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HomeMy WebLinkAboutcc min 1975/07/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday July 15, 1975 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:30 p.m. in the Council Chamber, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hyde Councilmen absent: Councilmen Egdahl and Hobel Staff present: City Manager Cole, Assistant City Manager Asmus, City Attorney Lindberg, Director of Public Works Robens, Director of Planning Peterson, Director of Community Development Desrochers, Director of Parks and Recreation Hall, Citizens Assistance Officer Smith, Director of Building and Housing Grady The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of July 1, 1975 be brought back at the next meeting for approval due to the number of errors in the minutes. INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. James Hodgson, CO~ISSIONER member of the Board of Ethics, as guest commissioner for this meeting. PRESENTATION OF Mayor Hamilton presented a 20-year service 20-YEAR SERVICE PINS pin to Captain Earl R. Clark of the Police Department, Lieutenant John A. Kohls of the Police Department and Porter Ralph of the Parks and Recreation Department. ORAL CO~4UNICATIONS Introduction of Assistant Director of Public Works Robens introduced Public Works Director Mr. John Lippitt, newly appointed Assistant Director of Public Works. Freddie L. Allen Mr. Allen stated he is the owner of the San 10106 Del Rio Road Diego Bus Lines and delineated the routes he Spring Valley covers. He explained that he has lost a great deal of business due to the transfer privileges now in effect by both Aztec and San Diego Transit. Mr. Allen gave the Council the background of his bus system since 1968 when he began discussing purchase of his system by San Diego Transit. REPORT ON POTENTIAL Hearing no objections from the Council, ROUTE CONFLICTS WITH SAN Mayor Hamilton moved this item up on the DIEGO ECONOMY BUS LINES, agenda due to the fact that it was being INCORPORATED discussed under "Oral Communications." City Council Meeting 2 July 15, 1975 City Manager Cole submitted a written report to Council in which he investigated whether changes in the San Diego Transit Corporation routes would infringe upon San Diego Economy Bus Lines. Mr. Cole reported that the pend- ing modification of SDTC Route "L" would tend to place a practical hardship upon the operation of Economy Bus Lines. He noted, however, the following facts: (1) Both SDTC and Chula Vista City Bus Lines do not fall under the jurisdiction of the Public Utilities Commission (PUC); (2) SDTC has complied with Federal Urban Mass Transit Administration (UMTA) conditions regarding adverse effects on other transit systems by making reasonable compensation offers to Economy Bus Lines; (3) The City has no contractual or finan- cial interest in San Diego Economy Bus Lines. Mr. Allen requested that the City of Chula Vista withhold supporting the "L" line until all parties concerned can meet and discuss his problems. Councilman Scott noted that the City had not approved the "L" route and at such time as this route will be under consideration, Mr. Allen will be notified and he can appear and offer his testimony. Councilman Hyde remarked that Mr. Allen's problems of negotiation with the San Diego Transit Corporation was one in which the City of Chula Vista should not intervene. PUBLIC HEARING - Director of Planning Peterson submitted a Consideration of change of plat noting the location of the property in zone from R-1 to R-2-P for question as 2.5+ acres of property at the 2.5 acres located at the southeast cornet of Palomar Street and southeast corner of Second Avenue. The applicant proposes to Palomar Street and Second construct 24 duplex units on the property Avenue in 12 buildings and has requested R-2-T-P zoning to make this possible. The rezoning is accompanied by a proposed Precise Plan for the development. The Planning Committee recommended approval of the zone change. Full Council Councilman Scott noted that only three not present members of the Council were present and it would take a unanimous vote to approve this rezoning. He asked if the applicant would prefer to continue this matter to a full Council. It was noted that the applicant was not present. City Council Meeting 3 July 15, 1975 ORDINANCE It was moved by Councilman Hyde, seconded AMENDING ZONING MAPS by Councilman Scott and unanimously carried ESTABLISHED BY SECTION 19.18.010 by those present that this public hearing be OF THE CITY CODE REZONING THAT continued to the meeting of July 29 when a CERTAIN PROPERTY LOCATED AT THE full Council is expected to be present. SOUTHEAST CORNER OF PALOMAR STREET AND SECOND AVENUE FROM R-1 TO R-2-T-P - FIRST READING RESOLUTION APPROVING PRECISE (Continued to meeting of July 29, 1975) PLAN FOR THAT CERTAIN RESIDEN- TIAL