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HomeMy WebLinkAboutcc min 1975/05/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 20, 1975 A regular meeting of the City Council of the City 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, Hamilton, Hyde, Egdahl Councilman absent: Councilman Hobel Staff present: City Manager Cole, City Attorney Lindberg, Director of Public Works Roberts, Director of Planning Peterson, Director of Redevelopment Operations Desrochers, Director of Parks and Recreation Hall 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 car- ried that the minutes of the meetings of May 12 and 13 be approved as mailed with the exception of a typographical error on page 2, paragraph 4 of the minutes of May 12th. wherein the wording should read "reduced to $8,000" instead of "reduced by $8,000". LETTER FROM City Manager Cole read and presented a PRESIDENT FORD letter addressed to Mayor Hamilton from President Gerald Ford, setting forth the new guidelines on the City's plan for housing and urban development. INTRODUCTION OF Mayor Hamilton introduced Ms. Terry GUEST CO~ISSIONER Garrison, a member of the Youth Connnission, as guest commissioner for this meeting. ORAL COMMUNICATIONS There were none. PUBLIC HEARING This Public Hearing was continued from the CONSIDERATION OF VACATING City Council meeting of May 13, 1975 to ALLEYS SOUTH OF "G" STREET this meeting. In summary, the two alleys WEST OF FOURTH AVENUE were dedicated on March 26, 1952 and do not function as public alleys but as driveways to serve the multiple family developments adjacent to them. On March 26, 1975 the Planning Commission determined that the alleys are no longer necessary for public use and recommended that they be vacated. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. City Council Meeting 2 May 20, 1975 Acquisition of right In answer to the Council's questions, City to easement Attorney Lindberg explained that over a period of years of ownership, Mr. Mathis might be able to stipulate that the public has used the property over a period of time and he could claim some right to an ease- ment way from "G" Street to his property. It was noted by City Attorney Lindberg that one criteria for vacation of any street is that the right-of-way is not needed for public use. Mr. C. L. Mathis Mr. Mathis thanked the Council and the 428 Fourth Avenue Engineering Department for their part in Chula Vista, California this matter. 92010 Public hearing closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7740 Offered by Councilman Scott, the reading ORDERING THE VACATION OF of the text was waived by unanimous con- THE ALLEYS SOUTH OF "G" sent, passed and adopted by the following STREET WEST OF FOURTH vote, to-wit: AVENUE AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel PUBLIC HEARING - On April 16, 1975 the Planning Commission CONSIDERATION OF adopted a resolution recommending that AMENDMENT TO GENERAL the City Council: (1) Find that in actor- PLAN FOR APPROXIMATELY dance with the Negative Declarations and 2.36 ACRES LOCATED AT the findings therein, GPA-75-1 will not THE NORTHEAST CORNER OF have any possible significant impact on THIRD AVENUE AND "E" STREET the environment and certify that the Negative Declaration has been prepared in accordance with the California Environ- mental Quality Act of 1970 as amended; and (2) amend the General Plan to change the designation of 2.36 acres located at the northeast corner of Third Avenue and "E" Street from Thoroughfare Conunercial to Retail Commercial. The properties in question were the sub- ject of two recent rezonings from C-T and C-O to C-C and C-C-Pk~ In both cases the Council found that the C-C zone afforded greater protection to neighboring residential land uses while at the same time permitting a full range of retail commercial activities suitable for location on "E" Street. City Council Meeting 3 May 20, 1975 General Plan in Director of Planning Peterson commented conformance that Items 4, 5 and 6 are in the nature of housekeeping items. This item was rezoned by the Council several weeks ago from C-T to C-C and it was indicated at that time that this would be followed up by an amendment to the General Plan. That is the item before the Council tonight - to confirm that the General Plan really would be in conformance with the existing zoning there. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, eithe~ for or against, the hearing was declared closed. RESOLUTION - 7741 ~N~ING THE Offered by Councilman Egdahl, the reading GENERAL PLAN OF THE CITY of the text was waived by unanimous con- OF CHULA VISTA FOR APPROXI- sent passed and adopted by the following MATELY 2.36 ACRES LOCATED vote, to-wit: AT THE NORTHEAST CORNER OF THIRD AVENUE AND "E" STREET - AYES: Councilmen Egdahl~ Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel PUBLIC HEARING - The subject property is currently zoned CONSIDERATION OF R-1 and a tentative subdivision map has AMENDMENT TO GENERAL PLAN been approved for single family residen- FOR 29 ACRES LOCATED ON tial development. EIR-74-1 (Hilltop THE NORTH SIDE OF TELEGRAPH Terrace) has previously been certified CANYON ROAD WEST OF NACION by both the Planning Commission and the AVENUE City Council, both of which found that preparation was in accordance with CEQA, the California Administrative Code, and the Environmental Review Policy. On April 16, 1975 the Planning Commission adopted a resolution recommending that the City Council amend the General Plan to change the designation of 29 acres located on the north side of Telegraph Canyon Road west of Nacion Avenue from · High Density Residential (13-26 DU/Ac.) to Medium Density Residential (4-12 DU/Ac.). General Plan in Director of Planning Peterson explained conformance that action is needed by the Council to amend the General Plan to be in