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HomeMy WebLinkAboutcc min 1976/08/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 24, 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 Chamber, 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, Assistant City Manager Asmus, Director of Planning Peterson, Assistant Director of Public Works Lippitt, Acting Director of Finance Hackett, Assistant to City Manager Wittenberg, Citizens Assistance Officer Smith The Mayor called the meeting to order at 7:10 p.m. with the pledge of allegiance to the Flag followed by a moment of silent prayer. 1o APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meeting of August 17, 1976 be approved, copies having been sent to each Councilman° (Councilman Cox abstained from voting as he was not present at the last meeting). 2. ALL STATES PROGRAM - Mayor Hamilton read a Proclamation saluting the STATE OF OHIO State of Ohio and the people in the audience from this state introduced themselves. PROCLAMATION - Mayor Hamilton presented Captain Sticky with a CAPTAIN STICKY Proclamation proclaiming him as the Ambassador of Human Dignity in Chula Vista. ORAL COMMUNICATIONS Vicious Dogs Ordinance Mayor Hamilton said he had received several re- quests from people in the audience to speak on the vicious dogs ordinance; however, the ordinance was not on the agenda and the Council will consider this matter at the next meeting. He asked that the people present their statements in writing to the Council and/or appear at the next meeting to give their testimonies. 3. Presentation by Town Centre Dr. Delbert Hughes, President, informed the Council Business and Professional that the Downtown Association has reorganized and Association has changed its name to the "Chula Vista Town Centre Business and Professional Association." They are requesting that the Council rescind Ordinance No° 1572 which created the Business Improvement District and permit this newly-reorganized organization to be the advisory board to the Council. Request granted It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that an ordinance be brought back which would provide for the formation of the new organization recognized in our ordinance, as requested by Dr. Hughes. Clarence Knight Mr. Knight presented the Mayor with a book on the 117 Jefferson Street history of San Marcos given to him by the Mayor Chula Vista of San Marcos, Andrew Fiamengo. City Council Meeting -2- August 24, 1976 Bill Moe Mro Moe presented the Council with a letter from 954 Hilltop Drive the Chula Vista Veterinary Clinic and a petition Chula Vista containing 170 signatures opposing the vicious dogs ordinance (Section 6.24.080 of the Municipal Code). Caroline Butler Mrs. Butler noted that the Council had many 97 Bishop Street decisions to make tonight and hoped that they Chula Vista would be the right decisions for the people in the community. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING - City Attorney Lindberg explained that the premises TO DETERMINE WHETHER THE at 456 Casselman has been operated as a boarding CONDITIONAL USE PERMIT house pursuant to a conditional use permit granted TO OPERATE A BOARDING OR on November 24, 1975o As a condition of said LODGING HOUSE AT 456 permit, six off-street parking spaces were required. CASSELMAN SHOULD BE The owners/operators of said boarding house have REVOKED never complied with this condition and have, in fact, indicated that the condition cannot physically be met. This public hearing has been set to consider revoking the conditional use permit and to offer the property owner an opportunity to show cause why said property should not be declared a public nuisance and abated in a similar manner to the balance of the communes presently operating in violation of the zoning laws of this City. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. William Cannon, Attorney Mr. Cannon said he was the attorney for the 505 "A" Street First Baptist Church. He commented that the San Diego Planning Commission required five off-street parking spaces for this household - which spaces were allowed to be tandem spaces. He presented the Council with a plot map of the property de- claring that six parking spaces could not be fitted on the parcel in any manner whatsoever -- that this was a foregone conclusion since December 1975 when the Council made this condition. Mr. Cannon stipulated that they have not complied with this condition. He indicated that the Council should state once and for all: "First Baptist Church, we don't want your life style in the