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HomeMy WebLinkAboutcc min 1976/04/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. April 13, 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, Egdahl Councilmen absent: Councilman Hyde Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Chief of Police Winters, Citizens Assistance Officer Smith, Director of Building and Housing Grady, Assistant City Attorney Beam, Administrative Assistant Kesterson 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 by those present that the minutes of the meeting of April 6, 1976 be approved, copies having been sent to each Councilman. 2. a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation honoring the IOWA State of Iowa and members of the audience from Iowa were asked to stand and introduce themselves. Approximately 20 people attended the meeting. Mayor Hamilton commented that this was the largest turn-out so far in honoring the States of the Union. ORAL COMMUNICATIONS Don Painter Mr. Painter expressed concern regarding the fact 920 Beech Street that receipt of the notice by the Bonita Business Chula Vista and P~of~ssional Association of the hearing to be held on the Bonita Miguel project May 6, 1976, did not allow adequate time for any of the organ- izations to review the EIR. The Association has a~ked the County Environmental Planning Department for a delay in the hearing and asked the City Council to join them in asking for a delay so that there is~adequate time for a proper review of the building by Union Oil of 3,300 homes in that area. Councilman Hobel asked Mr. Painter how much time would be needed if Council were to support this request and he suggested perhaps thirty days delay would give the Association sufficient time to be prepared in making a presentation at the hearing. Motion to request delay It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried by those present that the Board of Supervisors be requested to make additional copies of the EIR available to interested citizens or make a copy available at the Library to those interested in reading it, and to ask for a sixty day delay in the hearing date. Councilman Egdahl asked that City Council Meeting -2- April 13, 1976 the following be added to the motion and Mayor Hamilton agreed: "...that from the time the reports become available there be a set number of days be- fore the hearing so that the allotted time will not be spent waiting for copies, making it necessary to request another delay." Joe Raso Mr. Raso commented concerning the fact that in 157 Murray Street several appearances before the City Council, nothing had been accomplished towards repairing the alley behind the restaurant at 373 Third Avenue, Chula Vista. (See Mayor Hamilton's remarks on Page 6 of these minutes). CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried by those present that the Consent Calendar be approved and adopted. 3. RESOLUTION NO. 8121 The complex procedure which sets up the financing DETERMINING THAT THE SOUTH mechanism for the City's share of the South County COUNTY REGIONAL CENTER WILL Complex requires certain procedures to be followed. BENEFIT THE BAYFRONT REDE- The subject resolution will complete the formal VELOPMENT PROJECT resolutions and finalize the process. 4. RESOLUTION NO. 8122 - The City has one traffic signal pole that is ob- DECLARING A CERTAIN solete and no longer used by any city in the San TRAFFIC SIGNAL POLE TO Diego area. In a written report, the Traffic BE OBSOLETE AND TO BE Engineer stated he had been approached by Pro- DISPOSED OF AS A GIFT fessor Reynaldo Izabel, representing Tijuana TO THE TIJUANA SECOND- Secondary Schools, requesting the use of this ARY SCHOOLS obsolete pole in Tijuana. Since this pole does not meet California State standards for the in- stallation of traffic signals, it was recommended that it be made available without charge to the Tijuana Secondary School system. 5. RESOLUTION NO. 8123 - One of the conditions for the approval of Tentative ACCEPTING GRANT OF EASE- Parcel Map No. 18-75 was for the owners to grant MENT FROM JOSEPH, IRENE an easement for street tree purposes along Toyon AND MICHAEL BUSH FOR Lane. On March 30, 1976, Joseph, Irene and Michael STREET TREE PURPOSES Bush granted this easement to the City. 6. RESOLUTION NO. 8124 - One of the conditions for the approval of Tentative ACCEPTING GRANT OF EASE- Parcel Map No. 8-76 was for the owners to grant an MENT FROM GEORGE AND BETTY easement for street tree purposes along "L" Street. DOOLITTLE FOR STREET TREE On March 26, 1976, George and Betty Doolittle PURPOSES granted this easement to the City. (End of Consent Calendar) 7. RESOLUTION - At the meeting of February 3, 1976, staff was ACCEPTING PROPOSAL FOR directed to obtain details of costs of a public PUBLIC INFORMATION PROGRAM