HomeMy WebLinkAboutcc min 1976/07/06 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
Held Tuesday July 6, 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 Attorney Lindberg, Assistant City Manager Asmus, Director
of Public Works Roberts, Director of Planning Peterson, (Present for
a portion of the meeting were City Manager Cole, Citizens Assistance
Officer Smith and Assistant to the City Manager Wittenberg)
The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of
silent prayer.
It was moved by Councilman Hobel, seconded by
1. APPROVAL OF MINUTES Councilman Egdahland'unanimously carried that
the minutes of the meetings of June 9, 17, 18,
22 and 29, 1976 be approved, copies having been
sent to each Councilman, except Councilman Egdahl
abstained on approval of minutes of June 9 with
the request that those minutes be corrected to
show that he was absent.
2. a. ALL STATES PROGRAM - Mayor Hamilton read a Proclamation saluting
State of Nebraska the State of Nebraska. A number of people
in the audience from that state introduced
themselves to the Council.
b. PRESENTATION OF CERTIFICATE - Mayor Hamilton presented a Certificate to the
CO~4UNITY BICENTENNIAL City received from the United States Conference
PROGRAM of Mayors for the City's participation in "The
Community Bicentennial: Lasting Reminders"
survey with a program of lasting value.
ORAL CO~dUNICATIONS There were none.
PUBLIC HEARINGS AND RELATED ORDINANCES
3. a. PUBLIC HEARING - On March 2, 1976, the Council received a
CONSIDERATION OF CHANGE OF report stating that when present zoning
ZONE FOR 7.44 ACRES SOUTH regulations were adopted in 1969, areas
OF QUINTARD BETWEEN FIRST zoned R-3-B-3 (1 unit per 3,000 square feet)
AVENUE AND TOBIAS STREET were placed in the closest corresponding
FROM R-$-G-D TO R-S-P-IS R-3 classification on the new regulations -
R-3-G - which is one unit per 2,S00 square
feet. The Council directed that the area
south of Quintard between First and Hilltop
Drive be considered for rezoning to a classi-
fication which would reflect thc density
prior to the change in the zoning regulations.
Noted for the record Director of Planning Peterson submitted a
map noting the area in question, the adjacent
land use and zonings. He referred to his
written report to the Council discussing the
two petitions submitted -- one asking that
the property be rezoned from R-$-G-D to R-1
and the second petition asking that the
zoning remain. Received by the City Clerk
today was a petition for R-2-T-P zoning.
Included in Council's mailing was a letter
dated May 8, 1976 from Mr. and Mrs. Winder,
owners of the property adjacent to the SDG&E
easement, asking that the present zoning remain.
City Council Meeting -2- July 6, 1976
Planning Commission On May 10, 1976 the Planning Commission
Recommendation recommended that the City Council certify
the Negative Declaration and approve the
change of zone from R-3-G-D to R-3-P-iS in
accordance with their resolution No. PCZ-
76-E.
Mr. Peterson reported that he met with the
developer (Norman Starr) of the Winder prop-
erty this morning and reviewed his plan. It
did not conform to the suggested guidelines
and changes in the plan were discussed to
bring it in conformance.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
Norman Start Mr. Starr said he was the prospective develop-
824 Jamaica Court er of the Winder property. In going over the
San Diego guidelines suggested by the Planning staff,
he felt the criteria was something he could
live with. As to the issue of down-zoning,
he feels the existing zoning provided adequate
open space and was in conformance with the
character of a great portion of the neighbor-
hood. Mr. Start added that the issue was not
the density but the guidelines of development.
Speaking in opposition Speaking in opposition were Carlos Lopez,
14 Quintard; Elizabeth, Kim, Greg and Charlene
Callahan, 53 Bishop Street; Michael and Mrs.
Carolyn Butler, 97 Bishop Street; Martha
Spinier, S0 Bishop Street; Carol Hillman,
1443 First Avenue; Clay Morud, 52 Plymouth
Court; Frank Bellais, 65 Bishop; Florence
Wallis, 1456 Friar Place; Stacia Lindsey,
91 Bishop Street and a letter received from
Ruppert Rosas, 51 Bishop Street. The pro-
testants cited: 1) lack of open space and
parks in the area; 2) overcrowding of school
facilities; 5) lack of play areas for the
children; 4) children playing out in the
streets; 5) drainage and sewerage problems
in the area; 6) traffic congestion; 7) there
are enough apartments in the area now; 8)
devaluation of properties; the area is noted
for its high number of police calls; 9) high
density development brings and breeds trouble;
10) number of cars that would be generated;
11) discussion of aspects of the Environmental
Impact Report; 12) noise problem.
Use of school grounds In answer to Councilman Egdahl's inquiry,
Martha Spinier and Mrs. Butler declared that
the school grounds were closed after school
hours and anyone wanting to use the facilities
had to fill out a request form which needed
the approval of the principal or superintendent.
Public hearing closed There being no further comments, either for
or against, the hearing was declared closed.
Recess A recess was called at 8:50 p.m. and the
meeting reconvened at 8:45 p.m.
Council discussion A general discussion ensued in which the Council
discussed the present zoning and land use in the
area; attempts to get the County to establish a
moratorium on building in this area; ratio of
City Council Meeting -3- July 6, 1976
overall density; comparison of R-3-P-15 and
R-2-T zonings; and further downzoning of the
properties.
