HomeMy WebLinkAboutcc min 1976/12/14 HINUTES OF A REGULAR MEETING OF TIlE CITY COUNCIL
OF TIlE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. December 14, 1976
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,
with the following:
Councilmen present: Mayor Hamilton, Councilmen Hyde, Cox, Egdahl, Hobel
Councilmen absent: None
Staff present: City Hanager Cole, Assistant City Hanager Asmus, City Attorney Lindberg.
Director of Public Works Robens, Director of Planning Peterson,
Director of Building and Housing Grady, Director of Parks and Recre-
ation Hall, Director of Community Development Desrochers, Citizens
Assistance Officer Smith
The pledge of allegiance to the Flag was led by Hayor Uamilton, followed by a moment of
silent prayer.
1. APPROVAL OF MINUTES It was moved by Councilman ttobel, seconded by Councilman
Hyde and unanimously carried that the minutes of the
meeting of December 7, 1976 be approved, copies having
been sent to each Councilman.
ORAL CO~9~ICATIONS
Robert Sack Mr. Sack asked Council permission to speak on Agenda
82 Glover Court Item No. 19 concerning the report on one foot control lot
Chula Vista on Center Street west of Fifth Avenue.
Joseph Warburton Hr. Warburton requested to speak on Agenda Item No. 13
10562 Queen Avenue regarding the resolution on the golf professional contract.
La Mesa
Other citizens noted that they wished to speak on the
various public hearing items.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCE
2. PUBLIC HEARING - The applicant requested a change of zone from R-1 to
CONSIDERATION OF CHANGE R-S-P-17 (multiple family residential/17 dwelling units
OF ZONE FOR APPROXD~TELY per acre, subject to approval of a precise plan) for a
7.4S ACRES LOCATED NORTH 4 acre parcel. The Planning Department recommended that
OF EAST ORANGE AVENHE, an adjacent 3.45 acre parcel located between the appli-
WEST OF ~LROSE, FROH cant's property and East Orange Avenue also be considered
R-1 to R-3-P-17 for r~zoning from R-1 to R-S-P-17.
Director of Planning Peterson reported that the Planning
Cormmission recommended approval of the rezoning in ac-
cordance with their Resolution PCZ-76-M, and certification
that the EIR-?6~6 for this project has been completed in
accordance with CEQA, 1970, as amended, and that the
Council considered the EIR information in making its
decision.
City Council Meeting -2- December 14, 1976
Mr. Peterson said that the area proposed for rezoning
actually consists of two parcels - the northerly parcel
containing 4 acres does not have access to East Orange
Avenue and is the subject of the public hearing on a pre-
cise plan under Agenda Item No. 3. The property immedi-
ately adjacent to East Orange contains approximately 3.45
acres. Mr. Peterson added that this area was considered
an ideal location for multiple family development and
that the Planning Department concurred with the recom-
mendation of the Planning Commission for rezoning from
R-1 to R-3-P-17.
Agenda Items 2 and 3 ~tayor Hamilton said that since discussion covered both
to be considered at the Agenda Items 2 and 3, that both public hearings would be
same time opened at the same time.
Public hearings opened This being the time and place as advertized, Mayor
Hamilton opened the public hearings.
Council discussed the ingress and egress for the proposed
development for East Orange Plaza Phase II, using common
driveways with the shopping center and existing multiple
family development.
Celia Seligson Mrs. Seligson discussed the driveway accesses (3 for the
Developer of Phase I proposed development), the fact that neighbors in the area
and Phase II, East favor the plan, the architectural design, and the need for
Orange Plaza multiple family developments in this area.
Thomas Franklin Mr. Franklin commented that the Apollo II condominium
1450 Helrose Avenue homes are north of the proposed development and he ex-
Chula Vista pressed the concern of the homeowners over a drainage
(President, Apollo II problem causing mud slides from the hill into the area.
Homeowners Association) He said the homeowners wanted to be sure the Council was
aware of the problem and that a request be made to solve
the problem before construction is started.
Council discussion followed concerning grading of the
mound of dirt in the area of the proposed development, the
landscaping on the steep slope extending into the condo-
minium area, and the fact that a condition of approval of
the precise plan is for additional landscaping to be in-
stalled to cut down on the erosion.
Bob Butts ~lr. Butts asked if the public would have an opportunity
1450 Melrose Avenue to see the grading plans before they are finalized. Mayor
Chula Vista Hamilton suggested that he leave his name and address
with the Director of Public Works for this information.
Public hearing closed There being no further comments, either for or against,
the hearings were declared closed.
a. ORDINANCE NO. 1718 - It was moved by Councilman Cox that this Ordinance be
P24ENDING ZONING ~AP placed on its first reading and that the reading of the
OR MAPS ESTABLISHED text be waived by unanimous consent.