confor- mance with the existing zoning on the property. Public hearing This being the time and place as adver- opened tised, the public hearing was opened. City Council Meeting 4 May 20, 1975 Public hearing There being no ~omments, e~ther . closed for or against, the hearing was de- clared closed. RESOLUTION NO. 7742 - Offered by Councilman Hyde, the reading AMENDING THE GENERAL of the text was waived by unanimous con- PI~N FOR 29 ACRES sent, passed and adopted by the following LOCATED ON THE NORTH vote, to-wit: SIDE OF TELEGRAPH CANYON ROAD WEST OF AYES Councilmen Hyde, Egdahl, NACION AVENUE Hamilton Noes Councilman Scott Absent: Councilman Hobel PUBLIC HEARING - Several months ago Council determined that CONSIDERATION OF AMENDMENT the two city owned properties in the north- TO GENERAL PLAN FOR 8 ACRES west and southwest corners of the inter- LOCATED AT THE NORTHWEST section of East Palomar Street (extended) AND SOUTHWEST CORNERS OF and Oleander Avenue (extended) were un- FUTURE INTERSECTION OF EAST suitable for park use because of their PALOMAR STREET AND small size, topography and isolation from OLEANDER AVENUE the existing Greg Rogers Park. The prop- erties have recently been sold to American Housing Guild, the owner of the property adjacent on the west. Sale of two parcels In answer to Council's question, Director of Planning Peterson stated that approxi- mately $60,000 was received for the sale of these two parcels. Public hearing opened This being the time and place as adver- tised, the public hearing was opened. Public hearing closed There being no cumm~nts~, either for or against, the hearing was declared closed. RESOLUTION NO. 7743 - Offered by Councilman Hyde, the reading AMENDING THE GENERAL of the text was waived by unanimous con- PLAN FOR 8 ACRES LOCATED sent, passed and adopted by the following AT THE NORTHWEST AND vote, to-wit: SOUTHWEST CORNERS OF FUTURE INTERSECTION OF AYES: Councilmen Hyde, Egdahl, Scott, EAST PALOMAR STREET AND Hamilton OLEANDER AVENUE Noes: None Absent: Councilman Hobel PUBLIC HEARING - This being the time and place as adver- CONSIDERATION OF tised, the public hearing was opened. AMENDMENT TO THE ZONING ORDINANCE RELATING TO At the April 23rd Planning Commission meet- CO~qUNAL HOUSEHOLDS ing much testimony was offered in favor of amending the Zoning Ordinance to allow City Council Meeting 5 May 20, 1975 communal households in the R-1 zone. The bulk of the testimony was offered by resi- dents of the various communal households and persons associated with the First Baptist Church but favorable testimony was also given by other persons, including per- sons living near the communal households. In the days preceding the April 23rd Planning Commission hearing, petitions bearing the signatures of 1443 persons, including 257 persons residing within 300 feet of a communal household, were sub- mitted in support of an ordinance change. Considerable testimony in opposition to the establishment of communal households in the R-1 zone of Chula Vista was also submitted at the Commission's public hear- ing of April 23, 1975. The opposition ex- pressed concern that communes would tend to erode the environmental quality and land-use stability of the R-1 zone and stressed the strong interrelationship be- tween said quality and stability and the quality of Chula Vista's neighborhoods. Petitions containing 554 signatures op- posing an ordinance change have been re- ceived. Testimony relating Mayor Hamilton explained that the purpose to zoning of this public hearing was related only to zoning with respect to the communal house- holds and that is the only testimony that will be heard by the Council. City Attorney Lindberg reiterated that the purpose of the hearing tonight is to de- termine whether or not we would allow com- munity existence on a basis that would be later determined by public hearing on a case-by-case basis without regard to the persons involved or the particular asso- ciations which they may represent; the dis- cussion is about land use decisions and zoning decisions and there is no oppor- tunity on the part of anyone, pro or con, to make representations regarding types of groupings or in opposition to types of groupings that may seek a conditional use permit in the future on the basis of the Ordinance that will be established this evening. The Mayor has set the limitations and he will enforce, as far as the hearings are concerned this evening, those sort of limitations on the testimony that is to be offered. The Council must hear and weigh testimony on the basis of zoning consid- erations and the effects on the single family residential structure of our com- munity. City Council Meeting 6 May 20, 1975 Full Council Mayor Hamilton presented the question to Attendance the City Attorney as to whether or not it Necessary is necessary to have a full Council atten- dance in order to override the decision of the Planning Commission; if so, this public hearing could not be conducted at this meeting since Councilman Hobel is absent. City Attorney Lindberg explained that this is an Ordinance that is under considera- tion. The Planning Commission has recom- mended the adoption of an Ordinance which would eliminate from the unclassified uses listed under our conditional use pro- cess sorority and fraternity houses as acceptable or permitted uses in the R-1 zone but the Planning Commission has recom- mended to the Council a "No" vote on any sort of communal activity in the R-1 zone and has additionally asked that sorority and fraternity situations be removed from the acceptable use of the conditional use permit from our Ordinance. If the Council chooses to move in reverse of the Planning Commission recommendation, it would take only a 3/5 vote but would have to be re- ferred back to the Planning Commission for a report. Mayor Hamilton suggested that