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HomeMy WebLinkAboutcc min 1975/12/09 MINUTES OF A REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. December 9, 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: Councilmen Scott, Hobel, Hyde (Mayor Hamilton and Councilman Egdahl arrived late) Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Paterson, Community Development Director Desrochers, Assistant City Attorney Beam, 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. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried by those present that the minutes of the meeting of November 25, 1975 be approved, copies having been sent to each Councilman. PRESENTATION BY PORT Mr. C. R. Campbell, Port Commission, gave the COMMISSIONER Council a status report on the activities of the Bayfront. Mr. Campbell discussed the "J" Street launching ramp, the navigation channel improvement and the recently enacted curfew at Lindberg Field. (Mayor Hamilton arrived at this time) ORAL COMMUNICATIONS David Knox Mr. Knox said he understood from the Director 65 Davidson of Finance that there is $30,000 set aside for Chula Vista tennis court improvements. He asked that this money be used for construction of new courts at General Roca Park. Mr. Knox presented a petition with 45 signatures favoring this pro- posal. (Councilman Egdahl arrived at this time) Gene Martin Mr. Martin discussed the pole sign at 1-805 and 3751 Putter Place Bonita Road (Mex-Ins and Love's) stating that Bonita it did not conform to the sign ordinance. He asked the Council to esteb~ish a policy that regardless of how the signs are approved (precise plan, variance), they would have to conform to the sign ordinance. David Poret Mr. Poret reminded the Council that there are Youth Commission six vacancies on the Youth Commission and they cannot hold meetings due to lack of quorums. Mayor Hamilton stated that interviews for these students will be set up the first of next week. City Council Meeting 2 December 9, 1975 PUBLIC HEARING - (Cont'd) This item was continued from the meeting of CONSIDERATION OF PUBLIC November 18, 1975. The City may expect INPUT RELATIVE TO THE HOUSING $627,000 in funds this year. The public AND COMMUNITY DEVELOPMENT ACT hearing was scheduled for the purpose of OF 1974 eliciting responses from the community re- garding current or potential programs. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Jim Gro~h Mr. Groth said he was the Community Director 710 Monterey Court for Harborside School. Their Advisory Council San Diego wishes to apply for these Block Grant funds for (1) night lighting of the athletic fields, (2) establishment of a teen center. Robert L. Alcaraz Mr. Alcaraz asked that the debt they have with President the city for the improvements of public Board of the Starlight Center property be retired by these Block Grant funds. Mr. Alcaraz asked for a 60-day extension of the first payment which is due on January 31, 1976. Mayor Hamilton asked that the Board of Star- light submit this request, in writing, to the Council. As to the request to use the Block money to erase Starlight's debt, the City Attorney will have to investigate the legalities. Richard Callahan Mr. Callahan stated he was representing the 77 Broadway Chamber of Commerce and the Broadway Association. Both organizations are giving total support to Starlight's request. Karen Merry Kloman Ms. Kloman asked that consideration be given 4748 Edgeware Road to purchasing the "Our House" property. The San Diego current price is $80,000; however, she felt the City could negotiate for a better price. In answer to Councilman Hyde's question, Ms. Nancy Newhouse, Administrator, "Our House", remarked that the federal fund grants they have received cannot be used for acquisition of the property. Ken Kolk Mr. Kolk asked the Council to consider using Businessman of some of these funds to acquire a 8 or 10 the community acre parcel of land on which the various activities in the City can locate, such as YMCA, Girl~t Club, Boys' Club, etc. Letter read from Ms. Thonneson asked that the money be used Jay Thonneson, for the preservation and provision of low/ League of Women Voters moderate income housing. Letter from MAAC project It was noted for the record that MAAC requested the City to enter into a joint powers agreement with the County of San Diego and Chula Vista Elementary School District for the construction of a multi-service center in Otay. City Council Meeting 3 December 9, 1975 Letter from the The Jaycees rank as top priority the clearance, Jaycees demolition, removal and rehabilitation of buildings and improvements; (2) Code enforcement in deteriorated areas; (3) removal of archi- tectural barriers restricting any use by elderly or handicapped persons; (4) preparation of Community Development Plan. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. PUBLIC HEARING - Director of Planning Peterson referred to his CONSIDERATION OF APPEAL written report to the Council in which he BY FRANK FERREIRA OF explained that on November 10, 1975, the PLANNING COMMISSION Planning Commission denied a conditional use DENIAL OF CONDITIONAL permit to install a 4-pump self-service gasoline USE PERMIT APPLICATION station at this location. The applicant is PCC-75-21 TO INSTALL now appealing this decision. SELF-SERVICE GASOLINE pLrMPS AT WHISPERING Mr. Peterson submitted a plat noting the loca- TREES VILLAGE, 88 EAST tion of the proposed business stating that the BONITA ROAD IN C-N ZONE staff was unable to make the required findings for approval. The applicant has not demonstrat- ed that a new service station is justified in this area and the proposed location disrupts the existing center and has the potential for causing traffic entering the site to back up into Bonita Road. On November 10, 1975, the Planning Commission denied the request. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Peter Shenas Mr. Shenas stated that he is the Attorney for 110 West A Street Mr. Frank E. Ferreira. Mr. Ferreira first San Diego attempted to procure a building permit which was denied. He then applied for the con- ditional use permit. Mr. Shanas stated that the building permit was improperly denied his client as the pumps he is seeking to construct are not an automobile service station pursuant to the City's ordinance. Mr. Shenas asked the Council to hear Mr. Ferreira without prejudice, as he still maintains the position that the building permit was unlawfully denied. Frank E. Ferreira Mr. Ferreira explained that the Carriage 270 Bonita Glen Drive Trade Store in Whispering Trees Shopping Chula Vista Center has increased its business considerably and listening to the comments of the customers, he realized that a cut-rate gasoline facility was needed in the area. A petition was circulated which was signed by 465 people favoring the self-service pumps. Mr. Ferreira submitted five alternate plans for the location of the pumps. Mr. Ferreira read the definition of a "Service Station" as defined in the City Code claiming that this operation did not meet the criteria and cannot be termed a service station. By denying the request, ~he Planning Commission has denied him the right to sell another product. City Council Meeting 4 December 9, 1975 Alternate plans Mr. Paterson commented that the alternate plans presented by Mr. Ferreira tonight were not considered by the Planning Commission or staff. He noted that three of the plans had radical changes and should go back to the Planning Commission. Council discussion Discussion ensued concerning relocation of the pumps to a westerly direction, the definition of a service station, requirements of the C-N zone, and the traffic pattern which will occur. Joe Scannicchio Mr. Scannicchio stated that the Chamber feels President the Planning Commission overstepped its Chamber of Commerce boundaries in zoning matters and expanding its responsibilities to the matters of economy. It should deal with land use only; however, it is crossing the line into social- ism where the government decides what to market. The Chamber is requesting that Mr. Ferreira be granted his permit. Speaking in opposition Speaking in opposition to the proposal were Larry Ansell, 39 Sandalwood Drive, Jack Wolf, 28 Sandalwood Drive, Martha Zumstein, 68 Bonita Road~ 3ohn Handerson~ 21 Sandalwood~ and A. E. Pellerin~ 249 Eucalyptus Court. Their reasons were (1) this is a residential neighborhood and the operation would detract from this character; (2) the traffic problem which will result; (3) noted the service stations within a one-mile radius; (4) cars are parking on both sides of Sandalwood Drive now; (5) the semi-trucks that will have to come in to fill the tanks will have to use Sandalwood Drive; (6) the parking spaces at the Center are now filled to capacity and there is trouble with ingress and egress. In rebuttal Mr. Ferreira declared that the parking spaces in the Center are in excess of those required by the City. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Discussion followed with the staff on the development of the shopping center as a whole, requirements of the C-N concerning service stations, and the drainage problems on asite to the west of this location prohibit the moving of the pumps. Appeal denied It was moved by Councilman Hyde and seconded by Councilman Scott that the appeal be denied. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel Noes: Mayor Hamilton Absent: None City Council Meeting 5 December 9, 1975 Recess A recess was called at 9:05 p.m. and the meeting reconvened at 9:21 p.m. PUBLIC HEARING - Director of Planning Peterson submitted a CONSIDERATION OF plat noting the area in question. He referred SPECIFIC PLAN FOR to his report to Council explaining that there FIVE PARCELS OF are five parcels in this area that need access PROPERTY TOTALLING (3 owned by Bonita Racquets and 2 by Kaiser). 6.7 ACRES IN THE Since they would not agree to a joint drive- 3900 BLOCK OF BONITA way to Bonita Road, the staff prepared a ROAD Specific Plan for a dedicated street and cul-de-sac pursuant to Section 65490 et seq. of the State Planning and Zoning Law. This plan was rejected by the Planning Commission by a 4-2 vote; however, the Safety Commission recommended approval. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. James Baldwin ~r. Baldwin said he is the Assistant Secretary 555 South Flower Street to the Kaiser Health Plan. He noted on the Los Angeles plat the egress and ingress of people coming to the Clinic and the Racquetball Club. One problem they are concerened about is having the people enter from Willow Street, crossing their property, and going to the Racquetball Club. He declared it was important for Kaiser to have a separate access route to the Clinic. Mr. Baldwin commented that Kaiser also owns Parcel #5 and they are willing to move their driveway in any direction on this parcel and, further, will usa this parcel for added parking. Mr. Baldwin questioned the legality of having this matter come before the Council inasmuch as the Planning Commission denied the staff's Specific Plan and it is the Planning staff, not the Commission, who is presenting the plan to the Council. Ken Kolk Mr. Kolk stated he is a general partner of 530 Azalea Bonita Racquets. They have made several Chula Vista attempts to compromise with Kaiser on a common driveway; however, they now support the staff's Specific Plan since there will be approximately 5000 cars using this