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HomeMy WebLinkAboutcc min 1974/12/10 MINUTES OF A REGULAR MEETING OF ~{E CITY COUNCIL OF ~lE CITY OF Ct~LA VISTA, CALIFORNIA Held Tuesday December 10, 1974 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7;0Q p~m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson, Fire Chief Smithey, Director of Parks and Recreation Hall, Director of Finance Grant, Director of Redevelopment Operations Desrochers The pledge of allegiance to the Flag was led by Mayor Pro Tempore Egdahl, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hobel and seconded by Councilman Hyde that the minutes of the meeting of November 26, 1974 be approved, copies having been sent to each Councilman. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Egdahl Noes; None Absent: Councilmen Scott and Hamilton INTRODUCTION OF GUEST Mayor Pro Tempore EgdM~l introduced the guest COMMISSIONER commissioner for the evening, Mr. Jack Unger, member of the International Friendship Commis- sion. RECOGNITION OF READERS ~lr. Unger presented the awards won by the DIGEST FOUNDATION AWARD International Friendship Commission and the City of Chula Vista for its recognition and contribution to international understanding through its community affiliation with Irapuato, Mexico, for the student exchange program. OATH OF OFFICE City Clerk Fulasz administered the Oath of Office to the following newly-appointed Commissioners: ~met Kaya - Board of Appeals Martha Crouch - International Friendship Paul Santoro - Environmental Control (could not attend) and to the newly-appointed Director of Redevelopment Operations, Paul Desrochers. (Mayor Hamilton arrived at this time.) City Council Meeting 2 December 10, 1974 ORAL COMMUNICATIONS Stuart Prinnegan ~ prinnegan, representing Par Construc- 6312 Riverdale Street tion Company, expressed the company's appre- San Diego c~ation for tke cooperation and help received from the Planning and Engineering staffs during the construction of Bonita Ridge Estates Subdivision. Mr. Prinnegan presented Mayor Ilamilton with a picture taken at the ground-breaking ceremony. Steve Cooker Mr. Cooker discussed the animal regulations 460 Thrush Street in Chula Vista and the increased cost in li- Chula Vista censing dogs. He suggested an amendment to the ordinance whereby people owning female dogs would have to board them out when the dogs are in season (twice a year). Staff to respond It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the staff be directed to respond at the next Council meeting to the proposal made by Mr. Cooker. PUBLIC HEARING - On November 12, 1974, the City Council CONSIDERATION OF ESTABLISHING adopted Resolution No. 7514 which called for AN UNDERGROUND UTILITY DIS- a public hearing to determine whether subject TRICT ON BONITA ROAD AND undergrounding utility district should be WILLOW STREET WESTERLY TO formed. Director of Public Works Cole ex- THE CITY/COUNTY BOUNDARY plained that the entire cost of the under- grounding will be paid by the County using funds allocated by San Diego Gas & Electric Company. Mr. Cole presented a plat noting that the portion of the district within the City affects only three properties. One of these properties is already undergrounded; one is undeveloped; and the third property receives overhead service from the rear of the property. Public hearing opened This being the time and place as advertised, the public hearing was opened. Included in the record Mayor Hamilton noted that all of the staff's testimony and written report will be entered into the record of the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7546 - Offered by Councilman Hyde, the reading of ESTABLISHING AN UNDERGROUND the text was waived by unanimous consent, UTILITY DISTRICT ON BONITA passed and adopted by the following vote, ROAD FROM WILLOW STREET to-wit; WESTERLY TO THE CITY/COUNTY BOUNDARY AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes; None Absent: Councilman Scott City Council Meeting 3 December i0, 1974 PUBLIC HEARING ~ In a w~itten report tO the Council, Director CONSIDERATION OF SEIS~IC of planning peter~on explained that the State SAFETY ELEMENT OF THE ~lann~ng ~nd Zoning LaW under Section 65302 GENERAL PLAN (i~] requires each. cit~ and county to prepare and adapt a Seismic Safety Element as a part of its General Plan~ Mr, Peterson presented the staff's analysis of the Element, noting that on November 13, 1974 the Planning Com~nission recommended its adoption~ Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Council discussion Discussion followed regarding the five faults: active faults -Sweetwater and La Nacion; inferred faults - Otay River Valley and Telegraph Canyon Fault; and the San Diego Bay-Tijuana Fault. Attorney's opinion In answer to Councilman Hyde's query, City Attorney Lindberg stated that the City would not incur any legal liability for any earth- quake damage to any person who has gone through the procedures for construction in accordance with the Seismic Element. He added that it should be recognized that this is an area that has not been explored in terms of legal responsibilities. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7547 - Offered by Councilman Hyde, the reading of ADOPTING THE SEISMIC SAFETY the text was waived by unanimous consent, ELEMENT OF THE GENERAL passed and adopted by the following vote, PLAN to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. (Councilman Scott arrived at this time.) RESOLUTION NO. 7548A - This annexation was filed with the State MAKING APPLICATION FOR THE Board of Equalization in October 1973. Since DETACHMENT OF TERRITORY more than one year has elapsed, it will have FROM THE MONTGOMERY FIRE to be processed through LAFCO under the pro- PROTECTION DISTRICT AND visions of the District Reorganization Act SEEKING APPROVAL OF THE of 1965. LOCAL AGENCY FORMATION COMMISSION - "HOM'S THIRD AVENUE ANNEXATION" City Council Meeting 4 December 10, 1974 RESOLUTION NO. 75485 -. The annexation will h~ye to be processed MAKING APPLICATION FOR through LAFCO ~ince over one year has elapsed THE DETACH~IENT OF since th~ annexation vas filed with the TERRITORY FROM THE State Board of Equalization (October 1973). MONTGOMERY FIRE PROTECTION DISTRICT AND SEEKING APPROVAL OF THE LOCAL AGENCY FORPdkT1ON CO~4ISSION - "ARIZONA STREET 1911 ACT ANNEXATION" RESOLUTION NO. 7549 - The County Assessor has informed the City WITHDRAWING CERTAIN REAL ~hat this annexation must be withdrawn from PROPERTY KNOWN AND the Bonita-Sunny$ide Fire Protection District. DESIGNATED AS "BONITA The annexation can be withdrawn from the fire RIDGE ANNEXATION" FROM district under the provisions of Section 13952 THE BONITA-SUNNYSIDE FIRE of the Health and Safety Code as a subsequent PROTECTION DISTRICT withdrawal related to the ~nnexation. RESOLUTION NO. 7550 - This annexation was filed with the State WITHDRAWING CERTAIN REAL Board of Equalization on March 14, 1974 PROPERTY KNOWN AND DESIG- and must now be withdrawn from the Montgomery NATED AS "DEEP, PARK Fire Protection District. /~qNEXATION" FROM THE MONTGOMERY FIRE PROTECTION DISTRICT RESOLUTION NO. 7551 - Public Works Director Cole reported that the AMENDING 1974-75 CAPITAL State is currently investigating the feasi- IMPROVEMENT PROGRAM UNDER bility of providing ~ $ignal~at the freeway GAS TAX PROJECT #16, ramp (I-805 Freeway northbound off-ramp on TRAFFIC SIGNAL INSTALLATION Telegraph Canyon Road). Under the 1974-75 AT FIFTH AVENUE AND "K" STREET Capital Improvement Program, installation TO REPLACE TELEGRAPH CANYON of a traffic signal is proposed on Telegraph ROAD AND OLEANDER AVENUE Canyon Road at Oleander Avenue; however, pending the State's study, it was recommended that the traffic signal be installed at Fifth Avenue and K Street. RESOLUTION NO. 7552 - Bids for this project were received on ACCEPTING BIDS AND November 7, 1974 as follows: AWARDING CONTRACT FOR LANDSCAPE MAINTENANCE Heffler Landscaping $ 8,100 FOR ONE YEAR IN OPEN Yoshi's Nursery 10,970 SPACE DISTRICT NO. 1 - Brem Landscape 11,646 EL RANCHO DEL REY Landscape Irrigation 14,400 Specialist Environmental Care 15,659 Warren T. Lassabe 45,140 It was recommended that the contract be awarded to the low bidder, Heffler Land- scaping. RESOLUTION NO. 7553 - The contractor, Perry Electric, has requested EXTENDING TIME ON THE an extension of time to December 27, 1974, CONTRACT FOR THE BROADWAY stating that delays have been caused by San STREET LIGHTING AND TRAFFIC Diego Gas & Electric Company's not being able SIGNAL MODIFICATION BETWEEN to energize their underground system. "F'I AND "HI' STREETS City Council Meeting 5 December 10, 1974 RESOLUTION NO. 7554 - Title V! of th~ C~v~l Rights Act of 1964 APPROVING AND AGREEING provide~ that each ~ederal department and TO THE STATE~NT OF agency ~hall tak~ action to end discrimina~ ASSURANCES ON BEHALF OF tion in all programs of activities receiving THE CITY FOR NON-DISCRIMINATION federal financial assistance in any form. IN FEDERALLY ASSISTED PROGRAM~ The Statement of Assurances relating to OF THE DEPARTMENT OF TRANS- nondigcri~imation will have to be signed PORTATION before any federal funds can be allocated for a project after October 1, 1974. RESOLUTION NO. 7555 - Since April 1965, the City of National City APPROVING EXTENSION AND has contracted for the use of Chula Vista's A~NDMENT OF AGREEMENT pound facilities and services. Due to in- WITH CITY OF NATIONAL creased costs (29% Animal Shelter workload CITY FOR USE OF POUND capacity is accountable to National City), FACILITIES AND SERVICES the fee per month is being increased from $500 to $600. RESOLUTION NO. 7556 - On September 10, 1974, the property owners ACCEPTING GRANT OF EASEMENT executed a grant deed for a drainage easement FROM FRANK AND LORRAINE on the southerly portion of their property WHITTINGTON AND CHARLES at 290 K Street. The easement is for a por- AND DOROTHY RAMM FOR tion of the Telegraph Canyon drainage basin. DRAINAGE PURPOSES (End of Consent Calendar) RESOLUTION NO. 7557 - The Parks and Recreation Department recommended CHANGING AQUATICS FEE that the sale of season tickets be changed COLLECTION STRUCTURE FROM from a calendar year to a fiscal year basis, CALENDAR YEAR TO FISCAL and that the admission fees at the swimming YEAR BASIS AND ESTABLISHING pools be adjusted to reflect increased costs ADMISSION FEES AT THE in materials and leadership. MUNICIPAL SWI~B{ING POOLS Council discussion Discussion ensued as to the advantages of having this on a calendar rather than the fiscal year basis. 