HomeMy WebLinkAboutcc min 1977/01/11 MINUTES OF A REGULAR ~ETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 6:00 p.m. January 11, 1977
A regular meeting of the City Council of the City of Chula Vista, California, was held
on the above date beginning at 6:00 p.m. in the Council Chamber, City Hall, 276 Fourth
Avenue, with the following
Councilmen present: Mayor Scott, Councilmen tfyde, Cox, Egdahl, Hobel
Councilmen absent: None
present: City Manager Cole~ City Attorney Lindberg, Assistant City Manager
Staff
Asmus, Director of Public Works Robens, Director of Planning Peterson,
Director of Community Development Desrochers
The pledge of allegiance to the Flag was led by Mayor Scott followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman
Egdabl and unanimously carried that the minutes of the
meeting of January 4, 1977 be approved, copies having
been sent to each Councilman.
ORAL CO~B~JNICATIONS There were no Oral Communications.
CONSENT CALENDAR It was moved by Councilman Cox, seconded by Councilman
Hyde and unanimously carried that the Consent Calendar
be approved and adopted.
5. RESOLUTION NO~ 8469 - The future owner of the property, Corky McMillin Enter-
APPROVING AGREEMENT prises, has posted all the necessary bonds and has exe-
BETWEEN THE CITY AND cuted the subdivision improvement agreement ($88,000)
M. L. M. DEVELOPMENT, guaranteeing the installation of the public improvements
INC. FOR SUBDIVISION on Ridgeback Road.
IMPROVEMENTS FOR LOT 1
OF TENTATIVE PARCEL
MAP 11-75
6o RESOLUTION NO. 8470 - The property owners have chosen to execute a lien agree-
APPROVING AGREEMENT ment ($147,000) to serve as a performance guarantee for
BETWEEN THE CITY AND the construction of the public improvements on Otay Lakes
DON E. NORMAN, R. GLENN Road.
ASHWILL AND BETTYE J.
ASHWILL FOR LOTS 2, 3
AND 4 OF TENTATIVE
PARCEL MAP 11-75
I 7. RESOLUTION NO~ 8471 - The conditions of approval for tentative parcel map #11-75
~ ~ ACCEPTING-GRANTS OF are as follows:
EASEMENT FROM DON E~
NORMAN AND GLENN AND 1. A grant of easement for street purposes, two feet in
BETTYE ASMWILL width, along the westerly portion of Otay Lakes Road~
2. A grant of easement for street purposes for Ridgeback
Road 55 feet in width.
3. A grant of easement for street tree purposes along
Ridgeback Road and Otay Lakes Road of 7~ feet and 7
feet in width respectively.
City Council Meeting -2- January 11~ 1977
On November 24, 1976, Don Norman and Glenn and Bettye
Ashwill granted the required easements to the City.
8. RESOLUTION NO. 8472 - On December 29, 1976 Otay Lakes Road Shopping Center, a
ACCEPTING, DEDICATING limited partnership, granted to the City an easement for
AND NAMING CERTAIN street purposes. This easement grants an additional 22
REAL PROPERTY IN SAID feet of right of way to the City along the westerly half
CITY FOR STREET AND of Otay Lakes Road. The ultimate right of way at this
HIGHWAY PURPOSES location is 52 feet. This right of way is being dedi-
LOCATED ON OTAY LAKES cated in conjunction with the formation of a proposed
ROAD improvement act district to construct public improvements
between East "H" Street and Bonita Vista Junior High
School°
9. RESOLUTION NOo 8473 - One of the conditions of approval for tentative parcel
APPROVING AGREEMENT map #12-76 is that the developer improve the unnamed
BETWEEN THE CITY AND street between Second Avenue and Minot Avenue, south of
MICHAEL LO-CICERO, "D" Street° On October 4, 1976 the Planning Commission
HARLEY GEERDES, GEORGE approved the request for the deferral for the construc-
BARRETT, ARMANDO PINO tion of these improvements° The property owners for the
AND TERRY ZANKIEWICZ property at 16S Second Avenue have secured a surety bond
FOR DEFERRAL OF PUBLIC in the amount of $4,000 to serve as the performance
IMPROVEMENTS ADJACENT guarantee.
TO 16S SECOND AVENUE
(End of Consent Calendar)
RESOLUTIONS AND ORDINANCES, FIRST READING
10. RESOLUTION NO. 8474 - For the fourth year, the Chula Vista Public Library has
EXPRESSING THEIR been the recipient of a generous, unsolicited gift of
APPRECIATION FOR THE $6,170~ The Resolution is Council's formal acknowledgment
GIFT OF $6,170 CON- of the gift.