City of Chula Vista," because this is what they are being told by having the Council make the regula- tion for the six parking spaces at this household. In answer to the Council's questions, Mr. Cannon said an attempt was made to acquire adjacent property for more parking spaces; however, the cost was prohibitive. Clay Ford Mr. Ford said they have lived there over 1-1/2 456 Casselman Street years and have good relationships with their Chula Vista neighbors° In answer to the Council's queries, Mr. Ford explained that his household functions like a large family sharing the cars in common. The cars are not parked in the garage as they have not felt the need to do this; the cars are all parked in the driveway with the exception of perhaps one car, If they paved in their garden plot, they could provide for the six spaces. City Council Meeting -3- August 24, 1976 Maxine Ferguson Ms. Ferguson said it was her understanding that 728 Elm Street the City ordinances and zoning laws were for the Chula Vista protection and welfare of its citizens and that there was no reason to "bend" the laws for this particular group. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Discussion ensued comparing this use with that of the South Bay Pioneers; the fact that this is a single family residence in an R-5 zone; the transitory occupancy; and the time period of the conditional use permit. Motion to approve It was moved by Councilman Egdaht and seconded conditional use permit by Councilman Cox that the recommendation of the Planning Commission be adopted, which in effect would be a granting of the conditional use permit for this particular household. Discussion of motion Councilman Hyde spoke against the motion stating that the Planning Commission recommendation was based on five bedrooms and the point was made that there is a nursery in the household presently being used as a bedroom for the children° Councilman Hyde then discussed the problems of tandem parking in other areas of the City. Amendment to motion Councilman Egdahl said he was willing to amend his motion to make it six off-street parking spaces in tandem, but he could not see that this would change the principle of the issue. Councilman Egdahl further clarified his motion stating it was intended that there be a stipula- tion that the garage be used for two of those spaces and three in the driveway - that tandem be allowed. City Attorney Lindberg suggested the phrasing be that "the parking spaces be available in the garage." Councilman Egdahl agreed to the change in the wording (as suggested by the City Attorney); Councilman Cox agreed to the second. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hamilton Noes: Councilman ttyde Absent: None Recess A recess was called at 8:12 p.m. and the meeting reconvened at 8:27 p.m. 5o a. PUBLIC HEARING - In a written report to the Council, Director of CONSIDERATION OF REZONING Planning Peterson explained that the public PROPERTIES ON THE NORTH AND hearing was called to consider rezoning of several SOUTH SIDES OF QUINTARD, properties located between Tobias and First Avenue, BETWEEN HILLTOP DRIVE AND north of San Diego Gas and Electric easement° FIRST AVENUE, FROM R-3-G AND R-3-G-P TO R-l, R-l-S-P, Mr. Peterson presented plats and detailed the R-2-T OR R-3-P-12, AND background of the properties in question, dis- CONSIDERATION OF A PRECISE cussing the parks and open space aspect, sewer, PLAN FOR DEVELOPMENT OF 3.32 drainage and schools. ACRES LOCATED BETWEEN TOBIAS AND FIRST AVENUE, NORTH OF This being the time and place as advertised, SAN DIEGO GAS & ELECTRIC Mayor Hamilton opened the public hearing on items EASEMENT 5 a through e. City Council Meeting -4- August 24, 1976 Letter requesting delay Councilman Hobel noted the letter received from Mrs. Margaret Schutte, requesting a continuance. Michael T. McQuillen, Attorney for Mrs. Schutte, stated this request has been withdrawn. b. ORDINANCE NO. 1702 - Area A comprises three acres of land located AMENDING ZONING MAPS on the northwest corner of Quintard and Tobias. ESTABLISHED BY SECTION 19.18.010 OF THE CHULA Area B consists of approximately four acres of VISTA MUNICIPAL CODE property located on the north side of Quintard REZONING THAT CERTAIN between Tobias and Hilltop Drive° PROPERTY LOCATED NORTH OF QUINTARD STREET The staff concurs with the recommendation of the BETWEEN HILLTOP DRIVE Planning Commission to rezone the seven acres AND FIRST AVENUE FROM from R-3-G-P to R-1-5-P in accordance with their R-3-G-P TO R-1-5-P AND Resolution PCZ-76-K(1). Further, the Commission CERTIFYING