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HomeMy WebLinkAboutcc min 1976/08/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 3, 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, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Hyde, Egdahl Councilmen absent: Councilmen Cox, Hobel Staff present: City Manager Cole, City Attorney Lindberg, Director of Public Works Robens, Assistant Director of Planning Williams, Assistant to 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 Egdahl, seconded by Mayor Hamilton and unanimously carried by those present that the minutes of the meeting of July 27, 1976 be approved copies having been sent to each Councilman. Councilman Hyde abstained from voting as he was not present at the meeting of July 27, 1976. 2. a. ALL STATES PROGRAM - Mayor Hamilton read a Proclamation saluting the State of New York State of New York. The people in the audience from this State introduced themselves. b. PRESENTATION OF SERVICE Mayor Hamilton presented Captain William J. AWARD PIN - William J. Gavin Gavin, Fire Department, with a 20 year service pin. ORAL COMMUNICATIONS Greg Callahan Mr. Callahan referred to the Planning Commission 53 Bishop Street notice sent out for the public hearing to con- Chula Vista sider rezoning of property north and south of Quintard between First and Hilltop. Mr. Callahan stated the notice does not mention consideration of open space and park land and asked the Council to direct the Planning Commission staff to study a means of acquiring this property for open space. Mrs. Caroline Butler Mrs. Butler agreed with the statements made by 97 Bishop Street Mr. Callahan and asked for Council consideration Chula Vista of preserving the property for park land purposes. Mayor Hamilton stated that the comments made by ~r. Callahan and Mrs. Butler should be made at the Planning Commission public hearing to be held on August 9, 1976. City Attorney Lindberg agreed indicating that it was inappropriate for these people to direct suggestions to the Council concerning this matter since it has been referred to the Planning Commission. the Planning Commission has the option of recommending any alternative to the Council. City Council Meeting -2- August 3, 1976 Referred to staff It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried by those present that this matter of the suggestion that this land be acquired for park purposes be referred to the staff for report to the Council at the next meeting. Clay Morud Mr. Morud agreed that parks should be estab- 32 Plymouth Court lished in this area. He referred to the Chula Vista Planning Commission notice of public hearing stating that the Commission should not be considering, along with the rezoning, (area at Quintard Avenue between First and Tobias) a proposed development for 40 three bedroom, two story apartment units next to the San Diego Gas & Electric easemento Mr. Morud felt the map submitted with the notice was "biased," and that the petition which they submitted containing over 400 signatures had a very small percentage of signers who did not live in the immediate area. Bill Coper Mr. Coper said it was the Council's opinion 68 Province Court to look favorably on the Green-Vellinga Chula Vista parcel as R-1 (area of Quintard and Tobias), and now the Planning Commission is considering another zoning for the property. Mayor Hamilton stated that the Council never rezoned the parcel R-1 - it was referred to the Planning Commission and the public hearing will be heard on August 9, 1976. Letter from Kathryn Moore City Clerk Fulasz received a letter from 1134 Tobias Mrs. Moore asking that it be read under Chula Vista Oral Communications. City Attorney Lindberg ruled that the letter referred to the property owned by Richard Zogob (south side of Center Street) and should be read at the Redevelopment Agency Meeting of August 5, 1976. PUBLIC HEARINGS 3. PUBLIC HEARING - A letter was sent to the Council signed by TO DETERMINE WHETHER THE Councilmen Hobel and Cox requesting that the CONDITIONAL USE PERMIT TO two public hearings be continued to August OPERATE A BOARDING OR LODGING 24, 1976 when a full Council is expected HOUSE AT 456 CASSELMAN SHOULD to be present. BE REVOKED PJqD ORDERING THE OWNER TO SHOW CAUSE ~tY IT SHOULD NOT BE DECLARED A PUBLIC NUISANCE Hearing continued It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried by those present that the public hearing be con- tinued to the meeting of August 24, 1976o 4. PUBLIC HEARING - It was moved by Councilman Hyde, seconded by CONSIDERATION OF ADOPTION OF A Councilman Egdahl and unanimously carried by MORATORIUM ON A 450 ACRE PARCEL those present that the public hearing be con- OF EL RANCHO DEL REY - HEARING tinued to the meeting of August 24, 1976o CONTINUED City Council Meeting -S- August S, 1976 RESOLUTIONS AND ORDINANCES 5o RESOLUTION NOo 8269 - An in the past year, the College is requesting APPROVING AGREEMENT BETWEEN THE the use of the Police auditorium to conduct CITY AND SWEETWATER COMMUNITY their Police Reserve Academy classes° The COLLEGE DISTRICT FOR FACILITY agreement is for the period August 17 through USAGE December 21, 1976. