, 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 th~ Council Chamber, City Hall, 276 Fourth Avenue.
ROLL CALL
Councilmen present: Mayor Hyde~ Councilmen Hobel, Cox, Scott, Egdahl
Councilmen absent: None
Staff present: Assistant City Manager Asmus, City Attorney Lindberg, Director of
Public Works/City Engineer Robens, Director of Planning Peterson,
Director of Parks and Recreation Hall, Fire Chief Smithey, Chief
Building Inspector Gingerich, Traffic Engineer Hanson
The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent
prayer.
INTRODUCTION OF NEW Mayor Hyde welcomed Mr. Scott back on the City Council.
COUNCILMAN FRANK A. SCOTT
1. APPROVAL OF MINUTES It was moved by Councilman Egdahl and seconded by Councilman
Cox that the minutes of the meeting of May 10, 1977 be
approved, copies having been sent to each Councilman.
The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Cox~ Hyde
Noes: None
Absent: None
Abstain: Councilman Scott
2. SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF Mayor Hyde introduced Mr. Mizer, a member of the Board of
CORKY MIZER, Directors of the Chamber of Commerce and the President's
COUNCIL GUEST Club of the Chamber.
b. PRESENTATION OF 20-YEAR Mayor Hyde presented Mr. Gutierrez with a pin and certifi-
PIN TO MOSES GUTIERREZ, cate in recognition of his 20 years service with the City.
PUBLIC WORKS EMPLOYEE
ORAL COMMUNICATIONS
Quintard/Tobias park Mayor Hyde announced that he will allow 10 minutes for
acquisition--Item #12 each side to present its case when this item is considered
on the agenda.
Carolyn Butler Mrs. Butler presented the Council with a petition signed
97 Bishop Street by area residents pledging financial support for purchase
Chula Vista of park equipment for the proposed park on Quintard Street
between First and Tobias.
City Council Meeting -2- May 17, 1977
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR pOLICE Th~ San Diego County Wildlife Federation requested a police
FOOT PATROL ON foot patrol be established on the "J" Street Marina during
"J" STREET MARINA tke hours of 4:00 p.m. to 12:00 p.m. on Friday and Saturday
nights in order to make the area usable by the law-abiding
citizens of the County.
Referred to staff It was moved by Councilman Egdahl, seconded by Councilman
Scott and unanimously carried that this request be referred
to staff.
Councilman Egdahl felt it was important to make the bayfront
available to the general public and provide the necessary
security.
b. REQUEST TO REMOVE Mr. and Mrs. Frank Kozak, 634 "J" Street, Chula Vista, re-
ADDITIONAL DIVIDER quested removal of a few more feet of the center divider on
STRIP ON "J" STREET - "J" Street in order to provide easier access into their park-
FRANK KOZAK lng lot for their 40-unit apartment complex.
Referred to staff and It was moved by Mayor Hyde, seconded by Councilman Cox and
Safety Commission unanimously carried that the request be referred to staff
and Safety Commission.
c. VERIFIED CLAIM FOR Ms. Murphy filed a verified claim in the amount of $S5,000
DAMAGES - AGNES MURPHY, (estimate) for injuries sustained due to a fall caused by
288 "F" STREET, an alleged hazardous sidewalk in front of 551 Third Avenue
APT. 1211, on February 25, 1977.
CHULA VISTA
Denied and referred to It was moved by Councilman Cox, seconded by Councilman Egdahl
insurance carrier and unanimously carried that the claim be denied and referred
to the insurance carrier.
PUBLIC HEARINGS AND RELATED RESOLUTION AND ORDINANCE
4. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
VACATION OF HILLTOP DRIVE opened the public hearings on Items 4, 5 and 6.
FROM "E" STREET TO FLOWER
STREET Director of Public Works Robens referred to his written
(Continued from 5/3/77) report to Council explaining that the tentative map for the
Morgan-Gardner Subdivision was approved by the Planning Com-
mission on March 9, 1977 with the condition that Hilltop
Drive between "E" Street and Flower Street be vacated.
The Engineering Division concurs with this condition, based
on the fact that a new street will be constructed within the
subdivision - Flower Street from Hilltop Drive easterly and
southerly to its intersection with "E" Street, opposite
Bonita Road, which will provide better access to the resi-
dents living in the area.
5. PUBLIC HEARING - Director of Planning Peterson submitted the tentative map
CONSIDERATION OF explainning the location as approximately 16 acres located
TENTATIVE MAP FOR west of Hilltop Drive, north of "E" Street and east of
MORGAN AND GARDNER Corte Maria.
SUBDIVISION
City Council Meeting -3- May 17, 1977
The applicant is proposing to subdivide 32.8 acres of prop-
erty as follows: the ~esterly 16.1 acres, R-1 zoned to ac-
commodate 56 single-family lots; and the easterly R-3-P-13
acres for multiple-family - 217 dwelling units.
Mr. Peterson referred to his written report in which he
discussed the circulation element of the map, the size of
the lots, grading, landscaping, proposed walls and fencing,
street names~ undergrounding of utilities and "E" Street
improvements.
The Planning Commission recommended approval of the map in
accordance with the conditions delineated in their Resolu-
tion PCS-76-9.
The Environmental Impact Report was certified by the Plan-
ning Commission on March 9, 1977 and forwarded to Council
for review on March 17, 1977.