perhaps Councilman Hobel could participate in this hearing by listening to the tapes and the Council present at this meeting could go ahead and listen to as much testimony as possible. Rev. Ken L. Pagard At the suggestion of Councilman Hyde that 424 Westby Street perhaps some of the proponents to the Chula Vista change of the Ordinance might wish to re- quest that this hearing be continued to a full Council meeting, Rev. Pagard ad- dressed the Council. He did request that the hearing be held over for one week but that testimony be heard as far as pos- sible this evening and let Councilman Hobel listen to the tape in order to be up-to- date at the next Council meeting. Col. Newton C. Chaney,USAF Col. Chaney requested that since this item 292 Sea Vale Street is on the agenda for this evening that the Chula Vista Council proceed with the public hearing. Motion to continue It was moved by Councilman Egdahl, secon- ded by Councilman Scott and unanimously carried that this item be continued for one week. City Council Meeting 7 May 20, 1975 CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7744 - The contract work for the construction of ACCEPTING PUBLIC a multiple use court in Connoley Park has IMPROVEMENTS - MULTIPLE been completed by the Contractor, Trepte USE COURT, CONNOLEY PARK Brothers, in accordance with the contract agreement dated April 29, 1975. A final inspection was made on May 6, 1975 and the public improvements have been com- pleted to the satisfaction of the Director of Public Works and conforms with the re- quirements of the City. RESOLUTION NO. 7745 - At their meeting of April 23, 1975 the Safety ESTABLISHING BOULEVARD Commission concurred with staff's recommen- STOP(S) AND/OR THROUGH dation that a trial traffic regulation be STREET(S) IN THE CITY made permanent. The trial traffic regula- tion has now been in effect since June 28, 1974 and a traffic survey conducted at the beginning of the trial period showed that stop signs were warranted at these inter- sections: Telegraph Canyon Road and Mel- rose Avenue, also Oleander Avenue and Sequoia Street. RESOLUTION NO. 7746 - The Planning Commission on April 9, 1975 ACCEPTING GRANT OF approved a Conditional Use Permit to op- EASEMENT FROM PATRICK crate an electrical contractor's office AND ALICE BARAJAS FOR and storage facility at 590 Arizona Street. DRAINAGE PURPOSES One of the conditions of approval £or the Conditional Use Permit was for the owners to grant an additional drainage easement across the southerly portion of their pro- perty. The existing ten foot wide easement lies within the Telegraph Canyon Drainage Channel. On May 2, 1975 Patrick and Alice Barajas executed a grant of easement to the City for drainage purposes. This easement, in combination with the existing easement, will provide a thirty foot wide drainage way across their property which will be adequate for the ultimate improvement of the Telegraph Canyon Drainage Channel. The owner of the property at 951 Broadway, which lies adjacent to and westerly of the Barajas' property, granted an addi- tional drainage easement which was accepted by the City Council on November 23, 1971 by Resolution No. 6274. City Council Meeting 8 May 20, 1975 RESOLUTION NO. 7747 - By prior action Council has authorized the AMENDING RESOLUTION NO. 7634 prosecution of an action in eminent domain DETERMINING AND DECLARING by a private counsel to acquire, on be- THE PUBLIC NECESSITY OF half of the City, a right-of-way to the ACQUIRING CERTAIN RIGHT OF Windsor Views Subdivision. At the time of WAY FOR PUBLIC STREET PURPOSES Council's Resolution of Intention to con- FOR AN UNNAMED OFFSITE ACCESS demn certain property owned by Otay Land ROAD AND AUTHORIZING THE Company for public right-of-way and street COb~qENCEMENT OF CONDEMNATION purposes, a certain alignment and config- PROCEEDINGS TO ACQUIRE SAID uration of the public right-of-way had been RIGHT OF WAY determined and planned by the Engineering Department. Since that time the Engineering Department, in consort with the developer, Mr. Dale Horton, has arrived at a slightly different configuration for the proposed street which will first serve the needs of the City of Chula Vista and secondly, provide access to Mr. Horton's develop- ment, Windsor Views. (End of Consent Calendar) RESOLUTION NO. 7748 - In the 1972-73 Budget the City Council ap- FINDING THAT THE INSTALLA- proved the expenditure of funds for the TION OF LANDSCAPING ALONG landscaping of "H" Street from I-S Freeway "H" STREET FROM 1-5 FREE- to Broadway. The concept of the project WAY TO BROADWAY BE AND THE at that time included the construction of SAME IS HEREBY EXCEPTED a center island median with landscaping. FROM THE REQUIREMENTS OF SECTION 1109 OF THE CHARTER OF THE CITY OF CHULA VISTA AND THAT COMPETITIVE BIDDING FOR THE ACQUISITION OF MATERIALS AND EQUIPMENT AND SERVICES FOR THE COMPLETION OF SAID PROJECT IS IMPRACTICAL AND THAT SAID WORK MAY BE PERFOR~D MORE ECONOMICALLY BY CITY WORK FORCES When asked for staff explanation, Director of Public Works Robens explained that Council had directed staff to investigate installation of landscaping on the en- trance to freeway on "It" Street to Broad- way; a new landscape planner is now on board and he has presented a landscape scheme. The recommendation is to install 113 fan palms in 50 locations, essen- tially in groups of two and three at a height of five to seven feet, 24" box size at a cost of $95.00 to $100.00 per tree. It is recommended that this installation be done by City forces. The estimate for contract work is $47,500.00 and the hand labor will be done by Public Works at an estimated cost of $20,000.00. In answer to questions from the Council, Tom Davis, the landscape planner, stated that these trees require only the basic maintenance. City Council Meeting 9 May 20, 1975 Regarding the problem