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HomeMy WebLinkAboutcc min 1976/09/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 28, 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.mo 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 Manager Cole, City Attorney Lindberg, Director of Planning Peterson, Director of Public Works Robens, Director of Finance Grant, Director of Community Development Desrochers, Director of Parks and Recreation Hall, Administrative Assistant Boyd, Assistant to the City Manager Wittenberg, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meeting of September 21, 1976 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamations saluting RHODE ISLAND AND the States of Rhode Island and South Carolina° SOUTH CAROLINA Members of the audience from these States were asked to stand and introduce themselves. b. REPORT OF PORT COMMISSIONER Mr. Campbell discussed the status of the Bay- C. R. CAMPBELL front development, the Chula Vista ~rina, Wild Life Refuge project, and the Port District's plans to acquire the Navy Field for its redevelop- ment area° b~. Campbell further commented on the Port District's resolution regarding 1-54, and the continued interest in the second entrance to San Diego Bay with the Army Corp of Engineers. In closing, Mr. Campbell suggested that if the Council would desire it, he would arrange for an in-depth presentation (30 minutes) of the Port District's Master Plan, sometime in the next 60 to 90 days when time permits on an agenda.  Motion for presentation on It was moved by ~layor }~milton, seconded by Port District Master Plan Councilman Hyde and unanimously carried that City Manager Cole, when he sees that there is a light agenda, advise Mr. Campbell so that a presentation of the Port District's General Plan can be made to the Council at an approp- riate time. Tax monies not allocated In response to a query from Councilman Egdahl, to the Port District Mr. Campbell explained that the Port District does not receive tax monies as it has no legal right to any taxes collected by the cities comprising the District. City Council Meeting -2~ September 28, 1976 c~ REPORT ON P, EVIEW OF On September 1, 1976 the City Council authorized EXTERIOR ELEVATIONS the staff to proceed with the design development FOR CIVIC CENTER of the Civic Center renovation project~ RENOVATION Don R. Goldman Mr. Goldman, Architect, explained the exterior Architect elevation studies he made of the renovated post office and library complex. Council discussion The Council discussed window treatment, arches replaced by columns, entrances and air condi- tioning. Particular concerns were expressed concerning air conditioning and this was dis- cussed by Council and staff in detail including use of natural ventilation, energy conservation, costs, solar heating and cooling, and control systems. Motion for report It was moved by Councilman Hyde and seconded by Councilman Hobel that the City Manager have a presentation prepared for the Council with regard to the pros and cons of ventilation for the new structure and prior to proceeding along the line of a plan for air conditioning, that this be resolved by the Council. Clarification of motion Councilman Hyde noted that a general staff analysis made in the next few days would be satisfactory. Motion carried The motion carried with Mayor Hamilton voting Motion for Architect It was moved by Councilman Hobel, seconded to proceed by Councilman Cox and unanimously carried that the staff recommendation be approved to authorize the Architect to proceed with the remainder of the design development. ORAL COM~UNICATIONS Alan Hughes Mr. Hughes reported that favorable final action 318 "G" Street was taken by the County Board of Supervisors Chula Vista concerning "Our House" in their voting to {Representing "Our House") approve in principle the County continuing funding through the fiscal year ending in June 1977. Request for committee Mr. Hughes further stated that there will be to continue committee meetings and discussion as to the actual budget items in the future and suggested that the existing committee, Mr. Scott and Mr. Wittenberg who have been working with "Our House", be allowed to continue° Motion to approve It was moved by Councilman Hyde, seconded by liaison ~yor Hamilton and unanimously carried that the request of ~r. Hughes for the liaison organization be approved if ~. Scott and ~lr. Wittenberg are willing and can be free to do so. REQUEST FOR