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HomeMy WebLinkAboutcc min 1976/01/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 13, 1976 A regular meeting of the City Council 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, City Attorney Lindberg, City Manager Assistant Asmus, Director of Public Works Robens, Director of Planning Peterson, Director of Parks and Recreation Hall The pledge of allegiance to the Flag was led by Mayor Pro Tempore Scott followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried by those present that the minutes of the meeting of January 6, 1976, be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Ail States Program - Mayor Pro Tempore Scott read the Proclamation Proclamation honoring honoring the states of Alaska and Arkansas in states of Alaska and this Bicentennial Year. Arkansas The people in the audience from these states introduced themselves to the Council. (1) Proclamation - Mayor Pro Tempore Scott read a Proclamation Martin Luther King Day declaring January 15, 1976 as Martin Luther King Day. (Mayor Hamilton arrived at this time) b. Proclamation - Mayor Hamilton read the Proclamation in which YMCA Week he proclaimed the week of January 25 to February 1, 1976 as "YMCA Week" in the City of Chula Vista. Mr. Chuck Boucher and Melvin Cowherd accepted the Proclamation. ORAL COMMUNICATIONS Bob Armstrong Mr. Armstrong discussed with the Council the San Diego County procedure for citing off-road vehicle violations. Juvenile Traffic Court For the first violation, an officer will give the juvenile a warning. The second time, the juvenile will be cited and the juvenile must appear with his parents thereby making a demand on the parentS' time. By this method they hope to accomplish the fact that the parents will take steps to correct this problem at home. Mr. Armstrong supported this procedure. Ne added that there is a tremendous amount of money in Sacramento collected from off-highway vehicle registration. He would find it grati- fying if Chula Vista would be the first city to make application for those funds to provide an City Council Meeting -2- January 13, 1976 area for this recreational use. The State would pay 75% of the cost and the City would have to pay 25%. The Council commented that the County Board of Supervisors is considering a 12,000 acre off-road vehicle park, and the fact that Chula Vista does not have an area available for this use. Newt Chaney Mr. Chaney presented a petition with 97 signatures 292 Sea Vale Street opposing the plan of the development of 3.54 acres Chula Vista located on the easterly side of Third Avenue and 140' north of "D" Street. The plan calls for 63 units and 112 parking spaces. Mr. Chaney stated that this is too high a density to place on this 3.54 acres and would devaluate the properties in the area. He asked that the Council disapprove this project and down-zone the property to R-1. If this is not possible, then the Council should place a moratorium on the project and refer the plan to the Planning staff and Commission for "fresh assessment." Mr. Chaney also asked that the City institute a plan whereby vacant land is reassessed on a periodic basis. City Attorney's opinion Mr. Lindberg explained that the property has been in the R-3 zone since 1967 and available for that type of development whereby there would be no necessity for Planning Commission or Council hearings. Council discussion Council discussed the fact that land is not zoned for a specific purpose whereby in one year's time it would have to come back to Council to be reassessed; designation of the area in the General Plan; inverse condemnation of the area in question for park purposes; and the status of the project. Mr. Peterson, Director of Planning, stated that the applicant has filed for his initial study; the Environmental Review Committee has filed a Negative Declaration; staff is in process of talking to the developer; he has not filed his building permit. Motion for moratorium It was moved by Councilman Egdahl and seconded by Councilman Hyde that the Council does, in fact, have a moratorium to allow time for ample discussion of whether or not this is, at this time, proper zoning in this area. Discussion of motion Councilman Scott noted that the General Plan is reviewed on an annual basis. When land is zoned and a person formulates his plans for development and gets financing, it is unfair for the Council to reevaluate this - the property owner's rights should be considered. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hyde NOES: Councilmen Scott, Hobel, Hamilton Absent: None Don Ritchey~ Mr. Ritchey said he was representing the Parking 92 "F" Street Pla~e commission. At today's meeting, they discussed the request of Mr. Albert Boyer (item City Council Meeting -4- January la, 1976 William Rambur Mr. Rambur said he was going to speak on 325 East James Street community households in general but it will Chula Vista carry over into the specific households under discussion tonight. Mr. Rambur stated that during the past several months, the question of communal households has been compounded in three ways: (1) the term "religious" has been arbitrarily attached to communes; (2) "we" have accepted select definitions of terms to fit their particular situation; (3) "we" have compared these communes to some accepted or established "best-fit" condition rejecting any adverse comparison. The term "we" refers not only to the people here tonight, not only the people in Chula Vista, but people in other cities throughout the world. Mr. Rambur then went on to discuss in d~tail the three points. Remarks not to be made a City Attorney Lindberg objected to the testimony part of the public record of Mr. Rambur