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HomeMy WebLinkAboutcc min 1976/04/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday April 20, 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 Scott, Hobel, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Cole, Assistant City Attorney Beam, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Director of Community Development Desrochers 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 Scott, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of April 8 and 13, 1976 be approved, copies having been sent to each Councilman. (Councilman Hyde abstained as he was not present at the last meeting). 2. a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation honoring KANSAS the State of Kansas. The people in the audience from this state were asked to stand and introduce themselves. a. 1. PROCLAMATION OF THE Mayor Hamilton read the Proclamation of the City CITY COUNCIL PROCLAIM- Council proclaiming the week of April 18 through ING APRIL 18 THROUGH April 24, 1976 as National Secretaries Week in APRIL 24, 1976 AS the City of Chula Vista and presented the Pro- NATIONAL SECRETARIES clamation to the City Clerk, Jennie Fulasz. WEEK IN CHULA VISTA b. RESOLUTION NO. 8126 - I, Jennie M. Fulasz, City Clerk of the City of RECITING THE FACT OF THE Chula Vista, California, County of San Diego, GENERAL MUNICIPAL ELECTION State of California, duly authorized by Resolution HELD ON APRIL 13, 1976, No. 8106, adopted by the City Council of said City DECLARING THE RESULT THEREOF on the 6th day of April 1976, do hereby certify AND SUCH OTHER MATTERS AS ARE that I have canvassed the returns of the regular PROVIDED BY THE PROVISIONS OF general municipal election held in said city on THE CHARTER the 13th day of April 1976, and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, the respective offices for which said persons were candidates and for and against the measures were as follows: That the whole number of votes ca~t in the City of Chula Vista and the Chula Vista City School District was 9,884. That the following person was elected to fill the office of Councilman Seat No. 1 for a term of four years: Lauren I. Egdahl That the following two candidates for Councilman Seat No. 2 must face a run-off election on June 8due to the fact that none of the candidates received City Council Meeting -2- April 20, 1976 a majority of votes cast for this Seat and the following received the highest number of votes cast: Gregory R. Cox Newton C. Chaney That the following persons were elected to fill the office of the Board of Education (Chula Vista Elementary School District) for a term of four years: Judith L. Bauer Peter J. Watry, Jr. Joseph D. Cummings That the following propositions were voted upon at said election: PROPOSITION A: An amendment to the Charter of the City of Chula Vista amending Article 3 Section 304 thereof providing for a full-time Mayor and a method for the establishment of the salary for the office of Mayor in accor- dance with the procedure established by State law by an ordinance adooted bv the Citv Council or by a majority vote of the electors voting on the proposition at ~ municipal election. PROPOSITION B: An amendment to the Charter of the City of Chula Vista amending Article 8, Section 803 thereof by repealing and deleting Subsection 5 of Section 803 relating to the probationary period of officers and employees in the Classified service of the City. PROPOSITION C: An amerdment to the Charter of the City of Chula Vista amending Article 8, Section 807 thereof relating to the hearing and appeal requirements for the removal or suspension of employees in the Classified service of the City by repealing and deleting said Section 807. PROPOSITION D: An amendment to the Charter of the City of Chula Vista amending Article 3, Section 308 thereof to authorize City Council to conduct special Council meentings at a suitable place other than the Council Chamber of the City Hall upon proper notice and pro- vided that no decisions be made at said special meeting except that final actions may be taken at joint meetings with other governmental agencies held at a regular place of meeting of such agencies. That as a result of said election, a majority of the qualified voters voting on said Proposition A re- lating to a Charter change did vote against the proposition and therefore it shall be deemed defeated. That as a result of said election, a majority of the qualified voters voting on said Proposition B, C, D did vote in favor thereof, and that said Proposi- tions carried and shall be deemed adopted. City Council Meeting -3- April 20, 1976 That attached hereto and made a part hereof is a list of persons voted for and the propositions and measures voted on, together with the number of votes received in each precinct and the total votes received in the election. I certify that the foregoing statement of results is a full, true and correct statement of the facts of said canvass and of the results of said election, and that as soon as the result was declared, the aforesaid statement was duly entered by me, the City Clerk of the City of Chula Vista, on the records of said City