Motion for R-5-L It was moved by Councilman Hyde and seconded
zoning by Councilman Egdahl that the proposal for
rezoning be modified from R-5-G-D to R-3-L
with possibly a "P" on the end of it (depend-
ing upon comments by the Planning Director).
Discussion of motion Councilman Hyde explained that R-5-L is the
newest zoning on the books allowing a density
of 5,S00 square feet for one unit which is
equivalent to R-2 zoning.
Included in motion The motion for the R-5-L is to go back to the
Planning Commission and the ordinance would
subsequently be brought back with their recom-
mendation. Councilman Egdahl agreed to the
second.
Discussion ensued as to the density for R-S-L
and the "P" Modifier. The Director of Planning
recommended that the "P" be attached which
means that the Council would review the plans
at a public hearing.
Included in motion Councilman Hyde included in his motion the
rezoning to R-5-L~P.
Drainage Problems Director of Public Works Robens stated that
$20,000 is budgeted in this fiscal year for
the construction of a relief sewer from
Quintard southerly - it will be west of the
site in question. This relief sewer will
provide adequate sewerage capacity for this
area.
Motion carried The motion to send this back to Planning
Co~mission for consideration of R-$-L-P
zoning carried unanimously.
Discussion regarding Councilman Egdahl asked about the possibility
open space development and advisability of the City participating in
some way with the developer of these properties
for a reduced density (below what the R-3-L
would provide) for the development of addi-
tional open space - some joint participation
by the City in order to provide playground and
park facilities that could be used not only by
the residents of the apartments but for the
residents of the area.
Motion for staff direction It was moved by Councilman Egdahl, seconded
by Councilman Hyde and unanimously carried
that the staff be asked to advise the Council
as to the advisability and the details of
a cooperative venture with the developers of
these two parcels in particular, as a trade-
off for their reducing the density below what
is allowed - that there be some formula by
which the City would participate with them
in providing usable developed open space, per-
haps even equipment, to be used by the people
in this area.
Matter set for August 24 It was the concurrence of the City Council that
the report of the Planning Commission be set
for the Council meeting of August 24, 1976.
City Council Meeting -4- July 6, 1976
4. PUBLIC HEARING - This hearing was continued from the meetings
CONSIDERATION OF REQUEST FOR of May 25, 1976 and June 8, 1976.
GENERAL PLAN AMENDMENT GPA-76-1
FOR THE AREA ON THE SOUTH SIDE Director of Planning Peterson submitted a
OF "L" STREET BETWEEN FOURTH plat noting the area in question explaining
AND FIFTH AVENUES that the applicant has requested a change in
the General Plan designation for approximately
3.92 acres of land located between Fourth
and Fifth Avenues on the south side of "L"
Street from Medium Density Residential (4-12
dwelling units an acre) to High Density
Residential (13-26 dwelling units an acre).
The General Plan designates the property for
Medium Density Residential (4-7 families per
acre). In September 1969, the property was
prezoned R-3-G-P permitting a density of 17
dwelling units an acre.
Planning Co~nission At the Planning Con~nission meeting of April
recommendation 26, 1976 a motion for denial of the requested
change in the General Plan resulted in a tie
vote thereby unabling the Commission to reach
a recommendation.
Mr. Peterson discussed the plan submitted
to him today by Mrs. Pad¢lford for the south-
east corner parcels. He added that after
reviewing the plans, he would still recom-
mend denial of the General Plan Amendment and
that the Council direct the Planning Commission
to consider prezoning to R-S-P-12.
Public hearing opened This being the time and place as advertised,
the Mayor declared the hearing opened.
Charles Offerman Mr. Offerman submitted aerial photos of the
331 "L" Street area to the Council and discussed the history
Chula Vista of the existing zoning and the declaration of
the environmental impact report that there will
be no adverse impact by the proposed develop-
ment.
Mr. Offerman explained that he and his wife
own two parcels (124 foot frontage on "L"
Street) and the parcels will be developed as
one piece. He discussed the guidelines
suggested by the staff and the traffic count
on both "L" and Fourth Avenue. Mr. Offerman
said he would be happy with a density similar
to that of Mrs. Padelford's plan - 15 units
per acre.
Lauren Burn Mr. Burn commented that he was a resident of
434 "L" Street this area and goes along with Padelford's
Chula Vista plan.
Arthur Peinado Mr. Peinado remarked that he is the attorney
1010 Second Avenue representing Betty Padelford and her two
San Diego brothers, owners of a portion of the property
in question. Hc cited the zonings and adjacent
land uses in the area; the traffic count on
the streets ("L" and Fourth) which is 15,000
to 16,000 per day but which streets can handle
20,000; guidelines which are acceptable to his
clients and to Mr. 0fferman and his clients
will go on record as stating they will abide
by them; the property can be developed with 26
units under the present zoning - they are inter-
ested in developing it with 14 or 15 units.
City Council Meeting -5- July 6, 1976
Gaylord Henry Mr. Henry cited the costs of the land and
Attorney for Mr. Offerman rental units declaring it would not be
economically feasible to build at a density
less than 22 units.
Mr. Fish Mr. Fish asked how two-story units built in
430 "L" Street back of his property would affect the zoning
on his property if he wished to develop his
property for a use conducive to a busy street -
such as for doctors' offices.
