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HomeMy WebLinkAboutcc min 1976/09/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 7, 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, Co~ Egdahl, Hobel Councilmen absent: None Staff present: City Manager Cole, Assistant City Manager Asmus, Assistant City Attorney Beam, Director of Planning Peterson, Director of Public Works Robens, Director of Parks and Recreation Hall, Director of Building and Housing Grady, Community Development Director Desrochers, Citizens Assistance Officer Smith, Director of Personnel Bigge 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 Cox, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of August 31 and September 1, 1976, be approved, copies having been sent to each Councilman. 2a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation saluting the OKLAHOMA State of Oklahoma. The people in the audience from this state introduced themselves to the Council. b. PROCLAMATION - Mayor Hamilton read the Proclamation in which he "NATIONAL CANCER DAY" proclaimed September 8, 1976 as "National Cancer Day" in the City of Chula Vista. The proclamation was requested by Congressman Stephen J. Solarz to set aside one day out of every year for the dissemination of cancer-related materials and during the week of September 7 to 11, 1976, facilities will be set up to give the public a free medical check-up for cancer. ORAL COMMUNICATIONS Hugh Ferguson Mr. Ferguson commented that the Council had approved 728 Elm Street a conditional use permit for 456 Casselman Street in Chula Vista December 1975 and that the conditions of the permit are not being complied with, and stated that to his knowledge there is no indication that they will be complied with. He requested that the Council pass a motion to declare the commune at 456 Casselman a public nuisance and to revoke the conditional use permit on the grounds that conditions "3" and "6" are being violated. He discussed parking requirements as condition "2," and asked that to relieve traffic congestion, the requirements be reinstated for 6 off-street parking places and no tandem parking. He then clarified condition "3" as "that conversion of the garage to any use other than parking is prohibited" and stated Clay Ford (a resident of 456 Casselman Street) admitted the garage was being used for storage when he spoke to the Council two weeks ago. City Council Meeting -2- September 7, 1976 Mr. Ferguson clarified condition "6" as a "side- walk shall be installed along Casselman Street within 90 days of the date of the permit," and noted that the 90 days expired six months ago but the sidewalk is still not installed. He felt there was also the possibility of additional violations which were not admitted. He again asked the Council to revoke the permit. Motion for staff It was moved by Councilman Hyde, seconded by investigation Councilman Hobel and unanimously carried that if Mr. Ferguson would leave his letter with the City Clerk, that the points he raised be investigated by staff and staff advise the Council as to the appropriate action that they recommend. 3. PUBLIC HEARING- The applicant is requesting permission to divide CONSIDERATION OF APPEAL BY an existing 25,000 sq. ft. lot at 629 Gretchen PATRICIA GOVE OF PLANNING Road in the R-1 zone into two lots, one without COMMISSION DENIAL OF VARIANCE street frontage. The City Code, Section 19.24.070, REQUEST TO DIVIDE PROPERTY, requires a minimum street frontage of 60 feet in CREATING ONE LOT WITHOUT the R~I zone. STREET FRONTAGE Director of Planning Peterson stated the proposal is to divide the property into two lots, one fronting on Gretchen Road to contain 9,000 sq. ft., and the other at the east end of the property served by a 16 foot-wide road easement across the front lot would contain an area of about 16,000 sq. ft. He noted that the lot slopes up from Gretchen Road and the grade of the driveway easement would be about 14 percent. Mr. Peterson then delineated the findings of facts the Council must make to grant the appeal. On June 28, 1976 the Planning Commission voted to deny the request. Consideration of the appeal by Council was delayed until this time at the request of the applicant. Council discussion Further discussion was held by Council and staff concerning similar variances granted in other parts of the City, access of emergency and delivery vehicles in the area, lot size and the possibility of similar developments on adjacent lots which could change the character of the area. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Patricia Gove Mrs. Gove, applicant and owner of the property, 629 Gretchen stated that she had contacted her neighbors and I Chula Vista while some were opposed for privacy or tax reasons, she had many signatures of those who had no objections. She stated she had been working with the City Staff for several months and was encouraged to make the lot split. Frank Phillips Mr. Phillips was representing Mrs. Gove's interest Civil Engineer and described the proposed development of the lot, 71 North Fourth including elevation, preservation of trees, Chula Vista minimum grading for pad and turn-around parking. He presented photographs of the area to the Council for review. He also noted other lots in City Council Meeting -3- September 7, 1976 the area that had been split and one that is now landlocked and the 40-foot easement along "I" Street for access and the ample parking available on the street. Mr. Phillips said he felt there was a hardship in this case and asked the Council to favorably consider the request. Council discussion Council discussed the various points brought up including proposed carport, easements, percent of slope, access of emergency vehicles, square footage of new home (1800 sq. ft. plus two-car garage), and access to easement on "I" Street. Citizen comments Mr. Robert Torok, 617 Gretchen Road~ and Marvin McQueen, 641 Gretchen Road~ and Fred Gelsomini~ 650 Gretchen Road, spoke in favor of the variance. Delmer Jones Mr. Jones said he is renting the property owned 635 Gretchen Road Mr. and Mrs. Richard Hamilton, which is adjacent Chula Vista to Mrs. Gore, and was speaking as a representative for Mr. and Mrs. Hamilton. He read a telegram, dated September 6, from the owners asking that their previous telegram to Mrs. Gove in support of the variance be canceled until they had more information concerning the matter of their lot being involved. Telegram and petition noted City Clerk Jennie Fulasz noted a telegram received for the record by the Council from Richard and Rena Hamilton and a petition in support - 29 signatures for and one neutral. Harvey M. Clewell Mr. Clewell said he had submitted a letter to 627 Gretchen Road the Council and to the Planning Commission o~- Chula Vista posing the variance and noted that the Planning Commission voted against it. He bought property for open space and if one is permitted to build, others will also. He wanted to maintain the open space and have less density, and said he had acquired 15 signatures of property owners opposing the building which were submitted to the Council. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Hardship as noted by In answer to query from Councilman Hyde as to applicant whether or not a hardship was demonstrated in this case, Director of Planning Peterson read the applicant's answer to that question on the variance form: "In response to the hardship issue, lot 234 is the largest lot fronting on Gretchen Road, 3.6 times the lot area required for the R-1 zone. The westerly one-third of the lot is being used for residential purposes, but the remaining two-thirds is undeveloped." Council discussed requirements for hardship findings, distance between the Gove property and Mr. Clewell's residence, and other large lots in the City which might be divided. Motion to approve appeal It was moved by Councilman Egdahl and seconded by Councilman Cox that the appeal be granted, City Council Meeting -4- September 7, 1976 Statement against motion Councilman Hyde spoke against the motion stating that he was not satisfied that hardship was shown and that the lot has been developed for the use intended under R-1 zoning; that proposal for development calls for construction for carport some distance from the dwelling which he felt might not be used as a carport; and that this is an example of creating spot R-2 zoning. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hamilton Noes: Councilman Hyde Absent: None Motion for Resolution It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that a Resolution be brought back granting the appeal. CONSENT CALENDAR It was moved by Councilman Hobel and seconded by Councilman Cox and unanimously carried that the Consent Calendar be approved and adopted. 