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