THE NEGATIVE certified the Negative Declaration on IS-76-50 DECLARATION - FIRST finding that the proposed project would have no READING adverse environmental impact. Speaking in favor of Speaking in favor of R-1-5-P zoning were Michael R-1 zoning McQuillen, Attorney for Mrs. Margaret Schutte, 1376 Tobias Drive; Caroline Butler, 97 Bishop Street; Carlos Lopez, 14 Quintard Street, Chair- man of the South Bay Homeowners Association; Greg Callahan, 53 Bishop; Bill Cofer, 68 Provence Court; Jackie Morud, 32 Plymouth Court; Felicitas Cofer, 68 Provence Court; C. V. Leape, 74 Provence Court; Bob Hastings, 375 Max Avenue; Gail McCurdy, 1379 Tobias; and Clay Morud, 32 Plymouth Court. Their testimonies included: (1) the current R-3 zoning of the Green and Veltinga properties are inconsistent with the area north of Quintard which consists of single-family detached dwellings; (2) the developers of this property do not have a right to seek a profit (on their proposed develop- ment) at the expense of the people in the area; (3) high density apartment construction will have a serious effect on the value of the homes in this area; (4) will double the traffic in the area; (5) the damage in the area has already been done - the rest of the area should be preserved for park purposes; (6) the Planning Commission cannot realize what has been done in the area; (7) developers are coming in with their "New York type of planning;" (8) children must play in the streets; (9) overcrowding of the schools; (10) drainage problems cited; (11) sewer problems; (12) citing the accidents occurring in the area within the past few years; (13) concur with Planning Commission recommendation which would benefit the majority of the residents. Speaking against the Speaking against the rezoning recommendation rezoning recommendation were George Edwards, P. O. Box 506, Laughlin, Nevada; Herman Clayborn, 2718 East Second Street, #B, Long BEach; Shakita Clayborn, 2718 East Second Street, ~B, Long Beach; Ken Green, 865 Fairway Court; Ray Vellinga, 509 Hilda Road, San Diego~ The summary of their testimonies were: (Edwards) (1) owned property at northwest corner of Quintard and Hilltop Drive for the past 25 years; (2) spoke of Council'5 action in 1962 against removal of the City Council Meeting -$- August 24, 1976 building on the property and permission to build apartments under an R-3 proposal; (3) thc drainage problems encountered on his property; (4) his daughter spent over $10,000 improving the property; (Clayborn) (S) the Planning Commission's vote of 4-2 to lower the density was the question of the overcrowding of the schools; (6) the property could be developed under the R-3 zoning; (7) schools will be expanded regardless of the way the zoning goes, so schools is not the issue; (8) has spent considerable time in developing the property with plans to move down here and develop the "L" shaped parcel with a small apartment complex; (Mrs. Clayborn) (9) her lot measures 165 feet by 180 feet and 15 years ago, the adjacent areas started to develop and are now overdeveloped; (10) the homes that were built were "stuck together" and as a result her property value went down; (11) people wanting large lots will go to Bonita and buy; (12) the area is not suitable for R-1 development; (13) they now have a parcel of property they cannot develop to its highest use; (Green) (14) purchased property in the area which was zoned R-3 (northeast corner of Quintard and Tobias); (IS) February 29, 1973 zoning map showed the present R-3 zoning; (16) requested that it not be further down- zoned; (Vellinga) (17) purchased the property because it seemed to have stable zoning; (18) noted the progress of his development of Area A; (19) noted the sewerage and drainage problems and the fact that it would take $120,000 to make improvements; (20) the Council can "zone them out of business." Speaking neither for Haniseli Alagat, 85 Quintard Street, stated nor against he owns parcels #1 and #2 and is in favor of whatever zoning the Council feels would be appropriate for the area. Recess A recess was called at 10:25 p.m. and the meeting reconvened at 10:40 p.m. c. ORDINANCE NO. 1703 - Area C is approximately four acres of property AMENDING ZONING MAPS located on the south side of Quintard between ESTABLISHED BY SECTION First Avenue and Tobias. 