of the trees causing obstacles, Mr. Davis explained that some of the trees would be planted right next to the curb and others would be back ap- proximately five feet from the curb; that the head on these trees would be smaller than many other trees that would be per- mitted to be planted in this area; that the sidewalks along this area are eight feet wide and the well for each tree will be 3' x 3' so that this would permit a five foot travel space. Mr. Robens also told the Council that, if necessary, the City street signs could be relocated in the event the trees might prevent them from being seen. Resolution offered Offered by Councilman Hyde, the weading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: None Absent Councilman Hobel Motion to notify It was moved by Councilman Hyde, seconded tenants by Councilman Scott and unanimously carried that owners of businesses in this area be advised of what is going to take place before anything is done. RESOLUTION NO. 7749 - Resolution No. 7379 establishing an under- ACCEPTING BIDS AND AWARD- ground utility district on Broadway from ING CONTRACT FOR THE "H" Street to "I" Street was passed on INSTALLATION OF STREET July 23, 1974. Twelve street light poles LIGHTS ON BROADWAY BETWEEN and about 1/4 mile of conduit will be in- "H" AND "I" STREETS AND stalled between "H" and "I" Streets. OTHER SIGNAL MODIFICATIONS Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel RESOLUTION NO. 7750 - The County of San Diego has submitted APPROVING AGREEMENT BETWEEN their proposed agreement for the tem- THE CITY OF CHULA VISTA AND porary use of our Civic Center beginning THE COUNTY OF SAN DIEGO FOR July 1, 1975. USE OF CIVIC CENTER FACILITIES IN THE CITY OF CHULA VISTA City Council Meeting 10 May 20, 1975 Renovation provision Councilman Egdahl suggested that perhaps in setting a monthly fee for the use of City facilities, some consideration should be given to providing some way to renovate the areas which are going to take a good deal of wear as a result of this kind of usage. Use of Council Councilman Egdahl also expressed concern Conference Room regarding the statement "partial use of the Council Conference Room" and offered the alternative to this that inasmuch as the Community Development Department is moving from the Administrative Conference Room perhaps this space would serve the same function as a Jury Room; in this way the Administration Department would still have the use of facilities for coffee, etc., which would not be true of the Council Conference Room. Mr. Cole remarked that the use of the Coun- cil Conference Room is to be worked out between the presiding Judge and the City Manager; however, in his opinion, the use of the Administrative Conference Room would mean that the jury would have to walk on the outside of the building, which would be undesirable in inclement weather, then on entering the building it would be necessary that they walk through the halls, through the clerical office, past the Manager's office and into the Conference Room, which it was thought would be very disruptive and inconvenient. Mr. Cole did comment, however, that a temporary shelter walkway could be installed from the Council Chamber door over. Parking Spaces Councilman Scott stated that his concern about the agreement is their request for reserving 25 parking spaces for County Court employees only. Mr. Cole commented that the plan at this time is to give each one a sticker and let him park in the City's employee parking lot. In checking this lot for the past two or three weeks i · it was found that there is 70% usage; con- sequently, 25 spaces should not be an in- convenience and there will be no particular spaces marked as reserved for County em- ployees. Councilman Hyde remarked that the agreement states SO parking spaces are required and asked Mr. Cole if all of these would be in the employee's parking lot, to which Mr. Cole replied that the balance of 2S would fend for themselves and the County might be able to designate some spaces from their facilities by the Health Clinic. City Council Meeting 11 May 20, 1975 In answer to Councilman Egdahl's query as to whether or not it is possible to reserve the area on the City Hall side of the park- ing area between the City Hall and the Post Office for City/County parking between 8:00 a.m. and 5:00 p.m., Mr. Cole replied that the area would have to be posted and permits issued. Mr. Lindberg informed the Council that the street in front of City Hall is not a dedicated street and, there- fore, it is the property of the City to regulate in whatever manner they might choose. City Manager Cole told Councilman Hyde that as yet no report had been re- ceived from the Director of Public Works on the request to vacate the eastern half of the Fig Street behind City Hall. It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that staff explore the possibility of re- serving the area of parking spaces on the City Hall side of the parking area between City Hall and the Post Office for City/ County parking between 8:00 a.m. and 5:00 p.m., also the matter of issuing per- mits for these employees to park in this area. Use of Administrative It was moved by Councilman Egdahl, seconded Conference Room by Councilman Scott and unanimously car- ried that we amend the agreement to reflect use of the Administrative Conference Room as opposed to the Council Conference Room. 