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Hamilton Noes: None Absent: Councilmen Cox, Hobel 6. RESOLUTION NOo 8270 - A condition of approval for tentative parcel AUTHORIZING THE DEFERRAL OF THE map Now 10-76 is that the developer improve INSTALLATION OF CERTAIN PUBLIC the unnamed street between Second Avenue and IMPROVEMENTS ON PROPERTY OWNED Minot Avenue south of "D" Street. The Planning BY LOUIS GUILLEMETTE LOCATED AT Commission granted a deferral to the property 167 SECOND AVENUE owners based on the fact that it is impractical and premature to install the street improvements at this time and it is desirable to install them under a 1911 Improvement Act District° The property owners have chosen to execute a lien agreement to serve as a performance guaran- tee. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, ]~de, Hamilton Noes: None Absent: Councilmen Cox, Hobel 7. RESOLUTION NO. 8271 - Parking will be prohibited on the north side AMENDING SCHEDULE III OF THE of East "H" Street beginning at Hilltop Drive TRAFFIC CODE TO PROHIBIT PARKING and ending at the 1-805 Freeway. This regu- AT ALL TIMES ON EAST "H" STREET lation is in conformance with the Safety Commission's recommendation° Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl~ Hyde~ Hamilton Noes: None Absent: Councilmen Cox, [tobel 8o RESOLUTION NO. 8272 - In order to implement the Political Reform GIVING NOTICE OF ITS INTENTION Act of 1974 of the Government Code, the Fair TO ADOPT A CONFLICT OF INTEREST Political Practices Commission has directed CODE APPLICABLE TO ~EMBERS OF that all of the City Councils adopt a Conflict THE CITY COUNCIL AND PRESCRIBING of Interest Code for themselves and certain NOTICE OF HEARING THEREON other designated employees. This Code would apply to the City Council initially and there- after, the Council would designate those other municipal officers and employees to whom the Code would also apply. The hearing date is scheduled for August 24, 1976. City Council Meeting -4- August 3, 1976 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Hamilton Noes: None Absent: Councilmen Cox, Nobel 9. a. REPORT ON RECONSIDERATION OF On July 20, 1976, the City Council established CONDITIONS OF APPROVAL OP the following conditions of approval for the CONDITIONAL USE PERMIT PeR location of two pool tables in subject restau- INSTALLATION OF POOL TABLES rant: IN RESTAURANT AT 937 OTAY LAKES ROAD 1) The restaurant operation shall be reviewed by the Planning Commission in one year to deter- mine if the circumstances and character of the restaurant have changed. The Planning Commission will forward their recommendation to the City Council for appropriate action. 2) The property owners within 300 feet of the applicant's shall be notified 10 days prior to review by the Planning Commission° 3) The Planning Department shall periodically review the operation and report to the Planning Commission any change in character of the estab- lishment. 4) The pool table area shall be separated from the main dining area by a floor to ceiling solid partition. The partition shall extend from the office to a point six feet from the restroom wail with openings allowed at each end for access. 5) The pool table area shall be acoustically designed to minimize the impact of the noise generated by the activity of the main dining area. It was the staff's recommendation that the Council adopt the revised resolution incorpor- ating only the first three conditions of approval contained in Resolution No. 8257.. Report accepted It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried by those present that the report be accepted. 9. b. RESOLUTION NO. 8273 - The resolution incorporates the first three ADOPTING REVISED CONDITIONS conditions as delineated in the staff's report FOR THE INSTALLATION OF POOL (9. a.)o TABLES IN RESTAURANT AT 937 OTAY LAKES ROAD IN C-N ZONE (PCC-76-8 - JACK BLAKELY) Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Hamilton, Egdahl Noes: None Absent: Councilmen Cox, Hobel 10. ORDINANCE - City Attorney Lindberg submitted a written AMENDING THE CHULA VISTA report to the Council explaining the problem MUNICIPAL CODE RELATING TO TttE of keeping vicious dogs and the recent dog RESPONSIBILITIES FOR P~INTENANCE bite case in the City. AND OWNERSHIP OF DOGS - FIRST READING AND ADOPTION City Council Meeting -S- August 3, 1976 The ordinance prohibits the keeping of vicious dogs in the City. It is an urgency provision indicating that it would be effective upon first reading and adoption° Council discussion Discussion followed in which the Council dis- cussed the incidents leading up to this ordin- ance~ tying a dog which then becomes an "attract- ive nuisance"; the suggestion that after a certain number of attacks, the animal would be removed from his owner. Urgency measure Councilman Hyde