BY SECTION 19.18.010
OF THE CHULA VISTA The motion carried by the following vote, to-~it:
MUNICIPAL CODE, REZONING
THAT CERTAIN PROPERTY AYES: Councilmen Cox, tlamilton, EF, dahl, Ilobel, Hyde
LOCATEB NORTtt OF Noes: None
EAST ORANGE AVENHE, Absent: None
WEST OF ~IELROSE FROH
R-1 TO R-3-P-17, AND
CERTIFYING THE ENVIRON-
MENTAL IMPACT REPORT -
FIRST READING
City Council Meeting -3- December 14, 1976
3. PUBLIC ltEARING - The applicant requested approval of a precise plan
CONSIDEP~TION OF PRECISE for the development of 60 apartment units on a 4 acre
PLAN FOR DEVELOP~IENT OF site, currently in the R-1 zone, subject to favorable
4 ACRES LOCATED NORTH OF action by the Council to rezone the property to
EAST ORANGE AVENUE, WEST R~3-P-17. The Planning Commission recommended that
OF MELROSE the Council approve the precise plan subject to the
conditions in their Resolution PC~{-76-24 and to
certify that the EIR information was considered in
making the decision on the precise plan.
(See comments under Agenda Item 2)
a. RESOLUTION NO. 8437 - Offered by Councilman Cox, with the request that staff
APPROVING PRECISE PL/U~ be directed to work with the developer and address
FOR EAST ORANGE PLAZA themselves to the problem presented by Hr. Butts and
PHASE II, LOCATED Mr. Franklin, the reading of the text was waived by
NORTH OF EAST ORANGE unanimous consent, passed and adopted by the following
AVENIIE, WEST OF MELROSE, vote, to-wit:
AND CERTIFYING THE
ENVIRON~tENTAL IMPACT AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde
REPORT Noes: None
Absent: None
4. PllBLIC HEARING - In a written report to Council, Director of Community
CONSIDERATION OF PUBLIC Development Desrochers explained that the City Council
INPUT RELATIVE TO THE on November 23, 1976 by Resolution No. 8422, adopted
CO~B~UNITY DEVELOPMENT a citizen participation process relative to the Community
BLOCK GRANTS Development Block Grant and set this day as the date for
the first public hearing. The purpose of the public
hearing is to provide citizens of Chula Vista with an
opportunity to express their views as to the allocation
of Community Development Block Grant funds to be made
available to the City in the amount of approximately
$965,000 by Title I of the }lousing and Community Develop-
ment Act of 1974.
The City is mandated by Block Grant Rules to hold at
least two public hearings and it is requested that
January 11, 1977 at 7:00 p.m. be set as the date and
time for the second public hearing relative to the prepa-
ration of the Community Development Plan.
Public hearing opened This being the time and place as advertised, Mayor
Hamilton opened the public hearing.
John Ventura ~Ir. Ventura said the Chamber of Commerce is researching
1420 Oleander Avenue a proposal for Block Grant funds, and that they are
Chula Vista primarily concerned in using a portion of the funds for
(Representing the economic development to improve the economic climate in
Chamber of Commerce) the City. They will submit a formal proposal by
January 11, 1977. Mr. Ventura said he had been asked by
the Visitors Bureau to inform the Council that the Bureau
will also be presenting a proposal for utilization of a
portion of the Block Grant funds.
City Council ~eeting -4- December 14, 1976
Pat Allen ~is. Allen said the FOCIJS Committee is planning to submit
236 b{adrona St. a proposal to make the ~{ueller School Neighborhood Park
Chula Vista a complete neighborhood service center. The full pro-
(Employee of FOCUS posal will be submitted on January 11, 1977.
Committee)
Arthur Goodman Mr. Goodman presented a statement prepared by the San
San Diego Urban League Diego Urban League summarizing the League's Business
4262 ~iarket St. Outreach Program as a proposal under the City's Community
San Diego Block Grant Program. (Complete copy of the statement
is on file in the City Clerk's office, including Exhibits
A and B covering scope of services and expenses.) The
proposed program is geared toward activities to support
and implement economic development in the City.
Council discussed with a representative of the South Bay
office of the League the referrals made to the Outreach
Program by businesses in Chula Vista, such as Balboa Bank,
Realtor Ray Yoder, and others, for financial assistance
to expand, construct or lease improvements.
Alan }~ghes Mr. Hughes discussed Block Grant funds used in prior years
318 "G" Street to support an information and referral center for senior
Chula Vista citizens, the list of eligible activities and the percent
of funds which can be used in support of such services,
and the "number one" priority given human care services
in a citizenS' survey in 1975. He recommended that
Council give the human care services a high priority and
that close to 20 percent of funds be provided as allowed
by the intent of Congress.
Mr. Hughes said he also represented "Our House" and that
they will have a proposal to present in January.
Paul Desrochers, Mr. Desrochers asked that the Council request that those
Director of people who intend to present proposals on January 11, 1977
Community Development submit them one week before in order that the proposals
can be analyzed and evaluated and staff recommendations
made to the Council prior to the hearing. Applications
must be submitted to the Comprehensive Planning Organ-
ization by February 1, 1977. ~4r. Desrochers said the
City has been notified that it is eligible for $965,000.
Proposals to be sub- ~ayor Hamilton commented that it would be to the benefit
mitted if possible by of those interested in submitting proposals to have them
January 5, 1977 in if at all possible by January S. The Community De-
velopment Director will be contacting those people who
made presentations at this meeting.