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, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 7558 - The amount of $3,600 was requested for APPROPRIATING FUNDS FOR acquisition of an additional disk space ADDITIONAL EQUIPMENT IN unit in the Burrough~ computer in order to DATA SYSTEMS run three major systems: Fixed Assets, Dog Licenses and Business Licenses. Number of staff Councilman Hobel questioned the number of staff presently employed in this department and asked if,~at budget time, the Council will be faced with additional requests. City Council Meeting 6 December 10, 1974 Director of Finance Grant stated that this disk unit wQuld be adequate and meet the present needs of the Cit¥~ Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to~it~ AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 7S59 ~ The Subdivision Ordinance prescribes the APPROVING SUBDIVISION City's Subdivision Development Policy as MANUAL FOR THE CITY established by the City Council and in con- OF CHULA VISTA formance with the State Map Act. 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: None RESOLUTION NO. 7560 - Councilman Scott stated he is abstaining ACCEPTING BIDS AND from this matter due to a possible conflict A~ARDING CONTRACT FOR of interest. THE STREET IMPROVEMENTS IN FIRST AVENUE ADJACENT /he following bids were received on TO CASTLE PARK JUNIOR November 7, 1974: HIGH SCHOOL W. H. Ledbetter & Sons $13,937.70 Daley Corporation 14,110.00 T. B. Penick & Sons 1S,728.70 B. E. Wilson Construction 16,212.85 Griffith Company 16,393.00 The City's estimated cost is $S,SS8.92 and the Sweetwater Union High School District cost will be $8,378.78 (of the low bid). With 10% for contingencies ($1,362.30) the total cost of the project is $15,300.00. By Resolution No. 7313, the Council approved the sum of $4,000. It was requested that the additional appropriation be approved. * Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent. The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None Abstain: Councilman Scott · It was further recommended %hat the con- tract be awarded to the low bidder, W. H. Ledbetter & Son in the amount of $13,937.78. City Council Meeting 7 December 10, 1974 RESOLUTION NO. 7561 - Section 570,382 Of the Rules and Regulations AUTtIORIZING CITY MANAGER relativ~ to Fuhlic La~ 93~383 (Housing TO INCUR COSTS ASSOCIATED and Community Development Act of 1974) WITH PLANNING AND pREPARATION sets forth requirements for obtaining a OF APPLICATION FOR FUNDING 10% advance of the City'~s first year fund UNDER HOUSING AND CO~4MUNITY entitlement. The resolution approves DEVELOPMENT ACT OF 1974 A~D the application for the $26,000 sum for which AUTHORIZING APPLICATION FOR the CitX is eligible, ADVANCE FUNDING TO COVER INCURRED COSTS 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. 7562 - This is a three-year contract for full bill- APPROVING CONTRACT WITH ing system. The initial implementation charge THE CHULA VISTA SANITARY of $5,587.50 will be paid by the Sanitary SERVICE FOR BILLING Service for design and programming of the SERVICES billing system and an on-going charge of approximately $2,980 will be charged by the City for all processing. 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 ORDINANCE A~NDING CITY AB 3329 provides for the licensing of CODE RELATING TO THE bicycles. The Director of Finance recom- LICENSING OF BICYCLES mended that the fee be set at $1.00 annually. TO CONFORM WITH AB 3329 The Chief of Police suggests an alternate AND INCREASING BICYCLE total $1.00 fee for the three-year period. FEES - FIRST READING City Manager Thomson concurred with the recom- mendation of the Finance Director, noting the City's intent to fully comply with the new State regulations and the costs involved. Motion for amendment It was moved by Councilman Hyde and seconded by Councilman Hobel that this ordinance be sent back and modified to reflect a one-time license fee of $2.00. Discussion of motion Council discussion followed regarding the State's legislation, the program prescribed by the legislation, the cost to the City, and the options available. Director of Finance Grant read the State- mandated law which becomes effective January 1, 1976, giving the cities having bicycle licensing one year to comply. City Council Meeting 8 December i0, 1974 Motion withdrawn The motion for the amendment was withdrawn b~ Councilman H~de and agreed to by the second~ Motion for continuance It was moved by Councilman Hyde and seconded by Councilman Hobel that this matter be con- tinued until such time as the staff can advise the Council as to what options are available. Discussion of motion Councilman Sco~noted that the City has one year to make a decision on this matter. felt that in this interim period, the Council could (1) lobby to change the law, and (2) see what experiences other cities have had with this legislation. At a later date, the Council can take action on this matter. Motion to table It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the matter be tabled. ORDINANCE NO. 1600 - In the case of new subdivisions, the matter A~NDING CITY CODE of requesting a deferral of the requirement RELATING TO DEFERRAL for undergrounding utilities is referred to OF REQUIRE~NTS FOR the City Council; in the case of condomini- UNDERGROUNDING ums, the Planning Commission undertakes the UTILITIES - FIRST action. It is now recommended that there be READING