TRIBUTED BY THE STEPHEN
AND MARY BIRCH FOUNDA-
TION~ INCa, TO TIlE
CHULA VISTA PUBLIC
LIBRARY
Resolution offered Offered by Councilman Egdahl, the reading of the text was
waived by unanimous consent, passed and adopted by the
Following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Scott
Noes: None
Absent: None
Motion for expenditure It was moved by Councilman Hyde, seconded by Mayor Scott
of funds and unanimously carried that this particular contribution
be expended in a similar fashion to the previous contri-
bution by this donor, unless the staff has a strong feeling
that it should be spent in an otherwise fashion, then
notify the City Council.
Assistant City Manager Asmus said he talked to the
Librarian today and she will submit items to the Council
for the expenditure of these funds°
Mayor Scott indicated the item should be something tangible -
something on which a plaque can be put noting the donor's
name°
City Council Meeting -3- January 11, 1977
11. a. RESOLUTION - At the meeting of January 4, 1977, Council directed that
SETTING FORTH TERMS a resolution be prepared providing that the City accept
AND CONDITIONS RE- the full costs of printing, handling and translating
GARDING THE MAILING OF candidates statements of qualifications~ The City
CANDIDATES' STATEMENTS Attorney prepared two resolutions - one in which the City
AND CAMPAIGN MATERIALS would pay the costs and the other resolution requires
AND DETERMINING THAT payment from the candidates themselves.
THE COSTS OF SAID
CANDIDATES' STATEMENTS Councilman Cox said he made this proposal because of the
SMALL BE BORNE BY THE increased costs of running for elected office; the City
CITY OF CHULA VISTA AND pays for the costs of printing arguments - pro and con;
APPROPRIATING FUNDS and the citizens of the community should get this basic
THEREFOR information concerning all candidates.
OR . Mayor Scott felt that anyone running for office should
have some "earnest money/' and not use this means just to
b. RESOLUTION - advertise their particular business or profession. He
SETTING FORTH TERMS offered the following proposal for securing signatures:
AND CONDITIONS REGARD- if the candidate received 100 signatures, the City would
ING THE MAILING OF give him a $100 discount; 200 signatures, he would get a
CANDIDATES' STATEMENTS $200 discount; and if he obtained 300 signatures, the
AND CAMPAIGN MATERIALS City would pay the entire cost of the Candidate's State-
ment.
Attorney's opinion Assistant City Attorney Beam stated that the opinion of
the Attorney's office at this time is that any requirement
to assist the candidate based upon the number of signa-
tures gained on a petition would probably be unconstitu-
tional and a violation of the equal protection clause.
Mr. Beam added that he has not had a chance to research
this particular question.
The Council concurred that this method for payment of the
Candidates Statement should be tried.
Motion for petition of It was moved by Councilman Cox and seconded by Councilman
signatures in lieu of Hobel that should a candidate get 100 signatures, the
payment of Candidates cost of the Candidates Statement will be decreased by
Statement one-third (1/3); if he got 200 signatures~ the cost would
be decreased by two-thirds (2/3), and; if the candidate
got 300 signatures, the entire cost of the Candidates
Statement would be picked up by the City of Chula Vista.
City Clerk's power Attorney Beam noted that the City Clerk would be empowered
to collect additional to collect any additional monies from the candidates,
monies depending upon the signatures collected.
Clarification of motion Councilman Egdahl noted that the signatures should be
registered voters.
Included in motion Councilman Cox said he would include this in his motion;
Councilman ttobel agreed to the second.
Time element Attorney Beam noted that the time element must be defined -
the petition must be returned by the filing deadline.
City Council Meeting -4- January 11, 1977
Motion carried The motion for the signature petition carried by the
following vote, to-wit:
AYES: Councilmen Cox, Scott, Egdahl, Hobel
Noes: None
Absent: None
Abstain: Councilman Hyde (a declared candidate for the
next election)
11. bo RESOLUTION NO. 8475 - Offered by Councilman Hobel as amended, the reading of
SETTING FORTH TERMS AND the text was waived by unanimous consent, passed and
CONDITIONS REGARDING adopted by the following vote, to-wit:
THE MAILING OF CANDI-
DATES' STATEMENTS AND AYES: Councilmen Hobel, Cox, Scott, Egdahl
CAMPAIGN MATERIALS Noes: None
Absent: None
Abstain: Councilman Hyde (a declared candidate for the
next election)
12. RESOLUTION - This item was continued from the meeting of January 4,
APPROPRIATING FUNDS TO 1977. In accordance with Council's direction, the City
DESIGN AND INSTALL TRAFFIC Clerk notified those interested parties living in this
SIGNALS ON "L" STREET AT area.