Applications to be In answer to query from Councilman }~de, Hr. Desrochers
evaluated with regard said that no new written guidelines have been received;
to low and moderate however, in talking with representatives from HUD, it was
income housing needs indicated that the City's applications will be reviewed
more carefully with respect to meeting the low and moderate
income housing needs.
Joseph Scannicchio Mr. Scannicchio asked for clarification concerning staff
President, Chula Vista recommendations to the Council concerning the various pro-
Chamber of Commerce posals. ~ayor Hamilton said the projects will be presented
to the Council with the monies requested, the amount of
money available, and staff recommendations on priority,
funding and eligibility in accordance with Federal guide-
lines. The Council will make the final decision in sub-
mitting applications.
City Council Meeting -5- December 14, 1976
Recommendation from Director of Planning Peterson reported that the Planning
Planning Commission Commission voted at their meeting of December 13 to
recommend that the Council spend the bulk of the money
on the Downtown Third Avenue redevelopment project, and
also to take a look at the hilltop area in E1 Rancho del
Rey with a view to acquiring one or two hilltop sites
for parks.
It is noted for the record that written recommendations
for use of Block Grant funds were received by the
Council from the following Boards and Commissions (on
file in the office of the City Clerk):
Board of Appeals
Human Relations Commission
Parking Place Commission
Safety Commission
Youth Commission
Public hearing closed There being no further comments, for or against, the
public hearing was declared closed.
a. RESOLUTION NO. 8438 - Offered by Councilman Hyde, the reading of the text was
SETTING JANUARY 11, 1977 waived by unanimous consent, passed and adopted by the
AT 7 P~I AS THE DATE AND following vote, to-wit:
TI~E FOR THE SECOND
PUBLIC HEARING RELATIVE AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, IIobel
TO TItE HOUSING AND Noes: None
CO~,~UNITY DEVELOPblENT Absent: None
ACT OF 1974 IN THE
PREPARATION OF A
MUNITY DEVELOP}lENT
P LAN
CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman
Cox and unanimously carried that the Consent Calendar be
approved and adopted.
5. RESOLUTION NO. 8439 - The election of April 12, 1977 will be for the ~]ayor's
REQUESTING THE BOARD OF seat and for certain Charter measures. This resolution
SUPERVISORS OF THE COI~TY requests authorization for the Registrar of Voters to
OF SAN DIEGO TO PE~4IT conduct the April 12, 1977 election.
THE REGISTRAR OF VOTERS
OF SAID COUNTY TO CONDUCT
~E GENERAL HUNICIPAL
ELECTION TO BE HELD ON
APRIL 12, 1977
~ 6. RESOEUTION NO. 8440 - This is a routine resolution executed for the sake of
APPOIntING THE REGISTRAR expediency in printing the election material. The City
OF VOTERS OF TIIE COUNTY Clerk handles all the legal documents pertaining to the
OF SAN DIEGO DEPUTY CITY election and the Registrar of Voters supervises the
CLERK OF THE CITY OF CHULA mechanical aspects.
VISTA, TO FACILITATE THE
EXECUTION OF DOCUMENTS
PERTAINING TO THE GENEP~L
~lNICIPAL ELECTION
City Council Neeting -6- December 14, 1976
7. RESOLUTION NO. 8441 - The existing Rules for the Conduct of the Board of
ADOPTING TIlE RILLES AND Appeals' meetings were drafted and adopted by the
REGULATIONS GOVERNING TIlE Board under the provisions of Ordinance No. 1002, Section
CONDUCT OF ~tE BOARD OF 2.26.020 of the ~nicipal Cede. The Rules have not been
APPEALS updated since their adoption in 1966 nor officially
adopted by the City Council. The Board of Appeals and
Advisors made necessary changes to the Rules so that they
conform to the City Charter.
8. RESOLUTION NO. 8442 - One of the conditions of approval for tentative parcel
APPROVING AGREEMENT map 5-76 is for the subdivider to construct improvements
BETWEEN TIlE CITY OF consisting of a driveway approach, portland cement
CHULA VISTA AND GEORGE concrete driveway running parallel to East "J" Street~
M~D IDA CUNRADI FOR and three private sewer force main laterals prior to the
COMPLETION OF IMPROVE}lENTS recordation of the final parcel map. George and Ida
FOR TENTATIVE PARCEL }~P Cunradi, owner and subdividers, have executed a sub-
5-76 AND AUTttORIZING TIlE division improvement agreement with a pledge of $10,000
~YOR TO EXECUTE SAID to guarantee the installation of the improvements.
AGRED~NT
9. RESOLUTION NO. 8443 - At the meeting of December 7, 1976 the City Council
SUPPORTING THE CITY OF asked that a resolution be brought back supporting the
CARSON IN PROTESTING TIlE City of Carson in this protest.