COUNCIL ASSISTANCE Mr. Larry Shipley, representing the Boys' IN LAND ACQUISITION - BOYS' CLUB Club of Chula Vista requested Council assistance in land acquisition for another site for the Club, preferably in the southeast section of the City. The Club is currently located at City Council Meeting -3- September 28, 1976 the corner of Fifth and "I" Street on 1.6 acres leased from the City. This lease expires December 31, 1980. ~btion to assist It was moved by Councilman Hyde and seconded Boys' Club by Councilman Cox that the staff be directed to make contact with the representative of the Boys' Club and to investigate the feasibility and desirability of the City providing a site in Greg Rogers Park or adjacent to Greg Rogers Park and report back to the City Council with their recommendations as soon as possible. Councilman Hobel asked if Greg Rogers was the number one priority or the only location to be checked. Amendment to motion Councilman Hyde amended the motion to state "or other suitable location." Councilman Cox agreed to the second. Motion carried The motion carried unanimously° Peter Watry Mr. Warty presented a petition with 60 sig- 81 Second Avenue natures opposing a proposed development of Chula Vista 106 apartment units on 3½ acres at the northern edge of Second Avenue (Edgemere) and adjacent to the northernmost home on Second Avenue° The development is known as Brentwood Arms. Request for public Mr. Watry noted the concerns expressed at the hearing on zoning public hearing held by the Planning Commission on the EIR on August 23, and added that when the public hearing was held on the project itself, none of these issues were permitted to be discussed - only the flood plain problem. The petitioners requested the Council to direct the Planning Commission to schedule a public hearing on the R-3 zoning of this area, and asked that no final building permit be issued until the hearing is held and testimony considered. Council and staff discussed all aspects of zoning on the area in question, currently zoned R-3 with the "F" Flood Plain modifying district. Motion to refer to It was moved by Councilman Hyde and seconded Planning Commission by Councilman Hobel that the Planning Commission be directed to reconsider the R-$ zoning on the parcel under consideration with a view to a designation of some other R-3 zoning. Speaking against the motion Mayor Hamilton expressed his concern over rezoning properties after plans have been submitted for developmento He spoke against the motion. Amendment to motion Councilman Cox noted that the motion states suggested only to consider some other type of R-3 zoning. He suggested that reference to the R-3 be deleted and the Planning Commission be directed to consider some other type of zoning - perhaps commercial or industrial. Motion amended Councilman Hyde stated he would amend his motion to consider rezoning - "period" - without direction. The second agreed to the amendment. City Council Meeting -4- September 28, 1976 Motion carried The motion carried with Mayor Hamilton voting Request for review of Councilman }~de asked that the Planning staff possible mis-zoned areas look over those areas which are similar in nature to the problem dealt with in this case and in previous meetings and try to locate undiscovered areas of mis-zoning and not approach them at the "eleventh hour." William Rambur Mr. Rambur said he was concerned with the 325 East James Street Council procedures during public hearings Chula Vista and asked if citizens speaking at the hearings could be given an opportunity for rebuttal after all testimony is heard. He spoke specifically against the communal households in Chula Vista, referring to the zoning laws and conditional use permits. He asked that the Council stand by the zoning laws and en- force those laws. Ken Pagard Mr. Pagard responded briefly to comments 424 Westby Street made by ~@. Rambur which he stated were in Chula Vista error, particularly in regard to the number of church members and the number of house- holds in the City. Bobble Morris Mrs. Morris referred to a letter from Harry 862 Cedar and Martha Ruble regarding the household at Chula Vista 456 Casselman and asked if it could be put on record that the letter did ask for a review of the conditional use permit at 456 Casselman and for certain conditions. P~ECESS A recess was called at 8:38 p.m. and the meeting reconvened at 8:49 p.m. PUBLIC HEARINGS AND RELATED RESOLUTION 4. PUBLIC HEARING (continued)- This