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: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RESOLUTION NO. 7751 - The City Attorney's Office has had a request AUTHORIZING SUBSTITUTION from Roel Construction Company, Inc. to OF MASONRY SUBCONTRACTORS substitute the masonry subcontractor for FOR CHULA VISTA PUBLIC the Chula Vista Public Library. LIBRARY Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel City Council Meeting 12 May 20, 1975 RESOLUTION NO. 7752 - The City Council, by Resolution 7262 on OVERRULING PROTESTS AND April 2, 1974 accepted the petition and APPROVING PLANS, SPECIFI- waiver requesting the installation of CATIONS AND COST ESTIMATE sewer mains in the Rosebank area and di- FOR ROSEBANK SEWER 1911 ACT rected the Director of Public Works to ASSESSMENT DISTRICT 75-1, prepare maps, plans and specifications for WAIVING PAYMENT IN ADVANCE the work. OF THE INCIDENTAL EXPENSES BY THE CONTRACTOR, ORDERING The City Council, by Resolution 7698 on THE WORK TO PROCEED WITHOUT April 8, 1975 adopted the plat of the pro- APPLICATION OF THE DEBT LIMIT posed district boundaries and by Resolution ACT AND AUTHORIZING THE 7699 on April 8, 1975 declared its intention DIRECTOR OF PUBLIC WORKS TO to form a 1911 Act District and set May 13, ADVERTISE FOR BIDS 1975 as the date for the public hearing on the formation of the district. The public hearing was held on May 13, 1975 where protests were heard and the public hearing declared closed. The description of the work in the Notice of Intention in- cluded sewer mains, manholes and appur- tenances. The City has budgeted $11,000.00 for participation in the trunk system from the district boundary to the Spring Valley Trunk Sewer. An additional $7,000.00 has been requested for the 1975-76 budget. The estimated total cost for the project is $138,567.00. 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, Egdahl, Scott, Hamilton Noes: None Absent: Councilman Hobel RESOLUTION NO. 7753 - The City has received final approval of its ACCEPTING AND ESTAB- application for funding under the provi- LISHING REQUIRED BUDGETARY sions of the Housing and Community Devel- ACCOUNTS FOR THE COP~qUNITY opment Act of 1974. In order to finalize D~VELOPMENT BLOCK GRANT OF the approval and begin to expend funds, it THE HOUSING AND Co~qUNITY is necessary to execute the acceptance DEVELOPMENT ACT OF 1974, agreement in accord with HUD requirements. GRANT NUMBER B75-MC-06-0540 In addition, it is necessary to establish AND AUTHORIZING THE the budgetary accounts required to meet EXECUTION OF THE ACCEPTANCE Federal and local accounting procedures. AGREEMENT The estimated revenues and expenditures structure is adequate to meet both Federal and local requirements. 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, Egdahl, Scott, Hamilton Noes: None Absent: Councilman Hobel City Council Meeting 13 May 20, 1975 RESOLUTION NO. 7754 - The Director of Finance prepared a report APPROVING TRANSFER OF FUNDS indicating the projected deficits in the FROM UNAPPROPRIATED RESERVE various utility accounts of the City, a OF OPEN SPACE MAINTENANCE sum of approximately $84,000.00. The de- DISTRICT NO. 2 FUND TO partments were requested to submit means UTILITY ACCOUNT of covering these deficits and have pro- vided budget adjustment requests which will accomplish this purpose primarily through salary savings. In at least one case, how- ever, Council action will be necessary to appropriate $1,100.00 from the unappro- priated reserve of the Open Space District No. 2 fund. All of the transfers have been accomplished by intra-fund transfers except that for Open Space District No. 2. 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, Egdahl, Scott, Hamilton Noes: None Absent: Councilman Hobel RESOLUTION NO. 7755 - The City owned cash register assigned to APPROVING THE PURCHASE the golf course pro shop is in need of OF A CASH REGISTER FOR THE repair. The estimated cost for repair is CHULA VISTA MUNICIPAL GOLF between $450.00 and $500.00. The Finance COURSE PRO SHOP AND APPRO- Department has recommended that this cash PRIATING THE SUM OF $1,000.00 register be replaced, for which the esti- FROM THE UNAPPROPRIATED mated cost is $950.00. RESERVE OF THE GOLF COURSE REVENUE FUND 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, Egdahl, Scott, Hamilton Noes: None Absent: Councilman Hobel il · ORDINANCE NO. 1625 - The City has now received the permanent t ADOPTING THE CHULA VISTA Chula Vista Municipal Code and adoption MUNICIPAL CODE, A CODIFICATION is necessary so that it may become the OF THE PERCENT AND GENERAL official code of the City of Chula Vista. 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 City Council Meeting 14 May 20, 1975 Ordinance placed on It was moved by Councilman Scott that this first reading Ordinance be 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 Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel Updating the City Code In answer to Councilman Hyde's question as to the frequency with which the Code will be updated, City Attorney Lindberg advised that the agreement provides for a quarterly submittal from the publisher and that the new Ordinances would be provided as they are produced by the newspaper. RESOLUTION NO. 7756 - This matter was continued from the Council APPROVING THE TENTATIVE meeting of May 13, 1975 to permit the issue MAP OF A SUBDIVISION TO of the cooperative housing project to be BE KNOWN AS JAY L JAY clarified. APARTMENTS FOR CONVERSION OF APARTMENTS TO CONDO- The Planning Department received a letter MINIUMS on May 9, 1975, from the Mutual Ownership Development Foundation (MOD), located in Millbrae, California. The letter states that the owner of Jay L Jay (Mr. J. L. Johnston) has agreed to enter into a pur- chase agreement for the sale of the apart- ments to the MOD Foundation for the purpose of converting the apartments into a coop- erative housing development utilizing state financial assistance under new legislation. The agreement would give the MOD Foundation a four month option to acquire the property, with a provision for a one month extension if necessary. Mrs. Rose M. Burnside Mrs. Burnside represents the Jay L Jay 215 Quintard Street, E 57 Tenant Association. She requested that the Chula Vista Council postpone this item so the