PRACTICE OF THE DEPARt.tENT
OF }IOTOR VEHICLES OF
SELLING THE NPOIES AND
ADDRESSES OF CITIZENS
UPON REQUEST TO ANY INDI-
VIDUAL OR CO}IPANY SO
REO~ESTING, AND URGING
REPEAL OF ~tE LAW AUTHOR-
IZING ~tlS PRACTICE
(End of Consent Calendar)
RESOLUTIONS AND ORDINANCES, FIRST READING
10. RESOLUTION NO. 8444 - A Project Representative was included in the planning
APPROVING AGREEHE?~ of the Civic Center Renovation Project. Staff contacted
BETWEEN THE CITY OF CttULA four persons known to have the necessary qualifications
VISTA AND ALFRED E. O'DAY and are recommending ~{r. Alfred E. 0'Day, a retired
AS PROJECT REPRESENTATIVE general contractor and a retired Director of Building
FOR THE CIVIC CENTER and Housing for the City of Imperial Beach. ~e
RENOVATION PROJECT, AND contract period is for six months at a cost of $1600
AUTHORIZING TIlE MAYOR TO per month for a total of $9600.
EXECUTE SAID AGREE~tENT
The Council diseussed the scope of supervision of the
architect and the project representative ("Clerk-of-the-
%gorks"), necessity for project representative to make
daily on-site checks and inspections, being a liaison
and coordinator to keep the job moving and minimize
problems, and clarifying that this "Clerk-of-the Works"
does not affect responsibility or supervision of the
architect; however noting that this position makes the
work of the architect easier but his contract price
remains the same.
Resolution o£fered 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 Egda~l, llobel, ttyde, Cox, Hamilton
Noes: None
Absent: None
City Council Heeting -7- December 14, 1976
11. RESOLUTION The Director of Public Works has received three pro-
ACCEPTING PROPOSAL OF THE posals to appraise the proposed park land on the south
COMSTOCK CO~PANY FOR side of Quintard between First Avenue and Tobias Drive
APPRAISAL OF QUINTARD/TOBIAS as follows:
PARK PROPERTY
The Comstock Company, E. Man Comstock,
San Diego $1,750
Gerald S. Kibbey, M.A.I. and Associates,
San Diego $1,900
Coldwell Banker Management Corporation,
San Diego $1,950
The appraisal report is to be completed by January 31,
1977. It is recommended that the Council accept the pro-
posal of the low bidder, The Comstock Company, E. Alan
Comstock, San Diego in amount of $1,750.
In answer to a query from Councilman Egdahl as to whether
or not the San Diego Gas and Electric easement would be
an adequate substitute for this park, in view of the
information received that the sod farm would be vacated,
City ~{anager Cole stated that there has been no response
to date from the contact made with the representative
of the SDG&E concerning this matter. Mr. Cole said he
would follow up on this.
Resolution offered Offered by Councilman Hobel, the reading of the text was
waived by unanimous consent.
Council discussion Discussion of the offer of the resolution ensued, in-
cluding the need for the appraisal~ the difference in
cost for a preliminary rather than a full appraisal,
consideration of eliminating an R-3 development in an
area already overdeveloped, the need for additional park
land in this location, the high cost of the proposed
acquisition of the site at Quintard and Tobias, and the
possibility of the use of the easement for park purposes.
Offer of Resolution The offer of the resolution failed by the following vote,
failed to-wit:
Ayes: Councilmen }Iobel, Hyde
NOES: Councilmen Cox, Itamilton, Egdahl
Absent: None
Hotion for staff to It was moved by Councilman Egdahl and seconded by
investigate acquisition Councilman Cox that the staff be asked to investigate
of easement for park the acquisition of the easement from the San Diego Gas
purposes and Electric Company in this area for park purposes.
Amendment to motion It was moved by Councilman Cox that the motion include
· a request for a preliminary appraisal (Tobias and
Quintard property). Councilman Egdahl agreed to the
second and the motion carried unanimously.
Plats to be submitted Councilman Hyde asked that the staff submit plats of
the areas under discussion to the Council for information.
12. RESOLUTION NO. 8445 - In June 1976 the City Council approved, by Resolution
APPROVING FIRST No. 8209, an agreement between the City and the San Diego
AMENdmENT TO FY76-77 Transit Corporation for provision of inter-city bus
AGREEMENT BETWEEN ~{E service during Fiscal Year 1976-77. That agreement trans-
CITY OF CMULA VISTA ferred $242,762 of the City's LTF funds to San Diego
AND SAN DIEGO TRANSIT Transit Corporation. The Corporation has proposed a first
CORPORATION amendment to the original agreement to account for a
change in the Federal subsidy distribution formula and
City Council Meeting -8- December 14, 1976
minor route/schedule revisions which have no impact
on the level of service provided. The revised distri-
bution formula will increase the amount of Federal
subsidy allocated to Chula Vista by $97,301, reducing the
LTF fund requirement by an equal amount.
Councilman }~bel referred to the second paragraph of
Mr. Claude Page's letter reading in part "...this change
means that our claim on your LTF monies will be re-
duced...'' Councilman Hobel stated it should be remembered
that ~DB is in existence and the City no longer has its
own special pool, but that all surplus monies of the five
member agencies go together. Decisions made by MTDB
could impact the balance of monies for Chula Vista.