uniformity in this matter and that the Council be the hearing body for all requests for deferral of undergrounding utilities. Ordinance placed on first It was moved by Councilman Hobel that this reading ordinance be placed on first reading and that reading of the text be waived by The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NOS. 1585 THROUGH These are housekeeping clean-up provisions 1597 - SECOND READING AND of the City Code as requested by Book ADOPTION Publishing Company, the firm which is editing and pub lSshing the new City Code. Ordinances placed on second It was movod by Councilman Hyde that these reading and adopted ordinances be placed on second reading and adopted and that reading of the text be waiged by unanimous consent. ~e motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None City Council Meeting 9 December 10, 1974 ORDINANCE NO. 1585 - STIPULATING THAT ORDINANCE NO. 1514 IS AN AMENDMENT TO THE 1961CHULA VISTA CITY CODE, SECTIONS 4,1(e) AND 4.1(f) RELATING TO T}~ KEEpIN~ OF HAWKS AND FALCONS - SECOND READ~NG AND ADOPTION ORDINANCE NO. 1586 - AMENDING ORDINANCE NO. 1437 RELATING TO UNDERGROUNDING OF PUBLIC UTILITIES FOR ALL NEW STRUCTURES IN THE CITY OF CHULA VISTA - SECOND READING AND ADOPTION ORDINANCE NO. 1587 - AMENDING ORDINANCE NO. 1460 RELATING TO ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES, ETC. - SECOND READING AND ADOPTION ORDINANCE NO. 1588 - STIPULATING THAT ORDINANCE NO. 1509 DOES AMEND PRIOR 1961CHULA VISTA CITY CODE SECTIONS 14.42 THROUGH 14.45, RELATING TO THE RESPONSIBILITY FOR REMOVING RUBBISH, WEEDS, VEGETATION OR OTHER MATERIALS FROM PRIVATE PROPERTY - SECOND READING AND ADOPTION ORDINANCE NO. 1589 - REPEALING ORDINANCE NO. 958 REGULATING ~{E USE OF STREETS BY MOTOR VEHICLES OF MORE THAN TWO TONS CAPACITY - SECOND READING AND ADOPTION ORDINANCE NO. 1590 - STIPULATING THAT ORDINANCE NO. 993 DOES AMEND ORDINANCE NO. 751, ARTICLE 3, SECTION 7, AND ORDINANCE NO. 1048 AMENDS ORDINANCE NO. 751, ARTICLE 2, SECTION 2, ALL RELATING TO FEES FOR MOVING BUILDINGS, HOUSES AND STRUCTURES THROUGH THE CITY AND FROM WI~{IN THE CITY TO OUTSIDE THE CITY, SAID EARLIER ORDINANCES BEING INCORPORATED IN THE 1961 CHULA VISTA CITY CODE - SECOND READING AND ADOPTION ORDINANCE NO. 1591 - STIPULATING THAT ORDINANCE NO. 1409 ADOPTS THE 1971 UNIFORM ELECTRICAL CODE AND AMENDS CHAPTER 12, SECTIONS 12.26 AND 12.26.1 AND SUPERSEDES ~COMPARABLE PROVISIONS HERETOFORE ADOPTED BY ORDINANCE NOS. 943, 9?5, 994, 1059, 1079 AND 1194: PROVIDED, FURTHER, THAT SECTIONS 12.2, 12.3, 12.9, 12.10, 12.i1, 12.12, 12.17, i2.18, 12.19, 12.20, 12.23, 12.24, 12.28, 12.33, 12.49 AND City Council Meeting 10 December 10, 1974 12.50 BE, AND THE SAME ARE HEREBY RETAINED AS CONTAINED IN ORDINANCE N0. 1194, AND THAT SECTIONS 12.1~ 12~14, 12,26~ 12.29, 12.36 THROUGH 12.42, AND SECTIONS 12,44 THROU(14 12.48 BE, AND THE SAME ARE HEREBY REPEALED, ALL RELATING TO THE ADOPTION OF THE UNIFORM ELECTRICAL CODE AND FEES FOR ELECTRICAL INSTALLATIONS - SECOND READING AND ADOPTION ORDINANCE NO. 1592 - REPEALING ORDINANCE NO. 1226, RELATING TO COVERED OR ENCLOSED PARKING FOR RESIDENTIAL DEVELOPMENTS - SECOND READING AND ADOPTION ORDINANCE NO. 1593 - AMENDING ORDINANCE NO. 774 BY REPEALING SUBSECTION (C) OF SECTION 4.10 AND RENUMBERING EXISTING SUBSECTIONS (D) AND (E) TO SUBSECTIONS (C) AND (D) RELATING TO KEEPING AND MAINTENANCE OF ANIMALS AND FOWLS ~ITHIN THE CITY OF CHULA VISTA - SECOND READING AND ADOPTION ORDINANCE NO. 1594 - A~NDING ORDINANCE NO. 1357 RELATING TO THE ADOPTION OF THE UNIFORM BUILDINC CODE, VOLUME III "ttOUSING," 1970 EDITION - SECOND READING AND ADOPTION ORDINANCE NO. 1595 - AMENDING ORDINANCE NO. 1201, RELATING TO MOTORCYCLE PARKING REGULATIONS - SECOND READING AND ADOPTION ORDINANCE NO. 1596 - A~NDING ORDINANCE NO. 145S RELATING TO LAND GRADING EXCAVATIONS AND FILLS - SECOND READING AND ADOPTION ORDINANCE NO. 1597 - AMENDING ORDINANCE NO. 1546 RELATING TO CURB CLEARANCE AT DRIVEWAYS - SECOND READING AND ADOPTION ORDINANCE NO. 1598 - The San Diego County Fire Chiefs' Associa- JkMENDING SECTIONS 14.17, 14.18 tion and the San Diego County Fire Preven- ~j~DTi~.i~.OF TF~,CiTY~I~0D~ALL ~ion officers have recommended the adoption R~L~T~N~ T~ ,~ME~IB~FOP4~.FIRB CODE - of this Code by all jurisdictions within SECOND READING AND ADOPTION San Dicgo'County. Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by ~nanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamzlton Noes: None Absent: None City Council Meeting 11 December 10, 1974 ORDI~iNCE NO, 1599 - The ordinance was placed on first reading AMENDING ZONING ORDINANCE TO at th~ meeting Of November 26, 1974. It is PREZONE 2.44 ACRES LOCATED AT now ready for second re~di~g and adoption THE NORTHERN TEP~{INUS OF CAMINO DEL CERRO GRANDE TO R-E-P - SECOND READING AND ADOPTION. Ordinance placed on second It was moved by Councilman ltyde that this reading and adopted ordinance he placed on second reading and adopted. Reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None P,~PORTS OF THE CITY .MANAGER STATUS REPORT ON COMPREHENSIVE City Manager Thomson submitted a written EMPLOYMENT AND TRAINING ACT report, noting that the eleven positions PROGRAMS under PEP will complete its phase-out during the month of February 1975. These positions will then be included as part of the CETA program. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON CULTURAL AND City Manager Thomson reported that the ARTS GRANTS City may be eligible for funding in the area of Cultural Arts. On the Federal level, the National Endowment for the Arts and the National Endowment for the Humanities administer a series of programs. It was his recommendation that the staff be given permission to contact certain organizations in the City regarding the grant project. He added that perhaps an imaginative commu- nity Bicentennial program could be developed which would qualify for funding. Report accepted It was moved by Councilman Egdahl, seconded by Co~mcilman Hyde and unanimously carried that the report be accepted. SUBMISSION OF ANNUAL City Manager Thomson submitted the Annual OPERATIONS REPORT Operations Report for the 1973-74 fiscal year. Report accepted It was moved by Comlcilman ltyde, seconded by Councilman Hobel and unanimously carried that the report he accepted. REPORT ON SAN DIEGO GAS & City ~4anager Thomson referred to the letter ELECTRIC UTILITY CONVERSION received from the San Diego Gas & Electric FINANCES Company in which they reported that for the City Council Meeting 12 December 10, 1974 next calendar year~ Chula Vista will receive $222,120 (the Cityts original budget estimate was $225,000). Mr~ Thomson stated that the cost of undergrounding Broadway from "IP' to t,[t[ Streets has ~ncreased from $175,000 to $267~00Q~ San Diego Gas & Electric has advised the City that it may become necessary to suspend all u~d~rground conversion work in the future if the economic climate worsens, Report accepted It was moved by Councilman Hyde and sedo~ded by Councilman Hobel that the:report be ' ~ccept~d, . ~ .... Funds available In answer to the Council's questions, Mr. Cole explained that even with the escala- tion of the "H" to "I" Street project, there will be a balance of about $34,000 in the present project (Broadway undergrounding). Question called Mayor Hamilton called for the question The motion carried by the following vote, to-wit: AYES: Councilmen tfyde, Egdahl, Scott, Hobel, ttamilton Noes: None Absent: None "J" STREET MARINA TELEPHONE City Manager Thomson reported that the telephone installation at the "J" Street marina was completed today. FEASIBILITY OF CREATING Fire Chief Smithey submitted a written A VOLUNTEER FIRE report in answer to the Council's sugges- RESERVE ASSOCIATION tion for a Volunteer Fire Reserve Associa- tion. Chief Smithey recommended against the propo- sal, citing state and federally mandated legislation, the increasing influence of organized labor amount paid firefighter personnel, and the improved mutual aid capabilities. Mr. Donald Byrum, President, Local 2180, Chula Vista Firefighters, sent in a letter in which he indicated that the Volunteer Reserve would be a questionable venture. City Manager T~omson concurred with the recom- mendations of the Fire Chief. Accept report It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that tlm report be acceptod. REPORT ON CIVIC CENTER Director of Building and Housing Grady sent IDENTIFICATION SIGN in a written report and sketch of the proposed identification sign for the building. ~]e City Council Meeting 13 December 10, 1974 lettering ['Civic Center" would be the same as that on tke Library and Police Facilit~ and w~uld cost approximately $175.00. Motion to accept It was moved by-Councilman Egdahl and seconded recommendation by Councilman Hyde that the recommendation be accepted, Discussion of motion Councilman Hyde felt the lettering should be [[City Hall[' instead of "Civic Center" since a civic center comprises a complex of public facilities. City Attorney Lindberg stated that the Charter refers to this establishment as "City Hall." Substitute motion It was moved by Councilman Hyde and seconded by Councilman Scott that the name be "City }{all" instead of "Civic Center." Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel Noes: Mayor Hamilton Absent: None Lights at night Councilman Hobel asked if the sign would be illuminated so it would show at night. Mr. Peterson said it would not. RPEORT ON REGULATION OF On October 2, 1973, the City Council in- TRANSMITTER ANTENNAE structed the Planning staff to prepare an amendment to the Zoning Ordinance requiring a conditional use permit for the construction of transmitter antennae for various elec- tronic systems in accordance with appropriate standards. Director of Planning Peterson submitted the proposed amendment to the Zoning Ordinance listing "amateur radio transmission towers and antennae" as an unclassified use under Section 33.535. The staff further pro- posed that under Section 33.901, Special Provisions, certain guidelines and standards be delineated which would require land- scaping and screening of the transmission towers and antennae. Dr. James C. Baker Dr. Baker asked to speak on this item. 427 Corte Maria, ~le Council concurred that his testimony Chula Vista should be given ~t the public hearing to be held by the Planning Commission. Referred to Planning Commission It was moved by Councilman Hohel, seconded by Councilman Egdahl and unanimously carried that the proposed amendments be referred to the Planning Commission for public bearing and recommendation. City Council Meeting 14 December 10, 1974 Abatement provision Councilman Hyde asked about an abatement provision concerning the existing struc- tures. Included in motion Councilman H~hel stated he would include this in the motion for consideration by the planning Com~nission. Councilman Egdahl agreed to the second. Broader view of charge Councilman Scott felt the recommendation going to the Planning Commission ~as ~o~ specific a~d the ~harge should be broader. 