Staff reco~nendations The staff recommended approval with the following changes
in the conditions: (1) a4. - Lots 38 and 16 to have an
earth berm and/or decorative block wall combination equal
to 6' in height above the elevation of "E" Street located
on or near the south property line adjacent to "E" Street -
details of the wall and/or mounding to be approved by the
traffic engineer to insure adequate sight distance from
Corte Maria; (2) k. Add: The existing berm and guard rail
located on the north side of "E" Street is acceptable.
6. PUBLIC HEARING - Director of Planning Peterson referred to a plat of the
CONSIDERATION OF CHANGE area explaining that the applicant has requested rezoning
OF ZONING BOUNDARI£S OF to adjust a zoning boundary between the R-1 and R-3-P-13
R-1 AND R-3-P-13 DISTRICTS zones within this proposed subdivision in order to bring
ON PROPERTY NORTH OF the existing zoning into conformity with the proposed ten-
"E" STREET BETWEEN tative map.
CORTE M~RIA AND 1-805,
MORGAN AND GARDNER The Planning Commission recommended approval of the change
of zoning boundaries in accordance with their Resolution
PCZ-77-D. The staff concurs with this recommendation.
Testimonies given Ralph Dotinga, 131Corte Maria; Michael Hussey 130 First
regarding vacation of Avenue; Susan Watry, 81 Second Avenue.
Hilltop Drive
Their testimonies were: (1) concerned with keeping Corte
Maria open for the safety of the children attending
Rosebank School and the narrowness of Flower Street in
front of the school; (2) favor of Hilltop Drive staying
open; however, if it is closed, Flower Street should be
extended to Bonita Road at the time Hilltop is vacated; (3)
don't want to sacrifice the way they have lived in the area
for the sake of a new subdivision coming in; (4) the resi-
dences were there first; (S) the residents don't want the
streets closed off; (6) the City can put in a left-turn lane
to go into Hilltop Drive in the same manner that one was put
in at the bottom of the hill--Bonita Road; (7) present traf-
fic speed is dangerous on First and Flower with 375 children
crossing this intersection daily; (8) difficulty with school
bus turn-arounds.
City Council Meeting -4- May 17, 1977
Jerry Moriarty Mr. Moriarty stated that they prepared the plans for this
Inter-City Engineer subdivision and are in agreement with the staff recommen-
dations. The timing on that portion of Hilltop Drive
(between Flower and "E" Street) would be that Flower Street
would be constructed before the physical closing of
Hilltop Drive. As to the issue of the Bonita Road/Flower
Street offset, Mr. Moriarty discussed the intersection
proposed, stating that Bonita Road will curve around at
"a reasonable radius" intersecting "E" Street at a right
angle and Flower Street "will occur" at that intersection.
Traffic signal Mr. Mizer discussed the signal lights at the new intersec-
tion and on each side of the freeway and questioned whether
this would cause a "real nightmare" during peak hours when
traffic is projected at 5,000 to 6,000 cars an hour.
Director of Public Works Robens said it was unlikely that
the traffic lights at this intersection would be synchro-
nized with the freeway lights. The total hourly traffic
would probably run close to 3,000, but, he felt that the
additional congestion beyond what it is now would not be
significant.
Tom Scanlon Mr. Scanlon stated that in order to go beyond the require-
Utilities Consultants ments of the City's ordinance, clean up the neighborhood,
5580 Adams Avenue, and remove some additional poles that do not fit into the
Suite A ordinance, the developers have agreed to convert a pole in
San Diego front of the Rosebank Elementary School and back out approx-
imately 300 feet of existing overhead lines on Corte Maria.
The developers have also engaged in a private contract with
those property owners on the north side of Flower Street,
east of Corte Maria to underground the lines with no
expense to the home owners. The developer will also convert
to underground utilities at no cost to the property owner
on Hilltop Drive.
Mr. Scanlon added that to accomplish all this, San Diego
Gas & Electric has determined that one additional pole
will have to be erected on the corner of Second and "F"
Street.
Director of Planning Peterson remarked that approval of
this pole is part of the Planning Commission's recommen-
dation to Council.
Letter from The City Clerk noted the letter received from the Chula
School District Vista City School District in which they concurred with
the vacation of Hilltop Drive and in favor of keeping
Corte Maria open.
Mrs. Watry stated that the school district donated that
portion of land directly north of Rosebank School for
street purposes. If the street were to be closed, the
school district would expect that land back.
Director Peterson stated that the normal procedure for any
dedicated right of way is to revert to the person who
dedicated it.
Public hearings closed There being no further testimonies, either for or against,
the hearings on Items 4, 5 and 6 were closed.
City Council Meeting ~5- May 17, 1977
New alignment suggested Councilman Hobel said he was concerned with the safety
element ~ police and fire vehicles, tie asked about the
possibility of cul-de-sacing Flower Street if the new
alignment of Flower Street was constructed in such a way
that the people would have to come down Bonita Road, up
the new alignment to Corte Maria, at which point the street
would be cul~de-saced. The cul,de-sac would be at the west-
erly terminus of Flower Street where it terminates at
Corte Maria. Hilltop Drive would still be closed and
Corte Maria would remain open. Hilltop Drive to "D" Street
would remain open.
Director of Public Works Robens remarked that the staff
hasn't explored this possibility in any detail. He explained
that there would eventually be 270 homes and apartments
served off this one road that would be cul-de-saced and it
would be about 2,000' long. This is much longer than the
staff would like to establish for cul-de-sacs and they
would like to hold them for fewer residences and shorter
distances. In answer to Councilman Hobel's query, Mr. Robens
said he could investigate this and make an oral report at
the next meeting.