Mayor Hamilton explained the procedure for
requesting commercial zoning for Fish's
property.
Doris Bradley Mrs. Bradley owns the property at 428 "L"
222 "L" Street Street. She said it would be better to look
over the fence at a landscaped development
rather than "the garbage heap there now."
Mrs. Bradle7 commented that lenders will not
lend on the property on "L" Street with the
R-1 zoning because of the four-lane street.
Letter in favor A letter was received from Mrs. Thomas R.
Bradley, owner of the residence at 428 "L"
Street favoring the change in the General
Plan.
Speaking in opposition Speaking in opposition were John Fabrick,
432 Arizona Street; Peggy Hupp, 450 Westby;
Millard and Dorothy Showman, 410 "L" Street
(letter noted). Their reasons were: 1)
it will increase traffic on "L" and Fourth;
2) it will be hazardous to those who walk to
the schools; 3) especially hazardous to the
children who walk to the elementary school;
4) there is sufficient property left in Chula
Vista to build without going into high density
at this particular place; S) devaluation of
their homes; 6) it would limit the financing
on their own homes; 7) four to 12 unit density
is the best solution.
Public hearing closed There being no further comments, either for
or against, the hearing was declared closed.
Council discussion Discussion followed regarding the general
plan amendment, bonus factors and zoning at
a density slightly higher than designated on
the General Plan.
Motion to deny It was moved by Mayor Hamilton, seconded by
General Plan Amendment Councilman Hyde and unanimously carried that
the request for the General Plan amendment be
denied.
Motion for "P" Designator It was moved by Mayor Hamilton and seconded by
Councilman Cox that a "P" designator be placed
on all the property with a maximum density for
any one piece of property at 14 dwelling units
per acre.
Discussion of motion Councilman Hyde spoke against the motion in-
dicating it was too broad and included the
nine other parcels that will be blanketed in
(other than Offerman's and Padelford's parcels).
The motion would allow all of the parcels in
question to develop with 14 units to the acre.
City Council Meeting -6- July 6, 1976
Motion withdrawn Mayor Hamilton withdrew his motion; Councilman
Cox withdrew his second.
Motion to refer to It was moved by Councilman Egdahl and seconded
Planning Commission the by Councilman Hyde that the question of pre-
R-3-P-12 zoning zoning this area to R-3-P-12 be referred to
the Planning Commission and that the Council
find, in accordance with the Negative Declara-
tion, as amended, that GPA-76-1 will not have
any possible significant impact on the envi-
ronment and thereby certify that the Negative
Declaration has been prepared in accordance
with CEQA 1970 as amended.
Discussion of motion Councilman Hobel spoke against the motion
indicating that the P-12 zoning does not give
the Planning Commission enough latitude.
Motion carried Re motion carried by the following vote,
to-wit:
AYES: Councilmen Egdahl, Hyde, Cox
Noes: Councilmen Hobel, Hamilton
Absent: None
Recess A recess was called at 10:25 p.m. and the
meeting reconvened at t0;48 p.m.
16. ORDINANCE - Mayor Hamilton announced that this item will
AMENDING CHAPTER 9.12 OF THE be continued to the next meeting at the
CITY CODE BY AMENDING SECTIONS request of the Chief of Police.
9.12.010 AND 9.12.040 THEREOF
AND ADDING NEW SECTIONS 9.12.120
THROUGH 9.12.240 RELATING TO
THE REMOVAL OF THE PROHIBITION
AGAINST THE PLAYING OF BINGO
BY CERTAIN PARTIES - FIRST
READING
S. CONSIDERATION OF APPEAL BY In a written report to the Council, Director
QUINT ZUHLKE OF PLANNING of Planning Peterson explained that the ap-
COMMISSION DENIAL OF REQUEST plicant proposes to convert one unit of an
FOR CONVERSION OF RESIDENTIAL existing duplex into a real estate office at
STRUCTURE TO OFFICE USE, 249 249 Fourth Avenue. Mr. Peterson submitted a
FOURTH AVENRJE plat of the site layout, the three parking
spaces to be provided in the rear and noting
that no remodeling is proposed for the front
unit of the existing stucco and wood frame
duplex which will house the real estate office.
Planning Commission On May 10, 1976, the Planning Commission
recommendation unanimously denied the request for the conver-
sion of the residential structure for office
use based on the finding of architectural
incompatibility, improper mixture of land uses
and poor site and circulation design.
Mr. Peterson further commented that the ap-
plicant is objecting to conforming his use
to be compatible with the architecture pre-
vailing in the Civic Center Design Control
District.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
City Council Meeting -7- July 6, 1976
Quint Zuhlke Mr. Zuhlke stated he is asking for a three-
year variance. He stated it would be im-
practicable to require him to adhere to the
Civic Center Design Control District since
he would have to put on a tile roof. This
would weigh 12,000 pounds and the structure
would not be able to hold it. In approxi-
mately 18 to 24 months, he would be able to
purchase plastic tiles and thereby conform to
these standards. Mr. Zuhlke noted his site
layout, parking and egress and ingress into
the property.
Developments along Glover Councilman Hyde discussed the Council's
action taken when the Chamber of Commerce
moved into this area - that any development
on Glover Avenue (west side) was zoned C-O-P
with a condition that any development had
to be orientated toward Fourth Avenue.