stating that he was engaging in argumentation relative to the question of the issuance of the conditional use permit (153 Brightwood). He asked that the statements made are not to be considered by the Council as testimony of the public record at the hearing which is to follow. Recess A recess was called at 8:15 p.m. and the meeting reconvened at 8:22 p.m. PUBLIC HEARINGS AND RELATED ORDINANCES 3. PUBLIC HEARING - It was moved by Councilman Scott, seconded by APPEAL OF PLANNING COMMISSION Councilman Hyde and unanimously carried that APPROVAL OF CONDITIONAL all the letters received be made a part of the USE PERMIT FOR OPERATION public hearing. The letters submitted to OF BOARDING HOUSE AT the Council were from Lois H. Mills, 169 153 BRIGHTWOOD AVENUE Brightwood Avenue; David H. Mills, 169 Bright- wood Avenue; Mrs. C. H. Farris, 189 Brightwood Avenue; Mrs. Barbara Roduner, Bellflower, California; Mary Seifert; Sandie Cummings. Explanation of item The Director of Planning referred to his written report to the Council in which he explained that on November 25, 1975, the Council filed a previous appeal on this item since the applicant had withdrawn his approved plans and submitted a revised plan to the Planning Commission which was approved on December 8, 1975. The new plan proposes one 7-bedroom house for 21 persons instead of two houses for 24 persons as approved earlier. The appellants are requesting that the City Council reverse the decision of the Planning Commission. In his written report, Mr. Peterson detailed the applicant's revised plans concurring with the recommendation of the Planning Commission and asking the Council to certify Initial Study IS-75-63 and the Negative Declaration as determined by the Environmental Review Committee. Mr. Peterson referred to the Council's action on the communal household on Casselman Street at the previous meeting indicating there might be an issue concerning the number of bedrooms and offstreet parking spaces required. The City Council Meeting -5- January 13, 1976 applicant's floor plan has seven bedrooms and seven offstreet parking spaces; however, the floor plan also includes a room designated as a study. If Council considers this as a bedroom, the applicant would be obligated to provide another offstreet parking space. Boarding House Concept Councilman Hobel referred to the findings in the Planning Commission resolution whereby they state that "the boarding house concept enables persons to combine incomes and other assets and resources into a more economical lifestyle." Councilman Hobel declared that this was con- trary to what the Municipal Code defines as a boarding house. Mr. Peterson and the Council discussed the term "boarding house" as it applied to community households and specifically as it related to "combined incomes." Discussion ensued on off- street parking requirements; the square footage per person; licensing of boarding houses; and health and safety Code requirements. Motion of guidelines It was moved by Councilman Hobel and seconded by and regulations Councilman Scott that this matter be sent back to the Planning Department for the development of specific guidelines and regulations in regard to boarding houses. Discussion of motion The Director of Planning defined the requirements in the Zoning Ordinance relating to offstreet parking and the Housing Code as it applied to residences. The Mayor indicated that both "communal households" and "boarding houses" should be brought into focus so that the Council will know what they are talking about. Councilman Hyde agreed that there should be a precise definition of a boarding house category in the Code. Councilman Egdahl added that the laws should be precisely defined so that there is no misunderstanding as to the actions of the City Council. Motion carried The motion to refer the matter to the staff for regulations regarding boarding houses carried Unanimously. Motion to continue It was moved by Councilman Hobel and seconded public hearing by Councilman Hyde that the public hearing be Continued for 120 days (May 11, 1976). Discussion of motion In answer to the Council's questions, Mr. Peterson stated that it would take approximately 75 days to 4 months to go through the procedure of getting an amendment to the Zoning Ordinance relative to the criteria for boarding houses. Change of motion Councilman Hyde suggested the time certain be to 90 days 90 days. If the information required is not ready, the Council can continue the matter. Councilman Hobel stated he would change his motion to 90 days. William Cannon Mr. Cannon remarked that they are facing an Attorney, First Baptist Church abatement suit by the City with "no place to go." Stickney Ortlieb If the Council is going to delay the public Moats & Burn hearing, then he would request that the Council 303 "A" Street also d~%my any process for abatement of any of San Diego the houses declared to be public nuisances. City Council Meeting -6- January 13, 1976 Mayor Hamilton asked Mr. Cannon to identify the household he is talking about. Mr. Cannon said it was the house at Westby Street. Clerk's Comment City Clerk Fulasz noted that the 90-day period would schedule the public hearing on April 13 - the day of the Municipal Election. Change of motion to Councilman Hobel stated he would change his date certain motion to state a date certain - the meeting of March 23. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the time certain be 60 days or to the Council meeting that is approximately 60 days from this date (meeting of March 16, 1976). Clarification of motion Mr. Gene York, one of the appellants, asked what would happen if the staff determined that this household was not a "boarding house" and some other definition was ~ore appropriately applied. He asked if the staff could be given the direction to come up with standards for that definition as well so it would save some time. City Attorney indicated this was covered in the motion. Councilman Hobel explained his motion was to direct that regulations and criteria be developed for boarding houses. When the staff develops that, it will be their recommendation as to whether or not this conditional use permit fits the boarding house classification. Recess A recess was called a 9:08 p.m. and the meeting reconvened at 9:20 p.m. 4. a. PUBLIC HEARING - This item was rescheduled from the meetings of CONSIDERATION OF ADDING November 25 and December 16 to permit a re- "P" PRECISE PLAN MODIFYING advertising of the issue since two Councilmen DISTRICT TO VARIOUS PROP- were not present to hear the testimony offered ERTIES AT INTERCHANGE OF at the November 25 meeting. I-5 AND "E" STREET The proposal is that 14.28 acres of property including 2.84 acres of railroad right-of-way be rezoned from C-V to C-V-P (12.75 acres) and R-3 (1.53 acres). A detailed written report was submitted to the Council by the Director of Planning in which he analyzed the staff-initiated zone changes. On October 27, 1975, the Planning Commission recommended approval of the rezoning and cer- tification of the Negative Declaration IS-75-45. New hearing Mayor Hamilton noted that this is not a continued hearing. It has been readvertised as a new hearing. City Clerk Fulasz testified that notices were sent to all the property owners. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Christopher Neils, Attorney Mr. Neils stated he is representing the estate Grey, Cary, Ames and Frye of Ruth Palmer, owner of approximately 7.5 acres City Council ~eetin~ -7- January 13, 1976 in the northeast quadrant of I-5 and "E" Street. They have no objection to the rezoning of R-3 but do object to adding the "P" to the C-V zone. Mr. Neils stated that they must sell the property for inheritance taxes and administrative ex- penses and do have a buyer - Black Angus. The imposition of the extra requirement will be a detriment to the marketability of the plan. Mr. Neils asked that the "P" requirement not be imposed on this 6-acre parcel. It was noted that a letter from the Visitor and Convention Bureau was received requesting that the property at 750 "E" Street not be rezoned toC-V-P. Sid Morris Mr. Morris stated this was just a means of having 862 Cedar Street individuals' rights erode away through well- meaning groups such as Councils and Congress. He indicated it was not necessary to give the Planning and Building Departments additional power over the people who are willing to invest their money in Chula Vista. Public hearing closed There being no further co~m~ents, either for or against, the hearing was declared closed. Skeletal Plan Mr. Peterson, in answer to the Council's questions, stated that the Black Angus would have been required to come up with a skeletal plan for the rest of the property; however, in discussions with them, they agreed to relocate their curb cuts so that it would be on their westerly property line and would serve as a joint access for the rest of the property. If this is done, no development problems would be created on the property adjacent to the west and therefore, no skeletal plan would be required for the balance of the property. Council discussion Discussion followed regarding skeletal plan for the area to the south; support of the "P" zone, and multiple ownership of properties under this zone. Motion to remove proposed It was moved by Councilman Egdahl and seconded restaurant site from "P" by Councilman Scott that inasmuch as the staff's Modifying District recon~nendation for the motel and restaurant on the south side of "E" Street is not included, the same rationale be used to remove the pro- posed restaurant site on the north side of "E" Street from the "P" requirement on the assumption that the escrow will close and the restaurant will develop, and if it should not, it is to come back to the Council for reconsideration of the precise zone. 4. b. ORDINANCE NO. 1661 - It was moved by Councilman Egdahl that this AMENDING ZONING MAPS ordinance be placed on its first reading as ESTABLISHED BY SECTION amended and that the reading of the text be 19.18.010 OF THE CITY waived by unanimous consent. CODE, REZONING THAT CERTAIN PROPERTY CON- Further, the City Council finds that the TAINING 8.88 ACRES LOCATED project will not have any possible adverse effect NORTH OF "E" STREET AND on the environment and thereby certifies the 5.40 ACRES LOCATED SOUTH Negative Declaration IS-75-45. OF "E" STREET EAST OF 1-5, FROM C-V TO C-V-P The motion carried by the following vote, to-wit: AND R-3 - FIRST READING AYES: Councilmen Egdahl, Scott, Hyde Noes: Councilmen Hobel, Hamilton Absent: None City Council Meeting -3- January 13, 1976 number 20 b-1 and 20 b-2 on the agenda). [Mr. Boyer requested that the commercial parking zone in front of his property at 393 Third Avenue be removed]. Mr. Ritchey noted that if the spaces were moved, as proposed by staff, one parking space would be lost. The Parking Place Con~nission urged the Council to take no action that would delete one parking space on Third Avenue. Item moved up on agenda It was moved by Councilman Egdahl, seconded by Councilman Hobel and~unanimously carried that this item be moved up on the agenda at this time. Director of Public Works Robens noted the two letters presented to the Council: Mr. Boyer's letter requesting the removal of the parking zone and a letter from the Chamber of Commerce - Downtown Association - not to change the loading zone. Mr. Robens commented that the Public Works Department has not made a recommendation at this time as they are still making an in- vestigation. Motion to refer It was moved by Councilman Egdahl and seconded to staff by Councilman Scott that this matter be referred to staff for a report at a subsequent meeting. SuBstitute Motion It wa~ moved by Councilman Hyde and seconded by Councilman Scott to deny the request for relocation of this parking zone as has been recommended by the Parking Place Commission, Downtown Association, as the basis for the request does not have sufficient merit to approve it. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: Councilman Egdahl Absent: None CONTINUATION OF ORAL COMMUNICATIONS Frances Jacobson Ms. Jacobson referred to the property discussed 63 Third Avenue by Mr. Chaney (east of Third Avenue, 140 feet north of "D" Street). Ms. Jacobson objected to the proposed development of this property declaring that the applicant is trying to put in 73 apartments where only 39 should go. The applicant bought it as R-1 property and at one time proposed to build a convalescent home on the site. Motion not to issue It was moved by Councilman Scott and seconded building permit by Councilman Hyde that the City not issue any building permit on this site until the staff presents the whole history of the zoning in this area and a report be given to the City Council with appropriate recommendations, if any. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Hobel, Egdahl Noes: Mayor Hamilton Absent: None City Council Meeting -8- January 13, 1976 Refer~d to Plann%ng Commission City Attorney Lindberg stated that this would for report be referred back to the Planning Commission for report prior to its second reading. 5. a. PUBLIC HEARING - This matter was rescheduled from the meetings CONSIDERATION OF ADDING of November 25, 1975 and December 16, 1975 "P" PRECISE PLAN MODIFYING to permit readvertising since two Councilmen DISTRICT TO FOUR PARCELS had not been present to hear the testimony on LOCATED ADJACENT TO "H" November 25. The proposal is to rezone four parcels totalling STREET EAST OF I-5 2.09 acres from C-V to C-V-P at this interchange. In a written report to the Council, the Director of Planning analyzed the staff initiated rezonings noting that on October 27, 1975, the Planning Commission recommended approval of the rezoning of the four parcels in accordance with:their findings as set forth in Resolution PCZ-75-I. The Environmental Review Committee concluded there would be no significant effects on the environment and made a draft Negative Declaration on October 2, 1975. Development of north side In answer to the Mayor's question, Mr. Peterson stated he received an inquiry several months ago for a motel development - combining the properties - but this has not been pursued. No inquiries were made for the south side of the street. As to the mobilehome park, if there was a redevelopment of this area, it would involve a change of zone and at that time, the staff would recommend establishment of the "P" District. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Sid Morris Mr. Morris claimed this is just another way 862 Cedar Avenue for the City to take away the rights of the Chula Vista property owner. The Council has sufficient power now to control those parcels without adding on any more. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. b. ORDINANCE NO. 1662 - It was moved by Councilman Hyde that this AMENDING ZONING MAPS ordinance be placed on its first reading and that ESTABLISHED BY SECTION the reading of the text be waived by unanimous 19.18.010 OF THE CITY consent. CODE REZONING TEAT CERTAIN PROPERTY LOCATED The motion carried by the following vote, to-wit: ADJACENT TO "H" STREET F~ST OF I-5 FROM C-V AYES: Councilmen Hyde, Egdahl, Scott, Hobel TO C-V-P - FIRST READING Noes: Mayor Hamilton Absent: None Motion for staff direction It was moved by Councilman Hyde and seconded by Councilman Egdahl that the staff be directed to investigate the zoning of the four parcels immediately north of the boundaries of the C-V zone on "H" Street between Woodlawn and the Freeway to determine whether or not they feel it appropriate to change the zoning to C-V-P. City Council Meeting -9- January 13, 1976 Discussion of motion Councilman Egdahl questioned whether there would be any way to control commercial d~velopments going onto Colorado and Woodlawn Avenues. Councilman Scott felt this should be referred to the Planning Commission for consideration and recommendation to the Council. Motion modified Councilman Hyde modified his motion to delete the reference to the Planning staff and make it Planning Commission. Discussion of motion Mayor Hamilton remarked that if the parcels were zoned C-V, the land values would go up and no one would be able to put the four parcels together for development. City Attorney's opinion City Attorney stated it was more appropriate to impose commercial zoning upon a condition that there would be an orientation of the business operation to the major thoroughfare. and that the zoning not become effective unless this could be shown. To approve the zone change with "P" designator would not give the Council authority to make the orientation to "H" Street. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilman Hyde NOES: Councilmen Egdahl, Scott, Hobel, Hamilton Absent: None 6. PUBLIC HEARING - Construction of sewer mains in the Rosebank ASSESSMENT FOR ROSEBANK Area 1911 Act Assessment District 7511 was SEWER 1911 ACT DISTRICT completed on December 5, 1975 and the Council 75-1 accepted the improvements on December 16, 1975 by Resolution No. 7972. The public hearing has been scheduled to hear any appeals on the work and assessment. Director of Public Works Robens explained the cost of the project and the assessments. Written protests The City Clerk stated that she received no written protests to this ~ist~iCt. Notioe 6f the assessments was sent out to each property owner on December 23, 1975. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. Motion to bring back It was moved by Councilman Hyde, seconded by resolution Councilman Egdahl and unanimously carried that the City Attorney be directed to prepare a resolution confirming the assessment. CONSENT CALENDAR It was moved by Councilman Scott, seconded by Items 7 (a,b,c,d), Councilman Hyde and unanimously carried that 8 and 9. the Consent Calendar be approved and adopted. City Council Meeting -10- January 13, 1976 7. a. RESOLUTION NO. 8010 - On January 6, 1976, after listening to all DECLARING THE OCCUPANCY testimonies at a public hearing, the City AT 206 FIFTH AVENUE TO Council declared the following households in BE IN VIOLATION OF THE violation of the City's Zoning Ordinance: CITY'S ZONING ORDINANCE AND A PUBLIC NUISANCE 206 Fifth Avenue 81 Mitscher Street 174 Landis Avenue 65 Mitscher Street  The City Attorney was directed to bring back b. RESOLUTION NO. 8011 - a resolution declaring said occupancies as DECLARING THE OCCUPANCY AT constituting public nuisances. 81 MITSCHER STREET TO BE IN VIOLATION OF THE CITY'S ZONING ORDINANCE AND A PUBLIC NUISANCE c. RESOLUTION NO. 8012 - DECLARING THE OCCUPANCY AT 174 LANDIS AVENUE TO BE IN VIOLATION OF THE CITY'S ZONING ORDINANCE AND A PUBLIC NUISANCE d. RESOLUTION NO. 8013 - DECLARING THE OCCUPANCY AT 65 MITSCHER STREET TO BE IN VIOLATION OF THE CITY'S ZONING ORDINANCE AND A PUBLIC NUISANCE 8. RESOLUTION NO. 8014 - Allied Contractors, Inc. has completed the APPROVING AND ACCEPTING public improvements in this subdivision in PUBLIC IMPROVEMENTS IN accordance with the contract agreement and THE SOUTHWESTERN COLLEGE to the satisfaction of the Director of Public ESTATES SUBDIVISION UNIT Works. The subdivision is located easterly NO. 8 of Rutgers Avenue and Gotham Street con- sisting of 85 lots. 9. RESOLUTION NO. 8015 - In a written report to the Council, Director ENDORSING THE TELEGRAPH of Public Works Robens recommended approval CANYON CREEK FLOOD CONTROL of the resolution: PROGRAM UNDER CONSIDERATION BY THE U. S. ARMY CORPS OF 1. Endorsing the Telegraph Canyon Creek Flood ENGINEERS Control Program, Plan "M" which includes construction of channel improvements and recreational facilities generally downstream of Fourth Avenue. 2. Request the County Board of Supervisors to give assurances required by the Corps of Engineers to provide the local cooperation necessary for the construction of the project. 3. Declare Council's policy and intent to enter into negotiations with the County prior to actual construction to determine a mutually equitable apportionment of costs to each agency for those facilities for which the State or Federal agencies declare the cost beyond their responsibility. In answer to the Council's query, Mr. Robens explained that the timing of this project is controlled by the Corps of Engineers. (End of Consent Calendar) City Council Meeting -11- January 13, 1976 10. RESOLUTION NO. 8016 - The City has received a block grant for the AUTHORIZING CONSTRUCTION construction of a multiple u~e sports field BY FORCE ACCOUNT FOR at Rienstra Park in the amount of $24,500. RIENSTRA SPORTS FIELD During budget deliberations, Council allocated AND GENERAL ROCA PARK $40,000 for the automation of the irrigation IMPROVEMENTS system and the rehabilitation of the 16 inch softball field at General Roca Park. The Director of Parks and Recreation prepared a proposal for the development of these two facilities recommending that the work be accomplished by existing City work forces. Grading, however, would be accomplished by a contractor. General Roca Improvements Councilman Hyde suggested the improvements at General Roca be deferred until after the Council's field trip. Director of Parks and Recreation Hall explained that this concerns the lights on the softball field and automation of that system. He asked that the Council approve the Reinstra improvements so that he could proceed with the Block Grant project. Motion to delete portion It was moved by Councilman Hyde, seconded by of resolution Councilman Scott that all protions of the resolution relating to improvements at General Roca Park be deleted, and approve the rest of it - improvements to R~enstra. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted unanimously. 11. RESOLUTION NO. 8017 - Change Order #32 is for material and labor AUTHORIZING CHANGE ORDERS to install the ceiling and light fixtures in #32 AND # 34 TO THE CON- the cable T. V. room and Change Order #34 is STRUCTION CONTRACT FOR for the labor and material for the installation THE CHULA VISTA LIBRARY of approximately 688 lineal feet of concrete curb between the parking lot area and the sidewalk adjacent to the library. The Director of Public Works requested the approval of transferring $12,000 from Account 61-7001-RS-1 into Account 63-7003-5569. 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, Scott, Egdahl Noes: None Absent: None 12. RESOLUTION NO. 8018 - The agreement would give to the City the right APPROVING AGREEMENT ~gTWEEN to purchase the property for the sum of THE CITY OF CHULA VISTA AND $1,750,000 to and until March 31, 1976. HARBOR MANAGEMENT CORPORATION FOR OPTION PURPOSES FOR THIRD City Attorney Lindberg submitted a written AVENUE AND "H" STREET PROPERTIES report to the Council detailing the context City Council Meeting -12- January 13, 1976 12. (cont.) of the agreement. He explained that certain changes were made relative to the rights of assignability by the City. Ail of the changes have been approved by Mr. Polak, owner of the property, with the exception of the change in time and amount of payment. Clarification of Agreement City Attorney Lindberg explained the revisions just made to the agreement: the due date for the payments and the increase in the purchase price. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted as a~ended by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Scott Noes: None Abstain: Mayor Hamilton Absent: None 13. RESOLUTION NO. 8019 - The resolution sets the day of Tuesday, April CALLING AND GIVING NOTICE 13, 1976 for the General Municipal Election. OF THE HOLDING OF A Two Council seats - Nos. 1 and 2 are the seats GENERAL MUNICIPAL open for this election along with three seats ELECTION TO BE HELD on the Board of Education, Chula Vista Elementary ON TUESDAY, APRIL 13, School District, and with four Propositions. 1976 Resolution offered Offered by Councilman Robel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott, Egdahl Noes: None Absent: None 14. ORDINANCE The following four Propositions are being PROPOSING AND SUBMITTING proposed: TO THE ELECTORS AT THE ELECTION TO BE HELD APRIL Proposition A - Providing for a full-time 13, 1976 CERTAIN PROPO- Mayor and procedure for salary. SITIONS TO AMEND THE CHARTER OF THE CITY Proposition B - Repealing the Charter Section relating to the probationary period of officers and employees in the Classified service of the City. Proposition C - Relating to the hearing and appeal requirements for the removal or sus- pension of employees in the Classified service. Proposition D - Meeting places of the City Council. Donald Byrum Mr. Byrum commented that the City has worked President under the Charter for 25 years but now they Chula Vista Firefighters are slowly taking things out of it and des- troying the Civil Service Com~nission. He cannot see any reason for taking out the sections dealing with the probationary period and suspensions. The Council explained that the City now has "meet and confer" sessions and the employee groups are represented by unions. City Council Meeting -13- January 13, 1976 City Attorney Lindberg declared that the courts have stated that prior to suspension or termination, the employee is entitled to a hearing. The removal of this section of the Charter in no way jeopardizes the employee's right to a hearing; it secnres that right. As to the probationary period, this is solely for the Peace Officers and all employee rights are fully protected. The measures proposed are purely "cleanup" items. Motion to place ordinance It was moved by Councilman Hobel to place the on first reading ordinance on its first reading. Discussion of motion Councilman Scott questioned the wording on Proposition "D" indicating that the direction of the Council was that at any meeting held in the City, no decisions could be made; however, at those meetings held with other public agencies, there would be possibilities of making decisions. City Attorney stated he would clarify the ambiguity of Proposition "D" to retlect this. Motion to continue It was moved by Councilman Hobel, seconded by Councilman Scott and umanimously carried that this ordinance be carried over to the next meeting. 15. ORDINANCE NO. 1659 - The owner purchased the property from CALTRANS AMENDING ZONING MAP TO as excess right-of-way and proposes to construct REZONE 1.62 ACRES AT THE three homes on the site. At the meeting of NORTHWEST QUADRANT OF January 6, 1976, the Council amended the 1-805 AND EAST "J" STREET ordinance to require construction of homes FROM UNZONED TO R-1-H - so that the interior sound level would not SECOND READING AND exceed 45 decibels and the useful open space ADOPTION to be shielded from the freeway noise. Another requirement was an easement for open space prior to filing the parcel map. The ordinance was placed on first reading at the meeting of January 6, 1976. Ordinance placed on second It was moved by Councilman Hyde 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 Hyde, Egdahl, Hamilton Noes: Councilmen Scott, Hobel Absent: None 16. ORDINANCE 1660 - The Charter provides that compensation shall AMENDING THE CITY CODE be paid to Councilmen in accordance with the RELATING TO COMPENSATION schedule eatablished by the Government Code FOR COUNCILMEN - SECOND ofithe State of California. That Code provides READING AND ADOPTION for increases of 5% per annum to become effective subsequent to the election of any new member or members to the Council. This ordinance provides for a salary increase effective May 1, 1976 from $335.02 to $ 369.36 per month. The ordinance was placed on first reading at the meeting of January 6, 1976. Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its second reading and City Council Meeting -14- January 13, 1976 adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel Hamilton Noes: None Absent: None Recess A recess was called at 10:~0 p.m. and the meeting reconvened at 10:57 p.m. 17. REPORTS OF THE CITY MANAGER a. Report on Bicentennial The City Manager submitted a written report Committee to the Council detailing the Bicentennial projects proposed by the various City depart- ments. City Manager Cote reported that the San Diego Symphony will present a concert in Memorial Park if approved by the Council. The cost of the program would be $5,300 to $~000 (half paid by the City and half paid by National Endowment Conm~ittee). Sculpture On April 16, 1975, the Council directed that a committee be formed to have a competition whereby people would submit sketches for some type of sculpture for the new Library. Mr. Cole recommended that th~ Review Committee be formed as soon as possible in order that the sculpture be completed in time for the dedication. Councilman