Council. Dated: April 20, 1976 Signed: Jennie M. Fulasz, City Clerk Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde Egdahl, Scott Noes: None Absent: None c. OATH OF OFFICE TO City Clerk Fulasz administered the Oath of Office NEWLY ELECTED to Councilman Lauren I. Egdahl who was re-elected COUNCILMAN to Councilman Seat No. 1 for a four-year period and to Peter Watry and Joseph Cummings elected to the Board of Education. (Mrs. Judith Bauer, re-elected to the Board of Education was not present). ORAL COMMUIIICATIONS Gregory M. Evans Mr. Evans appealed a decision of the Board of lO81 Oleander Avenue Appeals regarding a waiver of the height of the Chula Vista ceiling in his family room (7 ft., 1-1/2 in.). Referred to staff It was moved by Mayor Hamilton, seconded by Council- man Hobel and unanimously carried that this matter be referred to staff to come back as an agenda item for the meeting of April 27, 1976. City Manager Cole commented that he discussed this matter with the Director of Building and Housing and will have a report for the Council next week. Scott asked that the staff check the Councilman procedure for appeals with the Board of Appeals. John Madsen Mr. Madsen discussed Item No. 14 (alley in back of 270 Madrona Street La Bella Pizza Restaurant). He read a letter from Chula Vista the property owners adjacent to the drainage ditch (between "G" and Madrona Streets) in which they stated that paving the alley would be totally unrealistic with little benefit to the property owners and the cost would be prohibitive. Mr. Madsen noted the damage to the drainage ditch through the "~isuse of the ditch" by the owners City Council Meeting -4- April 20, 1976 of the La Bella Pizza cafe stating that they should be made to pay for the repairs. Mr. Madsen asked that the 1911 Act efforts by the City should be dropped completely. Tod Jones Mr. Jones extended an invitation to the Council OUR HOUSE and staff to visit OUR HOUSE during the week of April 26 through May 1. Bruce W. Folmer Mr. Folmer stated his family owns the Frontier Inn 1073 Third Avenue at 1073 Third Avenue. The matter has gone to court Chula Vista and they pleaded innocent. Mr. Folmer remarked that they have cooperated with the Police in every respect and have also tried to work with the complainants, Mr. and Mrs. Fox. Clay l~orud Mr. Morud discussed Item ~lo. 16-d (1) and (2) con- 32 Plymouth Court cerning the zoning problem at Quintard and Tobias. Chula Vista He noted the request made by Margaret Schutte for reconsideration of R-1 zoning adding that the residents are also objectin~ to the Environmental Impact Reports for the area citing school, sewerage, health, traffic and noise problems. 16. d. (1) Request for Council Mayor Hamilton explained that the City Manager has Consideration to re- advised the Council that the rezoning request will zone area at Quintard have a public hearing before the Planning Commission and Tobias Drive from on May 24, 1976 and the petition submitted by the R-3-G-P to R-1 - residents of this area protesting against the con- Margaret E. Schutte sideration for approval of EIR-76-1 for the property at Tobias and Quintard has been referred to staff (2) Petition protesting and a report will be available for the Council against consideration meeting of April 27, 1976. for approval of EIR- 76-1 - Green-Vellinga Projects at Tobias and Quintard It was moved by Councilman Egdahl, seconded by Motion to accept staff's report Councilman Scott and unanimously carried~to accent the report and recommendations of the City ~ana~er 'and the matter of the peti~tion be continued for one week (~o~the meeting of April 27) for a staff repOrt. Mr. Morud's testimony Councilman Hobel asked that Mr. Morud's testimony be made a part of the record and asked Mr. Morud to submit this to the City Clerk. Ellen Halleck Mrs. Halleck showed the Council a set of pictures 402 Westby Street taken of the Westby Street communal household. She Chula Vista asked for a report of these households in the R-1 zone. Mr. Beam, Assistant City Attorney, stated that a court date has been set for the first week in May. RECESS A recess was called at 7:50 p.m. and the meeting reconvened at 8:03 p.m. City Council Meeting -5- April 20, 1976 3. PUBLIC HEARING - This hearing was continued from the Council meeting CONSIDERATION OF APPEAL OF of April 6, 1976 to allow Council to consider a PLANNING COMMISSION APPROVAL seoarate staff report on standards for boarding/ OF A CONDITIONAL USE PERMIT lodging houses. FOR OPERATION OF A BOARDING/ LODGING HOUSE AT 153 BRIGHT- On December 8, 1975, the Planning Commission WOOD approved the applicant's revised plan and con- ditional use permit for a boarding/lodging house for a maximum of 21 persons subject to certain conditions. Director of Planning Peterson submitted a written report detailing the revised plan and recommending that the appeal be denied and the conditional use permit be approved subject to the twelve conditions as delineated in the report. Discussion A general discussion ensued regarding opening the public hearing and taking action on this matter prior to the time the Planning Commission will consider a criteria and standards for "boarding