19.18~010 OF THE CHULA VISTA MUNICIPAL CODE, Area D is approximately 3.44 acres abutting REZONING THAT CERTAIN the San Diego Gas and Electric easement between PROPERTY LOCATED SOUTH First Avenue and Tobias. OF QUINTARD STREET, EAST OF FIRST AVENUE On August 9, 1976 the Planning Commission FROM R-3-G-D TO R-3-P-12 recommended approval of the rezoning of this AND CERTIFYING THE ?.44 acres from R-S-G-D to R-3-P-12 in accordance NEGATIVE DECLARATION - with their Resolution PCZ-76-K(2). FIRST READING Testimonies given Requesting Council's consideration for park for park land land were Greg Callahan, 53 Bishop Street; children of Mr. Callahan; Cathy Menderson, 52 Sherwood; Margaret Spindler, 52 Bishop Street; Caroline Butler, 9? Bishop Street; Carol Hillman, 1443 First Avenue; Roy T. Winder, 1465 First Avenue; Clay Morud, 32 Plymouth Court; Bob Hastings, 1473 ~x Avenue~ City Council Meeting -6- August 24, 1976 The reasons cited were: (1) lack of area for the children to play; (2) overcrowding of schools in the area; (3) it would be the best use of property; (4) the traffic congestion; (5) number of people now residing in the area; (6) lack of open space and recreational area; (7) too far for the young children to walk to the school playgrounds; (8) noise factor; (9) question why parks are located in R-1 areas and not high density ones; (10) would like to see grass and trees in the area, not more apartments; (11) need a tot lot at the end of Tobias Street; (12) access to the proposed developments; (13) the streets cannot be widened and the sidewalks cannot hold all the children going to school; (14) Planning Commission recommended that the Council consider the area for park purposes~ Speaking against the Speaking against the recommendation were: lower density Floyd Burgi, 67 Quintard Street; Roy T. Winder, 1465 First Avenue, and Norman Starr, 824 Jamaica Court, San Diego. Their reasons were summarized as (1) if it wasn't for the developers, these people could not afford the homes they are living in; (2) noted the improvements put into the area since owning the property in 1953 (Burgi); (3) would like to see the property developed and not left as it is; (4) the schools could develop along with the land and take care of itself (Winder); (5) (Starr) developer of parcel D showed rendering of how this parcel can be developed; (6) project is costing $16,000 in school fees; (7) there is sufficient park space provided on his parcel tO take care of the residents in this development. Council discussion Discussion followed regarding the testimonies given: the deficiency of park land in the area, the cost of acquiring park land, "C" being the most feasible parcel for park land; the high density factor; and the proposed zonings. Public hearing closed There being no further testimonies, either on 5b and 5c for or against on Areas A, B, C, and D (Sb and 5c on the agenda), the hearing was declared closed. bo ORDINANCE NO. 1702- It was moved by Mayor Hamilton that this Jul{ENDING ZONING MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION that the reading of the text be waived by 19.18.010 OF THE CHULA unanimous consent. VISTA MUNICIPAL CODE REZONING THAT CERTAIN The motion carried by the following vote, to-wit: PROPERTY LOCATED NORTH OF QUINTARD STREET AYES: Mayor Hamilton, Councilmen Hyde, Cox, BETWEEN HILLTOP DRIVE Egdahl, Hobel AND FIRST AVENUE FROM Noes: None R-3-G-P TO R-1-5-P AND Absent: None CERTIFYING THE NEGATIVE DECLARATION - FIRST READING City Council Meeting -7- August 24, 1976 c. ORDINANCE NO. 1703 - It was moved by Mayor Hamilton that this AMENDING ZONING HAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION that the reading of the text be waived by 19o18.010 OF THE CHULA unanimous consent. VISTA MUNICIPAL CODE, REZONING THAT CERTAIN The motion carried by the following vote, to-wit: PROPERTY LOCATED SOUTH OF QUINTARD STREET, AYES: Mayor Hamilton, Councilmen Hyde, Cox, EAST OF FIRST AVENUE Egdahl, Hobel FROM R-3-G-D TO R-3-P-12 Noes: None AND CERTIFYING THE Absent: None NEGATIVE DECLARATION - FIRST READING Motion for staff report It was moved by Mayor Hamilton and seconded by Councilman Cox that the staff be directed to look into the use of Area "C" for park purposes and to come back to the Council in 30 days with a recommendation as to whether to purchase all of the property, part of the property, and the approximate cost that would be involved. Discussion of motion Councilman Hyde noted the staff report given at the previous meeting which indicated that park land in the area was adequate and the recommendation was against the purchases of more property. Motion withdrawn Mayor Hamilton withdrew his motion; Councilman Cox withdrew his second. Motion for staff It was moved by Councilman Hyde, seconded direction by Mayor Hamilton and unanimously carried that