Resolution offered Offered by Councilman £gdahl, the reading of the text was
waived by unanimous consent, passed and adopted by the
following vote, to-wit:
AYES: Councilmen Egdabl, Hpbel, }~de, Cox, Hamilton
Noes: None
Absent: None
13. RESOLUTION NO. 8446 - The current 5 year agreement with Golf Professional
APPROVING AGREEMENT Joseph Warburton expires December 31, 1976. It was
BETWEEN ~{E CITY OF staff's recommendation that the public interest can best
CHULA VISTA AND JOSEPH be served by executing a new 5 year agreement with
S. W~dlBURTON FOR ~{E Hr. Warburton under terms and conditions similar to
~{ANAGE~ENT, SUPERVISION those currently in effect, with certain modifications.
AND OPERATION OF THE
CHULA VISTA MUNICIPAL
GOLF COURSE AND
AUTIiORIZING THE ~YOR
TO EXECUTE SAID AGREEMENT
Joe Warburton ~{r. Warburton referred to paragraphs 1 and 3 of Item 11,
10562 Queen Avenue page 6, of the agreement - "Financial Statements Re-
La Mesa quired," and presented Council with recommended written
changes plus a proposed statement of Profit and Loss.
RECESS A recess was called by Mayor Hamilton at 8:21 p.m. to
permit the Council and staff to review the written
materials presented by ~r. Warburton. The meeting re-
convened at 8:44 p.m.
Monthly statements City ~{anager Cole stated that staff had no objection to
requested the requested changes with the exception of ~lr. Warburton's
request for quarterly statements. Administration recom-
mended monthly statements.
Council discussion Assistant City Manager Asmus answered Council's questions
concerning monthly statements, audits, and the additional
change in the wording of the agreement on page 2,
paragraph (e) - "Rental and Operation of Electric Passenger
Golf Carts." ~1r. Warburton asked that the word "Electric"
be changed to "Powered" and appropriate changes are to be
made in subsequent sentences where the word "electric" is
used.
Further in-depth discussion was held concerning
Mr. Warburton's annual "net income," capital investments,
and criteria for arriving at the percentage figures noted
in the staff's report.
City Council Meeting -9- December 14, 1976
Councilman }~de stated his concern regarding the
increase in the "net income" of the golf professional
over the last several years.
Mr. Asmus pointed out that Hr. Warburton requested a ten
year contract, but there was no way to develop a formula
for that period and staff recommended the five year
contract, to which Mr. Warburton agreed.
Resolution offered Offered by Mayor Hamilton with amendments (in the agree-
ment) to change the word "electric" to "powered" in
Item (~), page 2, and in Item 11 with changes proposed
by Mr. Warburton except that the financial statements
be required monthly, the reading of the text was waived
by unanimous consent, passed and adopted by the following
vote, to-wit:
AYES: Hayor ttamilton, Councilmen Egdahl,.tlobel, Cox
Noes: Councilman Hyde
Absent: None
14. ORDINANCE NO. 1719 - The City Charter was amended in May 1975 to permit the
AMENDING SECTION City Council, by ordinance, to add other management
2.05.010 OF THE CHULA level employees to the Unclassified Service of the City.
VISTA b~NICIPAL CODE BY The City ~lanager recommended designation of the positions
PLACING CERTAIN ~NAGE- of Assistant Fire Chief, Assistant Director of Public
MENT LEVEL EMPLOYEE Works, Assistant Director of Planning, and Assistant to
POSITIONS IN THE UN- the City Manager as unclassified employees.
CLASSIFIED SERVICE -
FIRST READING
Ordinance placed on It was moved by Councilman Egdahl that this ordinance be
first reading placed on its first reading and that the reading of the
text be waived by unanimous consent.
Councilman Hobel stated that while he agreed with the
full intent of the ordinance, he objected to the classi-
fication of the title "Assistant to the City Manager."
lle felt this should be discussed at budget time and
consideration given tolchanging!thetit~e,~6f:this po§ition.
~lotion carried The motion to place the ordinance on first reading
carried by the following vote, to-wit:
AYES: Cg~ncilmep Egdahl, }~de, Cox, Hamilton
Noes: Councilman Hobel
Absent: None
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
15. ORDINANCE NO. 1716 - In July 1976 the City Council accepted a report from the
A~4ENDING SECTION Planning Department recommending a zoning text amendment
19.40.030 OF THE CHULA which would permit an increase in the percentage of
VISTA MUNICIPAL CODE AND kitchens allowed in a motel within a C-T zone, subject
ADDING THERETO A NEW to the conditional use permit procedure. In November,
SECTION 19.40.160, TO 1976 the Planning Commission also recommended approval
PERMIT ~LTIPLE-F~ILY of the amendment to the zoning ordinance in accordance
RESIDENTIAL DEVELOPMENT with their Resolution PCA-76-9. The Council placed the
IN THE C-T DISTRICT, AND ordinance on first reading on December 7, 1976.