4. RESOLUTION NO. 8309 Ms. Robas was appointed to the International COMMENDING ADRIENNE ROBAS Friendship Coramission in September 1972 and FOR HER MANY YEARS OF SERVICE reappointed in June 1974. City Clerk Jennie ON THE INTERNATIONAL FRIEND- Fulasz read the text of this Resolution, SHIP COMMISSION AND EXPRESSING Item No. 4, and Mayor Hamilton presented the THE APPRECIATION OF THE COUNCIL Resolution to Ms. Robas. AND THE COMMUNITY FOR SUCH SERVICES 5. RESOLUTION NO. 8310 The City Council, by Resolution 2974 on December 11, DEDICATING AND NAMING ONE-FOOT 1962, accepted one-foot control lot C in Bonita CONTROL LOTS AS CAMINO ELEVADO Bel Aire Subdivision at the easterly terminus of Camino Elevado and by Resolution 7584 on January 7, 1975, accepted one-foot control lot C in Bonita Ridge Estates Unit #1 Subdivision at the westerly terminus of Camino Elevado. The approval of the map for Bonita Ridge Estates Unit #4 Subdivision on July 6, 1976, Resolution 8244, negates the need for these one-foot control lots. 6. RESOLUTION NO. 8311 On August 30, 1976 Byrl E. Barker granted an ACCEPTING GRANT OF EASEMENT FROM easement for street tree purposes to the City BYRL E. BARKER FOR STREET TREE as one of the conditions for the approval of PURPOSES tentative parcel map No. 21-76. The easement consists of an eight (8) foot strip of land along Fourth Avenue and along Guava Avenue. 7. RESOLUTION NO. 8312 On July 13, 1976 Mr. Steve Owens, acting on APPROVING ENCROACHMENT PERMIT behalf of Dr. Del Hughes, owner of 272 and 276 NO. 76-33 FOR 272 AND 276 Church Avenue, applied for an encroachment permit CHURCH AVENUE to install an 8' x 6' high block wall for directories and three redwood benches. 8. RESOLUTION NO. 8313 On July 13, 1976 Mr. Lon R. Wallace, acting on APPROVING ENCROACHMENT PERMIT behalf of Foodmaker, Inc., owner of Jack-in-the- NO. 76-34 FOR A SIGN ON BONITA Box, applied for an encroachment permit to install ROAD AND WILLOW STREET a 6' x 6' sign at the northeast corner of Bonita Road and Willow Street. City Council Meeting -5- September 7, 1976 9. RESOLUTION NO. 8314 The resolution sets forth terms and conditions GRANTING APPEAL OF JOSEPH of the City Council's granting of an appeal from BUSH FROM CERTAIN TERMS AND conditions affixed to Mr. Bush's variance request, CONDITIONS ATTACHED TO PLANNING PCV-75-]3. COMMISSION VARIANCE PCV-75-13 10. RESOLUTION NO. 8315 The Chula Vista Municipal Code requires that GRANTING APPEAL OF CONDITIONAL appeals from conditional use permits must be USE PERMIT FOR THE COUNTY accompanied by a resolution containing the METROPOLITAN AREA ADVISORY grounds for Council action. COMMITTEE (MAAC) PROJECT 11. RESOLUTION NO. 8316 A written request from the engineer of work for ELECTING TO PROCEED UNDER SECTION Robinhood Point Subdivision has been received 10.28.160 OF THE CHULA VISTA by the Engineering Division requesting the MUNICIPAL CODE DECLARING THE imposition of all rules and regulations governing INTENTION OF THE CITY COUNCIL the movement of vehicles, including but not TO IMPOSE RULES AND REGULATIONS limited to parking and stopping regulations, speed GOVERNING THE MOVEMENT OF and the movement of vehicles on all the private VEHICLES AS CONTAINED IN THE streets, both existing and proposed in the Robin- TRAFFIC CODE OF THE CITY OF CHULA hood Point Subdivision. This resolution covers VISTA AND THE CALIFORNIA VEHICLE all of the private streets in Subdivision Units CODE ON PRIVATE STREETS AND #1 through #4. In accordance with Section 10.28.160 PARKING AREAS LOCATED IN THAT of the Chul8 Vista Municipal Code, a public hearing CERTAIN SUBDIVISION KNOWN AS is set for October 5, 1976 at 7:00 p.m. ROBINHOOD POINT 12. RESOLUTION NO. 8317 On May 25, 1976 City Council approved a contract GRANTING ASSIGNMENT OF with Liebhardt, Weston, and Goldman, Architects, AGREEMENT FOR ARCHITECTURAL A.I.A., for architectural services for renovation SERVICES FOR THE RENOVATION of the Civic Center. Mr. Donald Goldman has OF THE CHULA VISTA CIVIC acted as Project Leader for this firm. He has CENTER FROM LIEBHARDT, WESTON, recently left the partnership and established AND GOLDMAN, ARCHITECTS, A.I.A., his own office. Mr. Goldman has requested that TO DONALD R. GOLDMAN AND the City assign the contract for the renovation ASSOCIATES, ARCHITECTS, A.I.A. of the Civic Center from Liebhardt, Weston, and Goldman to Donald Goldman and Associates and the architects, Liebhardt and Weston, have agreed in writing to this assignment. 