the staff be directed to advise the City Council of the consequences of a Council de- cision to purchase the area indicated on the map as Area "C" for park purposes. Clarification of motion Councilman Hyde clarified the motion stating it was not a motion to purchase but a desire to purchase and the Council wants a report on the consequences of this action: cost of acquisition, improvement costs, maintenance, etc. Councilman Hyde added that the Council could change its mind after reading the report. Recess A recess was called at 11:55 p.m. and the meeting reconvened at 12:15 a.m. 5. d. ORDINANCE NO. 1704 - Area E - approximately 12.5 acres of property AMENDING ZONING HAPS located south of Quintard between First Avenue  ESTABLISHED BY SECTION and Hilltop Drive. 19.18.010 OF THE CMULA VISTA MUNICIPAL CODE, The Planning Director concurred with the recom- REZONING THAT CERTAIN mendation of the Planning Commission for approval PROPERTY LOCATED SOUTH of the 12.5 acres from R-3-G-D to R-2-T in OF QUINTARD STREET accordance with their Resolution PCZ-76-K(3). BETWEEN HILLTOP DRIVE AND FIRST AVENUE FROM (The public hearing on Area E was still open). R-3-G-D TO R-3-T AND CERTIFYING THE NEGATIVE DECLARATION - FIRST READ ING Public hearing closed There being no comments, either for or against, the hearing on Area E was declared closed° City Council Meeting -8- August 24, 1976 Ordinance placed on It was moved by Mayor Hamilton that this first reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hyde, Cox, Egdahl, Hobel Noes: None Absent: None 5. e. RESOLUTION NO. 8296 - Area D comprises 3.32 acres. The applicant APPROVING PRECISE PLAN FOR proposes to construct 40 three bedroom, two DEVELOPMENT OF PALe DEL AMO story apartment units (a density of 12 dwelling APARTMENT CObfPLEX BETWEEN units per acre) with the main buildings main- FIRST AVENUE AND TOBIAS raining a minimum setback of 35 feet from the DRIVE~ NORTH OF SAN DIEGO existing single family attached dwellings located GAS AND ELECTRIC EASEMENT, on Sherwood Street. AND CERTIFYING THE NEGATIVE DECLARATION Director of Planning Peterson referred to his written report to Council discussing the adjacent land uses, site characteristics of the property in question, the precise plan proposal noting the architecture, parking, landscaping and drainage aspects. In analyzing the question, ~4r. Peterson indi- cated that the proposed development is a well- conceived one with ample open space and parking. He commented that because of the pool location, the accessory building should be moved to the north side of the pool to reduce the noise impact on the adjacent units and the tot lot play area should be moved toward the center of the project. Mr. Peterson concurred with the recommendation of the Planning Commission for approval of the Precise Plan in accordance with their Resolution PCM-76-14 with the added condition that the drainage channel at the northeast corner of the property be improved with a 36 inch R. C. P. storm drain and related facilities° Public hearing open (The public hearing on Area D was still open). Council discussion The Council discussed the sewer capacity in the area. Condition added It was moved by Councilman Hyde, seconded by to approval Counoilman Cox and unanimously carried that as an additional condition of approval, positive assurance of adequacy of sewerage capacity be demonstrated prior to granting final approval. Resolution offered Offered by Councilman Hyde as amended, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None City Council Meeting -9- August 24, 1976 6o a. PUBLIC HEARING - Pride Van and Storage has requested approval CONSIDERATION OF PRECISE of a precise plan for the construction of a PLAN FOR DEVELOPMENT OF 12,000 square foot warehouse building and a LOT 3 IN OTAY INDUSTRIAL 1,600 square foot office building on Lot 3 PARK IN I-P ZONE (2.24 acres) of Otay Industrial Park located on the south side of Nirvana Avenue north of eta7 Valley Road in the I-P zone. Director of Planning Peterson referred to his written report to Council explaining that the proposed use is a van and storage operation with an office staff of seven employees and ten warehouse employees. The building will be a single story structure with a stucco exterior° Mro Peterson then noted the site plan and loca- tion of the warehouse on the property, the colors of the building, parking, and landscaping. The Director concurred with the recommendation of the Planning Commission to approve the precise plan in accordance with their Resolution PCM-76-15. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. b. RESOLUTION NOo 8297 - Offered by Councilman Hobel, the reading of APPROVING PRECISE PLAN FOR the text was waived by unanimous consent, PRIDE VAN & STORAGE passed and adopted by the following vote, DEVELOPMENT IN OTAY to-wit: INDUSTRIAL PARK AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 7. PUBLIC HEARING - It was moved by Councilman Egdahl~ seconded CONSIDERATION OF ADOPTION by Councilman Hobel and unanimously carried OF A MORATORIUM ON A 450 that this hearing be continued to the meeting ACRE PARCEL OF EL RANCHO of September 2, 1976. DEL REY CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopted. 8o RESOLUTION NOo 8298 - A condition of the tentative map of South APPROVING AGREEMENT BETWEEN Bay Villas Subdivision is a requirement for THE CITY OF CHULA VISTA AND guarantees for the removal of certain temporary SOUTH BAY VILLAS FOR THE improvements on Entrada Place and the construction REMOVAL OF TEMPORARY IMPROVE- at some future date of permanent improvements. MENTS AND CONSTRUCTION OF To guarantee the improvements, Shattuck Construc- PERMANENT IMPROVEMENTS IN tion Company deposited a bond in the amount of SOUTH BAY VILLOUS SUBDIVISION $9,000. The new developer, South Bay Villas~ now wishes to post a bond in the amount of $9,000 replacing the one deposited by Shattuck Construction Company. 9o RESOLUTION NO. 8299 - Shattuck Construction Company, developers of APPROVING AGREEMENT FOR THE South Bay Villas Subdivision, has sold the COMPLETION OF IMPROVEMENTS IN propert7 to South Bay Villas. The new developer SOUTH BAY VILLAS SUBDIVISION wishes to execute a new Subdivision Improvement City Council Meeting -10- August 24, 1976 Agreement and necessary sureties with the City guaranteeing the completion of the public improvements. 10. RESOLUTION NO. 8300 - G.R. Henderson Contractors, Inc. have completed ACCEPTING PUBLIC IMPROVEmeNTS - the construction of the double reinforced concrete HALECR£ST BOX CULVERT box culvert across Halecrest Drive north of Tele- graph Canyon Road. A final inspection was made on August 12, 1976 and all work has been been completed to the satisfaction of the Director of Public Works. (End of Consent Calendar) RESOLUTIONS AND ORDINANCES, FIRST READING 11. RESOLUTION NO. 8301 - The 1976-77 budget provides the amount of $21,200 FINDING THAT IT IS TO THE for the purchase of a used road grader to replace CITY'S BEST INTEREST TO two old graders. Napier Construction in E1 Cajon }JAIVE BIDDING REQUIREmeNTS is going out of business and has a 1964 Caterpillar AND PURCHASE A USED ROAD Model 12-99 costing $17,500. It was reconhmended GRADER FROM NAPIER by the Purchasing Agent and Director of Public CONSTRUCTION COMPANY Works that the bidding process be waived and the used grader purchased from Napier Construction. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None 12. ORDINANCE NO. 1705 - The ordinance provides for a combined rate of $1.29 SETTING TAX RATE FOR FISCAL per hundred ($1.00 General Fund, $.24 Retirement YEAR 1976-77 - FIRST READING Fund, $.05 Bond Retirement Fund) for Fiscal Year PoND ADOPTION 1976-77, as compared to the current $1.35 per hundred. Council discussion Councilman Hyde felt the tax rate could be reduced by an additional $.03 based on the fact that the cash basis fund ($243,000) is in effect, as much a reserve as the general fund and can be spent anytime after July 1 and this should be considered a part of the one million dollar goal. Motion to reduce tax It was moved by ~layor Hamilton, seconded by Councilman Hyde and unanimously carried that the tax rate be re- duced by $.10 setting it at $1.25 per hundred for fiscal year 1976-77. Paul Northrup ~r. Northrup said he would like to see the rate 275 East Moss Street changed by $.15 and cited several facts which he Chula Vista indicated supported his request. The ~{ayor explained the income portion of the budget for the past several years and felt the Council should be conservative this year in reducing the rate. tie added that the Council would have the op- tion next yoar of again lowering the tax rate. City Manager Cole explained that the income and estimated expendituros before tax reduction is about $822)000 and taking off the 10%, the difference between the income and outgo will be over one million dollars difference. ~{r. Cole City Council Meeting -11- August 24, 1976 said the City can afford to do this because the balance has been built up; however, it cannot continue to do it for too long a period without the possibility of in time, raising the taxes. SECOND READING OF ORDINANCE 