information program in connection with the dedi- FOR NEW LIBRARY BUILDING cation and opening of the new library building. AND APPROPROPRIATING FUNDS Requests for proposals were sent to three firms THEREFOR in the area and it was recommended that if Council approves this program, a contract be issued to the low bidder, George Molyneauz. City Council Meeting -3- April 13, 1976 Motion for postponement It was moved by Councilman Egdahl and seconded by Councilman Hobel that this item be postponed until the meeting of April 20, 1976 so that fu~l"Council would be present. Discussion It was suggested by Mayor Hamilton that perhaps the companies who bid on this item could make a report of the types of service which they provided for others, with the end'results, so that Council would have a better idea of what to expect; also he asked that brochures be made available to Council for perusal so they would have a better idea of what they would be buying. Councilman Hobel asked that a rough breakdown of cost be made available at the meeting of April 20, 1976. Councilman Scott commented that he felt this was too much money to be spent for public relations, and that it was unnecessary to hire a public re- lations agency. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hobel, Egdahl Noes: Councilman Scott Absent: Councilman Hyde 8. RESOLUTION NO. 8125 - The Council authorized a comprehensive transit ESTABLISHING A TRANSIT development study and on March 24, 1976, Tom Larwin IMPROVEMENT PROGRAM of Barton-Aschman, Inc. made a presentation of the study report to the Council. Staff analysis of the study report revealed that six major City needs were satisfied and it was recommended that the Council adopt the Transit Development Program pro- posed by Barton-Aschman Associates, Inc. as Chula Vista's Transit Improvement Program. Discussion Councilman Egdahl asked what percentage of the $189,800 in the breakdown expenses would be used for coordinator and staff support. Director of Public Works Robens said approximately $30,000 would be for the Transit Coordinator and inhouse staff support. The balance would be bus drivers' s~taries, adding one route and reducing headways in two routes. The new route will be Route E going down Bonita Road, up to Otay Lakes Road, out to Southwestern College and back; all buses are on 1/2 hour headways. Mr. Robens explained that the idea of a Passenger Service Center at 5th and H Streets has not been presented to the merchants--this is a very tentative site. This is one of the first items which would be taken up by the Transit Coordinator. Councilman Hobel asked staff if they felt that implementation of this program would enhance the chances for Federal funds. Mr. Robens said that in all discussions with CPO and UMTA, it was his conclusion that without a plan which would tie into the Regional Plan, chances for Federal funding would be reduced considerably. City Council Meeting -4- April 13, 1976 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, by those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde 9. ORDINANCE - In the past any alteration or addition to a AMENDING SECTION 15.32.050, building with a permit value of $5,000 or more SUBSECTION B, OF THE CHULA required the undergrounding of utilities; since VISTA MUNICIPAL CODE RELATING construction costs have increased so significantly, TO RESPONSIBILITY OF OWNERS it was determined that the amount of $10,000 was FOR THE UNDERGROUNDING OF more equitable. Single family dwellings on existing UTILITIES - FIRST READING individual lots were deleted from this proposal. Motion to refer to It was moved by Councilman Egdahl, seconded by Board of Appeals Councilman Scott and unanimously ¢~rried by those present to refer this item to the Board of Appeals for recommendation. 10. REPORT OF CITY MANAGER a. Offroad Vehicle Park At the Council meeting of Januan¥ 13, 1976, Mr. Bob Armstrong of the San Diego County Juvenile Traffic Court spoke on the problem of off-road vehicle (ORV) violations and stated that a signi- ficant sum of money was available from the State for ORV uses. It was recommended that Council accept the report and take no luther action pending promulgation of County ORV plan. Motion to accept It was moved by Councilman Hobel, seconded by staff recommendation Councilman Scott and unanimously carried by those present to accept staff's recommendation. b. Complaint from Carl Chief of Police Winters gave a chronological report Fox against Frontier of the complaints received by the Police Department Inn against the Frontier Inn for a period of one year from March 1975. Mr. Winters has no recommendation as to what City Council might be able to do in this case but suggested that the noise level would be considerably decreased at the Frontier Inn if the owners could see fit to install