116 cited the recom- mended provision whereby it stated that there shall be landscaping and screening and the ~ntennaes "shall not be erected .... on lots having less than 10,000 square feet ..." Councilman Scott remarked that there are antennae working satisfactorily on 7,000 square feet here in the City. The transmission of radio waves has no bearing on the size of the lot. Instead of referring this specific amendment to the Planning Conm~ission, Councilman Scott indicated that a much broader charge should be sent. Included in motion Councilman Hobel stated he would include in his motion the Council's comments. Coun- cilman Egdahl agreed to the second and the motion carried unanimously. STATUS REPORT ON APPLICATION Director of Planning Peterson discussed OF HILLSIDE 5~DIFYING DISTRICT the Sketch Plan prepared by the staff and TO EL RANCHO DEL REY P-C ZONE currently being reviewed by the Planning Commission shewing how the Hillside Modi- fying District can be applied to the E1 Rancho del Rey area. He declared that a County traffic analysis is ncessary to determine whether the system of land uses is in balance with the system of streets. A complete analysis will take six to eight months. It was Mr. ~eterson's recommendation that the staff be given direction to proceed with the traffic study and that the Council reaffirm its position that precise p~lns for the E1 Rancho del Rey area will not be approved until the General Development Plan for E1 Rancho del Rey is amended. Carmen Pasquale Mr. Pasquale commented that while the study E1 Rancho del Rey is quite important because everybody seems to be basing their reports on it, he feels the present one is not accurate and would like to get something worthwhile. However, to talk about a delay ef six to eight months puts it in the line of a moratorium. Under the P-C zone, they cannot build anything without a precise plan. Mr. Pasquale asked about Area "A" which is presently being built, tte felt this should be elimi- nated from the "moratoriHm." The Council asked about the legality of permitting development plans prior to the traffic analysis study. City Council Meeting 15 December 10, 1974 Attorney's opinion City Attorney Lindberg stated there have been no rights vested on the part of the developer at the present time. The City would not be in a position of liability, as it has the full authority to change its viewpoint on development up until the developer breaks ground for whatever development is accepted according to building permits issued~ The City can also withdraw building permits issued. There should be no absolute assurance relied upon by the developer at this time. Motion to accept reeommenda- It was moved by Mayor Hamilton and seconded tion by Councilman ltobel that the Planning Director's recommendation be accepted that prior to proceeding with the applica- tion of Hillside Modifying District, the County study on traffic be in hand, and that the staff report to the Council every three months as to the status of that report; further that no moratorium be placed on that area. Substitute motion It was moved by Councilman Hyde that the staff be directed to proceed with the traffic study for revision of the traffic analysis matter but that the developers be allowed to submit proposed changes in the general development plan without any assurance of their being accepted until the traffic analysis has been completed. No second to motion The motion died for lack of second. A second substitute motion It was moved by Councilman Hyde that the staff be directed to proceed with the new traffic study. No second to motion The motion died for lack of second. Jim }lutchison Mr. Hutchison asked for clarification of Wilsey & Ham those areas which would be excluded because 1400 Sixth Avenue of the precise plan requirement. He under- San Diego stood that the 450 acre Plaza del Rey is excluded and asked about Area "A" -- 300 acres adjacent to Southwestern College presently being developed. }Ir. Peterson remarked that it was the staff's recommendation that the Plaza del Rey area and the portion of Area "A" that has received tentative map approval be excluded. ~ere are portions of Area "A" that have not received tentative map approval and should be included in this delay. Included in original Mayor Itamilton asked that his motion include motion the wording: "developers could proceed with plans for a change in the development schedule - that there would be no moratorium." City Council Meeting 16 December 10, 1974 Motion fails The motion as made by Mayor Hamilton to accept the department head recommendation and further direction failed by the following vote: Ayes: Councilmen Hamilton, Hobel NOES: Councilmen Scott, Hyde, Egdahl Absent: None Motion to proceed with It was moved by Councilman Hyde and study seconded by Councilman Scott that the staff's recommendation be accepted which is to initiate a new traffic study with the County; that