Mr. Peterson said he would investigate this
and report back to Council.
Letter of opposition A letter from Mrs. Dorothea L. Pogue, owner
of the property at 244-246 Glover Avenue
was received in opposition to the appeal.
Public hearing closed There being no further comments, either
for or against, the hearing was declared
closed.
Appeal denied It was moved by Councilman Hyde and seconded
by Councilman Egdahl that the appeal be
denied.
Motion carried The motion carried by the following vote,
to-wit:
AYES: Councilmen Hyde, Cox, Egdahl, Hobel
Noes: Mayor Hamilton
Absent: None
6. PUBLIC HEARING - In a written report to the Council, Director
APPEAL BY JACK BLAKELY OF of Planning Peterson explained that on
PLANNING CO~qlSSION DENIAL August 20, 1974, the Council granted an appeal
OF CONDITIONAL USE PERMIT by the applicant approving a conditional use
APPLICATION PCC-76-8 TO permit to allow the incidental sale of beer
INSTALL TWO POOL TABLES IN and wine in conjunction with his restaurant
RESTAURANT AT 937 OTAY LAKES located at 937 Otay Lakes Road. Approval of
ROAD IN C-N ZONE the request was conditioned upon the require-
ment that there would be no pool tables, pin-
ball machines or horseshoe pits (outdoors).
The applicant is requesting permission to
install two pool tables at the rear of the
restaurant - this would be separated from
the dining room by a four foot high potted
plant divider.
Planning Commission On June 14, 1976 the Planning Commission
recommendation voted to deny the request.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
City Council Meeting -8- July 6, 1976
Jack Blakely, applicant Mr. Blakely cited his record of "no problems"
631 East "J" Street with the Police Department. He commented that
Chula Vista the average age of the college student at
Southwestern is 27½ years which was one of
the objections brought out by the Planning
Commission. 80% of his business is the sale
of food and having two pool tables would not
change this. Mr. Blakely noted two petitions
he circulated among the residents in the area
stating they had no objections to the pool
tables.
record, was noted that a letter was
Noted
for
the
record
For
the
it
received from James Ruppenthal, 1850 Ithaca
Street, asking that the request be approved.
Pat Coleman Mrs. Coleman and Miss Blakely stated they were
$S0 Oxford Street the daughters of Jack Blakely and spoke in
Rebecca Blakely support of the proposal.
Norman Hensley Mr. Hensley asked that the Council uphold
944 Wayne Avenue the decision of the Planning Commission.
Chula Vista The installation of the two pool tables is a
continuation of the step by step evolution of
Mr. Blakely's establishment into the type of
business that would not be desirable in this
neighborhood center. Mr. Hensley noted the
Council's past action - allowing the beer
variance but denying the pool tables. In
his liquor license, Mr. Blakely exclusively
eliminated the pool tables. If this is allowed,
Mr. Blakely will pursue his original concept
of installing horseshoe pits and pinball
machines.
Don Bodie Mr. Bodie said he has no problem with the
1654 Ithaca Street restaurant but does have a problem with its
Chula Vista being a pool hall or beer bar. Mr. Bodie
noted the other two areas that have pool
tables (Orange and Melrose and "L" Street
and 1-80S) stating that from the time school
is out to about 10:00 p.m., there are about
20 kids hanging out there.
Motion to approve It was moved by Councilman Hyde and seconded
appeal by Councilman Cox that the appeal be granted
and that the Planning Department be directed to
prepare a set of conditions for a conditional
use permit for this use for a period of one
year.
Review after one year City Attorney Lindberg explained that the
Council can act administratively to grant
a continuation or extension of the use (after
the one year period) provided that circum-
stances have not changed or if there were
changes, the Council can open the matter for
a complete review.
Councilman Hyde said it was his intent to
review it after the one year period of time
without having the applicant apply (and pay)
for another conditional use permit.
Neighbors to be Councilman £gdahl asked that the neighbors
notified be notified at the time of the review procedure.
City Council Meeting -9- July 6, 1976
Amendment to motion Councilman Hyde directed the staff, in its
preparation of conditions, to indicate that
at the end of one year, it would be up for
review and the property owners in the normal
notice area be advised of it.
Councilman Cox agreed to the second and the
motion carried unanimously.
7. PUBLIC HEARING - Director of Planning Peterson submitted a
APPEAL BY FLORENCE A. WHEYLAND plat of the area noting the property in
OF PLANNING CO~IISSION question as a lot measuring 55 feet by 150 feet
APPROVAL OF CONDITIONAL USE containing 8,250 square feet setting back 60
PERMIT FOR OPERATION OF A DAY feet from Fifth Avenue. The applicant has
NURSERY AT 258 FIFTH AVENUE requested permission to conduct a day nursery
BY ROBERT S. THOMAS for 10 children - hours of operation would be
from 6:30 a.m. to 6:00 p.m.
Planning Commission On June 14, 1976, the Planning Commission
recommendation approved the conditional use permit for the
nursery and certified the Negative Declaration
for IS-76-56.