FIRST AND SECOND AVENUES
Director of Public Works Robens submitted a report noting
that on December 7, 1976 the Council directed staff to
proceed with plans for the installation of two traffic
signals on "L" Street at First and Second Avenues, inte-
grate these signals into the grid system and report their
recommendations for source of funding.
Mr. Robens stated that the total cost would be $77,000:
$70,000 for construction and $7,000 for consultant engineer-
ing fees.
Motion for reconsideration It was moved by Councilman Egdahl and seconded by ~4ayor
Scott that the resolution be reconsidered.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Scott, Hobel, Cox
Noes: Councilman Hyde
Absent: None
Councilman Egdahl's Councilman Egdahl voiced his concern regarding 1) no
comments information was submitted to the Council regarding the
evaluation of these intersections on the warrant system;
2) the Council had before them an argument by a number of
people and if the Council is to make decisions on where
traffic signalizations are to be installed on the basis
of the number of people that show up and argue for it,
the Council is, literally, throwing a system out that is
being used to determine where the traffic signal should
go (warrant system).
Councilman Egdahl added that he was contacted by a number
of people (after that vote) questioning why they couldn't
get a signal for their particular area.
City Council Meeting -5- January 11, 1977
Councilman Egdahl further added that the proposed signals
would not be used to serve the traffic coming from First
and Second Avenues, but rather to the traffic on "L"
Street. Noise and speed were the problems discussed at
that last meeting, and he is not sure that the traffic
signals proposed will solve these problems.
Councilman Hyde's Councilman Hyde referred to the Council's action at the
comments previous meeting in which it gave approval for the in-
stallation of the traffic signals. The motion for recon-
sideration, he felt, was one of the financing of the
signals. Councilman Hyde felt the installation of the
signals was justified, but the $7,000 for consulting en-
gineering was not.
Discussion Council discussion ensued concerning the time element;
priority of this program; appropriation of the funds;
budget session; and the warrant system.
Director of Public Works Roberts indicated that of all the
projects approved by the Council, he would put these two
on the bottom of the priority list.
Question of Participation Mayor Scott noted that this item needs a 4/5's vote and
since he did not hear the original testimony (previous
meeting), he asked for a legal opinion as to his partici-
pation in this discussion.
Attorney's opinion Assistant City Attorney Beam stated that in an item re-
quiring a public hearing, the ~layor would be precluded
from voting unless he received all the public testimony
or stated he reviewed all the public testimony and under-
stood the issue. This issue does not come within that
category - it is not an adjudicary issue - and it is,
therefore, appropriate that the Mayor not abstain~
Motion for staff to It was moved by Councilman Hyde that the Council sustain
proceed "in-house" its previous action and direct that the Engineering
services for design for this be "in-house." Staff is to
come back and indicate the priority for the design this
would have in competition with other approved light pro-
grams.
No second to motion The motion died for lack of second.
Motion for appropriation It was moved by Councilman Hobel that the Council approp-
of $7,000 for design riate the $7,000 to do the design for these signals at
this time and that the Council reserves the actual commit-
ment of future funds until budget session.
No second to motion The motion died for lack of second.
Motion for postponement It was moved by Councilman Egdahl and seconded by Mayor
of projects to budget Scott that at the time the Council takes up the Capital
session Improvement Projects in the next budget session, that
these two items be considered along with any other signal-
izations that may come before the Council, and find their
place at that time in the budget session.
City Council Meeting -6- January 11, 1977
Warren Pearson Mr. Pearson questioned the motions made by the Council
1S6 "L" Street and spoke of the merits of the residents' request for
Chula Vista installation of the signals; the recommendation of the
Safety Commission to set this as a high priority; and
the warrant system which he felt was "not right." Mro
Pearson added that the City is doing the "a grevious in-
justice'~ and feels it would not be right for the Council
to backtrack on this issue.
Motion fails The motion failed by the following vote, to-wit:
Ayes: Councilmen Egdahl, Scott
NOES: Councilmen Hobel, Hyde, Cox
Absent: None
Discussion Council discussion followed regarding the moral obliga-
tion of the Council to install the signalizations; the
appropriation of taxpayers money for projects not having
a high priority; pressure on the Council by numbers of
people; the use of temporary portable signalizations;
and the problems of noise and speed along "L" Street.
Resolution offered Offered by Mayor Scott, the reading of the text was
waived by unanimous consent.
Amendment to resolution It was moved by Councilman Hyde and seconded by Councilman
Cox that the resolution be amended to delete the $7,000
for engineering services.