Associa- tion could have time to study what effects it will have on the community as a whole. In the opinion of the Tenant Association it will present a great hardship on many tenants there who are low income because they will be unable to find another place to live which is low rent; also, if this is sold as a condominium, no one who lives there will be able to buy one of the units. City Council Meeting 1S May 20, 1975 Mayor Hamilton asked if there was any legal problem involved with continuing this matter. City Attorney Lindberg advised the Council that the continuances in the past have been at the request of the applicantf The Council is under time limitations estab- lished by our Ordinance and State Law that require action on the tentative map within the specified time period, which has already been exceeded but because the applicant has acquiesced in the continuance, this is legally acceptable. Councilman Hyde told Mrs. Burnside that the Council is not in a position of being able to tell the owner he cannot sell the prop- erty. The proposal that is before the Coun- cil tonight is to allow the formation of a cooperative which would allow parties to purchase properties at a monthly fee which is less than their monthly rent. Council- man Scott added that the Council has taken ali of this into consideration and has looked into the matter very thoroughly but legally they have to make a decision and Mrs. Burnside is asking for something over which the Council has no control. Biltie Hastings Ms. Hastings spoke against approval of the 70 Davidson Resolution before the Council on this matter Chula Vista and cited several instances of housing cede violations by this Corporation in the past, some of which still exist; she invited the Council to view some of these instances, which Councilman Hyde noted is a very im- portant point to consider and informed Ms. Hastings that after this item is completed, he would so move that the Council do this. Councilman Scott reminded Ms. Hastings that this is not the issue before the Council this evening -- the issue is whether or not Coun- cil should waive certain conditions on filing a subdivision map. Mayor Hamilton told Ms. Hastings that the Council would consider a variance for this Corporation the same as for any other citi- zen even though he might have failed to meet existing housing codes; Ms. Hastings asked that she be informed of enforcement of these codes against this Corporation in answer to the complaint she was making at that time. City Council Meeting 16 May 20, 1975 Peter D. Bulens Mr. Bulens is an attorney representing the 2223 Avenida de la Playa Jay L Jay Management Service Company. ,Jay La Jolla L Jay has worked out an agreement with the MOD Foundation for purchase of the struc- tures of Jay L Jay; in the meantime, Mr. Bulens asks that the Council approve the tentative map with the waivers to protect themselves in the event MOD is unable to arrange for the necessary financing. During the time Jay L Jay is waiting for MOD to arrange financing, it is their desire to have the tentative map approved with the waivers so that it would not be necessary to come before the Council again; then if MOD financing does not occur, Jay L Jay could proceed immediately to make improve- ments and begin the projects so that it might be sold as well as to alleviate many of the complaints that have been given tonight. Councilman Scott commented that he is con- cerned about whether or not this is going to be a cooperative. If so, he would favor waiving the requirements; perhaps the City Attorney could give an opinion as to whether or not waiving of the requirements could be made contingent upon its being a cooperative. City Attorney's There is in this instance a non-profit cor- Opinion poration that may be stepping into the pic- ture and acquiring the property, then sell- ing these units at such a level of rate that would not make the full installation of improvements feasible. Should this not occur, perhaps the installation could be deferred dependent upon the culmination of the program of acquiescence by MOD; should acquiescence not occur, then the conditions would be reexamined by the Council upon representation by the now existing property Dorothy Rudolph It is Ms. Rudolph's understanding that if 299 Sea Vale Street the MOD Foundation takes over the Jay L Jay Chula Vista it would not be a subdivision - the units would not be sold to the members of the Cor- poration - the Corporation itself would · own it; in this case, Ms. Rudolph asked the City Attorney if she was correct in saying that the conditions would not be imposed to which Mr. Lindberg replied that he was not at all familiar with the pro- gram which the MOD Foundation envisions, but if they do take over under the cir- cumstances to which Ms. Rudolph refers, the possibility is that they would not file a subdivision map. Councilman Scott queried Ms. Rudolph as to why, in this event, would she recommend that the Council go ahead with the sub- division map; Ms. Rudolph said, in her opinion, since the applicant is request- City Council Meeting 17 May 20, 1975 ing a subdivision map, she did not be- lieve that legally the Council could deny it. City Attorney Lindberg reiterated that should MOD take over the Jay L Jay there would probably not be a request for submittal of a subdivision map but if there is to be a deferment of the improvements, as requested, then it would be appropriate to condition that upon some limitation of sales price of the units and that would be the basis for such a deferment because for the Council to elim- inate normal requirements from a subdi- vision map, they must have a showing that it is economically feasible to accom- plishing those improvements and that, in turn, relates to the sales price of these units. Mike Saslow Mr. Saslow is associated with the