CERTIFYING THE NEGATIVE
DECLARATION - SECOND
READING AND ADOPTION
City Council Meeting -10- December 14~ 1976
Ordinance placed on It was moved by Councilman Cox that this ordinance
second reading and be placed on its second reading and adopted and that
adopted reading of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Cox, llamilton, Egdahl, ttobel, Hyde
Noes: None
Absent: None
16. ORDINANCE NO. 1717 - The City Council approved a process for rebating the
AMENDING SECTION Utility Users' Tax in the amount of $12.00 per year to
3.44.021 OF CHAPTER 3.44 those qualified senior citizens who, because they are
OF THE CNULA VISTA served by a master meter, cannot have the tax eliminated
~JNICIPAL CODE~ RELATING from their billing. The ordinance was placed on first
TO PROVISIONS FOR A reading on December 7, 1976.
REBATE OF UTILITY USERS'
TAX TO SENIOR CITIZENS
QUALIFYING FOR AN
EXE~PTION - 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 reading
adopted of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Co~,~Hamilton, Egdahl,:Hobel, Hyde
Noes: None
Absent: None
17. REPORTS OF THE CITY MANAGER
a. REVIEW AND STATUS In accordance with Council direction, the City Manager
REPORT ON ~IISSION submitted a detailed report regarding the Mission Cable
CABLE FRANCHISE franchise. (A complete copy of the report is on file in
the City Clerk's office.) The franchise is for a period
of 30 years from May 7, 1964 to May 7, 1994.
Motion to accept report It was moved by Councilman Hobel, seconded by Councilman
with second review to be Hyde and unanimously carried that the report be accepted
scheduled after budget and that rather than wait until 1978, that the Hission
sessions Cable franchise be reviewed after the next budget sessions.
b. S~.~RY AND STATUS The City Manager submitted a written report prepared by
REPORT - COMPREHENSIVE the Personnel Director to provide the Council with a
EMPLOYMENT A~D TRAIN- summary and overview of the history and current status of
ING ACT (CETA) the Comprehensive Employment and Training Act program.
(A complete copy of the report is on file in the City
Clerk's office.)
Motion to accept report It was moved by Councilman }~de, seconded by Councilman
Cox and unanimously carried that the report be accepted
with the understanding that the City continue with the
same arrangement that it has with the County now where
they serve as the agent and the City is the sub-agent.
City Council Meeting -11- December 14, 1976
REPORTS OF DEPARTMENT ttEADS
18. CITY HEMBERSHIP IN In a written report, Community Development Director
ECONOMIC DEVELOPMENT Desrochers noted that the City, through Block Grant
CORPORATION, SAN funds, became a member of the Economic Development
DIEGO COUNTY Corporation of San Diego County last year. ~e primary
focus of ECD is to obtain a diversified employment base
for the region, and because attracting industry requires
a special expertise, and due to the employment situation,
it is recommended that the City continue its membership
for the standard fee of $1,000.
(A copy of the quarterly report submitted by the Execu-
tive Director of the Economic Development Corporation
is on file in the City Clerk's office.)
Economic Development Mayor ftamilton announced that he has talked with
Corporation for South Mr. Jess Itaro of the City of San Diego concerning the
Bay proposed possibility of the Cities of Chula Vista, Imperial Beach
and National City and the County of San Diego working
together to form an Economic Development Corporation that
will focus on the South Bay area.
Hotion to accept report It was moved by C. Egdahl, seconded by C. Cox and
unanimously carried that the public relations report
be accepted concerning the Economic Development Corpo-
ration.
19. REPORT ON ONE FOOT In a written statement, Director of Public Works reported
CONTROL LOT ON CENTER that residents within the neighborhood of the Dunes
STREET, WEST OF FIFTH Apartments on Center Street have complained about the
AVENUE (DUNES APARTMENTS) apartment dwellers using Center Street for access and for
parking. A possible solution to eliminate the use of
Center Street by occupants of the apartments is to con-
struct a physical barricade within the one foot control
lot and/or dedicated right of way of Center Street under
an encroachment permit issued in accordance with the
provisions of the City Code.
Staf~ recomanendation Mayor Hamilton noted that the staff recommendation was to
accept the report and proceed with alternative No. 2
(160 L.F. of curb and gutter, 2-1/2 foot high masonry wall
with 5 foot chain link fence - estimated cost $4950) with
City participation with the current and/or prospective
apartment owner.
Michael Hartman Mr. Hartman, speaking for residents in the area, said that
S15 Center Street they were originally in agreement with the staff recom-
Chula Vista mendation but that they now wish to consider alternative
No. 3 (160 L.F. curb and gutter and 6 foot masonry wall -
estimated cost $7620.)
Gate for trash and Citizens Assistance Officer Smith stated that alternative
fire service No. 2 was modified at the request of the Sanitary Service
Comapny and the Fire Department to install a gate on
Center Street for emergency access which would be used
only for trash pickup and fire protection.