item was continued from the City Council CONSIDERATION OF PRECISE meeting of September 14 to allow the staff time PLAN FOR DENTAL OFFICE to respond to Council concerns on 1) soil BUILDING AT THE SOUTHWEST conditions, 2) location of driveway and parking CORNER OF HALE AND HALECREST lot, and 3) need for stop sign at the corner IN C-O-P ZONE of Hale Street and Halecrest Drive. Soil report In a written report, Director of Planning Peterson stated that a soils investigation report prepared for Dr. Greer by William Krooskos, Civil Engineer, noted that the entire site was underlaid with fill soils to a maximum depth of 12 feet and recommended excavation to a minimum depth of four feet or to firm soil. Location of driveway and The staff and the Police Department concluded parking lot that it would not be necessary to relocate the parking lot or to close it off during the night hours. They concurred that proper security lighting and wire alarm windows would be best to control possible problems. Also both Planning and Engineering Departments agreed that Hale Street is the preferred loca- tion for the driveway. Stop sign at Hale Street An investigation of the need for a stop sign and Halecrest Drive on Hale Street and Halecrest Drive indicated two points less than that required by City policy, and this has been referred to the Safety Commission for consideration and recommendation. City Council Meeting -5- September 28, 1976 Staff reconunendation ~{r. Peterson stated he now recommends that Council approve the plan as recommended by the Commission, but with the deletion of the condition which requires closing of the parking lot after office hours. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Citizen comments Mr. Joe Walker, 875 Floyd Street and Gary Wilson, 490 Hale Street made comments concerning the parking lot exit, site grading, traffic patrol, vehicular speed, security, air polution and noise. Ralph Arnold Mr. Arnold said he is a representative of Fresno, California the Planning Corporation, developers of the project. He discussed the security, access to the parking lot, low profile lighting, and soil conditions. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. a. RESOLUTION NO. 8336 - Offered by Councilman Egdahl with the amendment APPROVING PRECISE PLAN to delete the condition of fencing off the FOR ~,tAX GREER, D.D.S., parking lot after hours and reserving the right DENTAL OFFICE BUILDING for that option after a trial period; the AT THE SOUTHWEST CORNER reading of the text was waived by unanimous OF HALE STREET AND HALE- consent. CREST DRIVE, AND CERTI- FYING THE NEGATIVE DECLARATION Speaking against the Resolution Councilman Hobel expressed his concerns regarding security in the parking area. Second amendment Councilman Hyde moved (as a second amendment to Resolution to the Resolution) that a condition be included that iow level perimeter lighting may be re- quired after a six month trial period if security consideration should indicate it is necessary. Councilman Egdahl agreed to the amendment. Resolution adopted The Resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Cox, Hamilton Noes: Councilman Hobel Absent: None Report in six months ~layor Hamilton asked that the Council receive a report on the traffic conditions and security of the parking lot six months after the building is opened. Motion for stop sign It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that a stop sign be installed at Hale Street and Halecrest Drive. City Council Meeting -6- September 28, 1976 5. PUBLIC HEARING - On December 8, 1975 the Planning Commission RESCHEDULED CONSIDERATION OF approved a conditional use permit and revised APPEAL BY NANCY LAWE, DAVID plot plan for property at 153 Brightwood for MILLS AND GENE YORK OF a boarding/lodging house (maximum 21 persons) PLANNING CO~ISSION APPROVAL subject to conditions set forth in Resolution OF CONDITIONAL USE PERMIT PCC-76-16(A). This decision was appealed to PCC-75-16 FOR THE CONSTRUC- the Council. The public hearing held April TION AND OPERATION OF A GROUP 6, 1976 was continued until specific criteria RESIDENCE AT 153 BRIGHTWOOD could be set up at which time the public AVENUE IN TIlE R-3 ZONE hearing would be reopened. On July 27, 1976 the Council adopted standards for group resi- dences which could be applied to the subject property. Director of Planning Peterson noted there were two major differences between the condi- tions of approval as established by the Planning