a ventilation sys- tem which would allow the doors to be kept shut during business hours. The Alcoholic Beverage Control Board is aware of the problem and are pro- ceeding along legal lines as far as possible to correct the problem. Opinion of City City Attorney Don Lindberg explained that the City Attorney Council is limited in its jurisdiction over the matter. The Council could, under certain circum- stances, fo~ard the matter to the Court. The Council issues a business license which is strictly a revenue producing vehicle; the City Council does not attempt to regulate these except for police problems. However, complaints have been filed in this instance under the noise ordinance and those matters will be coming before the Court on the 15th; additional complaints which Mr. and Mrs. Fox have insisted on filing will be brought before the Court at a later date. City Council Meeting -5- April 13, 1976 Motion to bring It was moved by Councilman Hobel, seconded by back report Councilman Scott and unanimouslv carried by those present that a report be brought back to Council on this problem in 30 days and that the Council be kept aware of what is going on. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 11. Report on complaint At the meeting of April 6, 1976, Council requested from Carl Fox against a report from the City Attorney on the handling Frontier Inn of the Complaint by Mr. and Mrs. Carl Fox regarding the noise problem at the Frontier Inn at 1073 Third Avenue. Mayor Hamilton explained that Attorney Lindberg's report was given under 10. b. above and action on this item was contained in the motion given in 10. b. 12. Report on Alternate In October 1975, the Safety Commission presented Access to Chula Vista a recommendation to the City Council that the Community Hospital City pursue an agreement with San Diego County to provide easier ingress and egress to the Chula Vista Community Hospital. The City Council di- rected that staff prepare a report concerning the feasibility and cost of providing such access. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried to accept the report. 13. a. Letter regarding In April 1973, the Council approved rezoning 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 to allow a proposed condominium de- Estates velopment of 155 dwelling units with approximately 55% of the property to remain ungraded in its b. Report on proposed sub- natural state. It was recommended that a motion be mission of tentative map adopted indicating that Council was receptive to and development of Bonita considering a development plan on the subject pro- Country Estates Subdivision perty which provides for approximately 46% of the lying south of Rancho 99 acre site in common open space and for a resi- Robinhood Subdivision dential density not to exceed llO dwelling units. Discussion Considerable discussion ensued regarding the amount of grading to be done on these lots and the fact that they do not conform to the provisions of the "H" Modifying District. Councilman Scott said he felt the Council would be setting a precedent if it were to approve the staff recommendation. Mr. Peterson remarked that he feels a gray area exists in this case where there is an uncertainty as to whether or not the Council wishes to impose the Hillside Ordinance and he believes this gray area will exist in all cases where there is a valid tentative map approval but now is coming back to Council for some kind of change. Councilman Scott stated he feels the whole approach contrary to what the Council is attempting ~o accom- plish; it is subverting the intent of the Council and the ordinance to go about it in this way. City Council Meeting -6- April 13, 1976 Mr. Peterson agreed with Councilman Scott's remarks and s~id that in terms of the number of units, it is somewhat of a compromise between what the Hill- side Ordinance would allow and what the Council approved in 1973 under the Condominium Plan. Motion not to approve It was moved by Councilman Scott and seconded by staff recommendation Councilman Egdahl not to approve staff recommenda- tion.* Motion failed The motion failed by the following vote, to-wit: AYES: Councilmen Scott and Egdahl NOES: Councilman Hobel and Mayor Hamilton Absent: Councilman Hyde *Note: This item is to be placed on the Agenda at the meeting of April 20, 1976 when a full Council will be present. 