noted that the ordinance is an urgency measure requiring 4/Sths vote and there are only three Councilmen present° City Attorney agreed that the ordinance could not be acted on as an emergency measure; how- ever, the Council could place it on first reading. Councilman Hyde commented that the staff write-up states that the ordinance prohibits vicious dogs but it isn't written up that way° The ordinance states that a vicious dog is unlawful unless it is restrained, confined or muzzled. Mayor Hamilton indicated that he would not like to see the actual prohibition of the animals. There are some business that keep them as security measures as long as they are under control of the owner. City Attorney Lindberg said he would revise this particular section of the ordinance to prohibit the keeping of vicious dogs. Matter continued It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried by those present that this matter be continued to the meeting of August 24, 1976 (when a full Council is expected to be present). Discussion of motion Councilman Hyde remarked that perhaps the ordinance could be rewritten stating that vicious dogs are prohibited with the exception that if they are specifically utilized for the purpose of security on premises, that they be licensed as such under some form of regu- lation, a permit taken - adequate controls such as these should be written into the ordinance. 11~ ORDINANCE NO. 1700 - The County charges $40 per year for inspect- AMENDING C}~PTER 15.48 OF THE ing the first public swimming pool and $20 CHULA VISTA MUNICIPAL CODE BY per year for the second pool located on the ADDING NEW SECTIONS 15.48~110, same property. 15.48.120 AND 15.48o130 ALL RELATING TO THE REGULATION OF City Manager Cole explained that the City PUBLIC SWIMMING POOLS AND does have registered sanitarian5 qualified INSPECTION FEES - FIRST READING to make these inspections; however, the City has designated San Diego County as the Health Officer and under the Code~ only the Health Officer can make these inspections. City Council Meeting -6- August 3, 1976 Ordinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent of those present° The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Hamilton Noes: None Absent: Councilmen Cox, Hobel REPORT OF THE CITY MANAGER 12o STATUS REPORT ON "OUR HOUSE" City Manager Cole referred to his written report to the Council citing the funding requests being made by the representatives of "Our House". Some encouragement was received from County representatives regarding either limited funding or use of influence with Federal departments. ~lr. Cole emphasized that no firm and/or written commitments have been received and that if no definite source of support is identified during the month of August, it will be recommended that the appropriated City funds for September not be authorized. The City Manager further recommended that the City support be sustained for another 30 day period, allocating funds to "Our }louse" for the month of August. Frank A. Scott Mr. Scott, Council's liaison to "Our ttouse", 4 East San Miguel Drive spoke of the attempts being made to secure Chula Vista financing. He said the problem was the late start in trying to get these funds. }te in- dicated that "Our House" may need the assist- ance of the Mayor to help in these contacts. In answer to the Council's query, Mr. Scott stated that a final report will be given to the Council in three weeks, and if secured financing is not received in the interim, it will be his recommendation (and Mr. Wittenberg's -- Assistant to the City Manager) that the City not continue its funding to "Our House". Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried by those present that the report be accepted as submitted authorizing support of the financial needs of "Our House" for the month of August 1976. REPORT OF CITY OFFICERS AND DEPARTMENT HEADS 13. REPORT ON EFFECT OF CONSTRUCTION City Attorney Lindberg sent a letter to tho EAST OF HILLTOP UPON THE TELE- Council explaining the history of proposed GRAPH CANYON DRAINAGE CHANNEL developments for this property and the dis- cussions of having a concrete-lined channel. It was the Attorney's opinion that the Council can take such steps as are reasonable in order to insure against the creation of a flooding hazard in this area, and based upon Engineering reports, that which was required is the limit of the City's capability in response to the problem. City Council Meeting -7- August 3, 1976 Director of Public Works' Mr. Robens presented and discussed the two presentation cross sections of the channel at Telegraph Canyon Road: Section AA is the one located downstream in the channel just east of the culvert which goes under Hilltop Drive and cuts across the last of the parcels (owned by Mr. Ken Green); Section BB is located at the easterly end of the parcels in the condi- tion which is the worst as far as flooding. Mr. Robens noted the location of the water surface under normal conditions and that of a 