Mr. Peterson discussed his written report to
the Council noting the other day nurseries
in the vicinity and the petition submitted
to the Planning Commission containing the
signatures of 50 residents in the immediate
area opposing the proposed facility.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
Florence Wheyland Mrs. Wheyland showed the Council pictures of
Owner of Fifth Avenue the site, the surrounding area, and the view
Apartments from her two-story apartments on the corner of
Fifth and Davidson Street. She stated the area
is quiet and this would be destroyed by the
noise generated by the children. The use
limits the number of children to 10; however,
this means 10 at any one time - not an overall
factor. She rents to adults only and having
this use next door would hamper her apartment
leasings.
Speaking for the appeal Speaking in favor of the appeal were Ray
Dobbs, 269 Fifth Avenue; Mr. Robinson, 277
Fifth Avenue; Golda Gordon, living two doors
away on Fifth Avenue; and Manuel Bo]divist,
273 Fifth Avenue.
Their objections were that 1) most of the
people living along this street are retired and
wish to continue to enjoy their quiet neigh-
borhood; 2} there are other areas in the City
more conducive to this type of use; 3) the
noise factor that would be generated by the
children; 4) traffic would increase.
Robert S. Thomas Mr. Thomas, the applicant, spoke of the
650 Floyd Avenue State requirements for fencing his property.
The parcel is zoned R-3 which is conducive
to this type of use. Mr. Thomas noted his
site layout, parking access and the six foot
high wall he will construct as a requirement
of the Planning Commission. The children will
range in age of 2 years to 6 years and working
with him will be two full time teachers - one
has a Masters in Special Education and the other
has a B. A. in Child Psychology.
City Council Meeting -10- July 6, 1976
Public hearing closed There being no further comments, either
for or against, the hearing was declared
closed.
Motion to deny appeal It was moved by Councilman Egdahl, seconded
by Councilman Hyde and unanimously carried
that the appeal be denied.
8. a. PUBLIC HEARING - In a written report, the Council was informed
CONSIDERATION OF PREZONING that when the R-3-B-$ zoning classification
AND REZONING 18.25 ACRES was eliminated in 1969 and replaced with the
NORTH OF "E" STREET EAST R-3-G classification of the newly adopted
OF HILLTOP DRIVE FROM R-1 Zoning Ordinance, the area north of "E"
AND R-S-G-D TO R-S-P-15 Street and east of Hilltop Drive received an
increase in density (approximately three units
per acre). The Council referred the matter
to the Planning Commission for a recommen-
dation of a possible zone change to a density
as originally zoned or one more in keeping
with good zoning practice and the General
Plan.
Planning Commission On May 24, 1976 the Planning Commission
recommendations recommended that the Council certify the
Negative Declaration and approve the change
of prezoning and zoning from R-1 and R-$-G-D
to R-5-P-13 in accordance with their Reso-
lution PCA-76-F.
"H" Modifying In answer to Councilman Hyde's query, Mr.
District Peterson said the staff considered the "H"
Modifying District which would have resulted
in a low density in the overall property.
Since the slopes are confined to limited
areas,and the developer will preserve those
areas, the staff felt that the "P" designator
would be the best way to handle it.
Public hearing opened This being the time and place as advertised,
the public hearing was opened by Mayor
Hamilton.
John Morgan Mr. Morgan, with the Morgan-Gardner Building
6153 Fairmount Extension Company, owners of the area in question,
San Diego stated that they have never submitted an
application to the staff for development
of the property. If the zoning is approved,
they will draw a final map and submit their
application. Mr. Morgan spoke of his pro-
posed plans for the area noting the streets,
topography and landscaping.
Raymond A. Presbilla Mr. Presbilla spoke against the rezoning
75 Bonita Road stating that it would have a significant
impact on the environment. Out of the
18.25 acres, there will be 12 acres that
can be built upon. Mr. Presbilla noted the
number of units to be constructed, the
number of people that would be moving into
this area and the number of children (ap-
proximatel7 170) that would have to be
crowded into Rosebank School.
Public hearing closed There being no further comments, either
for or against, the hearing was declared
closed.
City Council Meeting -11- July 6, 1976
Council discussion Discussion ensued regarding the formula
used by the Director of Planning in ar-
riving at the density, the access streets,
and land use of the surrounding area.
b. ORDINANCE NO. 1692 - It was moved by Councilman Egdahl that this
AMENDING ZONING MAPS ESTAB- ordinance be placed on its first reading
LISHED BY SECTION 19.18.010 and that the reading of the text be waived
OF THE CITY CODE REZONING by unanimous consent.
AND PREZONING THAT CERTAIN
PROPERTY LOCATED NORTH OF The motion carried by the following vote,
"E" STREET EAST OF HILLTOP to-wit:
DRIVE FROM R-1 AND R-3-G-D
TO R-3-P-13 AND CERTIFYING AYES: Councilmen Egdahl, Hobel, Hyde,
THE NEGATIVE DECLARATION - Cox, Hamilton
FIRST READING Noes: None
Absent: None
CONSENT CALENDAR It was moved by Councilman Hobel, seconded
by Councilman Egdahl and unanimously carried
that the Consent Calendar be approved and
adopted.
9. RESOLUTION NO. 8240 - At the meeting of June 22, 1976 the City
CO~NDING ROEL CONSTRUCTION Council directed that a resolution of ap-
COMPANY FOR THEIR FINE PER- preciation be prepared for presentation to
FORMANCE IN THE COMPLETION OF the contractor on the Chula Vista Library
THE CHULA VISTA LIBRARY - THE for their fine performance on the Bicentennial
BICENTENNIAL BUILDING PROJECT Building project.