houses". Director of Planning Peterson said it would be his recommendation that the Council act on this matter and set whatever conditions they feel are reasonable. The hearing before the Planning Commission is set for the first meeting in May and may be able to come to Council for its first meeting in June. Public Hearing opened This being the time and place as advertised, the public hearing was opened. Speaking for the appeal Speaking in support of the appeal were: Gene York, 160 Brightwood; Bobbie Morris, 862 Cedar Avenue; Nancy Lawe, 161Brightwood; Ma~tha Rubie, 140 Elder; Hugh Ferguson, 728 Elm; Nancy Ferguson, 728 Elm; Clarence Knight, 117 Jefferson; William Rambur, 325 East James Street; Dave Mills, 162 Bri§htwood. They stated as their reasons: i~uestioned the Plan- ning Department's criteria for allowing 21 persons at this Site - by R-3 standards, it should be 14; 2) questioned the staff's plan depicting a proposal for 7 units on this property; 3) staff's require- ment for 12 parking spaces is wrong - it should be 14 spaces; 4) HUD density requirements; 5) staff did not bring back to Council the standards asked for; 6) what the Council is doing to the R-3 zones not right; 7) Planning Department recommending substandard regulations to allow this use in this zone; 8) no way in which the cars at this site can turn around in their driveway - they must back out onto the street; 9) life style of the people living in communal households discussed; 10) request Council consideration of the moral values; 11) not in the best interest of the community; 12) repre- senting anti-commune organization; 13) why aren't they classified as hotels and why aren't they subject to periodic health and other code inspections; 14) why not require a license to have them operate; 15) not an economic life style as they claim to be; 16) vehicle trips per day would average approximately 91; 17) cannot categorize communes by putting them into "boarding houses"; 18) tife~style threat to the community; 19) staff is taking these plans and "stretching them out of shape'to make them conform. City Council Meeting -6- April 20, 1976 William Cannon, Attorney Mr. Cannon said he is representing the First 303 A Street, San Diego Baptist Church of Chula Vista. He stated that what is being discussed tonight is "discrimination". They, as the appellants, object to the term "boarding house" being used for their extended family household. This is a communal household and should be labeled as such. Mr. Cannon added that what is being discussed is not a boarding house but apartments in an R-$ zone, and how many bedrooms are involved in this use. There is no present requirement for the number of people who occupy a bedroom. Mr. Cannon discussed the proposed ordinance changes for boarding houses (as discussed on April 8, 1976). He cited the requirement regarding parking of not only I space per bedroom but 1 space for each study or den plus 2 spaces per dwelling unit. As to the living space (people per bedroom), what the Planning Department is recommending is something beyond what the Housing Code recommends - this again is dis- crimination and the City is trying to preclude communes from living in the City. A~sistant Cit~ Attorney Beam asked Mr. Cannon if, in fact, his Attorney's questions clients applied for a conditional use permit for a "boarding house". Mr. Cannon submitted that they did and explained that the City Attorney, Mr. Lindberg, felt this new term should be brought up; however, what is being discussed is not a boarding house but a communal household. Attorney Beam declared that it is the recommendation of the Planning Director that the zoning text amend- ment as it relates to this land use be separated from this appeal hearing. There is nothing in the staff report, other than the flexible standards, which is being applied to this particular appeal hearing. Ken Pagard Mr. Pagard explained that the original application 424 Westby was for a community household. The big change has been in the parking (as discussed on April 8) which he stated is an impossible situation. The Planning Commission recommended that the parking be raised to 10 spaces which cannot be put on the lot. Dave Mills Mr. Mills declared that the 153 Brightwood address is a commune with as many as 7 cars parked there and a large banner displayed advertising this fact. Mr. Cannon stated that it was not a communal household - the house is just being rented out and is not part of the church group. Public I~earing closed There being no luther comments, either for or against, the hearing was declared closed. Council discussion The Council discussed the parking requirements for this use; the April 8 meeting in which standards were discussed and referred to the Planning Com- mission for he~ring; definition of a family; provisions of the Code regarding boarding houses/ lodging houses; the appellant's charge that they are not a boarding house but a communal household; EIR which referred to a rooming house; requirements of family living in the R-l, R-2, R-3 zones; appli- cation of a conditional use permit. City Council Meeting -7- April 20, 1976 Councilman Egdahl commented that the applicants