Mr. Moriarty said the developers have never considered this
alignment. With the Flower Street extension, as shown on
the tentative map, bus traffic at the Rosebank School would
be able to maneuver easier than on the cul-de-sac as pro-
posed.
Motion to continue It was moved by Councilman Hobel and seconded by Councilman
Scott that Staff be instructed to investigate this proposal
on circulation and come back with a report in one week.
Discussion of motion Councilman Egdahl said he would not be present at the next
meeting and asked for a two-week delay.
Time element in motion - Councilman Hobel included in his motion that the report be
motion carried back on June 7; Councilman Scott agreed to the second, and
the motion carried unanimously.
Mr. John Goddard, the applicant, agreed to the continuance.
Public hearings continued It was moved by Mayor Hyde, seconded by Councilman Hobel
and unanimously carried that the public hearings be con-
tinued to the meeting of June 7 and reopened for additional
testimonies at that time.
RESOLUTION - APPROVING Continued to the meeting of June 7, 1977.
TENTATIVE blAP FOR MORGAN
AND GARDNER SUBDIVISION
6a. ORDINANCE - ADJUSTING Continued to the meeting of June 7, 1977.
ZONED BOUNDARIES OF
R-1 AND R-3~P-13 DISTRICTS
ON PROPERTY NORTH OF "E"
STREET BETWEEN CORTE MARIA
AND 1-805 ~ FIRST READING
City Council Meeting -6- May 17, 1977
7. PUBLIC HEARING ~ This being the time and place as advertised, Mayor Hyde
CONSIDERATION OF opened the public hearing.
APPEAL BY ED SVATKO
OF PLAN]qlNG CO~B~ISSION Director of Planning peterson reported that at the Planning
DENIAL OF CONDITIONAL Commission meeting of April 20, 1977 the applicant requested
USE PERMIT APPLICATION permission to construct and operate a five-court racquetball
PCC-77-7 FOR CONSTRUCTION facility with two 3-bedroom apartment units above to be
OF RACQUETBALL COURTS AT located to the rear of an existing commercial structure.
REAR OF 4206 BONITA ROAD Thc request was denied. The applicant has now abandoned
the plans for the two apartment units and is appealing
only the decision of the Planning Commission denying the
racquetball facility.
An Initial Study (IS-77-21) was certified by the Planning
Commission on April 20, 1977 and forwarded to Council.
Mr. Peterson stated that the staff's recommendation was
to grant the appeal and listed ten conditions of approval.
Speaking against appeal Speaking against the appeal were Mrs. William Spies, Direc-
tor of the Sweetwater Valley Civic Association; Beverly
Bragg, 4027 Old Orchard Lane, Bonita; Dick Virgilio, 4225
Old Orchard Lane, Bonita; E. O. Rogers, P. O. Box 84, Bonita;
Cliff McLean, 4200 Loma Paseo, Bonita; Dr. Warren Gershwin,
Bonita; Thomas W. Glynn, Old Orchard Lane,Bonita.
Their reasons were summarized as follows: (1) the proposed
development would alter and damage the rural ~tmolph~re
of. the community; (2) poor planning to "cram" this facility
into such a small space; (3) parking problems would be prev-
alent; (4) noted the truck loading and unloadings at the
adjacent liquor store and Big Bear market; (5) would create
additional traffic along Bonita Road between Willow Street
and Allen School Lane; (6) the facility would tower over
the existing buildings; (7) air conditioning units on top
of the facility would create an eyesore and noise; (8) un-
reasonable hours of 7:00 a.m. to 11:00 p.m.; (9) trees
planted by the residents of the area would have to be
removed; (10) Chula Vista has preserved the rural atmosc
phere of Bonita and the residents want the Council to keep
that commitment; (11) petition presented signed by 38
residents opposing the facility; (12) the parking area
would be one grade higher than the facility; (13) "why
put a square plug in a round hole", (14) concerned about
the lighting for the facility; (15) no sidewalks and no
street lighting in the area -- want to keep it this way;
(16) plenty of other activities for the youth - 5 courts
would not be ample to keep them all busy.
Speaking in favor Mr, Donald Montell of 1870 Citadel Court, Chula Vista,
of the appeal representing the owner, Ed Svatko, said the reason for
Planning Commission denial was the size of the facility
and its proximity to the residential homes -- no mention
was made of the traffic. By necessity, the facility must
be 20' inside height but would not extend above Old Orchard
Road because the apartment units have been eliminated. Mr.
Montell submitted pictures of the site showing a number of
trees south of the site which he stated already obstruct
the views of the residents on Old Orchard Road. The appli-
cant can make the facility architecturally compatible with
the area and it is in the least conspicuous spot in Bonita.
City Council Meeting ~7- May 17, 1977
Dan Hartley Mr. Hartley said he was representing the Bonita Business
4190 Bonita Road, #104 and Professional Association which recommends approval of
Bonita the development in concept. The Association felt that the
benefits to the community as a whole, especially the youth,
would far outweigh the potential detriments to a few, and
these detriments can be mitigated if the "P" modifier were
placed on the project.
Ed Svatko Mr. Svatko stated the site is zoned commercially and he
Owner of the property could construct other uses such as warehouse storage, off-
road vehicle storage or a lumber yard without a conditional
use permit. In answer to Council's questions, Mr. Svatko
explained the loading and unloading hours at the liquor
store; his agreement to change the construction of the fa-
cility from the west side of the site to the east side; the
time proposed for the facility was given at the suggestion
of the planning staff; lighting would be controlled; the
facility can be opened to the public or by membership if
the Council deemed this more desirable; would work with
the staff on any modifications the Council wish to make.