access route during the day. Mr. Kolk noted the traffic speed along Bonita Road, the left-turn lane, Kaiser's plan and then recommended a new traffic pattern for Kaiser's area. Mary ~ane Perkins Mrs. Perkins read a letter from Mr. Bob Crane, 205 Camino del Cerro Grande 4950 Butternut Hollow Lane, Bonita, in which Bonita he stated that the joint cul-de-sac was the only solution to serve both properties. Gene Martin Mr. Martin, President of the Sweetwater Valley 3751 Putter Place Civic Association, stated that safety was the Bonita paramount issue. He commented that there will be horses crossing both properties and this must be considered. City Council Meeting 6 December 9, 1975 Carol Oliver Ms. Oliver explained she was Secretary of the 5237 Central Avenue Bonita Business and Professional Association which organization supports the concept of the Joint cul-de-sac. P. J. Tillery Mr. Tillery said he was concerned about this 796 Dory Lane "big legislative body ... dictating to this Chula Vista man how he was to develop his property." If there is a traffic problem, then the speed limit on Bonita Road should be lowered. Council discussion Council discussion followed in which the staff was questioned on the traffic pattern, the width of the driveways, proposed left-turn along Bonita Road, and the joint cul-de-sac being a one-way pattern. James Baldwin ~. Baldwin declared they would develop parcel #5 and parcel #1 as one parcel with additional parking going on parcel #5. In answer to the Council's questions, Mr. Baldwin indicated that the reason for a separate driveway is based not as much on insurance papers but on the safety factor. They will pnt the driveway anyplace on parcel #5 subject to staff's approval. Dan Hartley Mr. Hartley is the manager of the Racquet 3333 Orange Avenue, Club. He emphasized that the plan is conceptual Coronado only, and if Kaiser's driveway is shifted easterly it would just mean a shifting of the traffic problem to the 76 Service Station on the corner. Clarence Knight Mr. Knight suggested that a wall be built down 117 Jefferson Street to within about 100' of Bonita Road. Using Chula Vista one ingress, have yield signs put up at the base of the wall indicating a left turn for Bonita Racquets and right turns for Kaiser. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion for ~o It was moved by Councilman Hobel and seconded driveways by Councilman Scott that the staff be directed to work with the two applicants for the individual driveway systems, the distance to be defined in working with them (separated driveways). Amendment to It was moved by Councilman Hyde that the motion motion be amended to have staff also refine the plan submitted here tonight with an attempt to satisfy the objections proposed by the Kaiser interests. No second to amendment The amended motion died for lack of second. Motion for 2 driveways The motion carried by the following vote, carried to-wit: AYES: Councilmen Hobel, Scott, Hyde, Egdahl Noes: Mayor Hamilton Absent: None Recess A recess was called at 10:40 p.m. and the meeting reconvened at 10:57 p.m. City Council Meeting 7 December 9, 1975 PUBLIC HEARING - By Resolution No. 7961 dated November 25, TO DETERMINE WHETHER 1975, the City Council directed that the matter THE MAINTENANCE OF of community households located at 424 Westby CERTAIN HOUSEHOLDS IN Street, 57 Third Avenue, 245 Ash Avenue and THE R-1 ZONE ARE IN 1153 Nolan Avenue be set for public hearing to VIOLATION OF CHULA determine whether said households exist in VESTA CITY CODE AND violation of the zoning ordinance and con- CONSTITUTE A PUBLIC stitute public nuisances. NUISANCE City Attorney's Attorney Lindberg explained that the hearing was statement called for the purpose of conducting an inquiry to determine whether or not certain houses located within the R-1 zone constitute a public nuisance. Mr. Lindberg read that section of the City Code relating to public nuisances. He discussed the definition of a single-family unit and that of a family. In June of this year, the Council ordered that the community households in the R-1 zones cease to exist and six months was given to allow those households to find different accommodations. The six-month period is now elapsed. Assistant City Mr. Beam yielded to Attorney Cannon to present Attorney Beam his request to quash the subpoenas. William S. Cannon Mr. Cannon stated he is the attorney for First Stickney Ortlieb Moats and Baptist Church and the people subpoenaed tonight. Burn He asked for a motion to quash the subpoenas ex- 303 A Street plaining that it was an economic matter because San Diego he could have taken the motion, by form of writ of mandate, to Superior Court, paid a $60.00 fee, and the Council would have had to issue the subpoenas properly. Mr. Cannon cited Government Code section in which the Mayor is required to sign the subpoenas - this was not done in this case; the subpoenas were attested by the City Clerk. Assistant City Mr. Beam declared that it was on the directive Attorney Beam~ of the City Council that the subpoenas were issued. Mr. Beam read those sections of the Charter which allow the Council to issue sub- poenas. He added that Chula Vista is a Charter City and, as such, has home rule powers granted by State Legislature. City Aftorney's opinion Mr. Lindberg explained that if the Council ac- cepted the motion to quash, the subpoenas would have to be reissued. He added that he does not concur with the arguments presented by Mr. Cannon - the subpoenas were issued according to the pro- cedures prescribed by the Charter. Motion to quash denied It was moved by Councilman Hyde and seconded by Councilman Hobel that the motion to quash be denied. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Egdahl, Hamilton Noes: Councilman Scott Absent: None Attorney Cannon Mr. Cannon stated he wanted to make the following point "crystal clear": his clients will do everything in their power to comply with the City's wishes to move into R-3 zones as soon as possible. However, they have no City Council Meeting 8 December 9, 1975 R-3 zones which are "legal" right now for the community households. Mr. Cannon re- quested a three-month continuance on this matter so that they can come into compliance with R-3 zones. Request for extension It was moved by Councilman Scott, seconded denied by Councilman Hyde and unanimously carried that the request be denied. Council discussion The Council informed Mr. Cannon that at no time did they direct the community households to move from the R-1 to the R-3 zones. It was also pointed out to Mr. Cannon that moving from the R-1 zone was not based upon the fact that R-3 was available. Ken Pagard called Assistant City Attorney Beam called the first witness, Mr. Ken Pagard. Assistant City Attorney Mr. Pagard was sworn in by the City Clerk Beam's questions stating his name as Ken Pagard residing at 424 Westby Street, Chula Vista, for 6-1/2 years. The residence is known as Westby House and is under the sponsorship of the First Baptist Church. He is the head of the house and responsible for the household. When Attorney Beam asked how many people resided at this address, Attorney Cannon objected and advised Mr. Pagard to exercise his rights under the Fifth Amendment. City Attorney's opinion Mr. Lindberg declared that he has prepared letters of immunity for each of the witnesses so that there would not be future criminal prosecution if the answers given this evening would be in violation of the zoning ordinance. Letter read into record Mr. Cannon read the letter into the record in which Mr. Pagard was granted immunity from criminal prosecution regarding his testimony tonight. Mr. Cannon objected to the wording asking that the word "alleged" be referred to in the abatement of the nuisance and withdrew his objection on the Fifth Amendment grounds. Ken Pagard's testimony In answer to Assistant City Attorney Beam's questions, Mr. Pagard stated he has 19 people living at this address consisting of two couples having 4 and 2 children respectfully. The other individuals residing in the home are not related by blood, marriage or adoption. There are 7 bedrooms in the home, and to his knowledge, there hasn't been any increase in the household since July. In answer to Attorney Cannon's cross-examination, Mr. Pagard explained that he considers his household a "family." They have a very deep, committed relationship to each other - a lifetime committment. There is no marriage between himself and three or four other women in this household. Most of the people have lived in this home for several years. City Council Meeting 9 December 9, 1975 In answer to City Attorney Lindberg's question, Mr. Pagard stated that all of the people living in the household are "servants" - to himself and to each other. They all do domestic functions. In answer to the Council's questions, Mr. Pagard stated that there were 6 members under the age of 18 and 5 under the age of 10 years. Dolan W. Wolford's Assistant City Attorney called Mr. Wolford and testimony he was sworn in by the City Clerk. In answer to Mr. Beam's questions, Mr. Wolford stated that he resides at 57 Third AVenue, is the head of the household, and has resided here for over a year. Fifth Amendment When asked how many persons reside at this house, Attorney Cannon objected and advised his client to take the Fifth Amendment. MZ~ Beam pr~ented M~. Cannon with the letter which was read into the record granting Mr. Wolford immunity from criminal prosecution regarding his testimony. Mr. Cannon objected to the work "alleged" and withdrew his ob- Jection regarding the Fifth Amendment stand. Mr. Wolford continued his testimony answering the questions by Mr. Beam. He stated he has 20 persons living in his home; three couples, one having 1 child, 1 having 2 children and another couple having three children. The other persons residing at this address are not related by blood. There are six children under the age of 18 years. No increase or decrease since July in the members of the household. In answer to Attorney Cannon's questions, Mr. Wolford said he considers himself and the other members of his household "family members." In answer to Council's questions, Mr. Wolford remarked that there were five members under the age of 10 years. Phil Woodend's Assistant City Attorney called Mr. Woodend as testimony the next witness and he was sworn in by the City Clerk. In answer to Mr. Beam's questions, Mr. Woodend stated that he resides at 1153 Nolan Avenue and has for the past 10 months. He is the head of the household. When asked how many persons reside in the house- hold, Mr. Woodend was advised by his attorney to take the Fifth Amendment. Mr. Beam presented Mr. Cannon with a letter amended with the word "alleged" which was read into the record granting Mr. Woodend immunity from criminal prosecution regarding any of his testimony this evening. He then withdrew his objection. City Council Meeting 10 December 9, 1975 Mr. Woodend continued answering Mr. Beam's questions stating that he has 7 persons residing in his household. Five are related by marriage - his wife and three sons. The other two members are not related in any way to himself or his wife. Mr. Cannon had no questions on cross-exam- ination. Arthur S. Alari's Mr. Alari was called by the Assistant City tmstimony Attorney and was sworn in by the City Clerk. He resides at 245 Ash Avenue and is the head of the household. He has resided here for approximately one