Motion carried The amendment carried by the following vote, to-wit:
AYES: Councilmen Hyde, Cox, Scott, Egdahl
Noes: Councilman Hobel
Absent: None
Offer of Resolution The offer of the resolution, as amended, failed by the
as amended following vote, to-wit:
Ayes: Councilmen Hobel, Hyde~ Cox
NOES: Mayor Scott, Councilman Egdahl
Absent; None
(It takes a 4/5's vote of the Council to approve an
appropriation of funds).
Recess A recess was called at 7:08 p.m. and the meeting recon-
vened at 7:14 p.m.
(Councilman Egdahl left the meeting at this time due to
an emergency call).
Staff to proceed It was moved by Councilman Hobel, seconded by Councilman
with design "in-house" Hyde and unanimously carried that staff be directed to
proceed with the design of the traffic signals on "L"
Street "in-house."
City Council Meeting -7- January 11, 1977
In answer to the City Manager's query, Mayor Scott
explained that a majority of the Council feels the staff
should get started on the project within the funds
budgeted this year, and at budget time, the Council will
be ready to consider this matter.
Councilman Hyde asked that the staff notify Mr. Pearson
of this action.
PUBLIC HEARINGS AND RELATED ORDINANCES
2o PUBLIC HEARING - This being the time and place as advertised, Mayor Scott
CITIZEN PARTICIPATION opened the public hearing.
RELATIVE TO THE CO~qUNITY
DEVELOPMENT BLOCK GRANT Director of Community Development Desrochers remarked that
on December 14, 1976 by Resolution No. 8438, the Council
set January 11, 1977 as the date for ti~e second public
hearing relative to the preparation of the Community De-
velopment Block Grant Application. The purpose of the
public hearing is to provide the citizens of Chula Vista
with an opportunity to express their views as to the
allocation of approximately $965,000 by Title I of the
Housing and Community Development Act of 1974.
Mr. Desroehers noted that the Council has scheduled a
Conference on January 13, 1977 at 4:00 p.m. to discuss
the program prioritieSo
Sandra Derky Ms. Derkey said she is the Coordinator at b~eller Elementary
Mueller School School. She asked for Community Block Grant funds to reno-
vate the auditorium of the ~eller School for use as a
community theatre.
William Virchis , Professor of Dramatic Arts at Southwestern
College, spoke in support of this proposal along with Pat
Allen, 236 Woodrow Street, San Diego.
Joe Scannicchio Mro Scannicchio asked for $71,530 for the creation of an
President Economic Development Council. Hr. Scannicchio explained
Chamber of Commerce the make-up of the Board and its duties which would be to
create a market for much needed jobs in this area.
Mary Jane Perkins Ms~ Perkins presented a letter of the Association in
President support of the Chamber's request.
Bonita Business &
Professional Association
Stella Barlow Ms. Barlow asked about her application for the Girls'
78 East Emerson Street Club request for relocation funds.
Chula Vista
Director of Community Development questioned whether Ms.
Barlow was positive of her location (Greg Rogers Park)
for location of this facility.
Ms. Barlow said she was not limiting herself to the Greg
Rogers Park location - the Girls' Club would also like to
stay at their present location.
City Council Meeting -8- January 11, 1977
Vivian Dennie Ms. Dennie said she was speaking on behalf of the Town
Third Avenue News Centre Business and Professional Association. The Board
of Directors are requesting that all Block Grant funds
be used in the Town Centre Redevelopment Area for much-
needed improvements.
Tom Emmons Mr. Emmons, speaking on behalf of the Board of Appeals,
1009 Mission Court requested that the funds be used to 1) provide smoke de-
Chula Vista rectors free of charge to be installed in all single-
family dwellings within a designated code enforcement
area, and; 2) provide the necessary housing inspector and
supporting staff to make the housing program successful.
Robert Stanovich Mr. Stanovich said they submitted a request for $24,000
Our House for a program to reduce juvenile delinquency and work
666 Third Avenue with youth and the families. Staff advised them yester-
Chula Vista day (January 10) that changes made in the HUD policy
makes it unlikely that their proposal falls within the
guidelines. Mr. Stanovich said they would again like
to register their proposal in the hopes that it will
be accepted°
Ted Bell Mr. Bell, President of the Chula Vista Visitors & Conven-
T0 Valecito Way tion Bureau, made a request for funds to plan and con-
Chula Vista struct an information patio at the Bureau on the 1-5 and
"E" Street site. This would be to provide 24-hour visi-
tor information service.