14. Report on a Growth After developing a growth management policy and Management Program hiring a consultant to develop the legal mechanisms for San Diego to implement that policy, the City of San Diego offered to provide a briefing of the consultant's study to Council; it was recommended that a Council Conference be set to discuss the Growth Management Program. Motion for Council It was moved by Councilman Scott, seconded by Conference Councilman Egdahl and unanimously carried by those present that a Council Conference be set for 4:00 p.m., Wednesday, April 28, 1976 to discuss this program. REPORT AND REQUESTS OF CITY BOARDS AND COMMISSIONS 15. Request for Council The Historical Site Board received a request from direction concerning the Department of Public Works requesting input Historical Site Board relative to the'Telegraph Canyon Road Realignment responsibilities and Drainage Channel Project" and the "Modernization of Traffic Signals at Third Avenue and L Street". The Board requested Council direction concerning the responsibilities of the Historical Site Board. Motion to accept staff It was moved by Councilman Hobel, seconded by Mayor recommendation Hamilton and unanimously carried by those present to accept staff recommendation (to respond to request of Director of Public Works; and process future in- quiries under current Ordinance until amendments, if MAYOR'S REPORT any, are acted upon). Trash collection It moved Hamilton, seconded was by Mayor by problem - Joe Raso Councilman Egdahl and unanimously carried by those La Bella Pizza Garden present that staff proceed with the 1911 Act on the 373 Third Avenue Alley behind Raso's and see if they can get 60% of the people to participate in repairing the alle~in which case the repair could be accomplished. Addition to motion Mayor Hamilton included in his motion that Council will agree to the City's participation to the extent of the engineering costs. City Council Meeting -7- April 13, 1976 Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Scott, Hobel, Egdahl Noes: None Absent: Councilman Hyde REQUESTS AND STATEMENTS OF COUNCILMEN Legislative Committee Report Councilman Scott gave a report from the Legislative Committee and commented that the Committee was taking a stand in opposition to the following bills: AB3269, AB3334, AB3672, AB3673 and AB3674. Motion made and carried It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried by those present that the appropriate legislative members of the Legislature and Senate be contacted by letter and oppose all bills as gone through by the Legislative Committee. Rezoned Property - Councilman Egdahl expressed concern regarding some Del Mar and G Street property at the corner of Del Mar and G Street which Council had rezoned to commercial sometime ago because of a proposed medical facility and which property has now been put on the market for sale. Mr. Egdahl commented that Council should have a system set up for followinq up on cases such as this. If the property i$ sold, the zoning may not be correct for the new owner. Motion for report It was moved by Councilman Egdahl, seconded by back to Council Councilman Scott and unanimously carried by those present that staff be directed to look into this matter and bring back a report. 16. WRITTEN COMMUNICATIONS ~. Request for amendment By written,communication dated April 2, 1976, the to escrow agreement American Housing Build requested City Council to to provide assignment amend the escrow agreement with the City of Chula clause - American Vista for the purchase of property at the south~ Housing Guild west corner of Oleander Avenue and Palomar Street so that their position in the escrow could be assigned to another building company with whom they are in escrow for the sale of property con- tiguous to the City parcel mentioned above. Motion for approval It was moved by Councilman Egdahl, seconded by Councilman Scott and unahimously carried by those present that this request be approved. b. Petition for traffic On April 6, 1976, the City Clerk received a petition signal or device at for this request containing 207 signatures. Bonita Road at Allen School Road Motion to bring back It was moved by Mayor Hamilton, seconded by Council- during budget sessions man Egdahl and unanimously carried by those present that this petition be brought back to Council during budget sessions at the time when priorities for signalization are being discussed. City Council Meeting -8- April 13, 1976 c. Request for waiver of By letter dated April 6, 1976, the Chula Vista fees for concession Jaycees requested Council to waive the $12.50 booth at annual Orange permit fee for their annual Orange Crate Derby Crate Derby, April 25, to be held on April 25, 1976. 1976 - Chula Vista Jaycees Motion for approval It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried by those present that this request be approved under the conditions as set up by the policy of the City Council and that the City Manager be directed to implement it. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:30 p.m. to the joint meeting with the Youth Commission on Tuesday, April 20, 1976 beginning at 6:30 p.m. in the Council Conference Room. JENNIE M. FULASZ City Clerk By ~ ~-~Xncil Secretary