mcdification to the general plan for the area will not be considered until the traffic study has been completed; the Plaza del Rey development of the 450 acres is not included in this limitation nor is that area of E1Raneho del Rey which already has tentative map approval included in that limitation. Clarification of motion City Attorney Lindberg clarified the motion stating it should state that "a development permit in accordance with the existing general development plan will not be approved." lncluded in motion Councilman Hyde accepted this and included it in the motion; Councilman Scott agreed to the second. Councilman tIyde also included in his motion a statement directing the staff to report back in three months as to the status of this traffic study. Motion carried ~e motion carried by the following vote: AYES: Councilmen Hyde, Scott, Egdahl Noes: Councilmen Ilobel, Itamilton Absent: None STATUS REPORT ON City Attorney Lindberg submitted the proposed TRUTH-IN-HOUSING "Truth-in-Housing" Ordinance. ORDINANCE Continued for one week It was moved by Councilman Scott, seconded by Councilman Ityde and unanimously carried that this be held over for one week so that the Council would have time to study it. REPORT ON STATUS OF "J" Director of Public !~orks Cole reported STREET STORM DRAIN that the agreement providing for the accom- plishment of the remedial repairs required for the "J" Street storm drain is essentially complete. The work will be done after the winter rains -- April of 1975, Mr. Cole discussed the cause of the recent flooding of the intersection of Third Avenue and "J" Street and the measures being taken to alleviate the problem. City Council Meeting 17 December 10, 1974 Report accepted It was moved by Councilman Itobel and seconded by Councilman ltyde that the report be accepted. City Attorney's comments Mr. Lindberg referred to a letter he recieved today from the attorney for the contractor regarding the opening of the inlets along Third Avenue. lte asked that the Council reject specifically the following sentence in this letter which states: "The acceptance by the contractor of the proposal (which was the proposal for opening up the drain) is expressly conditioned on the City being solely liable for any and ail costs involved in opening the storm drain and using the same in the manner prescribed." City Manager's explanation Mr. ~omson explained that the staff took this action (opening the inlets) to alleviate the problem which was a product of the action of the contractor in terms of performance. ~lr. Cole explained that if the staff hadn't taken this action and closed the inlets back when the contractor finished the drain, the potential was that the drain would have completely collapsed and the street would have caved in. The inlets, therefore, were closed to protect what the contractor had not done in a correct way. Only selective inlets were opened, however. Substitute motion to It was moved by Mayor Hamilton, seconded accept report by Councilman Scott and unanimously carried that the report of the Director of Public Works be accepted, and as far as the letter representing the contractor is concerned, those comments are rejected. REPORT ON FEASIBILITY OF Director of Parks and Recreation Hall SALE OF PARCEL #2 reported at the November 26 Council ADJACENT TO ZENITH meeting, Mr. Jerry Linton, ~IG, expressed SUBDIVISION interest in purchasing a parcel of property next to Zenith Subdivision -- Parcel No. 2 located south of the proposed Palomar Extension and west of Oleander Extension comprising 3.07 acres. Mr. Hall indicated that the existing bid for Parcel No. 1 consisting of 4.35 acres and sold to ~fG was still applicable and could be used for the bidding process of this parcel of land. Motion to readvertise It was moved by Councilman Soctt, seconded by Councilman tlyde and unanimously carried that the staff be directed to rebid Parcel No. 2. REQUEST FOR SUPPLEMENT^RY The Safety Commission requested the sum of BUDGET SUM TO AT~END $150 to permit five commission members to "TRAFFIC OPERATIONS AND attend the course sponsored by the University PROCEDURES" COURSE of California for two separate two-day periods in January and February, 1975. City Council Meeting 18 December 10, 1974 Request approved It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that a resolution be brought back appro- priating the funds for this course. MAYOR'S REPORT Executive Session It was moved by Mayor Hamilton, seconded by Councilman EgdM~l and unanimously carried that an Executive Session be called for personnel reasons and pending litigation. Request for signs along Mayor Hamilton said he received a letter Bayfront area from Mr. Whiteman indicating there were no street signs in the Bayfront area. Director of Public Works Cole remarked that these signs are on order. ~ird Annual Christmas Mayor Hamilton invited everyone to the Tree Lighting Third Annual Christmas Tree Lighting Ceremony which will take place on Thursday, December 12, 1974 at 7:30 p.m. in front of the City Hall. Complaint concerning Mayor Hamilton remarked that he received paper bin a complaint about the Kiwanis paper bin on the Safeway property on Third Avenue which has been overflowing for some months. He asked that whoever was respon- sible for this bin be notified to clean it up. Houston