for the conditional use permit are willinq to go along with the boarding/lodging house definition but want to be known for what they are - an ex- tended family or communal household. Motion to grant appeal It was moved by Councilman Egdahl and seconded by Councilman Hobel that the appeal be granted at this point. Assistant City Mr. Beam cited the findings of fact that must be Attorney's statements adopted pursuant to the City Code. He suggested that they be discussed and then have the Attorney's Office bring back a resolution for action. Discussion of motion Councilman Scott spoke against the motion indicating that the Council should approve or disapprove based upon the merits of the case of the conditional use permit in the R-3 zone. To approve the motion as stated, Councilman Scott charged, would be giving the appellants ammunition for discrimination of which there is none. Motion withdrawn Councilman Egdahl withdrew his motion. RECESS A recess was called at lO:16 p.m. and the meeting reconvened at 10:35 p.m. Second withdrawn Councilman Hobel withdrew his second to the motion. Motion for continuance It was moved by Councilman Scott and seconded by Councilman Hyde that this item be continued until the Council gets a report back from the Planning Commission on the definition of a boarding house and the criteria specifications which they set flew hearing to be Attorney Beam asked that the City Clerk be given advertised direction to readvertise this hearing and that the Council reopen the hearing at that time. Made a part of motion Councilmar Scott made this a part of the motion; Councilman Hyde agreed to the second. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilto~ Hyde Noes: Councilman Egdahl Absent: None 4. a. PUBLIC HEARING - Councilman Hobel stated he is abstaining from dis- CONSIDERATION OF CHANGE cussion and action on this matter due to a conflict OF ZONE FOR 4.66 ACRES AT of interest - this area lies directly behind his THE NORTHWEST QUADRANT OF property. 1-805 AND EAST "J" STREET FROM P-C TO R-1-H Director of Planning Peterson submitted a plat noting the area in question as a triangular-shaped parcel of property consisting of 4.66 acres with 35~ feet ~ of frontage along East "J" Street. Mr. Peterson explained that the parcel was ori- ginally zoned P-C as part of E1 Rancho del Rey; however, because it is physically separated from the remainder of the P-C zone, located east of 1-805, he felt it better that it be developed separately. City Council Meeting -8- April 20, 1976 On March 22, 1976, the Planning Commission recom- mended approval of the rezoning from P-C to R-1-H in accordance with their findings and conditions [PCZ-75-J(2)] Public Nearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Sam Blick Mr. Blick said he was representing the Gersten Higgs Fletcher and'Mack Construction Company, owners of this property. 707 Broadway, San Diego He declared that the zoning, as proposed by the staff, would result in 90% of the land being undevelopable. He asked that the Council be very careful in zoning property where it has such a confiscatory result. Mr. Blick asked that the area remain in the P-C zone. Public Hearing closed There being no further comments, either for or against, the hearing was closed. Council discussion Councilman Scott discussed the appropriateness of leaving the property in the P-C and at a later time, consider it a part of an open space project due to its steep topography.. Councilman Hyde declared that the property was a classic example of the "H" designator. EIR Certified It was moved by Councilman Scott and seconded by Councilman Hyde that the EIR be certified. Motion carried Motion carried by the following vote~ to-wit: AYES: Councilmen Scott, Hamilton~ ~yde, Egdahl Noes: None Abstain: Councilman Hobel Absent: ~lone b. ORDINANCE NO. - It was moved by Councilman Hyde that this ordinance AMENDING ZONING MAPS be placed on its first reading and that the reading ESTABLISHED BY SECTION of the text be waived by unanimous consent. 19.18.010 OF THE CITY CODE REZONING THAT CERTAIN PROPERTY LO- CATED AT THE NORTHWEST QUANDRANT OF 1-805 AND EAST "J" STREET FROM P-C TO R-1-H FIRST READING Motion failed Motion failed by the following vote, to-wit: Ayes: Councilman Hyde NOES: Councilman Scott, Hamilton, Egdahl Abstain: Councilman Hobel S. a. PUBLIC HEARING - At the meeting of February 3, 1976, the Council CONSIDERATION OF A~[NDMENT referred to the PlanninFi Commission the advisability TO ESTABLISH R-3-L ZONE of establishing an R-3 district which would limit (LO!~ DENSITY ~ULTIPLE th6'residential density to one dwelling unit per FAMILY RESIDENTIAL) 3,500 square feet of land. On ~arch 22, 1976, the Planning Commission recommended approval of the adoption of amendments to the !