Commission last December and the conditions which would now be applied by the new standards: The number of persons who could occupy the home and number of parking spaces required as follows: Planning Commission Approval Density: 21 persons Parking: 7 on-site spaces New Ordinance Standards Density: 14 persons Parking: 9 on-site spaces Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Citizens comments Hugh Ferguson, 728 Elm; Ms. Nancy Lawe, 161 Brightwood; David and Lois Mills, 169 Bright- wood; and Gene York, 160 Brightwood made state- ments opposing the conditional use permit approved by the Planning Commission outlining the following concerns: 1) Provisions of Ordinance Section 19.14.080 were not followed, 2) improper land use, 3) religious freedom not involved, 4) Planning Commission decision based on previous zoning regulations, S) Plans submitted by the applicant for the conditional use permit have not been changed since the new ordinance was adopted and do not conform to the new ordinance, 6) Curb parking is already at a premium and cannot accommodate additional guest parking as recommended by staff, 7) ~. York modified his previous objections in light of the new zoning ordinance and said if the conditional use permit could be amended to conform to the ordinance, he would have no further objections. William Cannon Mr. Cannon reviewed the procedures which had taken Attorney for First place at the Planning Commission meeting approving Baptist Church the conditional use permit and the subsequent 303 "A" Street adoption of a new ordinance by the Council. He San Diego asked that consideration be given to the fact that the CUP had been approved by the Commission and that the determination at this point would have to be that they made an error in their findings of facto He felt the regulations of the new ordinance should not be applied. He noted that if the number of persons were reduced by 33 percent (from 21 to 14) that it would be City Council Meeting -7- September 28, 1976 economically unfeasible to operate the house- hold, nor could they comply with requirements of 9 on-site parking places as required under the new ordinance. He asked that the Council modify the conditions and approve the conditional use permit. Ordinance fills need The Council discussed the proceedings regarding of new designation the terminology of boarding houses, communal households, and group residences in adopting the new ordinance, and the change in the appli- cation from a boarding house to group residence. Ken Pagard Mr. Pagard stated that reducing the number of 424 Westby Street people permitted in the proposed residence would Chula Vista be totally impracticable and would be out of the realm of possibility. Public hearing closed There being no further comment, either for or against, the public hearing was declared closed. Council discussion Discussion ensued concerning the parking requirements, the current parking situation in the area, and the matter of neighborhoods in transition - single family dwellings in an R-3 area. Motion to deny appeal It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the appeal be denied and that the conditions of approval which the Planning Commission indicated be modified as per the staff recommendation, with a modification of the staff recommendation to-wit: That nine on-site parking spaces be required rather than seven indicated by the staff. All other conditions to prevail. Clarification of motion Councilman Hyde enumerated the first two requirements for the benefit of the record as follows: The occupancy would be limited to 14 persons versus 21 in the Planning Commission's recommendation and would require nine parking spaces versus seven in the Planning Commission recommendation° (A complete copy of the "Conditions of Approval" is on file in the City Clerk's office.) Findings of fact Councilman Hyde noted the reason for such modification would be to bring the proposed development into compliance with the zoning standards required by group residences as per the present zoning ordinance (No. 1697) in order to prevent any detrimental effect upon the neighborhood. RECESS A recess was called at 10:28 p.m. and the meeting reconvened at 10:45 p.m. 6. PUBLIC HEARING - The applicant has requested a reduction in CONSIDERATION OF APPEAL BY the rear yard setback from 15 feet to 3½ feet MARTHA FEULING OF PLANNING in order to construct a one bedroom addition COMMISSION DENIAL OF VARIANCE between and attached to the dwelling and one REQUEST TO REDUCE REAR YARD car garage located at the rear of the residence SETBACK FROM 15 FEET TO 3~ at 319 Fifth Avenue. The dwelling to which the FEET - 319 FIFTH A~FENUE addition will be attached is located at 493 Center Street in the R-3 zone. City Council ~eeting -8- September 28, 1976 The Planning Commission denied the request on August 25, 1976. Director of Planning Peterson noted that the Ordinance requires a setback of 15 feet and the variance request is to reduce the rear yard setback to 5½ feet. He outlined the plan of the building addition, commenting on alternatives, the floor plan of the current unit, and staff recommendation for approval. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Martha Feuling ~s. Feuling discussed her proposed addition 319 Fifth Avenue and commented on the following: privacy, Chula Vista air circulation, placement of windows and doors, safety for her young daughter, desire to make the rear building independent of front structure, parking requirements would be met, and the addition will meet all necessary requirements. Speaking in favor ~s. Ekra Highfield of 513 Fifth Avenue, and Mrs. Ann Fernandez of 490 Center Street spoke in favor of the variance. Speaking in opposition Mrs. Sylvia Carrol of 491 Center Street spoke in opposition to the proposed construction stating it would be too close to her residenc% that air currents would be blocked for cooling, and there would be complete lack of privacy for her. Planning Commission In answer to query from Councilman Cox, Director denial of Planning Peterson stated that the Planning Commission's reason for the denial was the finding of hardship peculiar to the property could not be made. Walter Lange Mr. Lange commented that he would like to see 485 Center a newer building, rather than an addition to Chula Vista the old building. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Motion to grant appeal It was moved by Councilman Cox and seconded by Mayor Hamilton that the Council approve a reduction in the rear yard setback from 15 feet to 3½ feet, subject to the staff conditions as noted by Director of Planning Peterson. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Cox, Hamilton, Egdahl NOES: Councilmen Hyde, Hobel Absent: None (It takes a 4/5's vote to override the decision of the Planning Commission). CONSENT CALENDAR It was moved by Councilman Cox, seconded by Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopted, with the exception of Item 9 which was held for discussion. City Council Meeting -9- September 28, 1976 7. RESOLUTION NO. 8337 - Mr. Gary L. McCabe, private engineer for DECLARING THE INTENTION TO Robinhood Homes, Inc., the developer for Zenith ESTABLISH CHULA VISTA OPEN #2, 3 and 4 Subdivisions, submitted a petition SPACE DISTRICT NO. 7, AND on August 27, 1976 for the formation of an SE~'rlNG THE TIME ~uND PLACE open space district. The Director of Public FOR HEARING THEREON Works recommended that the Council set October 12, 1976 as the date for a public hearing to hear any protests or objections. 8. RESOLUTION NO. 8338 - On September 8, 1976 the Underground Utility CALLING A PUBLIC HEARING TO Advisory Committee recommended that the City DETERMINE WHETHER PUBLIC proceed with the undergrounding of the utilities  NECESSITY, HEALTH, SAFETY along Broadway between "£" and "F" Streets as OR WELFARE REQUIRES THE its project for the calendar year 1976. FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON BROADWAY The Director of Public Works recommended that FROM "E" STREET TO "F" STREET the City Council set a public hearing on October 26, 1976 in accordance with Chapter 15.32 of the City Code for the formation of an underground utility district along Broadway from "E" to "F" Street. 9. RESOLUTION - (See below) APPROVING LEASE AGREEMENT FOR CITY ATTORNEY'S CAR 10. RESOLUTION NO. 8339 - One of the conditions of approval for tentative ACCEPTING GRANTS OF EASEmeNT parcel map No. 12-76 was for the owners to FROM MICHAEL LO CICERO, GEORGE grant to the City an easement for street BARRETT, TERRY ZANKIEWICZ, purposes at an existing public alley to provide HARLEY GEERDES AND ARMANDO necessary right of way for a residential street PINO FOR STREET AND STREET to be known as Las Flores Avenue° Another TREE PURPOSES condition of approval was for the owners to grant an easement to the City for street tree purposes along the same street. On September 12, and 15, 1976 the owners granted the required easements to the