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HomeMy WebLinkAboutcc min 1975/12/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. December 23, 1975 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, City Attorney Lindberg, Director of Public Works Robens, Director of Planning Peterson, Citizens Assistance Officer Smith, Purchasing Agent Espinosa, Assistant City Planning Director Williams The pledge of allegiance to the Flag was led by Mayor Pro Tempore Scott followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hyde and seconded by Councilman Egdahl that the minutes of the meetings of December 11, 1975 and December 16, 1975 be approved, copies having been sent to each Council- man. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Noes: None Absent: Mayor Hamilton Abstain: Councilman Hobel REPORT ON REGIONAL AIR QUALITY Mr. Larry Taylor, Director of Air Quality Planning PLANNING TEAM - CPO Team of CPO, presented a report on CPO's Regional Air Quality Program. Mr. Taylor presented slides showing smog and causes of air pollutants in this County. (Mayor Hamilton arrived at this time) Mr. Taylor suggested ways in which cities and their citizens could contribute in improving air quality. He commented that he would be back to the Council with alternatives in one or two months. ORAL COMMUNICATIONS Joseph Rase Mr. Rase stated he is the Manager of the restaurant La Bella Pizza on Third Avenue and has a trash problem. The alley 373 Third Avenue in back of the restaurant is not paved, trash Chula Vista trucks cannot come in and he has to deliver his own trash to the dump. However, when it rains, it is impossible to get the trash out. He asked that the City put in some sand or temporary measure before Saturday (December 27th) to enable him to dispose of his trash. Tony Rase Mr. Rase volunteered to put in gravel in the alley- way but questioned whether the City would allow it. City Council Meeting 2 December 23, 1975 City Manager Cole noted that attempts have been made in the past to get enough signatures on a petition for a 1911 Act to improve this alley. Matter referred to City Manager It was moved by Councilman Hyde, seconded by and City Attorney Ceuncilman Scott and unanimously carried by those present that this matter be referred to the City Manager and also to the City Attorney for legal advice to determine what courses of action are open to the City and report back to US. Included in motion Councilman Hyde included in his motion that the City Manager be authorized to take such emergency measures as he deems necessary to accomplish the temporary problem cited by Mr. Rase. Councilman Scott seconded the inclusion and it carried unanimously. Discussion of request Councilman Scott pointed out that it is an unimproved public alley and the improvements are to be paid by these people who use the alley (the property owners). ~]~e City cannot go around paving all streets or alleys in the City that are unimproved. City Manager Cole declared that a little bit of sand or gravel is not going to do the job. Mayor Hamilton commented that the intent of the motion is just to get the trash out of the alley at this time and then the staff can figure out how to solve the problem. Frederick A. R. Drew Mr. Drew stated that the proposed ordinance re- 1275 Banner Avenue quiring every home owner to also own a garage Chula Vista is an ordinance that "slaps of the Big Brother." He remarked that the citizens pay taxes for streets and a right to park their cars there, have the right to use their garages for whatever they wish. He asked that the Council overturn the ordinance requiring a garage to be built with every house. PUBLIC HEARING - Consideration On November 24, 1975 the Planning Commission of appeal by George W. Bernard, approved a permit for an extended family house- et al, of Planning Commission hold/boarding house for 18 persons at 456 decision granting conditional Casselman Street, subject to certain conditions. use permit PCC-75-22 for existing This decision is being appealed to the Council. extended family household at 456 Casselman in R-3 zone Director of Planning Peterson submitted a plat noting the location of the property in question and referred to his written report to the Council in which is analyzed the original application and subsequently the appeal. The Environmental Review Committee concluded that there would be no significant effects and made a draft Negative Declaration. Mr. Peterson explained that in the various communal household applications, the staff's approach is to measure the intensity of the house- hold use against that expected in the R-3 regula- tions. In this case the staff finds that under R-3, this property could accommodate 6 apartment units or 17 people. Offstreet parking require- ments would be 10 spaces - for a communal house- hold, one-half or S would be required. Mr. Peterson noted other standard comparisons, stating City Council Meeting 5 December 23, 1975 that the staff finds the communal household compatible with the zoning and General Plan. City Attorney's Attorney Lindberg stated that the conditional use statement permit