Noted for record It was noted, for the record, that the Council received
requests from 1) the Library Board of Trustees for Block
Grant funds to permit opening the Library on Sundays and,
2) from the Taxpayers Association, Inc. stating that the
money should be used for practical problems such as the
serious drainage problems in the City.
Public hearing closed There being no further public input, for or against, the
public hearing was declared closed.
Council Conference ~ayor Scott announced that the decision of the Council on
scheduled the requests will be made at the Conference scheduled for
Thursday, January 13, at 4:00 p.m.
3. PUBLIC HEARING - This being the time and place as advertised, Mayor Scott
CONSIDERATION OF REZONING opened the public hearing.
16.5 ACRES LOCATED SOUTH
OF "F" STREET BETWEEN Director of Planning Peterson referred to his written
FIFTH AVENUE AND BROADWAY report to Council in which he discussed Council's concern
FROM R-S TO R-I AND R-2 over the "neighborhoods-in-transition" problem - those
single-family residential neighborhoods zoned R-3 that
have been experiencing piecemeal apartment house develop-
mentso The Council directed staff to solve these problems.
~. Peterson remarked that this particular rezoning is the
fourth in a series of recommended actions designed to re-
zone several of the R-3 single and two-family enclaves in
the community to R-i, R-2 or other appropriate zone°
He explained that the areas with the duplexes are being
recommended for R-2 zoning and those with single-family
homes will be rezoned R-1. The triplex in the area will
be allowed to continue as a non-conforming use in the R-2
City Council Meeting -9- January 11, 1977
zone. ~e restaurant (Sambo's) would be a similar non-
conforming use in the R-2 zone that could be made conform-
ing should the owner wish to apply for a conditional use
permit.
On December 13, 1976 the Planning Commission recommended
approval of the rezoning. The Environmental Review Co-
ordinator has found that this property (PCZ-76-P) is cate-
gorically exempt from environmental review requirements as
a Class 3a exemption.
Conflict of Interest Attorney Beam stated, for the record, that he advised
Councilman Cox to abstain from voting on this matter since
he owns property in the area and would thus have a possible
conflict of interest.
Three Councilmen Mayor Scott noted that with Councilman Cox abstaining and
to consider matter Councilman Egdahl absent, there were only three Councilmen
left to consider this matter and it would take the affir-
mative vote of these three to approve the ordinance°
The Council considered continuing this hearing until the
last item on the agenda or until Councilman Egdahl returns
to the meeting. (It was noted that several property
owners in attendance requested that the Council proceed
with the hearing).
Councilman Hyde questioned whether the staff considered
a rezoning of that property west of Ash Avenue to a C-T
zone to provide greater depth along Broadway, provided
that the owners would develop the property oriented to-
ward Broadway.
Director of Planning Peterson answered that this was not
considered. He added that none of the owners whose
properties front on Broadway also own properties that
front on Ash Avenue so they must take their access off
the narrow alleyway.
Previous staff study Mayor Scott discussed the study made several years ago in
which the Council wanted to encourage the matter brought
up by Councilman Hyde. He felt the st~ff should review
this study.
~rs. Les Wilson Mrs. Wilson said she lives in a duplex and all of the
531 Center Street residents along her street wish to have the zoning changed
Chula Vista as recommended by the staff and Planning Commission.
Public hearing closed There being no further conhments, either for or against,
· the public hearing was declared closed.
a. ORDINANCE NO. 1724 - It was moved by Councilman Hyde that this Ordinance be
AMENDING ZONING ~PS placed on its first reading and that the reading of the
ESTABLISHED BY SECTION text be waived by unanimous consento
19.18.010 OF THE CHULA
VISTA MUNICIPAL CODE The motion carried by the following vote, to-wit:
REZONING TI4AT CERTAIN
PROPERTY LOCATED SOUTH AYES: Councilmen Hyde, Scott, Hobel
OF "F" STREET BETWEEN Noes: None
FIFTH AVENUE AND BROAD- Absent: Councilman Egdahl
WAY FROM R-3 TO R-1 AND Abstain: Councilman Cox (due to a possible conflict of
R-2 - FIRST READING interest).
City Council P4eeting -10- January 11, 1977
Recess A recess was called at 8:01 p.m. and the meeting recon-
vened at 8:10 p.m.
(Councilman Egdahl returned at this time).
4. PUBLIC NEARING - This being the time and place as advertised, Mayor Scott
CONSIDERATION OF AMENDMENT opened the public hearing.