10. RESOLUTION NO. 8241 - At its regular adjourned meeting of June 29,
ESTABLISHING A PERMANENT RATE 1976, the City Council permanently estab-
SCHEDULE FOR POLICE REQUESTED lished the towing fee schedule as previously
TOWING SERVICES AS CONTAINED adopted by Resolution No. 7857 which was
IN RESOLUTION NO. 7837 APPROVED for a one-year period.
ON JULY 29, 1975
11. RESOLUTION NO. 8242 - The contract work for the landscaping of the
ACCEPTING CONTRACT WORK FOR new Library has been completed by the con-
LANDSCAPING GROUNDS OF CHULA tractor, Fritz A. Nachant, Inc. A final in-
VISTA LIBRARY spection was made on June 22, 1976 and the
work has been completed to the satisfaction
of the Director of Building & Housing and
the Park Superintendent and conforms to City
requirements. The total contract price was
$89,631.15.
12. RESOLUTION NO. 8243 - Bonita Hills Properties and Par Construction,
APPROVING AGREEMENT FOR THE Inc. have paid all required fees, posted all
COMPLETION OF IMPROVEMENTS necessary bonds and have executed the Sub-
IN BONITA RIDGE ESTATES, division Improvement Agreement. The agree-
UNIT NO. 4 SUBDIVISION ment and surety bonds in the amount of $350,000
guarantees the installation of the public
improvements with Bonita Ridge Estates, Unit
No. 4 Subdivision.
13. RESOLUTION NO. 8244 - The final map for the subdivision has been
APPROVING FINAL MAP OF BONITA checked by the Engineering Division and
RIDGE ESTATES UNIT NO. 4 ACCEPTING found to be in conformity with the tentative
ON BEHALF OF THE PUBLIC THE PUBLIC map approved by Council on February S, 1974
STREETS DEDICATED ON SAID MAP AND (Resolution No. 7163). The subdivider, Bonita
ACCEPTING ON BEHALF OF THE CITY THE Hills Properties and Par Construction, Inc.,
BASEMENTS GRANTED ON SAID MAP WITH- have paid all fees and have submitted all bonds
IN SAID SUBDIVISION and required documents. Approval of the final
City Council Meeting -12- July 6, 1976
map includes the dedication of GREENWOOD
PLACE, a portion of CAMINO ELEVADOand a
portion of OTAY LAKES ROAD. Also dedicated
to the City are Lots 217, 218, 219 and 220
for park, recreation and open space use.
(End of Consent Calendar)
RESOLUTIONS AND ORDINANCES, FIRST READING
14. RESOLUTION NO. 8245 - Change Order No. 44 is for the following
APPROVING CHANGE ORDER in the amount of $4,886.00:
NO. 44 TO THE CONSTRUCTION
CONTRACT FOR THE CHULA VISTA 1) Labor and materials required to install
LIBRARY conduit runs and junction boxes for the
cable TV antenna system.
2) Labor and materials required to install
gate valves in the landscape sprinkler
system.
3) Labor and material for adding additional
electrical outlets in various locations
in the library and for making changes to
improve the illumination of the lighting
system in the periodicals section.
Resolution offered Offered by Councilman Hyde, 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
15. RESOLUTION NO. 8246 - The following bids were received on June
ACCEPTING BIDS AND AWARDING 2S, 1976:
CONTRACT FOR THE CONSTRUCTION
OF TRAFFIC SIGNALS AT EAST CONTRACTOR AMOUNT
ORANGE A~ENUE AND MELROSE
AVENUE - GAS TAX PROJECT NO. Arrow Electric $34,100
GT-48 Perry Electric 37,26?
Select Electric Inc. 31,937
It was recommended that the contract be
awarded to the iow bidder, Select Electric
Inc. and the amount of $55,000 be budgeted
($3,063 for contingencies).
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
City Council Meeting -13- July 6, 1976
16. ORDINANCE It was moved by Mayor Hamilton, seconded
A~NDING CHAPTER 9.12 OF THE by Councilman Egdahl and unanimously carried
CITY CODE BY A~NDING SECTIONS that this ordinance be continued to the next
9.12.010 AND 9.12.040 THEP, EOF Co%mcil meeting (July 13, 1976) for a report
AND ADDING NEW SECTIONS from the Chief of Police.
9.12.120 THROUGH 9.12.240
RELATING TO THE REMOVAL OF
THE PROHIBITION AGAINST THE
PLAYING OF BINGO BY CERTAIN
PARTIES - FIRST READING
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
17. ORDINANCE NO. 1691 - The Redevelopment Plan for the Town Centre
APPROVING AND ADOPTING TH~ was prepared in accordance with the guide-
REDEVELOPMENT PLAN FOR THE lines as established by the Community Rede-
TOWN CENTRE REDEVELOPMENT velopment Law, Health and Safety Code of the
PROJECT - NO. 1 - SECOND State of California. On June 24, 1976, a
READING AND ADOPTION public hearing was held by the City Council/
Redevelopment Agency (joint meeting) after
which the Council placed the Ordinance
adopting the Redevelopment Plan for the Town
Centre Redevelopment Project on first reading.