~unicipal Code for the establishment of the R-3-L zone permitting one unit per 3,5~0 square feet. City Council Meeting -9- April 20, 1975 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. Negative Declaration It was moved by Councilman Scott, seconded by Certified Councilman Egdahl and unanimously carried that the Council finds, in accordance with the Negative Declaration on IS-76-14 and the findings therein, that the proposed zone text amendment will not have any significaht impact upon the environment and thereby certifies that the Negative Declaration has been prepared in accordance with CEQA 1970, as amended. b. ORDINANCE NO. 1682 - It was moved by Councilman E~dahl that this AMENDING SECTIONS 19.28.06g, ordinance be placed on its first reading and 19.28.079 AND 19.28.090 OF that the reading of the text be waived by THE CHULA VISTA iIUitiCIPAL unanimous consent. CODE TO ADD R-3-L (LOW DENSITY MULTIPLE FAMILY RESIDEHTIAL ZONE) - FIRST READING Motion carried Motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, ~lamilton, Hyde Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 8127 - On March 23, 1976, the City Council (Resolution ACCEPTING, DEDICATING AND No. 8097) authorized the commencement of condem- NAMING CERTAIN REAL PROPERTY nation proceedings to acquire 103 square feet of IN SAID CITY FOR STREET A~tD right-of-way from Russell J. and Joyce R. Taylor HIGHWAY PURPOSES LOCATED AT at the northeast corner of Third Avenue and "J" TNE NORTHEAST CORNER OF THIRD Street. The property owners met with the City AVENUE AND "J" STREET Attorney and staff and on April 9, 1976, executed a grant deed granting the City the 103 square feet of right-of-way. It was recommended that the parcel be dedicated and named "J" Street. 7. RESOLUTION NO. 8128 - On November 25, 1975, Dale Building Company ACCEPTING GRANT OF EASEMENT executed a grant of easement for drainage purposes FRO~ DALE BUILDING COMPANY adjacent to I~acion Avenue. The easement is ten FOR DRAINAGE PURPOSES feet in width and lies uithin their property east of Nacion Avenue. A 24 inch storm drain pipe is to be constructed within this easement in con- junction with the installation of public improvements for Hilltop Vista Subdivision. 8. a. RESOLUTION NO. 8129 - The developers (Shattuck Construction Company) have APPROVING AGREEMENT FOR paid all required fees, posted all necessary bonds THE COMPLETIOrl OF I~PROVE- and have executed the Subdivision Improvement Agree- MENTS I!~ SOUTH BAY VILLAS ment for the installation of the public inprovements SUBDIVISION within the South Bay Villas Subdivision. City Council Meeting -10- April 20, 1976 8. b. RESOLUTION NO. 8130 - The final map for South Bay Villas Subdivision has APPROVIIIG MAP OF SOUTH been checked by the Engineering Division and found BAY VILLAS ACCEPTING THE to be in conformity with the tentative map approved PUBLIC STREETS DEDICATED by the City Council on November 12, 1974 by Reso- ON SAID MAP AND ACCEPTING lution No. 7523. THE EASE~IENTS GRANTED ON SAID MAP WITHIN SAID SUB- DIVISION (End of Consent Calendar) 9. RESOLUTION ~t0. The following bids were submitted for a public ACCEPTING PROPOSAL FOR information program in connection with the dedi- PUBLIC INFORMATION PRO- cation and opening of the new library building: GRAM FOR NEW LIBRARY BUILDING AND APPRO- George ~olyneaux $6,359 PRIATING FUNDS THEREFOR Scripps & Associates $7,500 Knoth ~leads Company $7,870 It was recommended that the contract be awarded to George Molyneaux. Council discussion Council questioned whether staff came up with any estimates of having the brochure done "in-house". City Manager commented that this was not done. Resolution filed It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the resolution be filed. Motion for staff proposal It was moved by Councilman Hyde, seconded by Council- man Scott and unanimously carried that the staff be requested to submit a proposal for publicity based upon "in-house" efforts, along with an appropriate budget. Joseph Scannicchio Mr. Scannicchio declared that none of the business- Chamber of Commerce men in Chula Vista who do this type of work were asked to submit bids, nor was the Chamber approached. He asked that, in the future, the Council direct the staff to contact these people. 10. a. RESOLUTION NO. 8131 - Bids for the construction of Mueller School Neighbor- APPROVING TRANSFER OF hood Park were received on March 25, 1976 with the FUNDS FROM UNAPPROPRIATED lowest bid submitted by Walt's Blacktop and Pavin~ FUNDS TO THE MUELLER SCHOOL in the amount of $61,062.00. Due to the low bidder's PARK BLOCK GRANT ACCOUNT lack of proper licensing, the Director of Community Development recommended that the contract be awarded to the second lowest bidder,T.B. Penick and Son, in the amount of $65,429.70. It was further recommended that the necessary addi- tional fundin~ required be transferred from the Community Development Block Grant Dark account, as follows: $~1,500 to be transferred to Account 24-1740-5569-BG-~ from 24-1740-5202-BG-14 $1,300 24-1740-5288-BG-15 700 24-1740-5569-BG-13 5,000 24-1740-5298-BG-12 1,500 24-1740-5211-BG~ 9 10,750 24-1740-5288-BG-16 2,250 City Council Meeting -ll- April 20, 1976 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 I{yde, Egdahl, Scott Hobel, Hamilton Noes: None Absent: None b. RESOLUTION NO. 8132 - The following bids were received on March 25, 1976: ACCEPTING BIDS AND AWARDING CONTRACT FOR Walt's Blacktop & Paving, Bonita $61,062.00 MUELLER NEIGHBORHOOD T.B. Penick 5 Sons, Inc. San Diego 65,429.70 PARK Landscape Irrigation Specialist, Inc., 66,583.75 E1 Cajon Valley Crest