City. (End of Consent Calendar) RESOLUTIONS AND ORDINANCES, FIRST READING 9. RESOLUTION - The City Attorney's budget provides for the APPROVING LEASE AGREEMENT leasing of a new vehicle upon expiration of FOR CITY ATTORNEY'S CAR the present lease, which will expire October 4, 1976. Informal bids were received from four leasing firms as follows: ~ON'fHLY RATF The proposed lease period is for 36 months with a maximum of 10,000 miles per year. It was recommended that the Council approve the lease agreement with PHd Corporation, the low bidder. City Council Meeting -10- September 28, 1976 Council discussion Council discussion followed concerning mileage on the car (approximately 26,000), purchase price ($3,127), and savings to the City in buying this car rather than leasing a new one~ Councilman Hyde spoke against leasing passenger cars for the use of City employees. Motion to file Resolution It was moved by Councilman Hyde and seconded and purchase car by Councilman Cox that the resolution be filed and that staff be directed to purchase the vehicle. Motion carried The motion carried with Councilman Hobel voting "no." 11. RESOLUTION NO. 8340 - At the meeting of August 10, 1976 the City APPROVING MEMORANDUM OF Council accepted a tentative proposal for UNDERSTANDING FOR PRO- the provision of paramedic services in the VISION OF PARAMEDIC Chula Vista area and staff was authorized to SERVICES work out details necessary for implementation of the program. A Memorandum of Understanding has been prepared between the City, County, the two local hospitals, the two adjacent fire protection districts and the City's franchised emergency ambulance service. Discussion of Memorandum Council discussed the service area in the of Understanding Memorandum of Understanding, inclusion of Fire Districts, funding, level of service, coordination of service, fees for emergency service, and basis for disbanding the service if necessary° (Councilman Hobel left the Council Chambers at this time for a brief period.) Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hyde Noes: None Absent: Councilman Hobel 12. ORDINANCE Nee 1708 - The applicant has requested annexation to the APPROVING SHATTUCK EAST City of Chula Vista for 2°5 acres for the purpose "J" STREET ANNEXATION - of obtaining comprehensive city services to FIRST READING support South Bay Villas Unit 2, a proposed nine unit single family development located one- half mile east of Freeway 1-805 at the terminus of East "J" Street. Annexation of the property and the extension of East "J" Street to serve the South Bay Villas tract were conditions of approval of the tentative map. LAFCO approved the annexation on September 13, 1976 subject to the condition that the detachment from the San Diego County Flood Control District shall not be effective until annexation to the City of Chula Vista is completed. Ordinance placed It was moved by Councilman Egdahl that this on first reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent of those present. City Council Meeting -11- Setpember 28, 1976 The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Cox, Hamilton Noes: None Absent: Councilman Hobel CONTINUED MATTERS AND SECOND READING OF ORDINANCES 13. ORDINANCE NOo 1707 - Section 15.08.020 of the Municipal Code requires REPEALING SECTION 15.08.020, permit issuance for fences and walls that are SUBSECTION 1, SECTIONS more than three feet in height, but no struc- 1S.40o010 THROUGH tS.40.i00 tural provisions are provided as no real hazard OF CHAPTER 15.40 OF THE exists in fences and walls under six feet in MUNICIPAL CODE OF THE CITY height° On May 10, 1976 the Board of Appeals OF CHULA VISTA ALL RELATING and Advisors approved the deletion of permits TO FENCES AND WALLS - for fences and garden walls under six feet in SECOND READING AND ADOPTION height. This Ordinance was placed on first reading on September 21, 1976. Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl Noes: None Absent: Councilman Hobel 14. REPORTS OF THE CITY MANAGER a. PROGRESS REPORT ON THE (Councilman Nobel returned at this time) UTILITY USERS TAX ~ SBNIOR CITIZENS EXEMPTION At the meeting of July 20, 1976 representatives of the Golden State Mobilehome Owners League, Inc., addressed the Council concerning the fact that senior citizens living in mobile home parks with master meters are not eligible for the senior citizens exemption° In a written report, City Manager Cole referred to the procedure used in Los Angeles to solve the master meter problem through a refund procedure on an annual basis. John Kolsters Mr. Kolsters addressed the Council concerning 501 Anita Street the inequity of the tax exemption on utilities Chula Vista not applying to mobilehome o~ners in Chula Vista, and asked that a refund procedure also be used here° Mayor Hamilton suggested that Mr. Kolsters work with the City Manager and the Director of Finance in connection with this matter. Motion to accept report It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the progress report be accepted. b. REPORT ON REVIEW As required by Resolution No. 7598, the Sanitary OF THE CHULA VISTA Service prepared an annual, audited financial SANITARY SERVICE statement of their business operations based on the newly adopted rate schedule. The statement was prepared by Joseph A. Broccoli, C.P.A., for the period from April 1, 1975 through b~rch 31, 1976 and was reviewed by the Director of Finance. City Council Meeting -12- September 28, 1976 Report accepted It was moved by Councilman Hobel, seconded b7 Councilman Cox and unanimously carried that the report be accepted. c. REPORT ON THE DISPOSITION At the City Council meeting of September 21, OF THE CHAMBER OF CONgtERCE 1976 the Visitors and Convention Bureau requested BUILDING the use of the old Chamber of Commerce Building. The City Manager noted that on June 29, 1976 the Council approved the final purchase of the Chamber of Commerce Building, and at that time, they discussed the need for such a building at several park sites as a meeting room for various community groups. It is the staff's recommendation that the building be retained and relocated for such use. Report accepted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the report be accepted. d. Council Conference City Manager Cole stated he assumed there suggested to approve would not be a Council meeting on October applications under 19 due to the League of California Cities Public Works Employment Conference; however, there is a time element Bill on the City's applications under the Public Works Employment Bill, and a meeting is necessary to approve the applications so they can be sent in. He suggested a Council Conference on Wednesday, October 20 after the League Conference ends. Council Conference It was moved by Mayor ttamilton, seconded scheduled by Councilman Hyde and unanimously carried that a Council Conference be held on October 20, 1976 at 4:00 p.m. e. Amendment to CETA The City Manager reported that he has signed Agreement signed an amendment to the CETA Agreement which provides for the continuation of receiving funds past the end of September. REPORTS OF CITY OFFICERS AND DEP/LRTMENT HEADS 15. REPORT ON STATUS OF CONDITIONS Director of Planning Peterson reported that at FOR CONDITIONAL USE PER~{IT the Cit7 Council meeting of September 7, 1976 APPROVAL OF GROUP RESIDENCE AT a citizen alleged that required conditions 456 C^SSELF~dq STREET of approval for the group residence at 4S6 Casselman were not being complied with, specifically referring to parking of vehicles and installation of a sidewalk. Staff investigated the allegations as well as compliance with the other conditions of approval established by the Council. The in- vestigation showed no violations at this time. Bobbie Morris ~ks. Morris commented on the approval of the 862 Cedar conditional use permit for 456 Casselman, Chula Vista specifically referring to 1) sidewalk to be constructed in 90 days, which was not constructed until eight months later, 2) land usage, 3) tandem parking allowed on this property and not on others, 4) and the nursery not being considered as a bedroom. She stated she could not understand the City's favoritism shown in this matter. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried that the staff report be accepted. City Council bteeting -13- September 28, 1976 ~kYOR'S REPORT Appointments to Charter Mayor Hamilton announced the following ap- Review Committee pointments to the Charter Review Committee and asked that they be notified in writing: John Kingston Lois Richards Ken Weimer Steve Pavka Neil Haas Albert Hoysa James Ladd Frank Scott Newton Chaney Kyle Stewart Motion to ratify It was moved by Councilman Hobel, seconded by appointments Councilman Cox and unanimously carried that the appointments be ratified. COUNCIL COMMENTS Report requested on park Councilman Hyde asked when the report would in Palomar and Tobias area be made regarding the problems that might relate to establishing