Ordinance placed on second It was moved by Councilman Egdahl 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.
The motion carried by the following vote,
to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Cox
Noes: None
Absent: None
Abstain: Mayor Hamilton
18. REPORTS OF THE CITY MANAGER
a. REPORT ON MUNICIPAL HU~ This item was carried forward to this meeting
CARE SERVICES from the meeting of June 29, 1976. In a
report to the Council, the City Manager noted
that since the original submission of the
report on May 2S, 1976, several funding de-
cisions have been made which bear upon the
subject, such as interim funding for Our
House, a contingent allocation for the Del
Rey High School Restaurant Training Program
and augmented support for the Senior Service
Center.
The Human Relations Commission, on June 9,
1976 recommended that the City 1) commence
an evaluation of current City programs; 2)
investigate services available from other
agencies; 3) continue ad hoc decisions on
additional projects and 4) explore coopera-
tive assessments with other jurisdictions.
Motion to accept report It was moved by Mayor Hamilton, seconded
by Councilman Hyde and unanimously carried
that the report be accepted and the recom-
mendations carried out that were made in the
report, to come back to the Council, and to
make recommendations to institute the com-
mittees that will be necessary to carry
out these recommendations.
City Council Meeting -14- July 6, 1976
Request to include Councilman Hyde asked that the motion in-
in motion clude both the staff and Human Relations
Commission's recommendations.
Included in Mayor Hamilton included this in his motion;
motion Councilman Hyde agreed to the second.
Discussion of motion Councilman Egdahl expressed his concern
over the $S0,000 quoted as necessary for
such service assessments realizing it would
be less with a joint powers agreement with
the County and schools.
Assistant City Manager Asmus explained that
the City could conceivably spend this much
if there was no joint venture and people
had to be hired to implement the service.
At this time, it is hoped that the existing
staff can handle it - without having to hire
outside people.
Larry Wittenberg Mr. Wittenberg asked for clarification of
Assistant to City the motion: the assessments discussed in
Manager the report are related but they do not have
to occur at the same time (needs and services
assessments). The services assessment is
a survey of services that are being provided
within and to the citizens of Chula Vista.
A needs assessment is much more complex in
that one must go out to various research
methods to take a census and make some projec-
tions from that.
Councilman Egdahl indicated it would be
logical to start with the services asses-
sment and then move toward needs. The
Council concurred.
b. REPORT ON REDUCTION In a written report to the Council, Assis-
IN DOG LICENSE FEES rant City Manager Asmus referred to Council's
action on June 1, 1976 to 1) research minutes
to determine previous Council actions and 2)
prepare a Code amendment reducing license
fees to 1969 level plus an inflationary
factor. Mr. Asmus submitted the report
of the Director of Finance and recommended
that the Council instruct the staff to pre-
pare an ordinance revision incorporating
the 1969 fees plus inflation factor includ-
ing the current ½ fee provision for spayed
and neutered animals.
Motion for It was moved by Councilman Hyde and seconded
fee schedule by Mayor Hamilton that the present fee
schedule be hbandoned and the following
schedule be substituted:
$ 4.00 for one half year license
7.50 for one year
11.00 for one and one half years
14.00 for two years
and that a reduction of 50% be granted
for those animals that have been either
spayed or neutered.
Discussion of motion Assistant City Manager Asmus estimated this
as a reduction of $10.000 or $12,000 in yearly
fees.
City Council Meeting -15- July 6, 1976
Councilman Cox felt that animal regulation
is a service provided by the City and it
behooves the City to generate enough income to
provide for that service.
Motion failed The motion failed by the following vote,
to-wit:
Ayes: Councilmen Hyde, Hamilton
NOES: Councilmen Cox, Egdahl Hobel
Absent: None
REPORTS OF CITY OFFICERS
19. STATUS REPORT - In a written report to the Council, Community
SAN DIEGO COUNTY Development Director Desrochers explained
HOUSING AUTHORITY that by Resolution No. 7715, the City entered
into an agreement with the County of San Diego
designating the County as the Housing Authority
for the City of Chula Vista. As part of the
Block Grant application process, the City was
required to provide for a housing authority
to administer Section 8 Existing Housing
Assistance Payments Program.
For the first program year allocation of
900 units, Chula Vista has requested SO
and for the second program year of 2,115
housing units, Chula Vista has requested
an allocation of 12S existing units (28 for
elderly, 77 for families of four or less
persons and 20 for large families of five or
more persons).
Report accepted It was moved by Councilman Egdahl, seconded
by Councilman Hyde and unanimously carried
that the report be accepted.
REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS
20. RECON~MENDATIONS CONCERNING At its meeting of June 2, 1976 the Safety
CONTINUED PARKING ALONG Commission studied the feasibility of con-
EAST "H" STREET BY HILLTOP tinued parking along East "H" Street by
HIGH SCHOOL Hilltop High School and made the following
recommendations:
1) That there be no parking on the north
side of East "H" Street from Hilltop
Drive to the egress from 1-80S
2) That there be no parking on the south
side of East "H" Street from Hilltop
Drive to Claire Avenue
$) That staff provide the posting of
necessary signs
Council discussion Council discussed the rationale for no
parking on the north side and the restrictions
for no parking on the south side of the street.