relates to a boarding house - not a community household or an extended family house- hold. The community household is the type of boarding house being discussed. Mr. Lindberg noted the past action of the Council in which they disallowed the use of a communal household in an R-1 zone. Council discussion Discussion followed regarding the term "boarding house", "community household", and "extended family households". Also discussed was the licensing requirements for boarding houses and there being no other boarding houses in Chula Vista. Mr. Peterson commented that a "boarding house" is a place where meals are served and the person may live elsewhere but he "boards" at this house. City Attorney Lindberg referred to the Municipal Code reading the definition of a "boarding or lodging house" - a place where meals and/or lodging are provided for compensation for three or more persons - not transients - other than the members of the resident family. Mr. Lindberg indicated that compensation, in this case, would be difficult to define. Recess A recess was called at 8:15 p.m. and the meeting reconvened at 8:30 p.m. Public Hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Speaking in support of Speaking in support of the appeal were Dave Mills, the appeal 169 Brightwood Street, Mrs. Martha Rubie, 140 Elder Avenue, Sid Morris, 862 Cedar Avenue, Hugh Ferguson, 728 Elm, William Rambur, 325 East James Street, Mike Balen, 456 E Street, John Pappish, 471 E Street, Clarence Knight, 117 Jefferson Street, Gerry Miller, 1475 Hilltop Drive, Frank Hark, 4173 - 46th Avenue, San Diego and Shirley Chaney, 292 Seavale, Patty Morris, 862 Cedar, Maxine Ferguson, 728 Elm Avenue. They stated as their reasons: (1) communes do not belong in a residential neighborhood; (2) these households should be in a commercial zone; (3) impact on traffic in the area; (4) opposing the three-year review stipulation as it is difficult to police; (S) the commune group does not fit a "boarding house"; however, the Planning Commission and staff tried to make the boarding house fit the communes; (6) trash problem; {7) lack of taxes to the City; (8) confused as to what is being discussed - communes or as one Planning Commissioner put it "a rehabilitation center"; (9) tandem parking questions; (10) people living in R-S zone should not be denied less protection than those living in the R-1 zone; {11) property value on home was decreased by $8,000 based on the fact that a commune is in the area; (12) questioned the entire findings of the Planning Commission; (13) there have been a number of misdeeds made (by Kenneth Pagard) in the name of the church; (14) it is not a needed service to the community; in fact, it is detrimental to the mental health City Council Meeting 4 December 23, 1975 of the people he (Pagard) has come in contact with; (15) object to having this lifestyle forced on the people; (16) these households use a great deal of water and use the sewers more but they don't pay their fair share of these expenses; (17) belonged to the First Baptist Church for 25 years and feel the permit should be denied as a commune is detrimental to the City; "Christian communism is no different than any other communism" as it destroys the family; (18) for the past ten years that Reverend Pagard has been with the church there have been scores of families hurt financially, psychologically, socially and spiritually; (19) the communes take the person's whole check giving him only enough for basic needs;(20) if this use is allowed, the Council will be spending all of its nights sitting in judgment deciding which is a good or bad commune. Letters noted for the record It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that all of the letters received in support of the appeal be made a part of the record. The letters are from Mr. and Mrs. George W. Bernard, 128 Elder Avenue; Paul Harper, 122 Elder Avenue; Madeline Chatfield, 133 Elder Avenue; Mrs. Anthony Perez, 1629 Marl Avenue; C.A. and Louise Morehouse,140 Brightwood Avenue; Martha and Harry Rubie, 140 Elder Avenue and Joseph and Ruth Kiehl, 156 Brightwood Avenue. Speaking against the Speaking against the appeal were Clay Ford, head appeal of the household at 456 Casselman known as the "Sunshine House". Mr. Ford stated that there are 17 people living in the household consisting of two married couples, 5 single women, 4 single men and 4 small children - they have lived here for 13 months. Seven months ago they received 71 signatures of their neighbors on a petition stating that they be allowed in all zones in the City. Mr. Lawrence J. Clark, 65 Mitscher stated six people have been committed to their care by judges; 4 psychologists have approved their living style; people in the households are not intimidated when they try to leave - they are, however, encouraged to stay. Frederick Drew, 1275 Banner Avenue, indicated that the question tonight was one of land use; however, all of the people present are concerned~with all aspects of the use and these people who are now testifying should be allowed to "have their say about their feelings." Mrs. Shirley Ford, 456 Casselman, stated that they are not a rehabilitation center - they are a family, and the laws should be such that their rights should also be protected. Noel Haggard of 456 Casselman stated that they have complied with all City standards. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Discussion Discussion ensued regarding the three-year review period as recommended by the Planning Commission; tandem parking; parking spaces required; is a nursery considered a bedroom. City Council Meeting 5 December 23, 1975 Mr. Peterson explained that in an R-3 family unit with a room for children under 2 years old, it would be termed a bedroom. In this particular case (Casselman household), it is an unusual case inasmuch as the nursery was based on the applicant's statement as to its use. If it was determined at some future time that the bedroom was occupied by persons of driving age, it would be grounds for review of the use permit requiring additional parking. In answer to Councilman Scott's query, Mr. Peterson indicated that the tandem parking was also conditioned upon the use of the actual occupants at this time and not based upon the land use in the future. If this present communal household remains in this location for five years, then the nursery becomes something else. Motion for one-year term It was moved by Councilman Egdahl and seconded by Councilman Scott that the Planning Commission's recommendation be modified making it a one-year term (instead of 3 years) when the Council con- siders the appeal. Speaking against motion Councilman Hobel stated he was uncomfortable with the classification "boarding house" and should have a separate classification and criteria for communal households. Motion failed The motion failed by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Mayor Hamilton NOES: Councilmen Hob¢l, Hyde Absent: None (Note: A 4/5 vote was needed for passage of this motion). Motion to deny appeal It was moved by Councilman Egdahl and seconded by Councilman Scott that the appeal be denied and that the finding of the Planning Commission be upheld. Discussion of motion Discussion followed by the Council relating to the parking spaces, the one-year review and the extra- ordinary vote (4/5) needed to change the conditions. Councilman Hobel questioned whether, if the appeal was denied, the Council could direct the staff to write this classification into the ordinance (away from the boarding house classification) and could it be retroactive affecting those households granted under a conditional use permit. Attorney Lindberg stated it could not be retro- active. In this instance, it would be granting a conditional use permit for a boarding house. Mayor Hamilton noted that in the one-year review, the Council could make the household conform to the new zoning regulations. Motion withdrawn Councilman Egdahl withdrew his motion. Councilman Scott did not withdraw his second. Councilman Hyde commented that he would change his negative vote on the motion to consider the one- year procedural manner to an affirmative vote. Second withdrawn Councilman Scott stated he would withdraw his second to the motion. City Council Meeting 6 December 23, 1975 Motion to change review It was moved by Councilman Egdahl and seconded to one year by Councilman Scott that the condition of three years be changed to one year if the appeal is denied and the conditional use permit is granted. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: Councilman Hobel Absent: None Motion for six parking It was moved by Councilman Scott and seconded by spaces Councilman Hyde that six parking places be re- quired - and not tandem. Director Peterson indicated that he felt they could not meet this requirement. Discussion of motion The Council discussed the requirement, designation of one room to a nursery, the one-year review, the conditions of the area regarding traffic and parking. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Hobel, Hamilton Noes: Councilman Egdahl Absent: None Motion to deny the appeal It was moved by Councilman Scott and seconded by Councilman Egdahl to deny the appeal. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hamilton, Hyde Noes: Councilman Hobel Absent: None Motion for staff direction It was moved by Councilman Hobel and seconded by Councilman Egdahl that staff be directed to pro- vide a new classification for the extended family household/Community household and that be brought back in 90 days. Discussion of motion Planning Director Peterson stated the process would take longer than 90 days. Councilman Scott spoke against the motion, indi- cating that the use was an extraordinary one and should not be made a part of the zoning ordinance. Councilman Hobel asked the staff to come back at the next meeting with a time certain for his motion. Motion failed The motion failed by the following vote, to-wit: AYES: Councilmen Hobel, Egdahl Noes: Councilmen Scott, Hamilton, Hyde Absent: None Recess A recess was called at 11:04 p.m. and the meeting reconvened at 11:17 p.m. Motion to move item up It was moved by Mayor Hamilton, seconded by on agenda Councilman Scott and unanimously carried