TO MUNICIPAL CODE RELATING
TO LOT COVERAGE FOR OPEN Director of Planning Peterson referred to his written
SUN SCREENS report to Council in which he explained that in October
1975 the Council approved a variance appeal increasing
the maximum rear yard coverage in the R-1 zone from 30%
to 59% for a sunshade. It was noted that the ordinance
did not define the difference between a solid patio roof
and a sunshade which allows light to shine through°
Mr~ Peterson explained that this ordinance amendment
differentiates between a solid patio cover and a non-solid
one (open sun screen) and provides that the first 300
square feet of an open sun screen does not count toward
the permitted lot coverage.
On December 13, 1976 the Planning Commission certified the
Negative Declaration and recommended adoption of the amend-
Number of requests In answer to Councilman Hyde's question, Mr. Peterson
stated that the staff has, on record, received two requests
for this variation.
Councilman Hyde questioned the justification to amend the
ordinance based on just two instances. He said it was
just introducing more material into the Zoning Ordinance
that is non-essential.
Public hearing closed There being no further comments, either for or against,
the public hearing was declared closed.
Motion to file ordinance I~ was moved by Councilman Hyde to file the ordinance.
No second to motion The motion died for lack of second.
a. ORDINANCE - It was moved by Councilman Hobel that this Ordinance be
ADDING SECTION 19.04.175 placed on its first reading and that the reading of the
AND AMENDING SECTION text be waived by unanimous consent°
19.58.020 OF THE CHULA
VISTA MUNICIPAL CODE The motion failed by the following vote, to-wit:
RELATING TO LOT COVERAGE
FOR OPEN SUN SCP~EENS AND Ayes: Councilman ttobel
CERTIFYING THE NEGATIVE NOES: Councilmen Hyde, Cox, Scott, Egdahl
DECLARATION - FIRST Absent: None
READING
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
12o RESOLUTION - (This matter was considered earlier in the meeting. See
APPROPRIATING FUNDS TO page 4 of the minutes).
DESIGN AND INSTALL TRAFFIC
SIGNALS ON "L" STREET AT
FIRST AND SECOND AVENUES
City Council Meeting -1I- January 11, 1977
13. ORDINANCE NO. 1721 - This was a Unanimous Consent Item of the meeting of
AMENDING ZONING MAPS January 4, 1977 at which time it was placed on first
ESTABLISHED BY SECTION reading.
19.18.010 OF THE CHULA
VISTA MUNICIPAL CODE
REZONING THAT CERTAIN
PROPERTY ON 3½ ACRES
ON THE WEST SIDE OF
EDGEMERE AVENUE APPROXI-
MATELY OPPOSITE THE KOA
CAMPGROUND FROM R-3
TO R-3-P-20 AND CERTI-
FYING THE NEGATIVE
DECLARATION - SECOND
READING AND ADOPTION
Ordinance placed on second It was moved by Councilman Hobel that this Ordinance be
reading and adopted placed on its second reading and adopted and that reading
of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Hobel, Hyde, Cox
Noes: Councilman Egdahl
Absent: None
Abstain: Mayor Scott (Was not present at original hearing)
14. ORDINANCE NO. 1722 - At the meeting of January 4, 1977 the Council placed the
AMENDING ZONING MAPS ordinance on first reading.
ESTABLISHED BY SECTION
19.18.010 OF THE CHULA
VISTA MUNICIPAL CODE
REZONING AN 11 FOOT STRIP
AT THE NORTHWEST CORNER
OF FOURTH AVENUE AND "E"
STREET FROM C-T TO R-3
AND CERTIFYING THE NEGA-
TIVE DECLARATION - SECOND
READING AND ADOPTION
Ordinance placed on second It was moved by Councilman Hobel that this Ordinance be
reading and adopted placed on its second reading and adopted and that reading
of the text be waived by unanimous consent.
The motion carried by the following vote~ to-wit:
AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl
Noes: None
Absent: None
1S. ORDINANCE NO. 1723 - This ordinance was placed on first reading at the meeting
AMENDING ZONING MAPS of January 4, 1977.
ESTABLISHED BY SECTION
19.18.010 OF THE CHULA
VISTA MUNICIPAL CODE
REZONING TWO PARCELS
LOCATED NORTH OF "E"
STREET BETWEEN JEFFERSON
AND THE EXTENSION OF
WOODLAWN FROM C-V TO C-V-P
AND CERTIFYING THE NEGA-
TIVE DECLARATION - SECOND
READING AND ADOPTION
City Council Meeting -12- January 11, 1977
Ordinance placed on second It was moved by Councilman Hobel that this Ordinance be
reading and adopted placed on its second reading and adopted and that reading
of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl
Noes: None
Absent: None
16. REPORTS OF THE CITY MANAGER
a. REPORT ON LOCAL PUBLIC City Manager Cole reported that the City of Chula Vista
WORKS BILL GRANT OFFERS received notification from the Economic Development Ad-
ministration that two (2) projects have been approved
for funding: Storm Drain Group Project I - $407,513.
and Jay L Jay Drainage Channel - $63,765~
According to regulations, the City must commence con-
struction within 90 days of the grant offer which means
ground is to be broken on or before March 29, 1977o
Report accepted It was moved by ~layor Scott, seconded by Councilman Hobel
and unanimously carried that the report be accepted.