MOD 231E. Millbrae Avenue Foundation, a non-profit corporation. Millbrae, California Mr. Saslow informed the Council that MOD does not need to request rezoning. As far as the agreement with Mr. Johnson of Jay L .Jay is concerned, there is no agreement as yet -- there is an agreement to agree, which is ready for signature and is condi- tioned upon Mr. Johnson's ability to obtain the waiver of the undergrounding. There are bills before the Legislature at the present time for financing. MOD is desirous of submitting an application as soon as the Government signs the bill; the agreement is needed because in order to do this, control of the property must be proven. This is tbe main reason for the request to Council for the waiver. Condition of In answer to Councilman Scott's question "Agreement to Agree" as to why the "Agreement to Agree" should be conditioned upon Mr. Johnson's getting a waiver, Mr. Bulens replied that this is what Mr. Johnson would like to have done in the event MOD does not fulfill. That is Mr. Johnson's position with MOD -- if the waiver is not approved, then there is no agreement. City Attorney's The Council cannot conditionally approve Opinion the tentative map and make it effective in 180 days or any future date. It could be approved today subject to a number of conditions but the approval would actually take place today. The option of Jay L Jay coming before Council in a very short time and applying for a final map is open to him at any time; however, according to Mr. Bulens, the agreement does state that MOD is entitled to the 180 days be- fore any action is taken by Jay L Jay but the waivers are important to MOD be- cause they have a direct bearing on the City Council Meeting 18 May 20, 1975 price structure of the units. Motion for It was moved by Councilman Scott, secon- conditional ded by Councilman Hyde and onanimously approval carried that the tentative subdivision map be approved with the conditions as recommended by the Planning Commission and that these conditions be deferred until a final subdivision map is re- quested. The conditions referred to are not all of those established by the Planning Commission but only those set forth in the staffs report (A-113). ORDINANCE NO. 1624 - On May 13, 1975 the City Council intro- AMENDING ORDINANCE NO. duced this Ordinance for First reading. 1547, ARTICLE 7, SECTIONS 35.702, 35.705, SUB- PARAGRAPHS 4 AND 6 RELATING TO WELLS - SECOND READING Ordinance placed on It was moved by Councilman Egdahl that the second reading and Ordinance be placed on second reading and adopted adopted and that reading of the text be waived by unanimous consent. The mo- tion carried by the following vote to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel REPORTS OF THE CITY MANAGER CETA Program Report Report accepted It was moved by Councilman Egdahl, secon- ded by Councilman Scott and unanimously carried that the recommendations of the City Manager be accepted. CETA It was moved by Councilman Hyde, secon- ded by Councilman Scott and unanimously carried that the City Manager examine the possibility of assigning a CETA em- ployee to assist the zoning enforcement officer. General Revenue The City is required each year to file Sharing - Planned Use this information with the Office of Report Revenue Sharing. It does not bind the final action or expenditure plan in any way and may he amended without notifi- cation to the office of Revenue Sharing. City Council Meeting 19 May 20, 1975 Report accepted It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously car- ried that the report be accepted. Award to City Mrt Cole told the Council that the Chula Employees from Vista City employees had received a let- United Way ter of distinct service award from June Kirkendall, South County Campaign Chair- man of United Way CHAD, thanking the employees for their help in the 1974 United Way CHAD First Combined Campaign~ REPORTS OF CITY OFFICERS Landscaping of East "H" Plans and specifications for the construc- Street median island tion of the island have been completed and the project was advertised for bids on May 18, 1975. Landscaping and irri- gation plans have not been prepared and the installation of the landscaping is included in the preliminary six-year Capital Improvement Program for 1975.-76. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted, Moving of office building On May 14, 1975, the Planning Commission for car rental agency to determined this building to be architec- 720 "E" Street rurally compatible with other structures in the area and recommends approval of the move subject to the requirements of the Building and Housing Department. Recommendations accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the recommendations of the City Manager be accepted. RECOb~ENDATIONS OF CITY BOARDS AND CO~IISSIONS Request to forward referral The Human Relations Commission is request- to San Diego County Human ing permission to forward a referral re- Relations Commission lating to patient care and nursing facili- (Nursing Home Recommendations) ties in the South Bay area; this was origi- nally referred to the HRC by Councilman Egdahl and as none of the facilities con- cerned are within the Chula Vista city limits the City is asking that the County Commission refer this item to their Com- mittee on Health. Approval granted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- ried that the request to refer item to the San Diego County Human Relations Commission be approved. City Council Meeting 20 May 20, 1975 MAYOR'S REPORT Sweetwater River Flood Mayor ttamilton reported that he is in Control Channel and 1-54 receipt of a letter from the Office of Project Lionel Van Deerlin sent to him by the United States Department of Interior, advising that the matter of the Sweet- water River Flood Control Channel and 1-54 project