Council discussion Discussion followed concerning the turning radius on
Center Street reduced by five feet, location of trash
dumpster, noise problem, masonry wall as opposed to chain
link fence, lo55 of parking spaces for apartments,
possible damage to vehicles in entering and leaving park-
ing area, maintenance costs, and dogs owned by residents
of apartments causing problem on Center Street.
City Council Meeting -12- December 14, 1976
Mr. Easier, representing Mr. Easler stated that he represented Mrs. Delgado,
owner, Mrs. Delgado the present owner; she is willing to pay 1/3 of the cost
of alternate No. 2 providing that the trash pickup is
kept at the far west side of the property and provided
that the extra amount of street (5 feet) is given as a
continuing benefit.
Request for residents The Council asked if the residents of Center Street
to share in additional would be willing to share in any costs above the esti-
costs mated $5000 for alternate No. 2. Mr. Hartman indicated
it was his understanding they would not.
Motion for firm prices It was moved by Councilman Hobel and seconded by Council-
man Hyde that firm prices be obtained on alternate No. 2
and alternate No. 3, rather than staff estimates, and
then the Council can make a decision on which way to go.
Substitute motion It was moved by Councilman Hyde and seconded by Council-
man Hobel to direct the staff to get firm bids on both
alternate 2 and 3; and that the Council approve at this
time alternate 2 with the condition that alternate 3
would be approved provided the residents that are on this
Street would pay the difference in the cost between
alternate 2 and alternate 3, with the maximum cost of
alternate 2 being $4950.
Discussion of motion In response to a statement by Mrs. Hartman of 515 Center
Street, Director of Public Works Robens stated that the
staff would recommend prohibiting parking around the
cul de sac. With either alternative, there would not be
turning room for emergency vehicles.
Amendment to motion It was moved by Councilman Cox, seconded by Councilman
Hobel and unanimously carried that if alternate No. 2
is selected, that some sort of screening device be
included in the chain link fence.
Original motion The original motion to get firm bids and conditioned upon
carried the residents' sharing the cost carried unanimously.
Report to be made in In answer to question from }layer Hamilton, Director of
approximately one Public Works Robens stated that information on bids should
month be available to the Council in approximately one month.
~ayor Hamilton suggested that interested residents contact
the City Clerk to see when this will be back on the
agenda.
20. B~YOR'S REPORTS
Request for nomination ~{ayor ttamilton referred to a letter under written com-
er representative on munications (Agenda Item 22b) concerning a request for
Health Systems Agency the City Council to nominate a representative to serve
on the Health Systems Agency of San Diego and Imperial
Counties. The Mayor urged the Council to find a consumer
to serve on the Agency as it will have considerable
impact on the health care delivery services for the City.
Appreciation expressed The Mayor expressed appreciation to Lisa Lassman of the
to Youth Commission Youth Commission for the fruitcake presented to the
Council.
Council Conference ~layor Hamilton reminded the Council of the Council Confer-
December 16, 1976 ence scheduled for Thursday, December 16 at 3:30 p.m.
City Council Meeting -13- December 14, 1976
a. RATIFICATION OF Mayor tlamilton asked for ratification of the appointment
APPOIN~tENT TO of ~4r. Fred Lukach, 1251 Pecan Place, who was first on a
YOI~H CO~IISStON list of four names set aside by the Council to be con-
sidered as stand-bys for appointment to the Youth Com-
mission. }Ir. Lukach attends Castle Park High (Grade 12),
is an active member of student government, and is serving
this year as President of the Associated Student Body.
}lotion to ratify It was moved by Councilman Hobel, seconded by Councilman
appointment Hyde and unanimously carried that Fred Lukach's appoint-
ment to the Youth Commission be ratified.
21. REQUESTS AND STATE}~}~S OF COUNCILHEN
Motion for recommendation It was moved by Councilman tlyde, and seconded by Council-
regarding insulation in man Egdahl that staff and the Board of Appeals consider
new construction for making a recommendation to the Council on whether or not
energy conservation new construction, in the City Building Code, should be
required to have full insulation for residential con-
struction as an energy conservation measure.
City Attorney Lindberg commented that the Uniform Building
Code has been undergoing revision in this regard. The
City would look to State legislation in this matter.
Clarification of motion Councilman llyde clarified his motion to have staff find
out the status and give an opinion on the desirability
of this requirement.
Motion carried The motion carried unanimously.
Request for status Councilman Hyde stated that some time ago the staff was
report on park land requested to come up with a proposal for park land
acquisition acquisition with funds that are available for that purpose
and asked when the report would be made.
City Hanager Cole said consideration was being given to a
50 acre parcel in the E1 Rancho del Rey area; he will
check on the status of the report.
Question on legality of Councilman Hyde said he had an inquiry from interested
turnover in occupancy of persons as to the legality of turnover in occupancy of
community households those households which exceed the single-family occupancy
limits and which are currently under litigation. City
Attorney Lindberg responded that the City cannot restrict
the turnover in occupancy as the question is whether or
not there are "x" number of persons who are permanent
residents - not guests. However, this does not affect the
status of the litigation.
Traffic problem at Councilman Cox noted that Nacion Avenue has been completed
intersection of Hillan from East "J" Street to Telegraph Canyon Road and residents
and Nacio~ Avenue in the area have indicated that there have been several
near collisions at the intersection of g{illan and Nacion.