Report accepted It was moved by Councilman Cox, seconded by
Councilman Hyde and unanimously carried that
the recommendations be accepted with the
deletion of No. 2: "that there be no parking
on the south side of Hast "H" Street from
Hilltop Drive to Claire Avenue."
City Council Meeting -16- July 6, 1976
21. RECO~IENDATION TO INITIATE At its meeting of June 2, 1976, the Safety
ACTION FOR THE ESTABLISHMENT Commission recommended that the Council
OF A PEDESTRIAN SIDEWALK - initiate the installation of a pedestrian
HILLTOP VISTA SUBDIVISION. walkway along the Hilltop Vista Subdivision,
the length of Telegraph Canyon Road (with
the School District and the property owners)
for the establishment of a sidewalk between
Hilltop Drive and the west end of Hilltop
Vista Subdivision.
Recommendation accepted It was moved by Councilman Hyde, seconded
by Councilman Hobel and unanimously carried
that the recommendation of the Safety Com-
mission be accepted and request that a
report be brought back on September first
of the staff's progress.
22. RECOb~tENDATION REGARDING THE The Parks & Recreation Commission, at its
REQUEST OF THE CHULA VISTA meeting of June 17, 1976, recommended approval
GARDEN CLUB of the request of the Chula Vista Garden
Club to name the Rose Garden at Rohr Park
as the "Carl Truby Rose Garden."
Recommendation accepted It was moved by Councilman Cox, seconded
by Councilman Hyde and unanimously carried
that the recommendation be accepted.
23. RECOmmENDED ADDITIONS, The Safety Commission submitted several
CHANGES AND DELETIONS changes to the Bicycle Ordinance, namely,
TO TITLE 10 "VEHICLES the definitions of certain no. mes and terms,
AND TRAFFIC" OF THE duties of bicycle dealers and the opera-
MUNICIPAL CODE tion of a bicycle on a sidewalk.
Motion to refer It was moved by Councilman Egdahl, seconded
to staff by Councilman Hobel and unanimously carried
that the recommendations be referred to the
staff for report.
MAYOR'S REPORT
Mayor's car to be Mayor Hamilton commented that now that he is
turned in running for Supervisor, his activities gener-
ated out of the Mayor's office would probably
be considered political. He stated he is
turning in the Mayor's car to City Hall and
requested that the Council consider what
should be done with the Mayor's car (ask for
a staff recommendation). Mayor Hamilton
asked that the Council consider granting him
a car allowance and he will provide his own
transportation.
COUNCIL CO~IENTS
Letter from CALTRANS - Councilman Hyde referred to the letter re-
Route 125 ceived from CALTRANS indicating that Route
125 has been rescinded.
Musical Programs Councilman Hyde noted that the musical pro-
at Library grams at the Library have been scheduled for
Tuesday evenings (Council meeting night).
He suggested the staff look~hto the possi-
bility of scheduling the future programs
for another night.
City Council Meeting -17- July 6, 1976
Vacation request - Councilman Cox asked permission to be absent
Councilman Cox from the Council meetings of August 3, 10 and
17.
Motion to approve It was moved by Councilman Egdahl and seconded
vacation request by Councilman Hobel that permission be granted.
The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Hobel, Hyde, Hamilton
Noes: None
Absent: None
Abstain: Councilman Cox
Tia Juana River Flood Mayor Hamilton mentioned a letter received
Control Channel from the Chamber of Commerce regarding the
Flood Control Channel in the Tia JuanaValley.
The Mayor asked the City Clerk to provide
the same information to the City Council as
she did for him (minutes of past Council
meeting and resolution) so that the Council
can discuss this at the next meeting or a
Council Conference.
LIBRARY WATER EEATURE Councilman Egdahl asked the status of the
water sculpture approved at the last meeting
for the amount of $20,000.
Director of Public Works Robens commented
that the staff is preparing the grant and
will be contacting Julia Moore as recommended
by Mr. Hopkins at the last meeting.
Councilman Egdahl said he asked Congressman
Van Deerlin to write a letter on the City's
behalf and he has agreed to do so.
Landscaped areas In answer to Councilman Hobel's query, Mr.
Robens stated that the contractor has a 90
day guarantee clause in his contract and is
trying to fix up the grassed areas which
were walked over by the people attending the
parade and dedication.
24. WRITTEN CO~fl~UNI CATIONS
a. Requests for appointment The City Council received a list of those
and reappointments of members of boards and commissions seeking
members to boards and reappointment:
commiss ions
(continued on next page)
City Council Meeting -18- July 6, 1976
The Council concurred that they will consider
these reappointments at their adjourned meeting
scheduled for tcmorrow (July 7, 1976).
b. Verified claim for damages - Mr. Silvas filed a claim in the amount of
Robert A. Silvas $101.00 damages to his vehicle backed into
322 Palomar Street by a City fire truck in the parking lot
Chula Vista at Valle Lindo Elementary School, 1500
Oleander Avenue on June 14, 1976.
Claim denied It was moved by Councilman £gdahl, seconded
by Councilman Hyde and unanimously carried
that the claim be denied and referred to the
insurance carrier for investigation.
ADJOURNMENT Mayor Hamilton adjourned the meeting at 1:25
a.m. to the meeting scheduled for Wednesday,
July 7, 1976 at 2:00 p.m.
ity Clerk ~