13. RESOLUTION NO. 8318 In accordance with Council direction, the revisions APPROVING AMENDMENT TO to Civil Service Rule IX, Section 2, have been CIVIL SERVICE RULE IX, rewritten to eliminate ambiguities and provide SECTION 2, ANNUAL VACATION for a maximum accumulation of two years' vacation credits. Rule IX further provides that those employees with more than two years' vacation credits, upon adoption of the revised Rule, will have until August 17, 1977 to comply with the two-year provision. Recess A recess was called at 8:15 p.m. and the meeting reconvened at 8:34 p.m. 14. REPORT OF THE CITY MANAGER a. REVIEW OF BAY CITIES In answer to query from Councilman Egdahl, AMBULANCE FRANCHISE Assistant City Attorney Beam clarified Code requirements for ambulance service in the City, covered under the Municipal Code Title 5, Section 10, and by Resolutions No. 4193 and 4306. City Council Meeting -6- September 7, 1976 The Council discussed all ramifications of having more than one ambulance company serve the City, requirements for equipment and trained personnel, experience, previous Council actions in granting franchises, complaints by citizens, the para- medic program, and how determination is made as to which hospital is to be used (the patient decides, if he is able; otherwise, in emergency, the nearest hospital is used). Emily Ritter Mrs. Ritter commented on the ambulance service, 339 Patricia Avenue questioning the fact that only one company Chula Vista operates in Chula Vista. She felt there is a need for more than one company to adequately serve the community of approximately 80,000 people. She particularly requested that this service be provided in the east section of the City due to the number of accidents that occur in that area. Steve Ballard, President Mr. Ballard stated that the Emergency Medical Bay Cities Ambulance, Inc. Care Committee, under the Emergency Medical 657 "H" Street Services of San Diego County, comprises Montgomery Chula Vista Fire District, Bonita Fire Department, Chula Vista Fire Department, a member of both Bay General Hospital and Community Hospital, and Mr. Ballard. They are attempting to set a designated area for location in relationship to what hospital a patient goes to, if the patient cannot respond for himself. Mr. Ballard outlined the services rendered by the Bay Cities Ambulance Company, number of units in operation, experience of the company, the paramedic program planned, and cost of equipment and units. He noted that last year the company handled 2,700 calls, 941 of which were police emergency calls. He added that his records would be open to anyone who wished to examine them. Motion to accept report It was moved by Councilman Hobel and seconded by Councilman Hyde to accept the report and set the schedule franchise review for Chula Vista Sanitary service for September 28. Request for report Mayor Hamilton asked that the staff investigate and report to Council the Police Department complaints and continue on a semi-annual basis or each time that the franchise is reviewed, He also asked that once the ad hoc committee has delineated the specific boundaries, that the overlay apply to the ambulance service as well as the paramedic program. Councilman Cox suggested that this be done as other franchises are reviewed. Discussion of base units Council discussed location of base units or or roving units roving units to serve the expanding community. Mr. Ballard stated that when the new paramedic program is in operation, emergency care units will be dispatched from various fire stations upon receipt of emergency calls, followed up with ambulance service. Motion carried The motion to accept the staff report carried unanimously. City Council Meeting -7- September 7, 1976 b. MEETING SCHEDULED - City Manager Cole stated that it has been SOUTH BAY REGIONAL CENTER requested that a Council Conference be set for September 15 for a final review by the architect and County personnel concerning the South Bay Regional Center. Motion for Council Conference It was moved by Councilman Hyde, seconded by Councilman Egdahl, and unanimously carried that a Council Conference be set for September 15 at 3:30 p.m. in the Council Conference Room. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. REPORT - VANDALISM IN Director of Parks and Recreation Hall submitted CITY PARKS a written report to Council containing a synopsis of numerous articles and studies defining vandalism, with suggestions as to possible methods of curtailing vandalism. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the report be accepted. 16. STATUS REPORT - CO~qUNITY Community Development Director Desrochers and HOUSING IMPROVEMENT PROGRAM Director of Building and Housing Grady submitted a status report in writing on the Conununity Housing Improvement Program (CHIP) which is designed to conserve older neighborhoods and preclude the decline that affects aging reM- dential areas. After six months of operation, two loans have been approved, two paint grants have been approved, and two applications are under consideration. Based on these results, the following program changes were recommended: 1. That 6% loans be made available to multi- family units, 2. That 3.75% - 6% loans be made to owner occupants; percent rates and terms to be determined by the Loan Screening Committee on a case-by-case basis 3. That the maximum loan amount be increased to $7,500, 4. That a new grant of up to $700 be instituted for the mandatory correction of Health and Safety Code violations; the amount of which is to be determined by the Loan Screening Committee on a case-by-case basis. 