is presently under review and a full response will be provided as soon as possible. Motion for landscaping - it was moved by Mayor Hamilton, seconded "E" Street and Bonita Road by Councilman Hyde and unanimously car- ried that the City Manager and/or appro- priate department head look into the matter of landscaping the islands that are being erected on "E" Street and Bonita Road rather than black topping, somewhat on the order of the islands coming into the City on "E" and "H" Streets and bring hack relative infor- mation and recommendations. Executive Session It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously car- ried that an Executive Session be held at the end of the Council meeting for possible litigation and personnel reasons. COUNCIL COMMENTS Continuous maintenance It was moved by Councilman Hyde that staff of landscaped areas investigate what measures are open to the City Council to see that landscaped areas which are established as a condition of development are not only installed but continuously maintained. Mr. Peterson advised Council that a meeting is to be held on this subject on Wednesday after- noon, May 21st and that it will be re- viewed with the City Manager, City Attorney and Director of Public Works; a report will probably be forthcoming in approximately two weeks. Councilman Hyde withdrew his motion. Commitment from San Diego Councilman Egdahl suggested that staff County regarding temporary pursue the matter with the County of parking space for South Bay whether or not they are anywhere near Courts a point where they could give a commit- ment on building permanent Court complex on the southeast corner of Fourth Avenue and Center Street. This was made into a motion by Councilman Scott who added City Council Meeting 21 May 20, 1975 that a commitment should be obtained from the Council for some seed money or maybe have some special meetings. This was seconded by Councilman Hyde and unanimously carried~ Bill for Solar Energy In response to Councilman Hyde's request that Councilman Scott inquire about a bill on solar energy, Councilman Scott commented that he had talked with Assem- blyman Wadie Deddeh and Mr. Deddeh will investigate this and inform Councilman Scott. WRITTEN COMMUNICATIONS Verified claim for Mr. Westbrook filed a claim in the amount damages - Steven Westbrook of $500,000.00, stating that on ,January 4633 Monongahela Street ~0, 1975 he was physically beaten and San Diego kicked while hog-tied by handcuffs and that twice on this same date and during this same incident excessive force was uged on him, including being physically beaten while handcuffed. Claim denied and referred It was moved by Councilman Hyde, seconded to insurance carrier by Councilman Egdahl and unanimously car- ried that the claim be denied and re- ferred to the City's insurance carrier for investigation. Verified claim for Ms. Gonzales filed a claim in the amount damages - Lupe P. Gonzales of $40.36, stating that the roots of City 782 Fifth Avenue trees near her residence at 782 Fifth Chula Vista Avenue have grown beyond the sidewalk and have gone into the main line close to the sewer line and it was necessary for her to pay a plumber this amount to clear the roots from the sewer line. Claim referred to Staff It was moved by Councilman ttyde, seconded for appropriate action by Councilman Scott and unanimously car- ried that the claim be referred to Staff for appropriate action. !~~ · i Request from Visitors and A letter has been received from the Chula Convention Bureau for Vista Visitor and Convention Bureau for additional follow-up on an additional follow-up direction sign for sign on "E" Street off-ramp ease in locating the Bureau on "E" Street. Referred to staff It was moved by Councilman Hyde, seconded by Mayor ftamilton and unanimously carried that this matter be referred to staff for action. City Council Meeting 22 May 20, 1975 Request from Chamber of A letter has been received from the Commerce relating to an Chula Vista Chamber of Commerce that the agreement on purchase of City of Chula Vista consider the feasi- building at 298 Fourth Avenue bility of remitting the remaining sum of $2,000.00 to the Chamber at this time for the structure located on 298 Fourth Avenue, also that an agreement be signed with the proviso that should the City of Chula Vista vacate the structure on 298 Fourth Avenue pr]or to May 1979, the Chula Vista Chamber of Commerce will reimburse the City $2,000.00 (this in accordance with the agreement signed between the two parties May 28, 1974). Referred to City Manager It was moved by Councilman Hyde, seconded and City Attorney for by Councilman Scott and unanimously carried recommendation that this be referred to the City Manager and City Attorney for recommendation. Councilman Scott added that if this re- quest is complied with, it should be on a discounted basis -- either $2,000.00 is paid in five years or payment is made at this time on a discounted basis. Request from Downtown A letter has been received from the Down- Association for town Association requesting that a check enforcement of Zoning be made of all nonconforming use permits Ordinance on Third so that all business firms can be brought Avenue into line with current regulations under the present zoning ordinance on Third Avenue. Referred to Staff It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- ried that this item be referred to staff. RECESS TO REDEVELOPMENT At this time (9:50 p.m.) the Mayor re- AGENCY MEETING cessed the meeting to the Redevelopment Agency Meeting, The City Council meeting reconvened at 9:45 p.m. Adjournment to Mayor Hamilton adjourned the meeting at Executive Session 10:00 p.m. to the Executive Session. ADJOURNMENT Mayor Hamilton adjourned the Council meeting at 11:07 p.m. to the Council Conference on Wednesday, May 21, 1975 at 4:00 p.m.