DEVELOPMENT IN THE R-2-T-P ZONE ENCOMPASSING 2.S ACRES AT THE SOUTHEAST CORNER OF PALOMAR STREET AND SECOND AVENUE IN THE CITY OF CHULA VISTA PUBLIC HEARING - Director of Planning Peterson submitted a CONSIDERATION OF AMENDMENT written report to the Council in which he TO MUNICIPAL CODE RELATING explained that there have been a number of TO "P" PRECISE PLAN inconsistencies arising from the application MODIFYING DISTRICT of the "P" Precise Plan Modifying District to various properties. His staff has reviewed the wording and requirements of this zoning modifier and have recommended several changes. On May 28, 1975, the Planning Commission recommended approval of the amendment. Suggestion to Mayor Hamilton noted that the modifications continue were of significant importance and asked if it should be held over for a full Council. Mr. Peterson said he had no objection to holding it over. ORDINANCE It was moved by Councilman Scott, seconded AMENDING TITLE 19 OF THE CITY by Councilman Hyde and unanimously carried CODE BY AMENDING SECTIONS by those present that this public hearing 19.56.040, 19.14.450 AND be held over to the meeting of July 29, 1975. 19.12.120 AND ADDING SECTIONS 19.56.041 THROUGH 19.56.047 AND 19.14.570 THROUGH 19.14.578 AND REPEALING SECTIONS 19.58.250, 19.58.300, 19.04.186, 19.04.270 AND 19.12.120 C ALL RELATING TO THE "P" PRECISE PLAN MODIFYING DISTRICT - FIRST READING City Council Meeting 4 July 15, 1975 CONSENT CALENDAR Mayor Hamilton stated that there were two (2) resolutions under the Consent Calendar that called for an appropriation of funds. This needs a 4/5 vote and since only three (3) Councilmen were present, he would ask that these resolutions be taken off the Consent Calendar. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried by those present that the Consent Calendar be approved and adopted, with the exception of: (1) The resolution accepting bids and awarding the contract for the median islands on Orange Avenue and; (2) Accepting consultation services of Bement-Dainwood-Sturgeon for "J" Street storm drain project. These resolutions are to be brought back at the meeting of July 29, 1975. RESOLUTION NO. 7809 - The contract work has been completed by the ACCEPTING PUBLIC IMPROVE- contractor, Sapper Brothers, Inc., to the MENTS - CONTRACT WORK FOR satisfaction of the Director of Public Works THE CONSTRUCTION OF DRAINAGE and in conformance with the requirements of IMPROVEMENTS IN JOSSELYN the City. AVENUE SOUTH OF EAST OXFORD STREET RESOLUTION ACCEPTING BIDS (Held over until the meeting of July 29, 1975) AND AWARDING CONTRACT FOR THE CONSTRUCTION OF MEDIAN ISLANDS ON ORANGE AVENUE FROM OLEANDER AVENUE TO CONNOLEY AVENUE - GAS TAX PROJECT NO. 155 RESOLUTION NO. 7810 - The appointed representatives of the respec- APPROVING AGREEMENT BETWEEN tive agencies have met and agreed upon THE CITY OF CHULA VISTA AND annual rental fees to be used by the City THE SWEETWATER UNION HIGH for provision of services associated with SCHOOL DISTRICT FOR USE OF the use of the municipal swimming pools by MUNICIPAL SWIMMING POOLS BY the Sweetwater Union High School District. SAID DISTRICT RESOLUTION NO. 7811 - The appointed representatives of the respec- APPROVING AGREEMENT BETWEEN tive agencies have met and agreed upon THE CITY OF CHULA VISTA AND annual rental fees to be used by the City THE CHULA VISTA CITY SCHOOL for provision of services associated with DISTRICT FOR USE OF MUNICIPAL the use of the municipal swimming pools by SWIMMING POOLS BY SAID the Chula Vista High School District. DISTRICT City Council Meeting 5 July 15, 1975 RESOLUTION NO. 7812 - The contract work has been completed by the ACCEPTING PUBLIC IMPROVE- contractor, Ballard Williams, to the satis- M£NTS - CONSTRUCTION OF faction of the Director of Public Works DRAINAGE IMPROVEMENTS IN and in conformance with the requirements GUATAY AVENUE EAST OF of the City. HILLTOP DRIVE, GAS TAX PROJECT NO. 207 REPORT - FORMATION OF On May 29, 1975, Mr. James R. Shattuck, CHULA VISTA OPEN SPACE President of Shattuck Construction Company, DISTRICT NO. 5 the developer of South Bay Villas Subdivi- sion, submitted a petition for the formation of an open space district. A preliminary report was submitted by the Directors of Parks and Recreation and Public Works to the City Clerk on June 13, 1975. On June 13, 1975, the Planning Commission recommended approval. RESOLUTION NO. 7813 - The Resolution of Intention sets the date DECLARING THE INTENTION TO of the public hearing as August 5, 1975. ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 5 AND SETTING THE TIME AND PLACE FOR HEARING THEREON RESOLUTION NO. 7814 - By Resolution No. 7391, the City Council ACCEPTING ASSESSMENT DIAGRAMS ordered the work to be done on Del Mar Avenue AND SETTING THE DATE FOR 1911 Act Assessment District 74-1. The PUBLIC HEARING ON SAID project was advertised and the contract ASSESSMENTS - DEL MAR AVENUE awarded to T. B. Penick and Sons, Inc. The 1911 ACT DISTRICT 74-1 work has been completed at a construction cost of $36,335.03. According to Section 5362 of the Streets and Highways Code, notice must be given of the filing of the assessment and a date set for a public hearing on the performance of the contract and the correctness of the individual assessments. The public hearing has been set for August 5, 1975. RESOLUTION NO. 7815 - After a public hearing on July 1, 1975, the ADDING TERRITORY TO OPEN City Council directed that a resolution be SPACE DISTRICT NO. 3 OF THE brought back at the following Council meeting CITY OF CHULA VISTA AND approving the addition of territory to the ORDERING THE CHANGE OF District. The territory to be added is ASSESSMENT Rancho Robinhood Unit No. 2. The change of assessment will be from $76.89 per parcel to $69.02 per parcel for FY75-76. RESOLUTION NO. 7816 - R.E. Hazard Contracting Company has requested GRANTING AN EXTENSION OF a 22-day extension of time to their contract TIME TO R. E. HAZARD CONTRACTING stating that the request is due to additional COMPANY FOR THE IMPROVEMENT work created by change orders. The Division OF EAST "H" STREET BETWEEN of Engineering has reviewed the request and HILLTOP DRIVE AND 1-805 recommended a seven-day extension. This FREEWAY - GAS TAX PROJECT NO. 126 will change the contract completion date to July 17, 1975. City Council Meeting 6 July 15, 1975 RESOLUTION NO. 7817 - A technical team made up of representatives DIRECTING THE PLANNING from the departments of Planning, Public CO~ISSION TO CONSIDER A Works, Building and Housing and Community CENTRAL BUSINESS DISTRICT Development completed a study of potential REDEVELOPMENT PROJECT AREA boundaries for the formulation of a Third AND TO FORMULATE A PRELIMINARY Avenue Central Business District Redevel- REDEVELOPMENT PLAN opment Project. Community Development Director Desrochers submitted a plat noting the boundaries and recommended that the boundaries be forwarded to the Planning Commission for their adoption and development of a Preliminary Plan. RESOLUTION (Held over until meeting of July 29, 197S) ACCEPTING PROPOSAL OF BEMENT- DAINWOOD-STURGEON FOR CON- SULTATION AND SUPERVISION OF SERVICES DURING REPAIR OF "J" STREET STORM DRAIN (End of Consent Calendar) Motion concerning items It was moved by Councilman Scott, seconded on Consent Calendar by Councilman Hyde and unanimously carried by those present that any item needing a 4/5 vote to carry should be considered as extraordinary items and not be placed on the Consent Calendar. ORDINANCE It was moved by Councilman Hyde, seconded AMENDING TITLE 8 OF THE by Councilman Scott and unanimously carried CHULA VISTA CITY CODE by those present that this ordinance be BY ADDING THERETO A NEW brought back at the meeting of July 29, 197S CHAPTER 8.22 CONTAINING when a full Council is expected to be present. SECTIONS 8.22.010 THROUGH 8.22.110 AND REPEALING SECTIONS S.S6.020 THROUGH 5.S6.0S0 OF CHAPTER 5.S6 ALL RELATING TO THE PROHIBITION AND REGULATION OF SMOKING IN CERTAIN AREAS AND PREMISES IN THE CITY OF CHULA VISTA USED BY OR OPEN TO THE PUBLIC - FIRST READING ORDINANCE NO. 1629 - The applicant has requested annexation of APPROVING THE ANNEXATION TO 1.88 acres located on the south side of SAID CITY OF CERTAIN Kennedy Street, 170' west of Second Avenue. UNINHABITED TERRITORY KNOWN The ordinance was placed on first reading AND DESIGNATED AS LACOCO-BAJO at the meeting of July 1, 1975. ANNEXATION - SECOND READING AND ADOPTION City Council Meeting 7 July 15~ 1975 Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hamilton Noes: None Absent: Councilmen Hobel, Egdahl REPORT OF CITY MANAGER REPORT ON REVISIONS Director of Public Works Robens submitted TO CHULA VISTA BUS several changes to the Chula Vista Bus ROUTES Routes which he stated were designed to increase ridership on the buses by improving coverage throughout the City. The date for the implementation of these changes is August 11, 1975. The contract with Aztec Bus Lines for 1975-76 is based on the proposed changes which were made with their input and concurrence, Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. ENDORSEMENT OF NFOTUAL Director of Planning Peterson reported that OWNERSHIP DEVELOPMENT on May 20, 1975, the Council approved the FOUNDATION (M.O.D.F.) tentative subdivision map for the 476 unit PURCHASE AND REHABILITATION Jay L Jay apartment complex for the purpose OF THE JAY L JAY APARTMENTS of conversion to condominiums. Based on AT 244 PALOMAR STREET the stated intent of the M.O.D.F. to purchase the complex and use State assisted financing under pending legislation, the Council deferred certain improvements until a final map was filed, M.O.D.F. is now preparing its application for State assistance to the Director of Housing