to move Item #28 up on the agenda (petition for 4-way stop at East Naples and Melrose). City Council Meeting 7 December 23, 1975 REPORT ON PETITION FOR A Director of Public Works Robens reported that the 4-WAY STOP AT EAST NAPLES Traffic Engineer has completed an evaluation of AND MELROSE AVENUE the intersection based upon a liberal warrant system developed by the Safety Commission and staff. This intersection did not meet the warrants for a 4-way stop. Mr. Robens declared that the installation of a 4-way stop would over- regulate traffic in this area. He recommended that a posting of a "School--25 miles per hour when children are present" sign would be appro- priate and in addition, eliminate parking on Naples on the east side of Melrose to further increase visibility for pedestrians and drivers. Safety Commission In a letter to the Council the Safety Commission recommendation noted that the intersection did not warrant a 4-way stop but, nevertheless, did recommend its installation. Motion for 4-way stop It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a 4-way stop be put in at this intersection. PUBLIC HEARING - CONSIDERATION On December 9, 1975 the Council adopted Resolution OF LEVYING ASSESSMENTS IN THE No. 7962 setting this date for a public hearing for DOWNTOWN IMPROVEMENT DISTRICT the purpose of levying an additional business license tax on the parking and business improvement area for the purpose of the general promotion of retail trade. 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. ORDINANCE NO. 1658 - It was moved by Councilman Hyde that this ordinance AMENDING ORDINANCE NOS. 1372, be placed on its first reading and adopted and that 1390 AND 1584 ESTABLISHING reading of the text be waived by unanimous consent. AND LEVYING AN ADDITIONAL BUSINESS LICENSE TAX UPON THE The motion carried by the following vote, to-wit: AREA INCLUDED IN THE PARKING AND BUSINESS IMPROVEMENT AREA AYES: Councilmen Scott, Egdahl, Hobel, Hamilton, FOR THE PURPOSE OF THE Hyde GENERAL PROMOTION OF RETAIL Noes: None TRADE - FIRST READING AND Absent: None ADOPTION PUBLIC HEARING - In response to Council's directive, on November 4, CONSIDERATION OF AMENDMENT 1975 the staff presented the Council with an TO MUNICIPAL CODE RELATING amendment to the Code which would require a re- TO PARKING REQUIREMENTS IN placement garage if the existing garage was con- EVENT OF GARAGE CONVERSION verted. The Council referred this to the Planning Commission. On November 24, 1975 the Planning Commission recommended an alternative zoning text amendment to the Council which would require the replacement parking to be located behind the front yard setback. Director of Planning Peterson remarked that the Environmental Review Committee concluded that there would be no significant effects and made a draft Negative Declaration. Mr. Peterson recommended that the Council require a new enclosed garage if the existing one is con- verted and to amend the guidelines for architectural control. City Council Meeting 8 December 23, 1975 Revised ordinance Councilman Hyde questioned a provision of the revised ordinance requiring enclosed storage area. The City Attorney stated this should not have been included in the ordinance. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Frederick A.R. Drew Mr. Drew declared that the City should not re- 1275 Banner Avenue quire anyone to build anything they do not need. Chula Vista It would work a hardship on the poor homeowner and the ones having large families. Letter of opposition It was noted that the Council received a letter noted from the San Diego Building Contractors Associa- tion opposing the amendment. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE It was moved by Councilman Hyde that the original AMENDING SECTION 19.62.190 OF ordinance submitted to the Council be modified THE MUNICIPAL CODE RELATING TO deleting paragraph "B" and renumbering paragraph RESIDENTIAL PARKING "C" accordingly, placed on first reading. Further, the Council finds that this project will not have any possible significant impact on the environment and certifies the Negative Declaration. Speaking against ordinance Mayor Hamilton spoke against the motion stating that he could not support the ordinance as it would place an unnecessary financial burden on the citizens of this community. Attorney's opinion City Attorney Lindberg suggested there be a motion to approve the modification of the zoning ordinance. This would then be referred back to the Planning Commission for report. Offer withdrawn Councilman Hyde withdrew his offer of the ordinance. Motion for approval of It was moved by Councilman Hyde, seconded by draft ordinance Councilman Scott to approve the draft version of the ordinance relating to the conversion of two- car garages with the deletion of paragraph "B" and that this matter be referred to the Planning Commission for report. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Noes: Mayor Hamilton, Councilman Hobel Absent: None PUBLIC HEARING - By Resolution No. 79S4 on November 2S, 197S the VACATING A PORTION OF City Council established this date for a public MADRONA STREET, WEST hearing on the vacation of a portion of Madrona OF LANDIS AVENUE Street, west of Landis Avenue. On November 10, 197S the Planning Commission deter- mined that this portion of Madrona Street is no longer necessary for public use and recommended that it be vacated. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. City Council Meeting 9 December 23, 1975 In answer to the Council's question, Mr. Robens explained that the map which dedicated the street is an 1896 map and it is not clear as to whom the property will revert. The Title Insurance Company ran a check on it and couldn't find the answer. The City will probably file a quiet title to the property. City Manager Cole commented that if the Council determines to vacate, a resolution will be brought back for adoption which will include the south half of the street as an easement to the City. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to bring back It was moved by Councilman Hobel to bring back a resolution resolution. No second to motion The motion died for lack of second. Motion to resolve It was moved by Councilman Egdahl and seconded by ownership Councilman Scott that the question of ownership be resolved before action is taken to vacate the street. Amendment to motion It was moved by Councilman Hyde that it be assumed that the City owns the property unless it can otherwise be demonstrated that it does not. No second to motion The motion died for lack of second. Motion to resolve The motion to resolve the ownership of the property ownership carried in question carried unanimously. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted except for item No. 10 (resolution re Candidates' State- ments). RESOLUTION NO. 7979-A On December 9, 1975 the Council affirmed the de- DENYING THE APPEAL OF FRANK cision of the Planning Commission in denying the E. FERREIRA FROM THE PLANNING conditional use permit. The resolution solemnifies COMMISSION DENIAL OF A CON- the Council's action. DITIONAL USE PERMIT TO INSTALL SELF-SERVICE GASOLINE PUMPS AT WHISPERING TREES VILLAGE, 88 E. BONITA ROAD, IN THE C-N ZONE RESOLUTION NO. 7980 The resolution memorializes the Council's action ESTABLISHING A PROCEDURE FOR of December 16, 1975. Section 10 incorporates the THE APPOINTMENT OF A MEMBER establishment of a joint committee of Council OF THE SAN DIEGO METRO- representatives from each of the three cities POLITAN TRANSIT DEVELOPMENT (National City, Chula Vista, Imperial Beach), one BOARD of whom, the Councilman from National City, is the Board appointee. RESOLUTION NO. 7981 The resolution specifies the services requested by REQUESTING THE BOARD OF the Registrar of Voters in the Municipal Election SUPERVISORS OF THE COUNTY to be held on April 13, 1976. OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO PERFORM CERTAIN SERVICES RELATIVE TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 13, 1976 City Council Meeting 10 December 23, 1975 RESOLUTION NO. 7982 According to the Tax Assessor, a small street MAKING APPLICATION FOR THE section of this annexation lies within the DETACHMENT OF TERRITORY FROM Montgomery Fire District and needs to be detached. THE MONTGOMERY FIRE PROTECTION DISTRICT AND SEEKING APPROVAL OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO - "RANCHO RIOS MAIN STREET ANNEXATION" RESOLUTION NO. 7983 This is the third year that the Chula Vista EXPRESSING THE COUNCIL'S Public Library has been the recipient of a APPRECIATION FOR THE GIFT OF generous, unsolicited gift of $5,500 from the $5,500 CONTRIBUTED BY THE Stephen and Mary Birch Foundation, Inc. STEPHEN AND MARY BIRCH FOUNDA- TION, INC., TO THE CHULA VISTA PUBLIC LIBRARY RESOLUTION NO. 7984 The boundary of this district is the same as the ORDERING THE FORMATION OF boundary for Hilltop Vista Subdivision. The areas CHULA VISTA OPEN SPACE DISTRICT to be maintained by the district are all of Lot "B" NO. 6 (HILLTOP VISTA SUB- and the open space maintenance easement across DIVISION) AND CONFIRMING THE Lot 94 through Lot 100 and Lot 125 through Lot 162. ASSESSMENT THEREOF The estimated annual cost is $8,431 or an assess- ment of each parcel of $S2.04 annually. RESOLUTION NO. 7985 At the meeting of December 9,following a public DECLARING THE OCCUPANCY AT hearing, the Council directed that resolutions be 424 WESTBY STREET TO BE IN brought back declaring the households existing on VIOLATION OF THE CITY'S 424 Westby Street, S7 Third Avenue and 245 Ash ZONING ORDINANCE AND A PUBLIC Avenue public nuisances. NUISANCE RESOLUTION NO. 7986 DECLARING THE OCCUPANCY AT 57 THIRD AVENUE TO BE IN VIOLATION OF THE CITY'S ZONING ORDINANCE AND A PUBLIC NUISANCE RESOLUTION NO. 7987 DECLARING THE OCCUPANCY AT 245 ASH AVENUE TO BE IN VIOLATION OF THE CITY'S ZONING ORDINANCE AND A PUBLIC NUISANCE RESOLUTION NO. 7988 This resolution follows the procedures set forth in DECLARING THE OCCUPANCY AT the abatement ordinance which has been adopted by 1153 NOLAN AVENUE TO BE IN the Council but is not yet effective. CONFOR~CE WITH THE CHULA VISTA MUNICIPAL CODE RESOLUTION NO. 7989 On January 6, 1976 the City Council has scheduled DIRECTING THE ISSUANCE OF the second