5. That the one-year resident requirement be waived. 6. That staff negotiate with a second lender for the provision of 3.75% loans under the CHIP program. 7. That Council reaffirm concentrated code enforcement for rehabilitation of buildings that owners do not undertake voluntaril~ Motion to accept report It was moved by Councilman Cox and seconded by Councilman Egdahl that the report be accepted and the program changes be approved. City Council Meeting -8- September 7, 1976 Additional report from Mr. Desrochers said he had a report from the Housing Element Committee Housing Element Committee, after their meeting today, regarding their concern on the "concentrated code enforcement" program as to what would happen if a resident over 65 years of age or with a particular handicap required more than a $700 grant. The Committee suggested that in order to allow them to eliminate the code viola- tion (to have their home repaired over the $700), that they have their principal and interest deferred until the home is sold or until they pass away and the home is conveyed to another party and that the Loan Screening Committee would review and pass judgment on such circum- stances. Amendment to motion It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that the recommendation of the Housing Element Committee be made a part of the report and accepted. Motion to accept report The motion to accept the report carried unanimously. carried 17. MAYOR'S REPORT a. COUNCIL POLICY - BOARDS On various occasions, the City Council has expressed AND CON~ISSIONS concern regarding the character and authority CO~UNICATIONS surrounding Board and Commission communications to the public and to the City Council. The proposed Council Policy addresses this matter. Additions to policy Mayor Hamilton said he would like to make two changes in the proposed policy as items "4" and "S" under "Policy" with Item 4 reading: "Minority reports are discouraged unless Council may, upon its discretion, ask for a minority report if deemed meaningful and necessary for Council decision." Item 5 would read: "Prior to the forwarding of a recommendation or information to the Council, that information is to be presented to the Commission for its approval." Motion to accept policy It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the policy be accepted with the two additions recommended by Mayor Hamilton included. b. Request from Mrs. Porter Mr. Hamilton stated he has received a request 18 Kingswood Drive from Mrs. Porter in regard to the Living Carpet Chula Vista Sod Farm on the San Diego Gas and Electric Company property at 1438 Hilltop Drive. She complained about the flies and odor created by the farm, stating that the sod company would not cooperate in regard to spraying, nor would the Health Department or District Attorney's office take any action. Mayor Hamilton requested that the City Manager make a call to the San Diego Gas and Electric Company to see if something can be done. c. California League of Mayor Hamilton announced that the California Cities Meeting League of Cities monthly meeting will be held in Imperial Beach on Thursday, September 16. He asked that those planning to attend notify the City Clerk's office by 5 p.m., September 10. Assemblyman Wadie Deddeh will be the guest speaker. City Council Meeting -9- September 7, 1976 COUNCIL CO~ENTS Beautification awards Councilman Hyde said that on October 14, the Council will have the beautification and outstanding citizen awards banquet in concert with the Chamber of Commerce. He asked that nominations for the awards be turned in to the City Clerk not later than September 20 so the Council can make their selection on September 21. 18. WRITTEN COMMUNICATIONS a. Resignation from A written resignation was received from Patricia Environmental Control F. Keith, dated August 28, 1976. Commission Motion to accept It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the resignation be accepted with regrets and than an expression of thanks for her services be prepared; and if she has served over four years, that an appropriate resolution be drafted. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:00 p.m. to the meeting scheduled for Tuesday, September 14, 1976, at 7:00 p.m. JENNIE M. FULASZ, CMC City Clerk " ' y Clerk