Tricia Gallagher Ms. Gallagher said that only 4 or 5 people in the commu-
1865 Citadel Court, nity are objecting to this facility and didn't think it
Chula Vista right that they should stop a project which would benefit
the entire community.
Public hearing closed There being no further testimonies, for or against, the
public hearing was declared closed.
Recess A recess was called at 9:05 p.m. and the meeting reconvened
at 9:17 p.m.
Council discussion Discussion ensued regarding the offstreet pmrking area,
shifting the facility to the east side of the property,
traffic congestion, and placing the "P" district on the
approval of the plan.
Mayor Hyde noted that the area is in the "D" architectural
control zone and the Council would have same control over
the development as if it had a precise plan. Director of
Planning Peterson agreed, adding that the Council can re-
quire review of the plans as a condition of approval.
Letter from Sweetwater City Clerk Fulasz noted the letter received from William
Valley Civic Association Cannon, President of the Association, which they recom-
mended denial of the project.
Motion to make letter It was moved by Councilman Scott, seconded by Mayor Hyde
part of record and unanimously carried that two letters received be made
part of the record (from Sweetwater Valley Civic Association
and Bonita Business & Professional Association).
Motion for continuance It was moved by Mayor Hyde and seconded by Councilman Egdahl
and referred back to staff that this matter be continued without reopening the hearing
and referred back to staff to work with Mr. Svatko to see
if those concerns noted by the Council could be reconsidered
and a new proposal for this type of development be brought
before the Council.
City Council Meeting -8- May 17, 1977
Clarification of motion The Council mentioned some of the areas of concern: land-
scaping of area; lighting; shifting the facility to the
east side of the ~ite;traffic congestion; offstreet parking;
lowering of the building to what was initially proposed
and denied by the Planning Con,mission; location of the air
conditioning units.
Speaking against motion Councilman Scott spoke against the motion stating it was
inappropriate because a condition could be placed on the
approval for final review of the plans by Council. He
added it was an undue burden on the applicant to prepare
another set of plans without prior approval of the Council.
Motion failed The motion failed by the following vote, to-wit:
Ayes: Mayor Hyde, Councilman Egdahl
NOES: Councilmen Scott, Hobel, Cox
Absent: None
Motion to deny appeal It was moved by Councilman Egdahl and seconded by Mayor
Hyde that the appeal be denied.
Motion failed The motion failed by the following vote, to-wit:
Ayes: Councilman Egdahl, Mayor Hyde
NOES: Councilmen Scott, Hobel, Cox
Absent: None
Motion to reconsider It was moved by Councilman Hobel, seconded by Councilman
the original motion Scott and unanimously carried that the original motion be
reconsidered.
Original motion restated It was moved by Mayor Hyde and seconded by Councilman Egdahl
that this matter be continued without reopening the hearing
and referred back to staff to work with Mr. Svatko to see
if those concerns noted by the Council could be reconsidered
and a new proposal for this type of development be brought
before the Council. (No specific time element involved).
Motion carried The motion carried unanimously.
8. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
IMPROVEMENT OF HIGHWAY opened the public hearing.
AND CHANNEL FACILITIES
IN TELEGRAPH CANYON Director of Public Works Robens reported that the Wilsey &
FROM CREST DRIVE TO Ham firm have completed a conceptual plan for the ultimate
THE EASTERLY CITY LIMIT development of h~ghway and channel facilities in Telegraph
Canyon from Crest Drive to the easterly City limit. Mr.
R0bens noted that Mr. Jim Hutchison, representing Wilsey &
Ham, was present to make a presentation of the work accom-
plished in preparation of the conceptual plan.
Mr. Robens added that the staff will submit recommendations
concerning this plan to the Council within three weeks.
Jim Hutchison Mr. Hutchison explained the work accomplished in the prepa-
Wilsey ~ Ham ration of the conceptual plans for Telegraph Canyon Road
1400 6th Avenue, and channel from Crest Drive to the easterly City limits
San Diego near Rutgers Avenue [approximately 3.8 miles).
City Council Meeting ,9~ May 17, 1977
Mr. Hutchison referred to the design report which he said
gives the bas~s for the design,the hydraulic calculations,
physical characteristics, recommended depign criteria and
cost. Also discussed was the alternate plans and recom-
mendations.
Mr. Hutchison then discussed the recommendations: (1) for-
malize the highway alignment (N-line) through a Record of
Survey and right of way map~ (2) adopt the "N-Line" align-
ment; (3) designate and use the design flows for Telegraph
Canyon Creek as developed in the 1964 Fogg Study
of Storm Drainage Facilities for future design of flood
control facilities in Telegraph Canyon; (4) designate the
gunite-lined open channel trapezoidal section in that seg-
ment between Crest Drive and 2,770 feet easterly; (5) des-
ignate the open channel trapezoidal with heavy landscaping
to be used from 2,770 feet easterly of Crest easterly to
the end of the project; (6) designate the typical highway
section (Exhibits 2 and 3 on file in the office of the City
Clerk) to be used throughout the length of the project as
the ultimate roadway section.
Public hearing closed There being no further comments, either for or against, the
hearing was declared closed.
Motion to defer action It was moved by Mayor Hyde,seconded by Councilman Cox and
unanimously carried that this matter be referred to staff
for their recommendation as to approriate action.