and Community Development and is requesting that the City endorse their application. City's obligation Councilman Scott asked how this waiting period obligated the City. Mr. Peterson stated it doesn't obligate the City at all. The Council reserves judge- ment on the matter until such time as the final map comes before them for consideration. Motion to endorse It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that endorsement be given to the purchase of the Jay L Jay apartment complex by the M.O.D.F. City Council Meeting 8 July 1S~ 1975 REPORT - DEDICATION AND Directors of Building and Housing and RELOCATION OF GREG ROGERS Parks and Recreation reported that if the HOUSE AT 699 "E" STREET Greg Rogers House is considered to be a historical structure which needs preser- vation, the building could be moved to the "J" Street site (presently the City Animal Shelter) and the Historical Society or an appropriate community action group could undertake the task of soliciting donation of funds and artifacts to bear the total cost of this restoration and relocation. It was recommended that this matter be set for Council Conference. Fred Jacobs, Attorney Mr. Jacobs asked for a decision very soon for Mr. Yarborough on the acceptance or rejection of the offer of the house to the City. He commented that the house is rented to the middle of September and could not be removed until after that time. Suggestion for Mayor Hamilton suggested a Council Conference Conference to discuss this matter in its entirety. Set for Council It was moved by Councilman Scott, seconded Conference by Councilman Hyde and unanimously carried that the report be accepted and a Council Conference set for July 30, 1975 at 4:30 p.m. Mr. 3acobs remarked that the owner must move ahead with the property in some fashion due to property taxes and his tenant moving out. He, therefore, may very well decide to make application for permits within the City to take some action in connection with his property. MAYOR'S REPORT Rancho del Rey and Mayor Hamilton questioned the status of Rancho Rios Cable TV the Rancho Rios and Rancho del Rey Cable TV. City Attorney Lindberg reported no progress - the matter stands at the same impasse even after repeated Council action. In answer to the Mayor's query, Mr. Lindberg com- mented that he felt it would be appropriate for staff examination to consider adver- tising for a second non-exclusive franchise with terms and conditions to be brought back to the Council. Councilman Scott indicated he had no intention of bringing another franchise in. He would, however, consider the possi- bility of the City taking this over. City Council Meeting 9 July 15, 1975 Motion for staff It was moved by Councilman Scott, seconded investigation by Mayor Hamilton and unanimously carried by those present that the staff investigate having the City take over this matter. South Bay Judicial Mayor Hamilton asked the members of the District Council to send a letter or telegram to Governor Brown asking him to appoint judges to the bench. Motion for It was moved by Councilman Scott, seconded letters by Councilman Hyde and unanimously carried by those present that a letter be sent to Governor Brown asking for his help for an appointment of the Court. Also, another letter to be sent asking the Governor for his picture for the Council Chamber. Bayfront Study Mayor Hamilton remarked that he has been in touch with Representative Wilson con- cerning the City's Bayfront study (devel- opment of Gunpowder Point). He asked that the members of the Council send a telegram or letter to Representative Wilson asking that he "keep hands off" the Bayfront development area allowing it to proceed in normal channels, and allowing the City's duly-elected representative be the "bird dog" for this development project. Mayors' Conference Mayor Hamilton reported on the Conference in Boston he attended in Boston last week which he declared was the best conference ever held for the Mayors. In the next month or so, the Mayor will come up with a proposal to have a concerned citizens' committee developing an urban policy for the City of Chula Vista, par- ticularly in the area of housing, redevel- opment, revenue sharing, taxes, and other very serious concerns of urban areas. COUNCILS' CON~ENTS Fire protection to Councilman Scott asked about the status unprotected areas of the City's offer of fire protection services to the 29 homes adjacent to the City that will be left without this service. City Council Meeting 10 July 15, 1975 Assistant City Manager Asmus explained that he sent out letters to these property owners; three (3) have now asked for annex- ation to the City. In answer to Councilman Scott's query, Mr. Asmus remarked that no dollar amount was given for the fire protection service alternative. As soon as this figure is available, he will send this