year. When asked how many persons reside at this address, Mr. Alari was advised to take the Fifth Amendment by Mr. Cannon. Mr. Beam presented Mr. Cannon with the amended letter which was read into the record granting Mr. Alari immunity from criminal prosecution regarding his testimony. Mr. Cannon withdrew his objection regarding the stand on the Fifth Amendment. Mr. Alari continued answering Mr. Beam's questions stating he has 11 people residing in his household consisting of himself, his wife and two children; one single girl who has a little girl. The other five are not related in any way. There were 12 people living here in July. In answer to Council's questions, Mr. Alari stated of the remaining five members, none were under the age of 18. Attorney Cannon has no questions on cross- examination. Michael Phillipo's Attorney Beam called Mr. Phillipo as his next testimony witness. He was sworn in by the City Clerk. Mr. Phillipo stated he resides at 245 Ash Avenue and has for approximately one year. It is referred to as the Ash Avenue House. When asked how many persons reside at this address, Mr. Phillipo was advised by his attorney to take the Fifth Amendment. Mr. Beam presented Mr. Cannon with the letter granting Mr. Phillipo immunity from criminal prosecution regarding his testimony. Mr. Cannon withdrew his objection. Mr. Phillipo stated that 11 persons reside at this address consisting of the people described by Mr. Alari in his previous testi- mony. City Council Meeting 11 December 9, 1975 Mr. Cannon had no questions on cross- examination. Case rested At this time, Mr. Beam consulted with the City Attorney on one item. He then stated he is resting his case subject to cross examination of any witness Mr. Cannon might produce. Proceedings closed Mayor Hamilton closed the public hearing at this time. Closing argument Attorney Beam referred to the testimony given by Mr. Beam by Mr. Pagard regarding the 19 members of his household. He asked the Council to direct the City Attorney's office to bring back a resolution stating that based upon the testimony offered by Reverend Pagard, the location at 424 Westby is in excess of the occupancy allowed by the R-1 zone and declaring it to be a public nuisance. Mr. Beam offered the same argument on the houses at 57 Third Avenue, 1153 Nolan Avenue and 245 Ash, based upon the testimony given by members of the households on the number of persons residing there. Closing argument Attorney Cannon referred to the Nolan Avenue by Mr. Cannon residence stating there were only two unrelated individuals living at this address. He asked the Council to be very careful over the definition of a "family" which he feels will be Vlitigated way down the road" in this particular case, These people feel they are a family even though not in the traditional concepts. Motion to declare It was moved by Councilman Scott, seconded by public nuisances Councilman Hyde and unanimously carried that the City Attorney be directed to bring back a resolution declaring 424 Westby Street to be a public nuisance. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Attorney be directed to bring back a resolution declaring 57 Third Avenue to be a public nuisance. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the City Attorney be directed to bring back a resolution declaring 245 Ash Avenue to be a public n~isance. Motion not to declare It was moved by Councilman Scott, seconded by public nuisance Councilman Hobel and unanimously carried that the residence at 1153 Nolan Avenue not be declared a public nuisance. Recess A recess was called at 12:25 a.m. and the meeting reconvened at 12:45 a.m. City Council Meeting 12 December 9, 1975 PUBLIC HEARING - On November 25, 1975, the City Council filed CONSIDERATION OF AN APPEAL the request by Reverend Ken Pagard for post- OF THE PLANNING COMMISSION'S ponement of the appeal. Reverend Pagard has DECISION APPROVING A CONDI- withdrawn the original plan and filed revised TIONAL USE PEtlMIT FOR A plans for development of the subject property ROOMING HOUSE (COMMUNAL which will be considered by the Planning HOUSEHOLD) AT 153 BRIGHTWOOD Commission on December 8. This item was placed on the agenda because it had previously been advertised for public hearing for this date in accordance with normal procedures. No Council action was required. RESOLUTION NO. 7962 - On November 18, 1975, Mrs. Vivian Dennie, INTENTION TO CALL A PUBLIC Chairperson of the Advisory Committee, sub- HEARING FOR THE PURPOSE OF mitted a proposed budget to the Council LEVYING AN ADDITIONAL which would assess every merchant in the BUSINESS LICENSE TAX UPON area a fee equal to twice their license THE AREA FOR THE PURPOSE fee. The money would be used for promotions OF THE GEN~ERAL PROMOTION OF within the District. RETAIL TRADEAND FIXING THE DATE OF DECEMBER 23, 1975 AS The public hearing is being set for December THE PUBLIC HEARING 23, 1975 Resolution offered Offered by Councilman Egdahl, the reading of tile text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde, Scott Noes: None Absent: None RESOLUTION NO. 7963 - Pursuant to Council's approval for a Transit APPROVING AGREEMENT WITH Development Study to evaluate Chula Vista's BARTON - ASCHMAN ASSOCIATES, present and future transit requirements and INC. FOR THE PREPARATION OF to develop long and short term alternatives A TRANSIT DEVELOPMENT PLAN, for meeting those requirements, the staff AUTHORIZING THE MAYOR OF has screened several proposals made by trans- SAID CITY TO EXECUTE SAID portation consultants. It was the staff's AGREEMENT, APPROPRIATING recommendation that the firm of Barton- FUNDS AND AUTHORIZING AN Aschman Associates, Inc. be approved to make AMENDMENT TO CHULA VISTA this study at a cost of $18,250. Director of 1975-1976 LTF FUND CLAIM Public Works Robens recommended that the Mayor appoint a citizen's group for workshop/ forums. In answer to Councilman Hobel's query, Director of Public Works Robens said that the staff and consultant will coordinate all elements with CPO. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Hamilton Noes: None Absent: None City Council Meeting 13 December 9, 1975 Motion for CPO request It was moved by Coungilman Hyde, seconded by Councilman Hobel and unanimously carried to approve the request to be made to CPO to change this City's FY75-76 LTF claim to in- clude the cost of this study - to-wit: $18,250. Motion for citizens' committee It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried to authorize the Mayor to appoint a citizens' group for workshop forums. Committee composition Mayor Hamilton stated he would appoint one member from each of the following organizations to serve on this committee: Chamber of Commerce, Sweetwater Union High School District, Chula Vista Elementary School District, Committee on Aging, Environmental Control Commission, Planning Commission, Human Relations Commission, Taxpayers' Association, Youth Commission, two bus drivers from different geographic areas of the City, on~ member to represent handicapped persons, one member from League of Women Voters, and one member with transit expertise from Rohr Industries. RESOLUTION NO. 7964 - Three risk management firms submitted the ACCEPTING THE PROPOSAL OF following proposals: WARREN, McVEIGH, GRIFFIN AND HUNTINGTON FOR A RISK Warren, McVeigh, Griffin & Huntington $ 3,500 MANAGEMENT AUDIT Mund, McLaurin & Company 6,000 EBASCO Risk Mgm. Consultants 10,500 It was recommended that the Council accept the p=oposal of Warren, MeVeigh, Griffin and Huntington in the amount of $3,500. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde, Scott Noes: None Absent: None RESOLUTION NO. 7965 - In a written report to the Council, Director AUTHORIZING CHANGE ORDER of Public Works Robens stated that the #21 AND #27 TO THE CON- Director of Building and Housing and the STRUCTION CONTRACT FOR THE Project Coordinator recommended approval of CHULA VISTA LIBRARY Change Orders #21 and #27. Change Order #21 is for labor and materials required for ceiling and lighting installation in the extension services room of the library. ($2,692) Change Order #27 is for labor and materials required for changes and additions to electrical service and controls. ($1,673) City Council Meeting 14 December 9, 1975 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde, Scott Noes: None Absent: None RESOLUTION Public Works Director Robens submitted a ACCEPTING REPORT AND PROPOSED report which provided specific recommendations MODIFICATIONS TO THE 1975-76 for modifying the 1975-76 Capital Improvement CAPITAL IMPROVEMENT PROGRAM Program. AND PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR Mr. Robens discussed the report which pmovides THE PUP. POSES SET FORTH IN THE for the construction ofl~the Municipal Golf REPORT Course parking lot expansion, five new Gas Tax projects, increased funding for five additional Gas Tax projects, the elimination of four Gas Tax projects and an expansion of the street overlay program. Beacuse of the complexity of the report, Mr. Robens recommended that it be carried over to a Council Conference. Scheduled for It was moved by Mayor Hamilton, seconded by Council Conference Councilman Hyde and unanimously carried that this Resolution be set for a Council Conference on December 17, 1975 at 4:00 p.m. RESOLUTION NO. 7966 - On November 25, 1975, the City Council held a WAIVING THE IR~DERGROUNDING public hearing and directed that a resolution OF EXISTING UTILITIES ON be brought back waiving the requirements for SECOND AVENUE AND THE undergrounding the existing overhead 12 KVA DEFERRAL OF UNDERGROUNDING line on Second Avenue and deferring the EXISTING UTILITIES ON PALOMAR requirement that the existing overhead 12 STREET ADJACENT TO THE BOUNDARY KVA line on Palomar Street be undergrounded at OF CHULA VISTA TRACT NO. 75-2 this time adjacent to the boundary of Chula Vista Tract No. 75-2. This is conditioned upon the subdivider entering into an agreement with the City stipulating the acceptance of the establishment of an undergrounding dis- trict at some future date and waiving any protests against such a district. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Hamilton Noes: None Absent: None City Council Meeting 15 December 9, 1975 RESOLUTION NO. 7967 - At the request of the City Manager, the AMENDING THE FINAL BUDGET budget is being amended to reclassify the FOR THE FISCAL YEAR BEGINNING position of Administrative Analyst I in the JULY 1, 1975 AND ENDING Community Development Department and sub- JUNE 30, 1976 AND ESTABLISHING stitute the position of Administrative THE CLASSIFICATIONS AND COM- Assistant. PENSATION OF CLASSIFIED EMPLOYEES BY ADDING AND DELETING CERTAIN CLASSIFICA- TIONS TO ACTIVITY NO. 1260 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 RESOLUTION NO. 7968 - Notice will be sent to the occupants of the DIRECTING THE CITY ATTORNEY following addresses: TO GIVE NOTICE TO SOME FONR COMMUNITY HOUSEHOLDS TO APPEAR 206 Fifth Avenue, C.V. BEFORE THE CITY COUNCIL ON 81 Mitscher Street, C.V. JANUARY 6, 1976 TO SHOW CAUSE 174 Landis Avenue, C.V. WHY THE MAINTENANCE OF SAID 65 Mitscher Street, C.V. HOUSEHOLDS SHOULD NOT BE DECLARED A PUBLIC NUISANCE AND ABATED BY APPROPRIATE LEGAL ACTION 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 ORDINANCE NO. 1655 - The ordinance sets up a uniform procedure for AMENDING THE CITY CODE BY abatement including the right of appeal, the ADDING A NEW CHAPTER 1.30 assessment of costs and the collection