RESOLUTIONS AND ORDINANCES, FIRST READING
9. RESOLUTION NO. 8630- Rancho Robinhood Unit No. 5 subdivision is located adjacent
DECLARING INTENTION to the southerly right of way line of Otay Lakes Road where
TO CONDUCT A PUBLIC there are existing 69 and 12 KVA overhead power lines. The
HEARING TO CONSIDER Municipal Code requires that subdividers underground existing
THE DEFERRAL OF UNDER- overhead distribution facilities which are adjacent to the
GROUNDING EXISTING property and located within the public right of way whenever
UTILITIES ADJACENT TO the lineal footage of the lines equals or exceeds 600 feet.
THE BOUNDARY OF RANCHO The undergrounding of power lines of 60,000 volts or more
ROBINHOOD, UNIT NO. 3 are exempt.
In this instance, there are two power transmission lines of
69 KV and 12KV supported on the same poles. Removal of the
12 KV line would still leave the 69 KV line on the existing
pole. Robinhood Homes, Inc., has submitted an application
for deferral of undergrounding the existing overhead facil-
ities and the Municipal Code requires that a public hearing
be held. It was recommended that the date of June 7, 1977
at 7:00 p.m. in the Council Chambers be set as the time and
place for the public hearing.
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, Scott, Egdahl
Noes: None
Absent: None
City Council ~leeting -10- May 17, 1977
10. RESOLUTION NO. 8631 - During the past several months the City Council passed
EXPRESSLY FINDING ordinances adopting th~ 1976 Edition of the Uniform Building,
AND DECLARING THAT Mechanical, Housing and National Electrical Codes with spe-
CHANGES AND MODIFI~ cific amendments. In 1976 the State Legislature added sec-
CATIONS TO CERTAIN tions to the Health and Safety Code requiring that all local
UNIFORM CODES ARE amendments to the Uniform Codes shall have an express find-
NEEDED TO PROVIDE ing of fact by the City Council and that the amendments and
FOR LOCAL CONDITIONS the finding of need shall be filed with the State Department
of Housing and Community Development. The Council has ap-
proved three amendments to the Uniform Building Code and
one amendment to the Uniform Mechanical Code.
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, Scott, Egdahl
NoeS: None
Absent: None
lla. ORDINANCE NO. 1747 - On November 18, 1976 Robert J. Eerebout filed a petition for
APPROVING THE annexation to the City of Chula Vista of 1.6 acres of prop-
ANNEXATION TO TIlE erty for the purpose of obtaining comprehensive City services
CITY OF CERTAIN to support proposed apartment units and an attendant commer-
UNINHABITED TERRITORY cial use. The annexation area is located on the east side
KNOWN AND DESIGNATED of Third Avenue between Moss Street and Naples Street.
AS THE EEREBOUT LAFCO~ at its regular meeting on May 2, 1977, adopted a
ANNEXATION - resolution approving the Eerebout Annexation.
FIRST RE~DING
Ordinance placed on It was moved by Councilman Scott that this ordinance be
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 Scott, Egdahl, Hobel, Cox, Hyde
Noes: None
Absent: None
llb. RESOLUTION NO. 8632 - On May 2, 1977 iAFCO adopted a resolution approving the
WITHDRAWING CERTAIN E~rebout Annexation with the condition to detach the ter-
REAL PROPERTY KNOWN ritory from the San Diego County Flood Control District
AND DESIGNATED AS THE and the Montgomery Sanitation District.
EEREBOUT ANNEXATION
FROM THE MONTGOMERY
FIRE PROTECTION
DISTRICT
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
City Council Meeting 711- May 17, 1977
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
12. REPORT ~ RESPONDING The Council continued action on the acquisition of property
TO COUNCIL INQUIRY in the Quintard/Tobias area pending research and study by
REGARDING NEIGHBORHOOD the staff concerning the construction of rest rooms within
PARK ACQUISITION - the San Diego Gas ~ Electric Company right of way, parking
QUINTARD/TOBIAS space, "passive" park development, and the feasibility of
leasing property as an alternate to purchase of property
from existing owners.
In written Director of Parks and Recreation Hall
a
report,
said Mr. R. H. Baumgarten of San Diego Gas & Electric
Company has been contacted and, if the development plans
show a need for rest rooms, they will make every effort to
allow their construction in the SDG~£ right of way. Regard-
ing parking, Mr. Hall said that careful consideration is
~iven to plans for parking lots, but on-street parking is
encouraged for neighborhood parks. "Passive" development
relates to unsupervised recreation areas for play, picnics,
and multiple-use turfed areas. Leasing is legally possible,
but would require careful consideration and study for fea-
sibility and cost.
Staff recommendation Staff recommended that the park be located in Neighborhood
Park District No. 6.05 on the San Diego Gas and Electric
Company easement, west of Hilltop Drive, with staff to
negotiate a lease agreement with SDG~E.
Council discussion Council discussion ensued concerning time element involved
in negotiating leases; the small area of park land which
would result if houses were to remain (approximately 2-1/2
acres - Quintard/Tobias site) and the difference in "neigh-
borhood" park and "community" park development.
