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HomeMy WebLinkAboutcc min 1975/05/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 27, 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, Chula Vista, California, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Cole, Assistant City Manager Asmus, City Attorney Lindberg, Assistant City Attorney Beam, Director of Planning Peterson, Director of Parks and Recreation Hall, Chief Accountant Hackett, Citizens Assistance Officer Smith 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 Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of May 7 and 14, 1975 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Ms. Adrienne Robas, member of the CO~ISSIONER International Friendship Commission, as guest commissioner for this meeting. ORAL CO~UNICATIONS Presentation by represents- No presentation was made. rives of Chula Vista Police Relief Association regarding wages PUBLIC HEARING (CONTINUED) - Director of Planning Peterson explained that this hearing CONSIDERATION OF AMENDMENT TO was continued from the meeting of May 20, 1975. THE ZONING ORDINANCE RELATING TO COb~qUNAL HOUSEHOLDS Mr. Peterson noted the definition of a "family" as delineated in the Zoning Ordinance and referred to the staff's study of communal households in the R-1 zones in the City. The average occupancy of a communal households is 11 persons (ranging from 24 to 4 persons per household), and according to the 1970 census, the average household in Chula Vista is 5.7 persons. There are now 15 communal households in the City. Mr. Peterson referred to his written report to the Council in which he cited arguments made in favor of and against amending the Zoning Ordinance to allow communal households in the R-1 zone. On April 23, 1975, the Planning Commission recommended that the Zoning Ordinance not be amended to allow communal house- holds in the R-1 zone and that Section 33.535 A 10 and 11 be amended to indicate that fraternities and sororities be con- sidered as undesirable uses in the R-1 zone. Director Peterson stated that he concurred with this recom- mendation believing that the character of the R-1 zones can best be preserved by encouraging communal households to locate in the R-3 zones. City Council Meeting -2- May 27, 1975 Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Speaking in support of Speaking in support were: Mr~ Lawrence Clark, Assistant Pastor communal households and head of communal household at 65 Mitscher Street; Leonard Frey, 81Mitscher Street; John H. Anderson, 573 Douglas Street; Mrs. Gerald Hatz, 70 I Street. They stated as their reasons: (1) there is no suitable housing in other than R-1 zones for communal households ; (2) to purchase a house in another zone would be too expensive; (S) communal households provide a good and worthy service for the neighborhood in giving people in need help; (4) people living in these households are in agreement that the house and yard should be maintained in a neat and attractive manner; (S) there should be a restriction as to the number of parking spaces that can be used; however, limiting it to one space per bedroom is too prohibitive; (6) the definition of a "family" should be changed -- defining a family meant blood, marriage, adoption and personal commitment. (Clark) Personal commit- ment was a desire to enhance the welfare and betterment of each other - to love each other and to see each other grow in every way. (7) Property values of communal households do not decrease in value; (Frey) Purchased his home six years ago for $20,000, used it for a communal household and sold it at $55,000 - an increase of 75% . Speaking in opposition Speaking in opposition to amending the Zoning Ordinance to all communal households in the R-1 zone were: Newton Chaney, 292 Seavale Street; Charles McCandliss, 846 Malecrest Drive; Peter Warty, 81 Second Avenue; Alberta Barnier, Chula Vista; Vivian Dennie representing the Do~ntownBusiness and Improve- ment District; and Milo Hallack, 420 Westby Street. They stated as their reasons: {1) R-1 zones must be protected and not violated; (2) R-3 exceptions in an R-1 zone should be the exception and not the rule; (3) people purchase homes in the R-1 zone because of its beauty and standards; (4) communal households have a diverse effect on the property of single- family owners as others would not wish to buy a house next to a commune; (S) boarding and lodging houses would be allowed to move into these R-1 areas which were established for low- density living; (6)this