a park in the vicinity of Palomar and Tobias. City Manager Cole responded that the staff is working on this matter, checking with the school district and San Diego Gas and Electric Company. Council action clarified Councilman Hyde clarified the Council's previous direction noting that there were separate actions: 1) The staff was directed to consult with the school district to see whether or not some cooperative arrangements for mutual use of the junior high school site could be achieved; 2) Staff directed to report on the problems in purchasing property on Palomar in the vicinity of Tobias for creating a park; and 3) to look into the matter of development of open space use in the San Diego Gas and Electric right of way. Report to be made on City b~nager Cole said there apparently was a purchase of property misunderstanding on the part of the staff, but for park there would be no problem in giving the Council an interim report on purchasing the property. Council Policy regarding The Council discussed the purpose and intent Boards and Commission of the policy adopted recently. Councilman Communications Hyde made specific reference to the following paragraph: "4) Minority reports are discouraged unless Council may, upon its discretion, ask for a minority report if deemed meaningful and necessary for Council decision." Further dis- cussion of minority reports was held by the Council. Motion to change It was moved by Councilman Hyde, seconded by Paragraph 4 of Policy Councilman Cox and unanimously carried to delete Paragraph 4 (as read by Councilman Hyde) and substitute the following paragraph: "Minority reports, if any, shall be submitted in writing concurrent with the majority reports." City Council Meeting -14- September 28, 1976 Clarification of Paragraph Councilman Cox quoted Paragraph 3 of the 3 of Policy Policy: "No proposals, suggestions, or recom- mendations should be forwarded to the City Council on behalf of any Board or Commission without a formal assignment having been made at a regular or special business meeting of the relevant advisory body. . ." Councilman Cox noted that this paragraph has been mis- interpreted by some members of the Boards and Commissions. Motion to substitute first It was moved by Councilman Cox, seconded by sentence of Paragraph 3 of Councilman Hyde and unanimously carried that Policy the first sentence of Paragraph 3 (as quoted) be deleted and the following sentence sub- stituted: "Boards and Commissions should forward proposals, suggestions, or recommendations to the City Council only after formal Board or Commission action has been taken~" Library parking Councilman Egdahl commented that he has observed that the Library parking lot appears to be full as early as eleven a.m., which does not seem reasonable. Me felt this was a problem if traffic is generated from other than Library use. Letter to School District City Manager Cole said that the problem is regarding parking problem caused by students at the adult school and he has directed a letter to the Superintendent of the School District concerning this matter. Lighting at Library It was moved by Councilman Egdahl, seconded by after hours Councilman Hyde and unanimously carried that staff investigate the matter of interior lights being left on at night after the Library is closed, with a view to energy conservation. 16. WRITTEN CO~qUNICATIONS a. RESIGNATION OF JAMES Mayor }~milton announced the resignation of B. WILLIAMS - SAFETY Mr. Williams from the Safety Commission and COMMISSION of Mr. Floto from the Planning Commission. b. RESIGNATION OF ROBERT E. FLOTO - PLANNING COb~ISSION Resignations accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the resignations of James Williams and Robert Eloto be accepted with regrets and with thanks for their service. RECESS TO REDEVELOPmeNT ~yor Hamilton recessed the Council meeting AGENCY MEETING to the Redevelopment Agency meeting at 12:30 a.m. Councilman Hyde was asked to chair the meeting due to a possible conflict of interest on the part of the Mayor regarding the item to be discussed. City Council Meeting -15- September 28, 1976 COUNCIL MEETING RECONVENED The Council meeting reconvened at 12:43 a.m. AND ADJOURNED and ~ayor Pro Tempore Hyde adjourned the meeting at 12:45 a.m. to the joint meeting scheduled with the Board of Supervisors on September 30, 1976 at 3:4S p.m. at the County Administration Building, 1600 Pacific Highway, San Diego. JENNIE M. FULASZ, CMC City Clerk Deputy City Clerk