Drainage facilities tour Councilman ltyde asked the staff to report at the next
meeting as to when the Council can expect a briefing and
tour of the drainage facilties in the City.
b. REPORT ON COUNCIL City Manager Cole requested that the Conference items
CONFERENCES scheduled at the last meeting (January 4, 1977) be
changed as follows:
January 13 - 4:00 p.m. - Block Grant Program
January 20 - 4:00 p.m. - Consideration of R-5 areas and
discussion of Growth Management
Seminar sponsored by City of
San Diego and San Diego Chamber
of Commerce attended by Director
of Planning
January 27 - 4:00 p.mo - Consideration and approval of
remodeling plans for Civic Center
February 3 - 4:00 pom. - Park land acquisitions
Recommendations accepted It was moved by Mayor Scott, seconded by Councilman Hyde
and unanimously carried that the r~port be accepted.
Mayor Scott stated he would not be able to attend the
January 13 meeting as he will be in Sacramento; Councilman
Hobel said he will be out of town and would not be able
to attend the meeting of January 27.
Motion to invite Environ- It was moved by Councilman Hyde, seconded by Councilman
mental Control Commission Cox and unanimously carried that the ECC and Planning
and Planning Commission to Commission be invited to attend the growth management
Council Conference meeting (January 20).
City Council Meeting -13- January 11, 1977
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
17o IMPLICATIONS OF COUNCIL On December 7, 1976 the City Council adopted a resolution
POLICY FOR THE FUTURE expressing its intent not to approve further plans for
DEVELOPMENT OF THE EL development in E1 Rancho del Rey other than those already
RANCHO DEL REY AREA approved through the tentative map stage until the matter
of the assessment district or reimbursement procedure and
the application of the Hillside development standards
through identification of ridges and canyons to be pre-
served has been established and resolved.
Director of Planning Peterson submitted a written report
delineating how the Planning staff would implement this
direction. (Report on file in office of City Clerk).
Mr. Peterson said a "key point" here is whether or not
the Council would consider approving specific development
proposals before the existing General Development Plan is
amended. It was his understanding that the Council in-
tended that the Plan be amended prior to any further
development approvals.
The other issue is the area involved° Not included in
the adopted resolution but which the Planning staff feels
should be included is that area designated high density
located at the northeast quadrant of Otay Lakes Road and
Telegraph Canyon Road.
Council discussion Discussion followed regarding the Planning Director's
report; the original motion passed by the Council; the
revised General Development Plan submitted by the Otay
Land Company and the staff's interpretation of Council's
action.
Councilman Hyde said he was the maker of the former
motion and stated his intent was that after the identi-
fication of the ridges and canyons, the staff would apply
that information to the General Development Plan and modi-
fy it accordingly.
Motion for staff It was moved by Councilman Hobel, seconded by Councilman
direction and Cox and unanimously carried that the staff bring back
continuance the adopted resolution to the meeting scheduled for
January 25; also some of the background of the staff's
understanding of the Council's policy.
18. REPORT ON CHULA VISTA Assistant City Attorney Beam presented a written opinion
MUNICIPAL ELECTION CAMPAIGN to the City Council in which he recommended that the City's
CONTRIBUTION AND EXPENDI- Campaign Contribution andExpenditure Control Ordinance be
TURE CONTROL ORDINANCE repealed.
Mr. Beam cited Court cases Which indicate that the oper-
ative provisions of the City's ordinance are unconstitu-
tional. He added that Proposition Nine which the candi-
dates are obligated to file requires substantially the
same disclosure provisions as the City's ordinance prior
to its amendment~
City Council Meeting -14- January 11, 1977
Mr. Beam added that if the Council desired to provide
for a limitation upon expenditures by an individual
candidate and for the disclosure requirements as set
forth in Proposition Nine, he would recommend that the
ordinance be entirely rewritten rather ttmn amended°
Recommendation It was moved by Councilman Hobel and seconded by Council-
accepted man Cox that the recommendations of the City Attorney be
accepted - bring back an ordinance repealing the existing
campaign contribution and expenditure control ordinance°
Motion amended It was moved by Councilman Hyde, seconded by Councilman
Hobel and unanimously carried that the motion be amended
to direct the City Attorney to prepare a new ordinance
reflecting the guidelines established by the United States
and California Supreme Courts with regard to this matter°
Original motion carried The original motion, as amended, carried unanimously°
as amended
19. REPORT ON DRAINAGE Director of Public Works Robens referred to his written
PROBLEM NORTH OF report in which he discussed the complaint of several of
SHASTA STREET the property owners along the 100 block of Shasta Avenue
concerning standing water in the concrete ditch behind
their properties.