high density use gets the benefit of the low density values while having the advantage of less cost per person both in terms of money and effort; (7)parking is a great problem; (8) communal households in the R-1 zone have constructed additions to these houses to accommodate their tenants; (9) living next door to one of these communes realizes that these people are on drugs and not in a very stable condition; (10) value of property next to a commune is in jeopardy; {11) there is a health hazard due to the many trash containers with no lids, Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Recess At this time the Council took a five-minute recess. City Council Meeting -3- May 27, 1975 ORDINANCE NO. 1626 It was moved by Councilman Hyde that this ordinance Deleting subsection 11 from be placed on its first reading and that reading of Section 33.535A and amending the text be waived by unanimous consent. subsection 10 of Section 33.535A to indicate that fraternities and The motion carried by the following vote, to-wit: sororities are undesirable in the R-1 zone but appropriate in the AYES: Councilmen Hyde, Egdahl, Hamilton R-3 zone - First Reading Noes: Councilmen Scott, Hobel Absent: None Discussion of motion Councilmen Scott and HobeI expressed their feeling that the R-1 Zone, as now stated, is too rigid and conditional use permits should be allowed in some instances. Motion for implementation time It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the implementation of this ordinance as relates to law be delayed for a period of six months. ORDINANCE NO. 1627 The applicant has requested annexation of 0.374 acres APPROVING LOZANO ANNEXATION - located in the vicinity of Via de Laurencio and Clair FIRST READING Avenue. LAFCO approved the annexation on May 5, 1975 and authorized the City to annex the territory without public hearing and election as provided in the Government Code, Sec. 54797.1. Ordinance placed on first It was moved by Councilman Hobel that the ordinance be reading placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl~ Scott Noes: None Absent: None RESOLUTION NO. 7757 v To avoid dual charges for fire protection services, the ~ITHDRAWING THE LOZANO ANNEXATION proposed annexation is being withdrawn from the Bonita- FROM THE BONITA-SUNNYSIDE FIRE Sunnyside Fire Protection District under the provisions PROTECTION DISTRICT of Section 13952 of the Health and Safety Code as a sub- sequent withdrawal related to the annexation. 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, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 775~ Director of Parks and Recreation Hall submitted a proposed ESTABLISHING INCREASED GREENS FEES fee structure for the Chula Vista Municipal Golf Course. FOR 18 HOLE, 9 HOLE AND MONTHLY TICKETS (RESIDENT/NON-RESIDENT) AND COMBINING ALL GREENS FEES INTO ONE RESOLUTION 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, Scott, Hobel, Hamilton, Hyde Noes: None Absent: NDne City Council Meeting -4- May 27, 1975 RESOLUTION NO. 775~ Director of Finance Grant stated that the sum of APPROPRIATING THE SUM OF $11,574 $1,489 must be earmarked to meet the local hardmatch FROM THE UNAPPROPRIATED SURPLUS for the Crime Specific Burglary Grant and $10,085 to OF THE GENERAL FUND AND AUTHORIZING meet the local hardmatch for the Juvenile Counseling, THE EXPENDITURE THEREOF TO MEET Education and Investigation Grant. CALIFORNIA COUNSEL OF CRIMINAL JUSTICE HARDMATCH REQUIREMENTS Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton, Hyde~ Egdahl Noes: None Absent: None RESOLUTION NO. 7760 The Telephone Company has executed an agreement APPROVING AGREEMENT BETWEEN THE guaranteeing the installation of the public improvements CITY OF CHULA VISTA AND THE PACIFIC adjacent to their property at such time as the City TELEPHONE AND TELEGRAPH COMPANY FOR undertakes the improvement of Telegraph Canyon Road. THE DEFERRAL OF THE INSTALLATION OF PUBLIC IMPROVEMENTS FOR PROPERTY LOCATED AT TELEGRAPH CANYON ROAD Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed ~nd adopted by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 162S The ordinance was placed on first reading at the meeting ADOPTING THE CHULA VISTA MUNICIPAL of May 20, 197S. CODE, A CODIFICATION OF THE PERMANENT AND GENERAL ORDINANCES OF THE CITY OF CHULA VISTA, TOGETHER WITH THOSE SECONDARY CODES ADOPTED BY REFERENCE AS AUTHORIZED BY THE GENERAL LAWS OF THE STATE OF CALIFORNIA, SAVE AND EXCEPT THOSE PORTIONS OF THE SECONDARY CODES AS ARE DELETED OR MODIFIED BY THE PROVISIONS OF