public hearing to determine whether or SUBPOENAS TO COMPEL TESTI- not the occupancies of various properties violate MONY OF WITNESSES RELATING provisions of the City's Zoning Ordinance. The TO A PUBLIC HEARING ON THE testimony of the persons to be subpoenaed is EXISTENCE OF A PUBLIC desirable to determine whether or not said NUISANCE occupancies are, in fact, in violation of the Zoning Ordinance. RESOLUTION NO. 7990 In June 1975, the Environmental Protection Agency INDICATING INTENT TO JOIN WITH awarded the CPO an areawide waste treatment manage- OTHER GENERAL AND SPECIAL PUR- ment planning grant in the amount of $1,339,280. POSE UNITS OF LOCAL GOVERNMENT One of the conditions of the grant was that the IN A PLANNING PROCESS FOR A affected general and special purpose units of local COORDINATED WASTE TREATMENT government within the area show their intent to MANAGEMENT SYSTEM FOR THE join together in the carrying out of the planning SAN DIEGO REGION program. The resolution sets forth the City's intent to join with other entities and endorses the designation of the CPO as the planning agency. City Council Meeting 11 December 23, 1975 RESOLUTION NO. 7991 Sapper Construction Company has completed the in- ACCEPTING PUBLIC IMPROVE- stallation of sidewalk ramps at the Civic Center. MENTS - SIDEWALK RAMPS AT All work was accomplished in accordance with the CIVIC CENTER contract and to the satisfaction of the Director of Public Works. RESOLUTION NO. 7992 The contractor requested a 10-day extension of GRANTING AN EXTENSION OF time to complete their contract due to delay TIME TO W. H. LEDBETTER caused by minor changes in the plan, soft sub- & SON FOR ROHR PARK PARKING grade material and holidays. The extension will LOT CONTRACT change the contract completion date to January 15, 1976. (Councilman Scott abstained from voting on this resolution.) RESOLUTION NO. 7993 At Council's direction, the Engineering staff has WAIVING ENGINEERING PERMIT contacted the four property owners along the east FEES FOR THE INSTALLATION OF side of Hilltop Drive between E1 Rancho Vista and PUBLIC IMPROVEMENTS ALONG THE East "H" Street to see if any of them are willing EAST SIDE OF HILLTOP DRIVE to voluntarily put in sidewalk improvements. BETWEEN EL RANCHO VISTA AND Mr. Lewis R. Fishburn, 487 Hilltop Drive, has EAST "H" STREET consented and has asked that the City waive all Engineering permit fees. (End of Consent Calendar) RESOLUTION The resolution stipulates that the Candidates' SETTING FORTH TERMS AND Statements (1) shall have a Spanish translation; CONDITIONS REGARDING THE (2) be limited to 200 words; (3) billing procedure MAILING OF CANDIDATES' for the Statements; (4) including literature in STATEMENTS AND CAMPAIGN sample ballot envelopes. MATERIALS Councilman Hyde spoke in favor of permitting the candidates to include their campaign literature in the sample ballot envelopes subject to re- strictions. Motion for change in It was moved by Councilman Hyde, seconded by resolution Councilman Hobel and unanimously carried that paragraph 8 of the proposed resolution be re- placed with suitable language which would indicate the following: Wording to be provided which would permit the candidates to include in the sample ballot mailing additional campaign material subject to the following limitations: 1. One sheet no larger than (blank) on a paper of (blank) weight. 2. Materials must be pre-folded for stuffing in saraple ballot envelopes per instructions of the City Clerk or Registrar of Voters. 3. Users of this service shall pay pro rata share of costs at or prior to time of delivery for stuffing. The City Clerk is to come back with a modified resolution. RESOLUTION NO. 7994 The present leases for the trucks for the CETA APPROVING RENEGOTIATED program expire December 31, 1975. The two lessors, LEASES FOR VEHICLES IN Courtesy Chevrolet and PHd Corporation submitted SUPPORT OF CETA WORK the following rates for extension of the leases to PROGRAM June 30, 1976: City Council Meeting 12 December 23, 1975 CURRENT MO. RATE LESSOR VEHICLE MO. RATE 1/1/76 Courtesy Chev. 1-Two Yard Dump $ 356,16 300,00 PHd Corporation 1-Five Yard Dump 278.00 214.00 1-One Ton Flat Bed 271.00 t58.00 2-Crew CAb Pick-Ups 236.00 179.00 4-Compact Pick-Ups 151.O0 93.00 The amount of $8,412.00 is required for the ex- tension of the leases; funds are available in Account 01-1850-5271. Purchase of vehicles In answer to Councilman Hobel's question, Purchas- ing Agent Espinosa explained that the vendors will give the City a price at which the City can purchase the vehicles at the end of the lease. This infor- mation will be given to the Council prior to budget sessions. 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, Scott, Egdahl, Hyde, Hamilton Noes: None Absent: None RESOLUTION NO. 7995 On October 7, 1975 the Council authorized the sub- APPROVING AGREEMENT BETWEEN mission of an application for funding the purchase THE CITY OF CHULA VISTA AND of office equipment for the City's Senior Service THE COUNTY OF SAN DIEGO FOR Center in the amount of $3,000. The County PARTIAL FUNDING OF THE CITY'S Screening Committee reduced the request for funds SENIOR SERVICE CENTER to the amount of $2,105. 