Landscape, Inc., San Dieqo 69,680.81 Roczey Grading & Demolition, Inc., 69,733.50 E1 Cajon It was recommended that T. B. Penick & Sons, Inc., the second lowest bidder, be awarded the contract for the construction of this project. The low bidder, Walt's Blacktop & Paving does not have a valid General Engineering Contractor license. Gerald Bendickson Mr. Bendickson stated he was the attorney representing 349 Third Avenue Mr. Self of Walt's Blacktop & Pavina. After the bids Chula Vista were opened, Mr. Self went to Mr. R~bens and it was understood that if Mr. Self got the "A" license, there would be no problem. Through a joint venture, Mr. Self went out and got this "A" license. A call was made to Sacramento by the Engineering Department and this was confirmed. The name under which he has the "A" license is "~alt's Blacktop and Paving". Wayne Myers Mr. Myers declared that the standard specifications Vice-President called for an appropriate license and Walt's did not T. B. Penick meet that requirement at bid time. He has since 864 34th Street obtained an "after-the-fact" license with another San Diego party; this is a different bidder other than the original one. Mr. Myers added that he checked with the State Licensing Board and was told that a joint venture license was issued to "Walt's Blacktop and Paving and John W. Haynes" on April 13, 1976 - 19 days after the bid opening. Motion to accept It was moved by Councilman Egdahl and seconded by staff recommendations Councilman Hyde that the staff recommendation be accepted in the belief that any other action would be a compromise of the basic bid process. Motion carried The motion carried by the following vote, to-wit: AYES: Councilman Egdahl, Hamilton, Hyde Noes: Councilman Scott, Hobel Absent: None Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hamilton Hyde Noes: Councilmen Scott, Hobel Absent: None City Council Meeting -12- April 20, 1976 ll. RESOLUTION NO. 8133 - The Environmental Review Committee has recommended AMENDING THE ENVIRONMENTAL that the Council adopt amendments to the Environ- REVIEW POLICY REGARDING mental Review Policy deleting the City Manager and INITIAL STUDIES City Attorney from the Environmental Review Committeq adding the Director of Building and Housing and changing the type and time of noti- fication of Initial Studies and Negative Declarations. Resolution offered Offered by Councilman Egdahl, the reading Qf the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None 12. ORDINANCE NO. - At the meeting of April 6, 1976, the Council filed AMENDING ZONING MAP an ordinance to rezone an area east of 1-805 from REZONING THAT CERTAIN P-C to R-1-H and directed that an interim ordinance PROPERTY EAST OF 1-805 be brought back applying the "H" Modifying District AND PREZONING PROPERTY to the existing P-C zoned areas. LOCATED IN THE UNIN- CORPORATED TERRITORY EAST OF 1-805 PURSUANT TO SECTION 19.12.140 AS AN URGENCY MEASURE ON AN INTERIM BASIS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 19.12.130 REZONING AND PREZONING SUCH PROPER- TIES BY ADDING THERETO THE "H" MODIFYING DISTRICT - FIRST READ- ING AND ADOPTION Interim Ordinance~laced on It was moved by Councilman Scott that thSs interim first reading and adopted ordinance be placed on first reading and adopted as an urgency measure and that the reading of the text be waived by unanimous consent. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilman Scott, Hyde NOES: Councilman Hobel, Hamilton, Egdahl Absent: None Motion for staff It was moved by CouncilmanlHyde, seconded by Mayor direction Hamilton and unanimously carried that the staff be directed to examine those areas in the zone, east of 1-805 and bring back to the City Council a proposal for the application of the "H" zone to those particular hillsides and canyons which, in their opinion, merit the application of the "H" category to them. This is to be done by the last meeting in May unless a report is received that it is not possible to do so. 13. REPORTS OF CITY MANAGER a. Report on OUR HOUSE City Manager Cole submitted the letter from OUR grant proposals: HOUSE which described two programs they are seeking 1) Youth Service Network to implement. Funding in the amount of $7,555 is and 2) Juvenile Diversion being requested from the California Youth Authority Project for a Youth Service Iletwork and $50,650 in support City Council Meeting -13- April 20, 1976 of a Juvenile Diversion Project is being requested from the County Probation Department. Motion to It was moved by Councilman Scott, seconded by accept report Mayor Hamilton and unanimously carried that the report be accepted. b. "It" Modifying City Manager Cole referred to the last motion District motion indicating that the staff and Council both have different ideas about saving the canyons. Hr. Cole suggested a field trip to view these areas. Motion for field trip It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that a field trip be arranged as soon as possible. c. Tiffany Park City Manager Cole asked how many members of the Dedication Council will be at the dedication on April 27. Four of the Councilmen indicated they would attend. d. Banita Miguel Action City Manager Cole referred