Egdahl aaid he talked to a sculptor who looked at the site and noted the dimensions. The gentleman declared that the sculpture would cost approximately $20,000 to include a water feature. Motion for committee It was moved by Councilman Hobel, seconded by Mayor Hamilton and unanimously aarried that a committee be formed consisting of one member of the City Council, one art professor or instructor, one member of the Friends of the Library, one from the Bicentennial Committee and one ~taff person to coordinate it. Couneilman Egdahl designated It was moved by Councilman..Hobel,z~seconded by Mayor Hamilton and unanimously carried that Councilman Egdahl be designated as the Council's representative. Other members appointed Mayor Hamilton selected the City Manager as the staff's representative, Jim Mohr as the Bicentennial Committee's representative (a member of the Friends of the Library will be selected later). Mr. Cole remarked that Mr. Robens, Director of Public, Works would be the staff's represen- tative. Recommendations adopted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the rest of the recommendations regarding the Bicentennial projects be adopted. City Council Meeting -15- January 13, 1976 Bicentennial Committee to It was moved by Councilman Hobel, seconded by present history of State honored Councilman Scott and unanimously carried that the Bicentennial Group make a weekly presentation to the Council regarding the State being honored (more research of the State, what the Capital is, and more publicity). b. Request for consideration A request was received from Bay Cities Ambulance of rate increase - Bay for an average rate increase of 33% based on Cities Ambulance increased costs of operation. City Manager Cole asked that the matter be referred to the staff for study with a report back to Council in one month. Steve Ballard Mr. Ballard stated that the staff has had it Bay Cities Ambulance for a month now and it would not be reasonable to carry it for another month. There is an urgency factor -- insurance (same problem as the doctor's have). Referred to staff It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the matter be referred to staff and brought back as soon as possible. Meeting with County City Manager Cole stated that he received a Board of Supervisors call ~rom Mr. Dave Speer of the County asking that the Council meet with the County Board of Supervisors on Thursday, March 11 at 9:00 a.m. in this Council Chamber. This is in regard to the South Bay Courts. Motion for scheduling It was moved by Mayor Hamilton, seconded by meeting date Councilman Hyde and unanimously carried that March 11 be set for the meeting date and convey to the Board of Supervisors that because of time conflicts, it would be to the Council's advantage to meet at 4:00 p.m. or earlier -- (no earlier than 2:00 p.m.). Council Field Trip City Manager Cole reported that the Council Field Trip of the City is scheduled for Saturday, January 24, 1976. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the date of January 24, between the hours of 8:00 a.m. and 22:00 noon be scheduled for the Council Field Trip. REPORTS OF CITY OFFICERS 18. REPORT - CONSIDERATION OF The Director of Planning reported that the REQUEST TO RELEASE 26.7 applicant desires to proceed with the sub- ACRES OF PUD AREA "A" - division of 26.7 acres into 84 single-family E1 Rancho del Rey for lots (Bonita Terrace East). That portion of development of 84 single the PUD Area "A" proposed for the subdivision family dwelling units was approved for 60 townhouses and 280 apartments on the same acreage for a density of 12.3 units an acre. The subdivision is now proposed for 84 single family units on 26.7 acres for a density of 3.1 units an acre. It was the~,mmeom~ndation of the staff that the subject 26.7 acres be released for develop- ment. City Council Meeting -16- January 13, 1976 Discussion of report Councilman Scott commented that the developments are still coming from this area and he feels this ~ho~ld not be released until the Council received the staff's study now in progress. A time schedule for development of this area will also be proposed to Council. Area released for development It was moved by Councilman Hobel and seconded by Councilman Egdahl that the recormnendation of the staff be accepted (the subject 25.7 acres be released for development). Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None 19. REPORT ON CHULA VISTA'S City Attorney Lindberg responded to the Council's MUNICIPAL ELECTION directive of January 6, 1976 by noting the CAMPAIGN CONTRIBUTIONS sections of the ordinance to be repealed. He AND EXPENDITURE ORDINANCE explained that the candidates will not be required to file separate forms under our local ordinance but will file only the forms required by Proposition 9. Mr. Lindberg asked if the Council desired to increase expenditure limitations. The City of Del Mar has increased theirs to 18C times the number of registered voters. Motion to accept It was moved by Councilman Hobel, seconded by report Councilman Scott and unanimously carried that the report be accepted. Motion to set It was moved by Councilman Scott, seconded by limitations Councilman Hyde and unanimously carried that the expenditure limitations be set at 16¢ for incumbents and 18¢ for non-incumbents. Motion for letter to It was moved by Councilman Hyde, seconded by District Attorney Councilman Hobel and unanimously carried that the City Attorney be directed to contact the District Attorney and ask for his official disposition on this (enforcing the Chula Vista Campaign Ordinance) in the hope that he will change it and will enforce the ordinance. MAYOR'S REPORT Local Agency Technical City Manager Cole