THIS CODE - SECOND READING AND ADOPTION Ordinance placed on second reading It was moved by Councilman Egdahl that this ordinance and adopted 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 Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Motion to place copy in Library It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that a copy of the Municipal Code be placed in the Public Library. Motion for Defensive Driving City Manager Cole explained that the course, put on by Course the State Division of Highways, costs $3,000.00. It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that approval be given for this course. City Council Meeting -5- May 27, 1975 EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that an Executive Session be held, after the close of the business meeting, for personnel reasons. MAYOR'S REPORT Elks' Fourth of July Parade Mayor Hamilton reported that the Elks'Club would like to have a Fourth of July Parade (Bicentennial-1976) and are willing to spend $1500 provided the City will match this sum. Motion for approval It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that approval be given for matching funds ($1500) for a July 4th Parade to celebrate the Bicentennial. REQUESTS AND STATEMENTS OF COUNC I LMEN Dogs in Parks Councilman Scott discussed the fact that many people are walking their dogs in the parks or dropping them off at the parks. He felt that the Park Ranger should be notified of this practice, Congratulations to City Clerk Councilm~n Hyde congratulated the City Clerk on her election as President of the San Diego County Records Management Association. Rescheduling Council Conference It was moved by Councilman llyde, seconded by Councilman regarding Safety Commission Scott and unanimously carried that a meeting with the f~em Safety Commission be rescheduled for Wednesday, June 4, 1975 at 4:00 p.m. Motion to investigate It was moved by Councilman Hyde, seconded by Mayor Hamilton conditional use permit in and unanimously carried that the City Manager investigate 200 block of Seavale Street whether a conditional use permit in Mr. N~wton Chaney's neighborhood (292 Seavale Street) be in violation, and report back to the Council. Two-car garages Councilman Hyde discussed the fact that the Zoning Ordinance requires a two-car garage and two off-street parking spaces in a residential zone. If an owner converts his garage, there doesn't seem to be a provision requiring him to provide a two-car garage. Motion for staff report It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this matter be investigated by staff and an amendment made to provide two-car garages if an existing garage has been converted. Commercial trucks along Councilman Scott commented that there are many business residential streets concerns that are parking their trucks and trailers along the streets and in private residential areas for the purpose of advertising realty and such. He asked that the staff look into this matter also. Tennis Courts at Hilltop In answer to Councilman Egdahl's query, Director of Parks and REcreation Hall explained that the reason for no lights at the tennis courts was due to a problem with the transformers. The fact that four out of the six courts have backboards was written into the original agreement. City Council Meeting -6- May 27, 1975 Dance Ordinance City Manager Cole reported that it will be three or four weeks before his report on this ordinance is ready. Announcement of Election Mayor Hamilton announced that the latest count shows Proposi- results tion "A" being defeated by a vote of 3999 to 4851; and Propositions B, C and D carrying by a considerable margin. WRITTEN COMMUNICATIONS Request for funds to send A request was received from Mr. Nelson Dometrius, Speech student to National Speech Instructor, Hilltop High School, for the sum of $1175.00 Tournament to send Mr. Tim Nader to the National Speech Tournament to be held June 16-20 in Indianapolis, Indiana. Motion for denial It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this is a high school program and the Sweetwater School District should pay these expenses. Recess to Redevelopment The Council recessed the meeting to the Redevelopment Agency Agency Meeting Meeting at 10:45 p.m. The meeting reconvened at 10:47 p.m. EXECUTIVE SESSION The Council recessed to Executive Session at 10:47 p.m. and the meeting reeonvened at 11:30 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11;30 p.m. to the meeting scheduled for Tuesday, June 3, 1975. ~C 1 erk [~eputy City Clerk