to the action of the Council at the last meeting concerning a request for a 60-day continuance on the Bonita lliguel hearing on the Environmental Impact Report (until the document was made available). ~r. Cole stated that he has a document. The first hearing is ~ay 6 which will be before the Environmental Review Board. The main hearing, before the Planning Commission will be on June 25 with the final action on September 22, 1976. Motion for It was moved by Councilman Egdahl, seconded staff instruction by Councilman Scott and unanimously carried that the staff be directed to request one more copy of the Environmental Impact Report and make that available to the Bonita Business and Professional Group and, in addition, the staff be instructed to appear at the May 6 EIR review to testify at the hearing. e. Air Quality Team City Manager Cole reported that the San Diego Air Presentation Quality Team would like to make a one-hour presenta- tion before Council. Mayor Hamilton asked the City Manager to inform the Quality Team (Mr. Taylor) that they will be able to give a 15-minute presentation on April 27. f. Action of Board of City Hanager Cole reported that the Board of Super- Supervisors regarding visors today passed Phase I of Wilsey & Ham's South Bay Regional presentation authorizing them to proceed with facility Phase II. They are including 20,000 square feet for Welfare out of the total 400,gO0 square feet. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. Report on proposed 1911 Director of Public Works Robens reported that the Act - alley east of Third Raso property does not have legal access to the alley Avenue, south of Madrona which makes the spread of assessments to them for Avenue the alley improvement rather dubious. City Council Meeting -14- April 2g, 1976 Mr. Robens discussed the 1911 Act improvement procedure indicating it would take approximately one year to get the alley constructed. He added that it should not be an alley but be dedicated as a drainage way. Most of the property owners cannot take access off the back of this drainage way without extreme cost. Motion for report It was moved by Councilman Hyde, seconded by to Raso Councilman Hobel and unanimously carried that l) Mr. Raso be advised that the Council will not proceed any further with a 1911 Act proceedings on this property and 2) that the Council is willing to consider some scheme for providing for trash collection service operating out of the Parking District parking lot behind the Raso property, if the details can be worked out satisfactorily. MAYOR'S REPORT 15. a. Letter regarding In April 1973, the Council approved rezoning of alternate design approximately 99 acres of land located on the west consideration of side of Otay Lakes Road, 1/4 mile south of Allen Bonita Country School Lane, from R-E-20 and R-E-40 to R-E-P. Estates ~ezoning was established to allow a condominium development of 155 dwelling units with approximately b. Report on proposed sub- 55% of the property to remain ungraded in its mission of tentative natural state. Since approval of the original map and development of concept, a revised map was approved calling for Bonita Country Estates additional grading, leaving 50% of the area in Subdivision lying south its natural state. of Rancho Robinhood Subdivision Motion for It was moved by Councilman Egdahl, seconded by reconsideration Councilman Scott and unanimously carried that this item be reconsidered at this time. Mayor Hamilton explained that the applicant is not asking for approval of the tentative map - he is asking he be allowed to work with staff in reducing the number of units from the Planned Unit develop- ment (155 to llO) and to proceed with the development of this area without having to ~o back for a re- zoning for the Hillside Modifying District. Discussion of item A general discussion followed regarding the merits of Council's action in this regard as it would amount to a pre-approval of the concept. Councilman Scott remarked that this has to have a public hearing and nothing said tonight could be binding on the Council. Motion to accept It was moved by Councilman Hobel, seconded staff recommenda'~ion Councilman Egdahl and unanimously carried that the Council is receptive to considering a develop- ment plan on the subject property which while not conforming to the provisions of the "H" Modifying District, does provide for apprcximately 46% of the 99 acre site in common open space and for a residential density not to exceed llO dwelling units (staff's recommendation). City Council Meeting -15- April 20, 1976 COUNCIL CO~4MENTS SERRA SYSTEM Councilman Scott discussed the system under which anyone in the County can come in and utilize the City's library without charge. These people can come into the library, sign a card, and the staff sends this request to the County. Mayor Hamilton questioned having a .joint powers agreement with the County. Councilman Scott felt this should be explored whereby the County would share the expense of the new library since it will become a regional library. ~iotion for consideration It was moved by Councilman Scott, seconded by of withdrawing from Serra Councilman Hyde and