information to the property owners. Councilman Scott and Councilman Hyde indicated they would like to see staff contact these property owners either by phone or person to answer any questions they may have raised by the letter sent to them. Garage Sales Councilman Scott discussed the garage sales ordinance passed by the Council three (3) or four (4) years ago. He has, however, observed perpetual garage sales in the City in the residential areas. He wondered how many permits are issued for garage sales and how are they checked. Motion for report It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried by those present that the staff be directed to bring back a report on this along with recommendations as to whether or not this ordinance should be on the books. Article in Councilman Scott brought to the Council's BUSINESS WEEK attention the article appearing in the latest issue of BUSINESS WEEK which deals with the plight of cities and organized municipal unions. Appreciation to It was moved by Councilman Hyde, seconded Assemblyman Deddeh by Councilman Scott and unanimously carried that a resolution be prepared expressing Council's appreciation for Assemblyman Deddeh's special services regarding the South Bay Courts. Councilman Scott asked that the City Clerk find out when Mr. Deddeh will be in town so that the Resolution can be presented to him at a Council meeting. Utilization of old Councilman Hyde asked about the status of library building the plans to use the old library building and post office and post office once the new library is built. City Council Meeting 11 July 15, 1975 City Manager Cole explained that the staff is currently conducting a space needs study after which a need will be determined for architectural services as to how this can be carried out. Suggestion for Council Councilman Hyde requested that the City Conference Manager schedule a Council Conference on this matter as soon as practical. He added that plans should be decided upon and ready to go out to bid for construction and alterations just as soon as the old building is vacated. Appreciation for Councilman Scott remarked that since he Council has served as the City's representative to Regional Employment Training Consortium (R.E.T.C.), he has never appreciated this Council so much. He discussed the frus- trations encountered with dealing with two (2) County Board of Supervisors plus the inter-fighting of the San Diego City Council. WRITTEN CO~qUNICATIONS Letter from Broadway Mr. Dick Callahan, President of the Association opposing the Broadway Association, stated that the street tree proposal for Association is strongly opposed to the the Broadway area street tree proposal for the entrances into the City between I-5 and Broadway on "E", "H", and "L" Streets. They stated that the proposal would obscure a great number of the business signs and the cost of the project ($100,000.00) could be used, instead to reduce the City tax rate. Set for Council It was moved by Councilman Scott, seconded Conference by Councilman Hyde and unanimously carried that all the interested people be invited to a Council Conference to discuss this matter on Wednesday, August 6, 1975 at 4:30 p.m. Letter from the Elks William E. Blatchley, Attorney representing Lodge requesting a the Elks, Lodge No. 2011 at 666 Telegraph hearing regarding Canyon Road requesting a public hearing installation of public concerning the installation of public improvements relating improvements required by the Planning to the Elks' planned Commission pursuant to the issuance of expansion building permit relating to the Elks' planned expansion of its facilities. City Council Meeting 12 July 15, 1975 City Manager Cole explained that the previous Council action was to defer the improvements and now the Elks Lodge wants these waived. It should first be con- sidered by the Planning Commission and then come to the Council on an appeal, if the applicant did not agree with the Planning Commission decision. Applicant to It was moved by Mayor Hamilton, seconded reapply by Councilman Hyde and unanimously carried that the applicant be directed to reapp]y to the Planning Commission. Verified claim for Mr. Collins filed a verified claim for damages - - damages in the amount of $589.97 claiming William D. Collins, Sr., that on July 8, 1975, while on Melrose 1030 Mission Court Avenue, a City Street Department truck Chula Vista backed into his automobile. Claim denied It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the ctaim be denied and referred to the City's insurance carrier for investi- gation. RECESS TO REDEVELOPMENT The Council recessed the meeting at 9:01 p.m. AGENCY MEETING to the Redevelopment Agency meeting. The meeting reconvened at 9:25 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:25 p.m. to the meeting scheduled for Tuesday, July 22, 1975 at 7:30 p.m.