13. ORDINANCE NO. 1701 - The ordinance amends the retirement contract AUTHORIZING THE AMENDMENT to allow credit for unused sick leave at TO THE CONTRACT BETWEEN retirement. THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF q~dE CALIFORNIA PUBLIC EMPLOYEES* RETIREMENT SYSTEM - SECOND READING AND ADOPTION Ordinance placed on It was moved by Mayor Hamilton that this ordinance reading and adopted be placed on first reading and adopted, as amended, and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Egdahl, Hobel, Hyde, Cox Noes: None Absent: None 14. REPORT OF THE CITY MANAGER a. Status report on The City Manager reported that during the month funding for "Our House" of August, prospects for long-term financial support of "Our House" have not changed appreciably from those indicated in the report to the Council on August 3, 1976. Assistant to the City Manager Wittenberg stated that as of 5:00 p.m. today, the County's Advisory Committee on Drug Abuse, made a decision to recommend to the Board of Supervisors that the current level of activity of "Our House" be supported through June 30 of next calendar year or until such time as some other source of State or Federal funding could be obtained. The Board of Supervisors will consider this on September 22, 1976. In answer to Council's query, Mr. Wittenberg commented that the Council's representative, Mr. Frank A. Scott, recommended that the final month of funding be forwarded to "Our House". Motion to fund "Our House" It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that tbe final month of funding be forwarded to "Our House". REPORTS OF CITM OFFICERS AND DEPARTMENT HEADS iS. Report on letter requesting Director of Planning Peterson reported that on lifting of a moratorium for July 20, 1976 the City Council imposed a mora- one lot in Castle Park area torium on the issuance of building permits and rezonings for multi-family projects located in the Castle Park area bounded by Naples Street, Hilltop Drive, Orange Avenue and Industrial Boulevard. City Council Meeting -12- August 24, 1976 On August 11, a letter was received from Ray Huffman requesting that the moratorium be lifted on a one acre site located at the south- west corner of Second Avenue and Palomar Street. Mr. Peterson commented that Mr. Huffman is far along on his project development for this site and recommended that the moratorium be lifted subject to the condition that occupancy of the building will not be allowed until such time as the Quintard/Orange relief sewer is completed and accepted by the City. Motion to lift moratorium It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the moratorium be lifted with the condition that occupancy of the building will not be allowed until such time as the Quintard/Orange relief sewer is completed and accepted by the City. RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS 16. Recommendation regarding The Safety Commission recommended that the sidewalk and curb construction City Council take such action as necessary south of the Hilltop Vista to assure the construction of a full sidewalk Subdivision and curb south of the Hilltop Vista Subdivision. The uncompleted section is on the northerly side of Telegraph Canyon Road and extends from the corner of Nacion Avenue and Telegraph Canyon Road southerly to the corner of Tele- graph Canyon Road and "L" Street. Mayor Hamilton questioned whether this was the responsibility of the shopping area or the developer constructing the new road and facilities in this area. Assistant Director of Public Works Lippitt explained that there are two property owners and an agreement was reached between the developer and the properties affected to get the side- walk installed. Motion to accept staff It was moved by ~layor Hamilton, seconded by recommendation Councilman Cox and unanimously carried that the recommendation be approved and the Safety Commission be advised of the action being carried out by staff. i 17. Recommendation regarding a On April 27, 1976 the City Council approved building moratorium on certain Resolution 8142 which supported the Association residential and commercial of Environmental Professionals' proposed projects until amendments to amendment to State EIR Guidelines. The ECC CEQA Guidelines are received requested that a building moratorium be placed on residential projects over 50 units and commercial buildings of 20~000 square feet or more until the amendments to the CEQA Guidelines are received. During Mr. Hastings' testimony on item 5, he stated that the Chairman of the Environmental Control