50 year flood; the culvert locations; water level after the construction of the pads for the homes in that area; the average stream velocities and those around the peri- meter of the channel. ~4r. Robens added that there have been Significant changes made to the flooding potential of this channel with the installation of the culvert, and these, on top of the fact that the change in the amount of erosion is really significant is the justification used in approving the grading permit and informing the developer that, in the engineering standpoint, there was no justification for any reasonable re- quirement to line the channel with concrete. Councilmen's comments Councilman Hyde discussed the drainage channel at Hilltop Park which, after one season of moderate rain, the City paved the base. Hilltop Vista (to the east) was required to put in a substantial cement-lined channel. Further east across 1-80S at the northeast quadrant of Halecrest and Telegraph Canyon Road (undeveloped), the zoning conditioned a cement-lined soft bottom drainage facili~ tieso Councilman Hyde stated that based on the above, it was inconsistent not to require the same for this channel. Councilman Egdahl concurred cautioning against the amount of liability that could incur to the City as to erosion and damage to the banks along this channel. Executive Session It was moved by Councilman }~de~ seconded by Councilman Egdahl and unanimously carried by those present that the Council recess to Executive Session for possible litigation (and discussion of liability). City Attorney Lindberg asked that the Council consider other pending litigations at this same Executive Session. The Council recessed to Executive Session at 8:14 pom. and the meeting reconvened at 8:40 p.m. Motion for cement-lined It was moved by Councilman Hyde, seconded by channel and staff report Councilman Egdahl and unanimously carried by those present that prior to further construc- tion on thi~ property, the developer be re- quired to install a cement-lined bottom to this drainage channel comparable in type to the cement-lined channel that the City has in Hilltop Park downstream to this with the City of Chula Vista to bear one-half of the cost. The staff be directed to bring back City Council Meeting -8- August 3j 1976 to the Council as soon as possible, a report with estimates as to ~at would be required and the cost for accomplishment of it. ~ayor Hamilton commented that the report should indicate the willingness of the developer. Director of Public Works Robens stated he will have the report ready for Council at the meeting of August 24, 1976. MAYOR'S REPORT FRISBEE COURTS Hayer Hamilton referred to an article he read where a city up north has put in frisbee courts. Referred to Parks & Recreation It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried by those present that this matter be referred to the Parks & Recreation Department to see whether it would be appropriate to include these courts in the parks in Chula Vista. SPANISH BOOKS IN LIBRARY Mayor Hamilton said he would like to see more Spanish books in the new Library since there are a good many people in this area that are taking Spanish as a second language. City Manager Cole commented that he has just signed a requisition for $2,000 worth of Spanish books; more books will be ordered as the demand is determined. ROUTE 5, 54 AND 252 Mayor Hamilton reported that at the Executive Board meeting of the Comprehensive Planning Organization (CPO), Supervfisor Brown proposed deleting the interchange at I-5 and 54 from the highway transportation element of CPO. The Mayor noted the reports of Gruen Gruen & Associates that the interchange was vital to the redevelopment of the Bayfront area° Motion for direction It was moved by Mayor Hamilton, seconded by to CPO representative Councilman Egdahl and unanimously carried by those present that the Council instruct its representative to CPO, Councilman Hobel, to forcefully defend its position and do all he can to see that the interchanges at Tide- lands Avenue and 54 (and I-S and 1-805) and further, to see that Route 252 remains in the transportation element in the County. Flooding in IRAPUATO Mayor Hamilton reported that the Mayor of Irapuato returned his call and stated that the flooding of that City was not as great as three years ago. There was no need for Chula Vista's help at this time as the Mexican Government has supplied food and essentials to the victims. He thanked Chula Vista for its concern and offer of help~ PUBLIC WORKS EMPLOYMENT BILL It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried by those present that the Public Works Employment Act of 1976 be referred to staff to review the legislation in detail; find out what impact City Council Meeting -9- August 3, 1976 it will have on Chula Vista; eligibility of the City to make application so that the City can be early participants after the enactment procedures are written up by the legislators. COUNCIL'S COSB{ENTS "F" STREET