Mr. Robens explained that this easement for the concrete
drain was offered to the City at one time but not accepted,
and that the problem of the standing water was caused by
the depositing of fill at the rear of 66 "H" Street~
It was his recommendation that the City improve the 100
foot section of dirt channel between 72 "H" Street and
the properties along Shasta by construction of a low
flow concrete swale. The owner of the property at 66
"H" Street has agreed to pay for the materials to con-
struct a low flow channel across his property; therefore,
City forces will lower the easterly 18 feet of the channel
at 72 "H" Street installing the concrete channel across
66 "H" Street upon payment of materials by the property
owner~
Report accepted It was moved by Mayor Scott, seconded by Councilman Cox
and unanimously carried that the report be accepted°
MAYOR'S REPORT Mayor Scott reported that he received a request from
Supervisor Hamilton asking that office space be made
available in City Hall for a member of his staff for one
afternoon or morning a week. Mayor Scott said he talked
to Mr. Smith, Administrative Aid to Supervisor Hamilton,
and Mr. Smith asked about the possibility and preference
of using the old Mayor's office (presently Administrative
Intern's Office).
Referred to staff It was moved by Councilman Hyde and seconded by Mayor Scott
Scott that this matter be referred to staff with the indi-
cation that the Council would like to accommodate this
request.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Hyde, Cox, Scott, Egdahl
Noes: None
Absent: None
Abstain: Councilman Hobel
City Council Meeting -15- January 11, 1977
Policy Committee Mayor Scott commented that he attended the San Diego
Appointments County ~layors' meeting yesterday and was informed that
there are a number of League Policy Committee Appoint-
ments open if any one of the Councilmen is interested.
The committees are: Administrative Services, Community
Development~ and Revenue and Taxation.
Councilman Hobel said he was interested in the Revenue
and Taxation Committee.
The Council asked for a copy of the report~
Sewer Capacity Costs Mayor Scott informed the Council that Supervisor Hamilton
brought up the matter of the amount of sewer capacity that
the City has been paying for all these years. There is
an indication that if the City wished to utilize the
entire capacity, it would not be available to the City.
Motion for clarification It was moved by Mayor Scott, seconded by Councilman Hobel
and unanimously carried that the City of Chula Vista get
a clarification on exactly what this excess sewer capacity
means as far as utilization and funding.
Director of Public Works Robens reported that the City
pays $254,000 a year for these capacity rights.
Mayor's Trip to Mayor Scott informed the Council that he will be going
Sacramento to Sacramento tomorrow (January 13) to meet'with Assembly-
man Deddeh and Senator Mills regarding coastal legislation°
State of City Message Mayor Scott reported that he will deliver the State of
the City message at the next meeting of the City Council -
January 18 - which will be covered by Channel 2 television.
Starting time for Councilman Hyde noted that the meeting started at 6:00
Council meetings p.m. this evening and it is not running late; therefore,
he sees no need to continue meeting early. The Council
concurred.
Density versus Councilman Cox referred to the Council's action regarding
apartment units the Edgemere property (meeting of January 4) stating that
he felt uncomfortable with the choices the Council had°
The original proposal was for 30 units per acre. The
developer's proposal was for 80 one bedroom units and 26
two bedroom units. The Council subsequently approved 20
units per acrc. Councilman Cox remarked that the developer
is going to come back with a proposal for 40 three bed-
room units and 40 two bedroom units to make his develop-
ment economically feasible.
Motion for staff report It was moved by Councilman Cox, seconded by Mayor Scott
and unanimously carried that the staff be asked to look
at the zoning ordinance and consider making some recom-
mendations that might incorporate changing that ordinance
to allow for basing apartment density on the number of
bedrooms per development as opposed to the number of units
per acre - or a combination thereof.
City Council Meeting -16- January 11~ 1977
Councilman Hyde asked that this item be included in the
Council Conference (January 20, 1977).
ADJOURNMENT Mayor Scott adjourned the meeting at 9:12 p.m. to the
Council Conference scheduled for Thursday, January 13,
1977 at 4:00 p.m.
-- /" ..:z- - City Clerk