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, Scott, Egdahl, Hyde, Hamilton Noes: None Absent: None RESOLUTION NO. 7996 The City of National City has, since April 6, EXTENDING THAT CERTAIN 1966, contracted with the City of Chula Vista AGREEMENT BETWEEN THE CITY OF for the use of this City's Animal Shelter and CHULA VISTA AND CITY OF services. The agreement is being amended at NATIONAL CITY PROVIDING FOR this time to reflect an increase in fees. THE USE OF POUND FACILITIES AND SERVICES OF THE CITY OF CHULA VISTA 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, Scott, Egdahl, Hyde, Hamilton Noes: None Absent: None RESOLUTION NO. 7997 The Engineering Division is presently working with APPROVING AGREEMENT AND GRANT the staff of the Office of Architecture and Con- OF EASEMENT BETWEEN THE CITY struction and Department of General Services, OF CHULA VISTA AND THE STATE State of California for the construction of North OF CALIFORNIA FOR NORTH GLOVER Glover, Phase II, between Third Avenue and C Street AVENUE through the old DMV facility site. Negotiations City Council Meeting 13 December 23, 1975 are proceeding for the needed rights-of-way. The City has agreed to pay for the right-of-way and construction of the easterly half of North Glover Avenue at an estimated cost of $14,000. 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, Scott, Egdahl Hyde, Hamilton Noes: None Absent: None RESOLUTION NO. 7998 The proposed agreement provides for the installation APPROVING AGREEMENT WITH of the necessary coaxial cables, amplifiers, MISSION CABLE T.V. INC. splitters hardware, conduit, taps and transformers FOR THE INSTALLATION OF to supply cable television to the new Library. NECESSARY EQUIPMENT TO SUPPLY TELEVISION TO THE Councilman Hobel discussed past actions with the NEW CHULA VISTA LIBRARY Cable Company. Mr. Roberts, Director of Public Works, explained that if the City wanted overhead cable, Mission Cable would do that at no cost to the City but underground cables are charged. Councilman Hobel suggested a Conference be held with the company the first of the year for an up-to-date report on what they are doing. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hamilton Noes: Councilmen Hobel, Scott Absent: None ORDINANCE NO. 1656 The ordinance is amended regarding the physical REPEALING AND ADDING NEW examination and laboratory examination for syphilis SECTIONS TO THE CHULA VISTA and tuberculosis screening purposes. The ordinance MUNICIPAL CODE RELATING TO was placed on first reading at the meeting of FOOD HANDLERS - SECOND December 16, 1975. READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this ordin- reading and adopted ance 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: Hyde, Scott, Egdahl, Hobel, AYES: Councilmen Hamilton Noes: None Absent: None ORDINANCE NO. 1657 The annexation comprises 9.62 acres of City-owned APPROVING THE ANNEXATION OF land located at the northwest corner of East "H" CERTAIN UNINHABITED TERRITORY Street and 1-805 Freeway. It is uninhabited sur- KNOWN AND DESIGNATED AS EAST plus freeway right-of-way purchased by the City "H" STREET/I-805 ANNEXATION for $5,000. The ordinance was placed on first - SECOND READING AND ADOPTION reading at the meeting of December 16, 1975. City Council Meeting 14 December 23, 1975 Ordinance placed on second It was moved by Councilman Hyde that this ordin- reading and adopted ance 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, Scott, Egdahl, Hobel, Hamilton Noes: None Absent: None TRANSIT BOARD Councilman Scott asked for clarification of Section APPOINTMENT 6 of the resolution which stated that the Council having the power of appointment shall nominate one of its members to serve upon the Transit Board. It was his understanding that the Council of National City could appoint any member of the three Councils (Imperial Beach, Chula Vista, National City). If Mr. Camacho (National City appointee) performs well on the Board, Chula Vista could vote to con- tinue him on the Board for the sake of continuity. City Attorney Lindberg felt this modification would be acceptable and would transmit this information to the other city attorneys. It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that this second of the resolution be modified to indicate that the Council having the power of appointment shall appoint ~ member and not necessarily one of its members. REPORTS OF CITY OFFICERS REPORT ON I-S FREEWAY At the meeting of November 4, 1975 Council directed SIGNING FOR DIESEL FUEL staff to investigate the feasibility of the State Department of Transportation (CALTRANS) installing diesel fuel signs on 1-5 directing traffic to the fuel station on the southwest corner of Broadway and K Street. CALTRANS has indicated they will install directional diesel fuel signs on I-5 approaches to J Street exit only if the proprietor of the fuel station installs at the station a diesel sign that would be visible from Broadway. Director of Public Works commented that it would cost the City $25 to purchase the sign to be installed on J Street. Report accepted