requested a Council Conference Task Force for sometime in January so that the staff can report to the Council on this Task Force. Conference set It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that a Council Conference be set for February 4, 1976. COUNCIL COMMENTS Dog Licenses Councilman Scott discussed the increased cost of dog licenses and the complaints received. Motion for change in It was moved by Councilman Scott, seconded by dog license fees Councilman Hyde and unanimously carried that the City go back to the old schedule, plus inflation, and that it be brought back to City Council Meeting -17- January 13, 1976 the Council at the appropriate time - probably at budget time. New Businesses - Councilman Scott remarked that many times when Landscaping a new business goes in "exotic" landscaping is put in but not maintained. He felt the City should have some regulation on this. Motion for staff It was moved by Councilman Scott, seconded report by Mayor Hamilton and unanimously carried that the staff look into this and make a recormendation to the C~y Council to either have something to enforce the maintenance or do away with expensive landscaping that is difficult to maintain. RETC Councilman Scott reported on his representation on RETC stating that 6 months ago, the County and City of San Diego made an amendment to the joint powers agreement which stated that any funds to be expended over $10,000 had to be brought to them for approval. Since RETC deals with quarter of a million dollars and up, Councilman Scott protested this procedure since it gives the County and City of San Diego veto power. The City of San Diego did change their vote but the County refused. Councilman Scott now p~opos~ to RETC that the Charter be changed whereby the City of Chula Vista amd E1 Cajon would be signers of that joint agreement. ENCLOSING SWIMMING POOL It was moved by Councilman Hyde, seconded by Coun- cilman Scott a~d unanimously carried that ~he staff look into the feasibility and desirability of enclosing one of the City's swimming pools and bring this matter back to Council at budget time. VACANCIES ON BOARDS It was moved by Councilman Hyde, seconded by AND COMMISSIONS Councilman Egdahl and unanimously carried that the Council take action within the next two weeks to fill the vacancies on the boards and commissions. The City Clerk was directed to give the Council a copy of the applications and the Council will determine whether interviews are necessary. Motion regarding off-road It was moved by Councilman Hyde and seconded by vehicle citations Councilman Egdhal that the City Manager be directed to direct the Police Department to pursue a "no warning" policy as the basic policy for issuance of tickets to violators of the City's off-road vehicle laws. Motion failed The motion failed by the following vote, to-wit: A~s: Councilmen Hyde, Hamilton NOES: Councilmen Egdahl, Scott, Hobel Absent: None Motion to investigate It was moved by Mayor Hamilton and seconded by State Funds Councilman Scott that the staff coordinate with the State to see what funds are available, what the matching funds would be, and perhaps looking to securing a site for off-road vehicles in the City. City Council Meeting -18- January 13, 1976 Councilman Egdahl suggested the purchase or leasing of property to the east of the City or granting some sort of tax-relief subsidy to property that is undeveloped if the property owner would allow it to be used in this fashion. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Scott, Egdahl Noes: Councilmen Hobel, Hyde Absent: None FAIR POLITICAL PRACTICES Councilman Hyde noted the letter received from COMMISSION FPPC announcing a meeting in San Diego on January 19. He asked that the lCity Attorney or the Assistant City Attorney attend the meeting. 20. WRITTEN COMMUNICATIONS a. Verified claim for damages - Ms. Bertao filed a claim in the amount of June J. Bertao $150,000 stating that on October 2, 1975, 877 Riverlawn she tripped and fell over a defective side- Chula Vista walk severely injuring her back. Claim denied It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the claim be denied and referred to the insurance carrier. b. (1) Request from Albert C. This request was taken care of earlier in Boyer for removal of the agenda. (see page 3) commercial parking zone in front of 393 Third Avenue b. (2) Request of Downtown This request was taken care of earlier in the Association not to agenda. (see page 3) change the loading zone at 393 Third Avenue c. Request of Dale Building Mr. C. R. Pasquale, Executive Vice President, Company of the Gersten requested that the City of Chula Vista commence Companies for condemnation condemnation proceedings in connection with proceedings in connection these two properties. with easement on Ord and Meyers property south of City Manager Cole reported that the Public Telegraph Canyon Road Works Department agreed that the only means to obtain the easements is through utilization of~theCity's right of condemnation. Motion for condemnation It was moved by Councilman Hobel, seconded by proceedings Mayor Hamilton and unanimously carried that the City Attorney be directed to prepare a resolution commencing acquisition proceedings. d. Request for auction The Montgomery Lions' Club requested a waiver of fee and license for an auction to be held on January 24, 1976 -- proceeds to be given to a charitable organization. Motion to refer to staff It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that permission be granted subject to any conditions set down by the City Manager. City Council Meeting -19- January 13, 1976 ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:38 p.m. to the meeting scheduled for January 20, 1976.