Martha Spinler Ms. Spinler spoke in favor of the City purchasing the
50 Bishop Street property at Tobias and Quintard commenting that the San
Chula Vista Diego Gas and Electric Company easement would be difficult
for police to patrol; that there might be a problem in
getting water lines in for rest rooms; purchasing property
would be more in keeping with the guide for planning parks
issued in 1956 by the California Committee on Planning for
Recreation; and that money should be available from several
sources, particularly SP 174, a federally funded grant
and SB 1321, a state funded grant, from business and com-
munity organizations who have indicated they will help, and
pledges from citizens in the area payable when the park is
actually developed.
Clay ~orud Mr. Morud spoke against leasing property for a park, stating
32 Plymouth Court he did not feel it was good business to invest approximately
Chula Vista $100,000 in leased property unless there was some provision
that the land would not revert back to the owners.
Carolyn Butler Ms. Butler spoke in favor of purchasing the Quintard and
97 Bishop Street Tobias property for the park and did not want it limited
Chula Vista to "passive" use.
City Council Meeting -12- May 17, 1977
Terminology of "passive" Director of Parks and Recreation Hall explained his use
described of the terminology of "passive" as it relates to park
development. He gave examples of "active" use as being
supervised sports, lighted ball fields, fenced softball
fields, tennis courts and other active areas. Community
parks have both passive and active uses; neighborhood parks
are used in passive recreation. ~r. Hall also discussed
available financing, particularly the application for the
State Bond Act funds which have been approved by Council
for the sports facility.
Floyd Buggi Mr. Burgi is the owner of one of the pieces of property
66 Quintard Street being considered for park use. He said he was speaking
Chula Vista also for Mr. and Mrs. Romero who own the second piece of
property. Mr. Burgi indicated he did not want to give up
his home which he has owned since 1953. He discussed with
Council and staff the procedures for acquiring the land,
relocation costs, leasing and condemnation procedures. He
also stated that many people in the area are not interested
in having it developed as a park, commenting that this
would create problems for loitering, vandalism, and drug
abuse. In answer to a query from Councilman Cox, Mr. Burgi
stated he would not be able to live in his home if the
properties were leased and developed as a park.
Mayor Hyde restated the staff recommendation which is "to
locate the park site in Neighborhood Park District No. 6.05
on the San Diego Gas and Electric Company easement, west of
Hilltop Drive, and to direct the staff to negotiate a lease
agreement with the SDG&E.
Motion to accept It was moved by Councilman Scott and seconded by Councilman
staff recommendation Cox that the staff recommendation be accepted.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Egdahl, Cox, Hyde
Noes: Councilman Hobel
Absent: None
Implementation included Mayor Hyde commented that the implementation of the staff
in budget considerations recommendation would be included in budget considerations.
13. INTERIM REPORT ON On April 19, 1977 the Council considered a Safety Commission
REQUEST FOR FOUR-WAY recommendation and staff report concerning the installation
STOP AT EAST NAPLES of a four-way stop a~ East Naples Street and Oleander Avenue,
AND OLEANDER AVENUE and on May 10 a supplemental recommendation by the Safety
Commission was submitted requesting that the stop be in-
stalled prior to the end of school in June. The Council
directed staff to prepare a complete report in 60 to 90 days
with an interim report in 30 days.
Analysis by staff In a written report, Director of Public Works said that the
Traffic Engineer took additional counts at this intersection
and projected future volumes for both Oleander and Naples.
With this data and an analysis of the City's warrant system
for stop signs, this intersection failed to meet the criteria
for a four-way stop.
City Council Meeting -13- May 17, 1977
Traffic is stopped on Oleander at the present time; how-
ever, traffic volumes are greater on Oleander than on mast
Naples. This creates several unusual conditions for this
intersection: the wrong street is presently being stopped;
the irregular alignment of Oleander south of East Naples
and a masonry wall create a hazardous situation if traffic
on Oleander is not stopped3 and existing cross gutters along
Naples at Oleander make it unsafe for vehicles traveling
at a prima facie speed on Oleander passing through the
intersection.
In view of the unusual conditions, the Director of Public
Works recon~nended that a four-way stop be installed as the
safest control of traffic at this intersection.
Motion to install It was moved by Councilman Egdahl, seconded by Councilman
four-way stop sign Scott and unanimously carried that a four-way stop sign
be installed at this location.
14. RECO~dENDATION FOR A petition signed by 24 residents on Calle Santiago, Calle
TRAFFIC CONTROL AT Candelero and Valencia Loop, Chula Vista, was received
THE INTERSECTION OF requesting the installation of a stop sign at the inter-
CALLE SANTIAGO, CALLE section of these three streets, waiving the normal criteria
CANDELERO AND for stop signs in this instance. The Council referred this
VALENCIA LOOP request to the Safety Commission and staff.
The Safety Commission recommended that the Police Department
make periodic checks through this area to forestall excessive
speeds. Staff concurred, with checks to be made during
routine patrols.
Motion to approve It was moved by Councilman Egdahl and seconded by Councilman
recommendation Scott that the staff recommendation be approved.
In answer to query from Mayor Hyde, Director of Public
Works Roberts said that when a traffic control devise is
installed, if it is initiated by staff, it is done on an
eight-months trial basis; if it is Council initiated, it
can be done immediately by resolution.
Motion failed The motion failed by the following vote, to-wit:
Ayes: Councilmen C~x, Scott
NOES: Councilmen Hobel, Hyde, £gdahl
Absent: None
Motion to install It was moved by Mayor Hyde and seconded by Councilman
stop sign on six-months Hobel that the stop sign as requested be installed at the
basis site requested on a trial basis for a period of six months.