Motion to refer to It was moved by Councilman Cox, seconded by Councilman Hobel
Safety Commission and and unanimously carried that the Safety Commission and
staff staff be asked to look into it and see if there needs to
be some sort of temporary or permanent action taken to
correct the problem (traffic safety at Millan and Nacion
Avenues).
Compliments to staff Councilman Egdahl commented on several written and oral
compliments that have been given to the staff recently,
indicating appreciation to the staff for their cooperation
and assistance.
City Council ~eeting -14- December 14, 1976
Representation on the Councilman Egdahl reported on the membership of the RFTC
Policy Board of RETC Policy Board and stated that recently the San Diego
Unified School District and the City of Oceanside
requested that they be allowed a seat on the Policy
Board. He said that the request of the San Diego Uni-
fied School District was denied as it would set a
precedent and the City of Oceanside was put into rotation
with E1Cajon and Chula Vista so that those three Cities
will hold two seats, and the representative from the City
that does not have the voting seat, will serve as the
alternate for the other two.
Suggestion for City Councilman Egdahl referred to a request received from
Voting and Registration the Chula Vista Bicentennial Committee to initiate a
Committee City Voting and Registration Committee and they suggested
that funds might be available for this on application.
~totion to investigate It was moved by Councilman Egdabl, seconded by Mayor
source of funds and Hamilton and unanimously carried that the staff investi-
request for staff gate what the funds might be and begin the processing
report of application, if that is possible, and that a report be
brought back as to what the cost would be to the City
for such a committee (City Voting and Registration Com-
mittee).
Utility users' tax Councilman £gdahl commented on the informative session
to be reviewed with the Chula Vista Taxpayers Association and at which
time the Council indicated the utility users' tax would
be reviewed.
Hotion for staff It was moved by Councilman Egdahl, seconded by Councilman
report on lltility Hyde and unanimously carried that the staff be requested
Users' Tax to advise the Council of the effect of a $750,000 ceiling
(on utility users' tax) as soon as possible.
Councilman £gdahl clarified that the intent of the motion
is not at this time to establish the $750,000 as a ceiling,
but simply to bring back information so the Council can
consider that as a potential solution for next fiscal year.
Suggestion for one Councilman Hyde suggested that it might be fruitful to
more contact with have a representative of the Council - either the City
the Taxpayers Association Hanager or his designee - to contact ~he members of the
Taxpayers Association and see if there is any further
action the Council can take to resolve the problem.
}layer ttamilton referred this suggestion to Hr. Cole.
Motion for report It was moved by Councilman Hobel, seconded by Councilman
on items referred Pgdahl and unanimously carried that the staff give the
to staff Council an np-date on ail the reports referred to staff,
when they are due back to the Council, or status of where
they stand and working sequence.
[lotion to designate It was moved by Councilman Hobel, seconded by Hayer
alternate to CPO Hamilton and unanimously carried that Councilman Egdahl
be designated as the alternate to the Comprehensive Planning
Organization (as the )layer will be leaving that post the
end of December.)
City Council Meeting -15- December 14, 1976
21. a. CANCELLATION OF It was moved by Councilman Hyde, seconded by Councilman
COUNCIL MEETING Egdahl and unanimously carried that the Council not
SCHEDULED FOR meet on December 28, 1976.
DECEMBER 28, 1976
b. LIST OF CANDIDATES The City Clerk cresented the Council with a list of
TO BE INTERVIEWED 7 persons interested in the appointment. Interviews
FOR INTERD~ MAYOR have been scheduled for December 16, 1976 beginning at
4:30 p.m. at 1S minute intervals.
22. WRITTEN COP~B~NICATIONS
a. REO~EST TO CONSIDER Mr. Yoder suggested that the Urban League's Business
ESTABLISHMENT OF Outreach Program become operational within the City of
URBAN LEAGUE BUSINESS Chula Vista.
OUTREACN PROGRAm.{ -
R. L. YODER
Motion to refer It was moved by Councilman t~de, seconded by Councilman
to staff Hobel and unanimously carried that this request be
referred to staff.
b. REQUEST FOR NOMINEE In a letter addressed to the Council, Dr. John C. Wong,
TO THE GOVERNING Acting Executive Director of ltealth Systems Agency of
BOARD OF HEAL~t San Diego and Imperial Counties, advised the Council that
SYSTEMS AGENCY (HSA) a vacancy on the Governing Body has occurred. Dr. Wong
requested nomination of an individual who must be a
consumer.
Motion to place It was moved hy P~ayor Hamilton, seconded by Councilman
item on agenda Cox and unanimously carried that this request be placed
on the agenda for discussion and nomination for a candi-
date to serve on that Agency (HSA).
ADJOUR~{ENT Mayor ltamilton adjourned the meeting at 10:30 p.m. to
the Council Conference scheduled for Thursday, December 16,
1976 at 3:30 p.m.
JENNIE M. FULASZ, CMC
City Clerk
Deputy City Clerk