unanimously carried that System the Council consider withdrawing from the Serra System and the staff be asked to indicate the reasons pro and con. COUNCIL PACKETS Councilman Scott discussed the number of complete Council packets prepared by the City Clerk and distributed each Friday noting the high cost of this service. City Clerk Fulasz reported that 17 packets are made up - 11 of which are complete packets. Motion for direction It was moved by Councilman Egdahl and seconded by of packets Councilman Hyde that the expanded agenda be avail- able to everyone on this list in place of all of the material, except for the library with a note that the whole packet is available in the library, and that no longer a complete packet be supplied to everyone on the list. Only a complete packet is to be made up for the Council, City Manager, City Attorney and Clerk. Councilman Hyde asked that the press be given a complete packet. 14otion withdrawn Councilman Egdahl withdrew his motion, Councilman Hyde agreed to the second. Motion for City It was moved by Councilman Hyde, seconded by Clerk's recommendation Councilman Scott and unanimously carried that the City Clerk make a recommendation as to a modifi- cation of the list, as she feels appropriate. COUNCIL CONFERENCE ATTENDANCE Councilman Itobel indicated may not present he be at the Council Conference scheduled for 3:00 p.m. on April 21, 1976. COUNCIL PACKETS FOR It was moved by Councilman Hyde, seconded by TWO CANDIDATES Councilman Scott and unanimously carried that a full Council packet be provided for the two candidates for Council - Mr. Cox and Mr. Chaney. Councilman Hobel asked that an invitation be ex- tended to the candidates to sit with the Council during budget sessions. City Council Meeting -16- April 20, 1976 Included in motion Councilman ~yde included this in his motion. CO~IMUNAL NOUSEHOLD Councilman Hyde questioned what has been done as ON CASSELMAN STREET to the compliance of the conditions imposed for this approval. Director of Planning Peterson discussed the church's plans in this regard. Motion for setting It was moved by Councilman Hyde, seconded by time limit Councilman Egdahl and unanimously carried that 1) the communal household on Casselman Street (parties involved) be given ~ntil June 1, 1976 to comply with the conditions as set forth in the conditional use permit and that 2) the City Attorney's Office be directed to initiate proceedings declaring the household a public nuisance immediately so that the two matters could contract together in the event that no action is completed by June 1. By this motion, the Attorney is to set the public hearing for declaration of public nuisance immediately - at the next Council meeting. ELECTION OF VICE MAYOR Councilman Egdahl asked when the election of Vice Mayor will be put on the agenda. (See page 17 for motion) Councilman Scott suggested it be set in June, rather than April, based on the fact that there may be run-off elections in June. 16. ¼RITTEN CO~MUNICATIONS a. Verified claim for damages Mr. Hepp filed a verified claim for damages in the Del Hepp, dba Del Hepp amount of $6,039.60 for "labor, materials and &Son, Inc., 240 Woodlawn, equipment furnished for ditch patching (grading Suite 5, Chula Vista and paving) in the area of First and Flower Street~' as of November 21, 1975. Claim rejected It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the claim be rejected. b. Verified claim for damages Ms. Butler filed a claim in the amount of $200.g0 Ruth Y. Butler for an injury she sustained to her right foot as 1236 12th Street a result of stepping on a lump of tar in the road Imperial Beach, CA 92032 at Third Avenue near Park Avenue on March 13, 1976. Claim denied It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the claim be denied and referred to the insurance carrier for investigation. c. Request from American The Chula Vista Branch of the American Cancer Cancer Society for waiver Society is sponsoring a golf tournament on of greens fees for Golf October 29, 1976 at the Chula Vista Municipal Tournament Golf Course. They requested a waiver of the greens fees. City Council Meeting -17- April 20, 1976 Mary T. Hayes Mrs. Hayes discussed the benefits that Chula 1547 -215 Sonora Drive Vista receives from the American Cancer Society Chula Vista and asked favorable consideration of the request. Councilman Hyde noted the Council's policy regarding the waiver of fees. Motion for City Manager It was moved by Mayor Hamilton, seconded by to meet with Cancer Society Councilman Hobel and unanimously carried that the American Cancer Society work with the City Manager to come to some arrangement whereby they can use the golf course and it will be satisfactory to both parties. Request for rezoning (See page 4 of the minutes) area at Quintard Street and Tobias Drive MOTION FOR VICE-MAYOR ELECTION It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that as an established procedure, the election of a new Vice-Mayor be s~heduled on the first of July. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:47 a.m. to the Council Conference (adjourned regular meeting) scheduled for April 21, 1976 at 3:00 p.m. nie l~ulasz, City C~erk ~