Clarification of request Director of Public Works clarified that the request is for
a stop sign to stop the traffic on Calle Santiago, which
carries tke predominant amount of traffic and is essen~
tially the through street. Staff recommended that if the
stop sign is installed, that it stop traffic on Calle
Candelero.
Council discussion The Council discussed the use of stop signs to slow traffic
and whether this is a proper use of signs.
City Council Meeting -14- May 17, 1977
Motion restated It was moved by Mayor Hyde and seconded by Councilman
Hobel that a stop sign be installed on Calle Candelero on
a trial basis for a period of six months.
Motion failed The motion failed by the following vote, to-wit:
Ayes: Mayor Hyde, Councilman Hobel
NOES; Councilmen Cox, Scott, Egdahl
Absent: None
Motion to file It was moved by Mayor Hyde that this matter be filed.
Motion died for lack of a second.
Motion to accept It was moved by Councilman Scott, seconded by Councilman
staff recommendation Cox and unanimously carried that the staff recommendation
be accepted.
15. ORDINANCE NO. 1744 - The Police Department requested that the ordinance relating
AMENDING SECTION to the repair or greasing of vehicles be amended to include
10.52.120 OF THE maintenance, such as changing oil or flushing radiators, to
CHULA VISTA MUNICIPAL prevent safety hazards as well as deposit of unwanted mate-
CODE RELATING TO THE rials on the streets. The ordinance was placed on first
REPAIR AND b~INTENANCE reading on May 10, 1977.
OF VEHICLES UPON THE
PUBLIC STREETS -
SECOND READING AND
ADOPTION
Ordinance placed on It was moved by Councilman Cox 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 Cox, Hyde, Scott, Egdahl, Hobel
Noes: None
Absent: None
16. ORDINANCE NO. 1745 - A trial traffic regulation has been in effect for a minimum
ESTABLISHING A PRIMA of eight months and has been performing in a satisfactory
FACIE SPEED LIMIT OF manner. The staff and Safety Commission recommended that
30 MILES PER HOUR ON Schedule IX of Chapter 10.48 of the Municipal Code be amend-
EAST OXFORD STREET - ed by adding the following prima facie speed limit regula,
tion:
East Oxford Street beginning at Nacion Avenue and ending
at a point 497 feet west of Hilltop Drive: Speed limit -
30 MPH.
This ordinance was placed on first reading on May 10, 1977.
Ordinance placed on It was moved by Councilman Cox 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 Cox, Hyde, Scott, Egdahl, Hobel
Noes: None
Absent: None
City Council Meeting ~15~ May 17, 1977
17. REPORT OF THE CITY MANAGER
Contribution to Assistant City Manager Asmus reported that at the Confer-
NIMLO delayed ence of May 12, tke Council authorized transmitting $1,000
to the National Institute of Municipal Law Officers for the
City's share of the suit to be filed regarding the unemploy-
ment insurance compensation issue. The NIMLO office has
indicated that the sum of $1,000 cannot be accepted; how-
ever, the Council will have until July 1, to reconsider this
matter. Staff will bring back further information to the
Council prior to July 1, for final disposition.
REPORT OF CITY OFFICERS AND DEPARTMENT HEADS
18. REPORT ON 1978 SECTION Section 2156 of tke Streets and Highway Code requires a
2156 STUDY - CALIFORNIA report to the Legislature every four years which states the
COUNTY ROAD AND CITY progress made on County and City roads and streets, and
STREET PROGRESS AND pro¥ides an estimate of projected needs. The next report
NEEDS REPORT is due January 1, 1978.
The City's report reflects that maintenance costs continue
to increase and in the next five fiscal years, may total
nearly 7-1/2 million dollars. Unless additional revenue
is provided, it will be necessary to gradually reduce the
proportion of funds expended by the City for new construc-
tion purposes.
Motion to accept report It was moved by Councilman Hobel, seconded by Councilman
Scott and unanimously carried that the report be accepted.
19. REPORT - AUTHORIZATION In a written report, Fire Chief Smithey said that the
TO PURCHASE TELESQUIRT 1977/78 Department budget submittal included a custom built
PUMPER AND WAIVE Telesquirt Pumper at an estimated cost of $132,000. This
BIDDING REQUIREMENT was deleted from the preliminary budget as a 1976 Telesquirt
Pumper, mounted on a commercial Ford chasis, is available
immediately at a cost of $90,000 plus sales tax. It is
needed to replace a 1953 pumper and will more adequately
meet the current and long-range needs of the City than the
ladder company recommended for Station No. 3 by the Insur-
ance Service Office.
Staff recommended purchase of the Telesquirt Pumper and
waiver of bidding requirement.
Motion to accept It was moved by Councilman Egdahl, seconded by Councilman
staff recommendation Scott and unanimously carried that the staff recommendation
be accepted.
REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS
20. RECOMMENDATION FOR %he Council considered a request received from the North
COUNCIL SUPPORT OF County Citizens for Employment, Energy and Environment to
SENATE BILL 4 ~ THE support Senate Bill 4, the Beverage Container Reuse and
BEVERAGE CONTAINER Recycling Act. The request was referred to the Environmen-
REUSE AND RECYCLING tal Control Commission.
ACT
The Environmental Control Commission, at their meeting of
May 9, 1977 recommended Council support of this Bill.
City Council Meeting -16- May 17, 1977
Motion to accept It was moved by Councilman Scott, seconded by Mayor Hyde
recommendation and unanimously carried that the recommendation be accepted.
Mayor Hyde noted that if this Bill is adopted, it will
become effective in January 1980.