Commission requested a continuance of this item so that he could be present to testify. City Council Meeting -13- August 24, 1976 Continued to next meeting It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that this item be continued to the next meeting. MAYOR'S REPORT No report. COUNCIL COMMENTS Halecrest fencing Councilman Hyde asked for a status report on the sidewalk fencing in the Halecrest area. Assistant Director of Public Works Lippitt reported that the plans have been completed and sent to the City Manager. The staff is looking into the matter of tying several projects together under the Public Works Bill~ Library landscaping Councilman Hyde discussed the grass area in the new Library area that is not growing very well and asked what is being done about ito City Manager Cole stated that it is the respon- sibility of the Landscape Contractor to main- tain the area for a 90 day period of time. He will bring a report back to Council on what is being done. Quintard/Tobias Area It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the staff be asked to comment next week on the possibilityofthe City becoming a participant to some degree in the off-site improvements of Areas A and B that will result, because of the fact that the Council changed the zoning pattern in that area. (When it is changed from apartment zoning to R-I, the street patterns change and the owners run into additional drainage and expenses. Councilman Hyde asked if it would be legal and appropriate for the Council to offer or to provide some assistance from the City to those property owners for the sharing of the offsite developments). SDG&E easement It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the staff advise the Council as to whether or not there would be any possibility at this time to working out an agreement for mutual development of this right-of-way. The report could be given orally in the near future. Councilman Hyde noted that there is a provision in the franchise for this mutual-type development° Charter Review Committee Councilman Cox questioned the status of the Charter Review Committee, and suggested its reorganization since there is a Mayoral election in April and possible Charter changes could be put on. Mayor Hamilton agreed to reorganizing the Committee and asked each Councilman to submit, at the next meeting, the names of two persons they would like to see appointed to this committee° City Council Meeting -14- August 24~ 1976 Council Conference Mayor Hamilton stated he would not be present at the Council Conference tomorrow but will be meeting with the staff prior to meeting time and will submit his recommendations to them. Status of ACCORD Councilman Egdahl questioned the status of ACCORD. Director of Planning Peterson stated that a draft of the contract was sent to the consultants last week and the Council should get this item before the second meeting of September. Mr. Peterson said he would notify the members of ACCORD, especially the new members~ of this action. Motion to invite ACCORD It was moved by Councilman Hyde, seconded by members to Conference Councilman Egdahl and unanimously carried that ACCORD be invited to be present as observers at the September 2 Conference on this subject° Planning Department Councilman Hobel thanked the staff for the report on item #S excellent report presented under item #5. 18. WRITTEN CO~qUNICATIONS a. Letters of resignation - Letters of resignation were received from Steven Youth Commissioners Krogh, Barbara Jill Gilmour, Victoria Corona, and Karen E. Maruyama. They stated they will be entering college in the Fall. Mayor Hamilton stated he has sent letters to all the high schools soliciting applicants and will conduct interviews and make the appointments as soon as the applications are received. Motion to accept It was moved by Councilman Egdahl, seconded resignations by Councilman Hyde and unanimously carried that the resignations be accepted with regret and thanks for their service along with the Council's good wishes for their college studies. b. Request concerning This item was withdrawn (see page 4 of the minutes)° joint meeting of City Council and County Board of Supervisors Griffith Company representative City Manager Cole commented that a representative of the Griffith Company will be in town tomorrow and if one or two of the Councilmen can be available, to call his office and they can meet with this consultant° ADJOURNMENT Mayor Hamilton adjourned the meeting at 1:06 a.m. to the meeting scheduled for August 25, 1976 at 4:00 p~m. in the Council Conference Room.