It was moved by Councilman Hobel and seconded by Councilman Hyde that the report be accepted and direct the staff to take the proper steps. Discussion of motion Councilman Scott felt the one person benefitting from having the sign on the freeway should pay the $25 for the sign. Motion amended It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the motion be amended that the person who benefits from the sign pay the $25.00 for the sign, if he will agree to do so. Original motion carried The motion to accept the staff report carried unanimously. City Council Meeting 15 December 25, 1975 REPORT ON CITY'S INVOLVEMENT The Directors of Planning and Public Works pre- IN REGIONAL TRANSIT PLAN sented the Council with the First Progress REFINEMENT Report of the Local Agency Technical Task Force for Transit Plan Refinement (LATTF). It was recommended that the Council schedule a workshop in January to discuss transit plan refinement and direct staff to contact local organizations such as the Chamber of Commerce, Broadway Association, Taxpayers Association, and offer to make presentations on the transit plan refinement. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report and recommendations be accepted. REPORT ON CHULA VISTA'S Assistant City Attorney Beam reported that the MUNICIPAL ELECTION District Attorney of San Diego County will no CAMPAIGN CONTRIBUTIONS longer be the enforcing officer for the Chula AND EXPENDITURES ORDINANCE Vista Campaign Ordinance. The District Attorney, Edwin Miller, further questioned the constitution- ality of several of its provisions. It was the Attorney's recommendation that the ordinance be repealed based on challenges set forth in an increasing body of case law, the duplication of reporting materials required by the enactment of Proposition Nine and the with- drawal from enforcement by the District Attorney. Deferred to next meeting It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be deferred to the next Council meet- ing. REPORT ON ALL-STATES Mr. Sid Cornell, Chairman of the Bicentennial BICENTENNIAL PROGRAM Committee, explained that the States will be recognized (one each Council meeting for 50 meetings) by a resolution from the Council honoring its contribution to the advancement of Chula Vista. A short summary of the state's history will be read and then the guests from that State will adjourn to a nearby room for some socializing on their own. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. Mayor Hamilton stated that all costs would be defrayed by the Bicentennial Committee. MAYOR'S REPORT Measures on Ballot Mayor Hamilton asked that if the Council has any measures they wish to place on the ballot at the April 13 election to get these to him and the Attorney prior to the meeting of January 6. City Council Meeting 16 December 23, 1975 Meeting with Congressman Mayor Hamilton said he would be meeting with Van Deerlin Congressman Van Deerlin on December 29 at 2:00 p.m. to ask his support for revenue sharing. Invita- tions have been sent to several representatives of different organizations in town to join him at this meeting. The Mayor invited the members of the Council to be present at this meeting. Christmas Greetings The Mayor and the Councilmen extended everyone a happy holiday season. Inspection of 456 Casselman Street Councilman Hyde requested that the staff make an inspection of the building at 456 Casselman to see if it complies with the Building Code because of the large number of modifications made to the structure. City Attorney stated it is one of the conditions of approval. Motion for staff investigation It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the staff investigate the manner in which properties are handled in the transition from R-1 to R-3 development to insure that appropriate planning for traffic and compatibility with the new types of zoning that are authorized is provided for. WRITTEN COMMUNICATIONS Verified claim for damages - Ms. Cohen filed a claim in the amount of Betty R. Cohen, 276 Fig, Apt. C $11,985.45 stating that on September 13, 1975 Chula Vista she tripped on a crack in the sidewalk on Garrett Street near the corner of Davidson, fell and broke her nose. Claim denied It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Request for City to enter into Mr. James E. Miller, 4819 Whippoorwill Lane, arrangement with property Bonita, requested that the City enter an owners for acquisition of pro- arrangement with several of the property owners posed sewerline for the acquisition of a proposed sewerline known as the Grevillea Sewer Extension Project. Mr. Miller drew up an agreement listing the terms and conditions. Referred to staff It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the staff proceed with the annexation that the Council directed them to take at a previous meeting re- garding the request of Frank Phillips, which involves this property and is already in the process. This is to be included in the regular series of events already started by staff. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:20 a.m. to the meeting scheduled for January 6, 1976 at 7:00 p.m.