21. RECO~qENDATION FOR In 1975, the Council reviewed the recommended criteria for
ADOPTION OF CRITERIA the designation of historical sites, and a public hearing
FOR THE DESIGNATION held on July 30, 1975 resulted in no action being taken
OF HISTORICAL SITES until a review of Historical Site Ordinance No. 1573 was
completed. The Council adopted an amendment to Ordinance
No. 1573 on February 22, 1977 by Ordinance No. 1729.
At their meeting of May 9, 1977 the Historical Site Board
recommended Council adoption of criteria as guidelines for
the designation of historical sites in the City.
Motion to approve It was moved by Councilman Scott, seconded by Mayor Hyde
recommendation and unanimously carried that the recommendation be approved.
22. RECOMMENDATION FOR The Historical Site Board, at their meeting of May 9, 1977,
INCLUSION OF THE voted to recommend that the Council (1) designate the Greg
GREG ROGERS HOUSE Rogers House as Historical Site #1, without regulations
IN THE HISTORICAL relative to demolition and/or renovation as cited in
SITES REGISTER Ordinance No. 1573, amended by Ordinance No. 1729; (2)
enter the site in the Historical Site Register; (3) en-
courage the owner to maintain the site; and (4) present the
owner with a plaque if and when the proposed project is
completed as described in the correspondence from the owner
of the property, (copy of which is on file in the City
Clerk's office).
Motion to approve It was moved by Councilman Scott, seconded by Mayor Hyde
recommendation and unanimously carried that the recommendation be approved.
Mayor Hyde said that Mr. Zogob, the owner of the Greg Rogers
House, has no objections.
MAYOR'S REPORT
Motion for Executive It was moved by Mayor Hyde, seconded by Councilman Hobel
Session and unanimously carried that an Executive Session be held
for personnel matters and litigation at the conclusion of
the agenda.
Letter requesting Mayor Hyde referred to a letter received from County Super-
representative to visor Bates inviting the City of Chula Vista to designate
Policy Task Force a representative to participate on the new Policy Task Force,
re growth management comprised of the County Board of Supervisors and five mem-
bers of the San Diego City Council, for the development of
a major growth management program. The schedule indicates
meetings will be held monthly.
Mayor Hyde designated It was moved by Councilman Egdahl, seconded by Councilman
to represent City Cox and unanimously carried that Mayor Hyde be designated
as the City's representative.
City Council Meeting -17- May 17, 1977
COUNCIL CO~ENTS
Councilman £gdahl to be Councilman £gdahl reminded the Council that he will be
absent for May 24 meeting absent from tke meeting of May 24, 1977 as he will be out
of town.
Report regarding joint Councilman Scott questioned the status of joint meetings
meetings with financial that were to be held between the financial institutions,
institutions, contractors contractors and the City Council to come up with some so-
and Council lutions on housing - pricing, zoning and other problems.
A~sistant City Manager Asmus said some work had been done
to start this program, and a report will be made next week.
Recommendation for Councilman Cox reported that there are two bills being con-
Tax Reform bills to sidered by the State Legislature dealing with property tax
be opposed reform - Senate Bill 12 and Assembly Bill 999. The Legis-
lative Committee recommended that the Council oppose both
of these bills in their present form. A resolution has
already been adopted regarding SB 12, but it is still in
committee and another letter would be appropriate.
Motion to oppose SB 12 It was moved by Councilman Scott, seconded by Councilman
and AB 999 Hobel and unanimously carried that the Council oppose
SB 12 and AB 999.
Recommendation to Councilman Cox said that the Legislative Committee recom-
oppose AB 1815 mends that the Council also oppose Assembly Bill 1815 re-
garding agency shops.
Motion for Council It was moved by Councilman Scott, seconded by Councilman
to oppose AB 1815 Cox and unanimously carried that the Council oppose AB
1815.
Bill regarding Annexation Councilman Cox stated that the Legislative Committee re-
procedures to be commends support for Assembly Bill 1533 regarding the Munic-
streamlined i~al Organ~ati0n Act which provides for streamlining
annexation procedures.
Motion for Council It was moved by Councilman Scott, seconded by Mayor Hyde
support of AB 1533 and unanimously carried that the Council support AB 1533.
Mailgrams forwarded Councilman Cox reported that the Legislative Committee
in opposition to has forwarded mailgrams today to Senate and Assembly Com-
SB 164 and AB 155 mittee Chairmen opposing two bills: Senate Bill 164 deal-
ing with compulsory and binding arbitration; and Assembly
Bill 155 regarding cut off of apportionment of cumulative
traume liability which would result in a windfall to the
insurance industry at the expense of employers and tax-
payers. These mailgrams reflect previous actions of the
Council.
City Council Meeting -18- May 17, 1977
Agenda for June 7 Mayor Hyde commented that the Council now has scheduled
to be kept to a a total of nine public hearings for the meeting of June 7.
minimum in order He asked that staff keep the agenda to a mini_mum or con-
to accommodate sider having an afternoon meeting followed by an evening
public hearings meeting.
scheduled
EXECUTIVE SESSION The meeting recessed to Executive Session at 10:50 p.m.
and the meeting reconvened at 11:59 p.m.
ADJOURNMENT Mayor Hyde adjourned the meeting at 11:40 p.m. to the
regular scheduled meeting of May 24, 1977 at 7:00 p.m.
in the Council Chambers.
City' Clerk
JANE A. D[EDRICHS
Deputy City Clerk