WIDENING Councilman Hyde expressed his concern that the widening of "F" Street will cause the loss of trees in front of the Library. He discussed the 37 parking spaces and other alternatives in the widening project and the time element involved -- up to two years since the utilities will be undergrounded. Motion for staff report It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried by those present that the staff be asked to comment on the feasibility of the full widen- ing project with the exception of allowing the existing trees in front of the Library to remain° SAN DIEGO SYMPHONY It was moved by Councilman Hyde, seconded PERFORMANCES by Hayor Hamilton and unanimously carried by those present that the staff be directed to look into the feasibility of repeating a summer symphony program for next year indi- cating what financial arrangements might be made to accommodate the program. POST OFFICE REMODELING Councilman Hyde noted that the new traffic OF PARKING AREA pattern at the Post Office is working quite well. Motion for letter It was moved by Councilman Hyde, seconded to Postmaster by Councilman Egdahl and unanimously carried that a letter be prepared for the [{ayor's signature expressing the appreciation of the City Council to the Postmaster for his efforts in helping to improve the sit- uation. Right turns at Post Office Councilman Egdahl noted the three lanes of traffic coming out of the Post Office - all of which must turn right° He wondered if one of the lanes could be designated as a left turn lane. Director of Public Works said he would in- vestigate this and report back to Council. FIFTH ANNUAL AWARDS BANQUET Councilman Hyde reminded the Council that the Fifth Annual Awards Banquet will be held on October 14 and asked them to be considering their nominees for outstanding citizens of the year. Mayor Hamilton asked the City Clerk to give the Council a list of the people who have been honored in the past° MOTION FOR LAW LIBRARY It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried by those present that referred to staff for recommendation be the suggestion that a law room be established in the new Library, City Council Meeting -10- August 3, 1976 specifically, to provide the opportunity of having a taw library for what is going to be an active law community in Chula Vista. Councilman Hyde asked if the library would be at the new South Bay Regional Facility. Councilman Egdahl said this could be a pos- sibility and would include it in his motion. Discussion of motion City Attorney Lindberg said the Judges of the South Bay Municipal Court District have indicated their desire to provide the neces- sary books for such a library here.on an interim basis, if there could be an area provided in the Library° It could then ulti- mately be shifted to the new County Center. MEETING WITIt GERSTENS Councilman Egdahl reported on the meeting held with the Gerstens, Carmen Pasquale and Gersten's bond consultants to discuss the possibility of an assessment district for construction of East "H" Street. It was stated that assurances would have to be given to the bond purchases that there would not be massive changes that would throw off the assessments. Councilman Egdahl added that it was encouraging to have the Gersten Company work with the staff, as previously directed by Council, to re-refine the develop- ment plans for E1 Rancho del Rey as a pre- requisite of moving ahead with an assessment district. TRAFFIC STUDY Councilman Egdahl asked about the County Traffic Study. Director of Public Works Roberts explained that the staff has received three separate printouts and have been refining them each time. The model being used is made for CalTrans and for freewa7 interchanges - major kinds of analyses. This staff is changing the model so that it fits this City's street patterns. )mother printout will come from the County within one or two weeks, after which time Mr. Robens will make a report to the Councilo SPHERE OF INFLUENCE Councilman Hyde discussed LAFCO's letter in which they stated they are dropping the Sphere of Influence Study. Mayor Hamilton reported that he has just signed a letter asking the Board of Super- visors to meet with this Council to dis- cuss this and other issues. 14. WRITTEN COMMUNICATIONS ao LETTER OF RESIGNATION FROM Mrs. Foster submitted her letter of resigns- LIBRARY BOARD OF TRUSTEES - tion noting her feeling of accomplishment Alice Foster of having served during the planning and construction of the new Library. City Council Meeting -11- August 3, 1976 Resignation accepted with regret It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried by those present that the resignation be accepted with regret and a resolution be pre- pared for Mrs. Foster expressing the Council's appreciation for her services on this Board. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:14 pom. to the meeting scheduled for Thursday, August 5, 1976 -- Redevelopment Agency meeting followed by a City Council Meeting.