of ENTITLED "ABATEMENT OF costs for such abatements. PUBLIC NUISANCES" - ALL RELATING TO PROCEDURES FOR THE ABATEMENT OF PUBLIC NUISANCES - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Scott 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 Scott, Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None City Council Meeting 16 December 9, 1975 REPORT ON PRELIMINARY City Manager Cole reported that each county SAN DIEGO REGIONAL in the State is required by State legislation SOLID WASTE MANAGEMENT to adopt a Solid Waste Management Plan by PLAN January 1, 1976. Development of the pre- liminary plan has involved the input of the County and representatives from each of the 13 cities in the County. Mr. Dick Chase of the Chula Vista Sanitary Service was this City's representative. Mr. Cole referred to his written report in which he highlighted the major conclusions and goals of the plan and asked the Council to approve it in principle as a framework for a coordinated approach to solid waste management and development over the next 25 years. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. Painted Fire Hydrants City Manager Lane Cole reported that one organization in the City has already started painting fire hydrants along Third Avenue. This was done a little ahead of schedule; however, the Manager's office has now written up a set of procedures and anyone interested in painting a fire hydrant can call the Fire Department and get these details. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON THE PROTECTION On August 20, 1975, the California Highway OF REGIONALLY SIGNIFICANT Commission notified local agencies that it STATE HIGHWAY RIGHT-OF- may proceed with the rescission of several WAY WITH FAU FUNDS State Routes. Director of Public Works Robens submitted a report to the Council in which he discussed the recommendations of the Thoroughfare Advisory Committee as possible solutions to this issue. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council does endorse the Thorough- fare Advisory Committee's recommendation to approve in principal the use of potential · 1975 Highway Act FAU funds for the protection of State Highway right-of-way. Further, the Mayor is to send a letter to the Department of Transportation endorsing said recommendation by the Thoroughfare Advisory Committee. REPORT ON PROPOSED Director of Public Works Robens presented a FEDERAL AID URBAN report in which he listed the projects for PROGRAM SUBMISSION Federal Aid Urban (F.A.U.) funding as requested by the City-County Thoroughfare Cor~nittee. The list amounted to a total of $3,646,835 as follows: City Council Meeting 17 December 9, 1975 Traffic Signal Control Computer Modification $ 28,750 Telegraph Canyon Road Improve- ments, Oleander Avenue to Otay Lakes Road 1,721,335 Tidelands Avenue Improvements, from "E" Street to "G" Street 1,171,710 Willow Street Bridge Widening 725,040 Grand Total ..... $3,646,835 Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON LIBRARY A report was submitted by the Director of LANDSCAPING public Works in which he explained that the Landscape Architect has now found that only 500 cubic yards of fill will be required to meet the original grading and landscaping plan rather than the 3500 cubic yards as previously reported to Council.(at a cost of $600). It was recommended that the staff proceed with the original grading plan. The cost of the fill will be met by reducing the size of some trees in the north area. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORT ON JAMBS COURT As directed by Council, the Director of Public IMPROVEMENTS WEST OF Works submitted a written report detailing FOURTH AVENUE the background of the deferral of public improvements granted to Theodore W. and Nathaneal Melton at 441 James Court. Mr. Robens noted that efforts to obtain signatures of property owners representing 50% or more of the assessable property with the boundaries of a proposed 1911 Improvement Act have proved unsuccessful. It was the staff's recommendation that the Council direct the City Attorney to foreclose on the lien per the lien agreement between the City and Theodore Melton and that the Director of Public Works proceed with the installation of the public improvements fronting 441 James Court with City forces. Lien cost Councilman Egdahl asked if it was possible to make the liens on some sort of sliding scale which would be tied to the cost of improvements. City Attorney answered that the lien provides security but the cost is for the full amount. He would investigate the sliding scale proposal. City Council Meeting 18 December 9, 1975 Motion to foreclose It was moved by Councilman Hyde, seconded on lien by Councilman Egdahl and unanimously carried to accept the staff's recommendation - directing the City Attorney to foreclose on lien and authorizing proceedings with the public improvements by City forces. ILEPORT ON OFF-ROAD Chief of Police Winters reported on the VEHICLE COMPLAINTS problem of combating the off-road motorcycle problem. It was the Chief's recommendation that news coverage be expanded to the public informing them that there is no legal place to ride an off-road motorcycle in Chula Vista; to ask the Courts for their support; and to arrest anyone running from an officer when apprehended on his motorcycle. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that (1) a letter be directed out of the Mayor's office to the applicable judges in charge of this expressing the Council's concern in their more-than-adequate support of this program, and (2) that the City go on a program of more strict enforcement than they are presently doing; (3) the recommen- dations of the Chief of Police be adopted. REPORT ON THE WEEKEND Diractor of Parks and Recreation Hall fa- USE OF LOMA VERDE commended that the Loma Verde Center be RECREATION CENTER reopened on Sunday afternoons from 12:00 noon to 5:00 p.m. for a period of six months and that a more structured racreation program be offered to the residents of this area. The cost of the program would be $759.20 for leadership. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORT ON FENCING OF Mr. and Mrs. P. A. Schlesinger, 360 East PARK PROPERTIES Prospect Court have built a free-standing wall the length of their back yard bordering the City park located south-east of Palomar Elementary School at a cost of $1,401.12. Mr. Duane Norris, 239 Alpine Avenue b~ilt a chain link fence adjacent to the park area bordering his property at a cost of $119.00. Both property owners are requesting that the City reimburse them for one-half of the costs. Council discussion Council discussed its previous policy regarding the fencing at Hilltop Park noting that the Norris' property falls under this category. Motion granted for It was moved by Councilman Egdahl, seconded Norris by Councilman Hyde and unanimously carried that the City participate in the cost of the fencing for Norris' property. City Council Meeting 19 December 9, 1975 Motion to deny request It was moved by Councilman Hyde, seconded of Schlesinger by Councilman Scott and unanimously carried that the request of Mr. and Mrs. Schlesinger be denied. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Cnuncilman Hyde and unanimously carried that an Executive Session be called after "Written Communications" for pending litigation. MAYOR'S P. EPDRT Mayor Hamilton invited the Council and public to the Fourth Annual Christmas Tree Lighting Ceremony on Wednesday, December 10, 1975 at 7:00 p.m. in front of City Hall. COUNCIL COMMENTS Councilman Hyde reported on the Conference held in Miami Beach at which Revenue Sharing and Urban Conservation was discussed. Christmas Parade Councilman Hobel and Councilman Egdahl reported on the Christmas Parade at which they represented the Council - December 1. Traffic Signal request It was moved by Councilman Egdahl, seconded by referred to staff Councilman Scott and unanimously carried that the~request of the Bonita Business'and Profes- aionat Association for City participation in the installation of a traffic sigmal in the area of the Bonita Shopping Center be reffered to staff. 1-805/Telegraph Councilman Egdahl said that a citizen called Canyon Road his attention to the traffic coming off 1-805 freeway onto Telegraph Canyon Road particularly at 5:00 to 7:00 p.m. Because of the volume of traffic going to the college, the motorists are having a difficult time getting onto Telegraph Canyon Road. It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimoBsly carried that this problem be looked at by the staff. Measures on Ballot Councilman Egdahl referred to the letter from the City Clerk asking if the Council will be putting any measures on the ballot at the April 13, 1976 election. He indicated the Council should talk about this. Whitney/Mankato The Council discussed the Whitney-Mankato trees Circle Trees memo sent by the City Manager noting that this item will be coming to Council for action. WRITTEN COMMUNICATIONS Verified claim for damages - Mr. Wilson filed a claim in the amount of Barry Lynn Wilson, $201.00 for damages to his vehicle resulting 366 East Moss in a collision with a patrol car at the inter- Chula Vista section of "E" Street and Fourth Avenue on September 11, 1975. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. City Council }~eeting 20 December 9, 1975 Verified claim for damages - Mrs. Jordon filed a claim in the amount of Mrs. Francis C. Jordon $1,547.27 for damage to the interior of 49 Sierra Way her home resulting from a City sewer backup Chula Vista on September 2, 1975. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. Verified claim for damages - Mr. Cunningham filed a claim in the amount Paul Gene Cunningham, of $1,000,000 claiming that on September 12, 1436 Hilltop, Apt #6 1975, a Police Officer entered his home, Chula Vista searched it, attacked the claimant, arrested, and imprisoned him. Claim denied It was moved by Councilman Hyde~ seconded by Councilman Scott and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. Verified claim for damages - Mrs. Cunningham filed a claim in the amount Estella Cunningham of $78,047.00 claiming that on September 12, 1436 Hilltop, Apt. #6 1975, a Police Officer entered her home, Chula Vista searched it, attacked her husband and child and defamed her character. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim ba denied and referred to the City's insurance carrier for investigation. Verified claim for damages - Miss Cunningham filed a claim in the amount of Sonya Y. Cunningham $5,100.00 claiming that on September 12, 1975 1436 Hilltop, Apt. #6 a Police Officer entered her home, searched it, Chula Vimta attacked her by stepping upon and kicking her. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be d~nied and referred to the City's insurance carrier for investigation. Request for horse crossing The Board of Directors of the Chamber of si~s on Bonita and Sweetwater Commerce sent a map noting 15 areas in the Road Bonita Valley where they are requesting in- stallation of horse crossing signs. They stated that a similar request has been sent to the County Board of Supervisors. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the request be referred to staff. EXECUTIVE SESSION The Council adjourned to Executive Session at 1:40 a.m. and the meeting reconvened at 2:07 a.m. ADJOURiqMBNT Mayor Hamilton adjourned the meeting at 2:07 a.m. to the meeting scheduled for December 11, 1975 at 7:00 p.m.