Conference Mayor Hamilton gave a brief report on the National Leagne of Cities Conference held in Houston last week. Paper problem around Councilman Scott cited the paper and grocery operations litter problem arom~d the 7-11 stores and other fast-food grocery stores, and the problems of some of the landscaping areas not being kept up. lie felt that there should be something in the ordinance whereby after the initial landscaping, there be a provision making sure the landscaping is maintained. City Attorney Lindberg co~mnented that the ordinance requires maintaining the land- scaping and ~f specific requests are noted, the staff would pursue them. Abandoned cars Councilman Scott noted the abandoned cars around the City - for which there 5s an ordinance - and also another problem he brought up some time ago, the problem of paper signs. He asked how the ordinances were being enforced. City Council Meeting 19 December 10, 1974 Zoning Enforcement Officer Director of Planning Peterson said he did speak to the Zoning Enforcement Officer and there is now a program whereby the commercial areas in the City will be inspected on a regular basis in addition to investigat- ing the complaints. Prior to that it was done purely on a complaint basis. Councilman Scott asked if additional staffing was needed - or perhaps a more specific charge to this Officer should be made. The ordinances of the City should be enforced. City Manager ~omson stated that the staff will pursue this problem and advise the Council and try to accomplish the problem without any additional staff. Yule parade It was moved by Councilman Hobel, seconded by Councilman IIyde and unanimously carried that a letter be sent by the Mayor on behalf of the City Council thanking the Downtown Association and the School District for the excellent ~irstmas Parade. Conference with Supervisor Councilman Hyde noted the Conference to Walsh be held on December 18 with Supervisor Walsh (5:00 p.m.) and asked that an agenda be prepared. ~e Council concurred that the following items be included: 1. Regional govornmont 2. Sphere of influence - San Diego County's position of this policy Location of the South Bay Court system Compatibility of zoning 5. Development of the Castle Park region ("L" Street to Main Street) and a Haster Plan for that area 6. Status report of Sweetwater Regional Park Contingency factor in Councilman Egdahl asked about the 10% Contracts contingency factor and whether, after project has been completed, the balance of funds (if any) would go back into the account from which it was drawn. Director of Public Works Cole stated he would would report to the Council on this~ Growth Control Measure Councilman Egdahl remarked at the Houston Conference, former Governor of Delaware, Mr. Peterson, brought up a way of controlling growth. He proposed that a public entity negotiate for either an option or purchase of the development rights of property that they would want to keep in open space or agricultural use. There would be some decision as to the property's best and highest use beyond agricultural, and the difference in cost City Council Meeting 20 December 10, 1974 would be the development right cost which the City would purchase. The person owning the property would not be able to develop it beyond agricultural and at the same time, the City would not run the risk of inverse condemnation. Motion for staff direction It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the staff he directed to investigate the possibility of using that tool in some way in the future for growth control on perimeters of the City of Chula Vista. Shopping center in Councilman Egdahl commented that the Houston, Texas Council members visited a shopping center in Houston approximately the size of that proposed by Plaza del Rey and said that the parking was "adequately handled." Mayor Hamilton remarked that the parking was both above and below-ground. Chamber decorations Councilman Egdahl complimented the City Clerk's staff on the way the Council Chamber was decorated for the Christmas season. National League Conference It was moved by Councilman Scott and Exhibit - Houston seconded by Councilman Hyde that a letter be sent by the Mayor on behalf of the Council to ~ohr Industries thanking them for tlkeirc cooperation on putting on this Exhibit. Motion carried The motion carried by the follo~ng vote: AYES: Councilmen Scott, Hamilton, Hyde, Egdabl Noes: None Absent: None Abstain: Councilman Hobel (Mayor Hamilton stated he has already written this letter.) Status report on Library Councilman Hyde asked for a status report on the Library. City Manager Thomson said the report is drafted and will be going to Council this month. WRITTEN COMMUNICATIONS Verified claim for damages -- A verified claim for damages was filed F. A. Lotze by Mr. Lotze, manager ot Rohr Manor Motel, 580 Broadway 580 Broadway, the amount of $45.00. Mr. Lotze claimed that on November 30, the drains in all his units were plugged up. He called Ace Drain Service and after they could not find the cause, he was informed by the Public Works Department that the stoppage was due to a plugged-up main drain on City property. City Council Meeting 21 December 10, 1974 Referred to City Manager It was moved by Councilman Hyde, seconded and City Attorney by Councilman Egdahl and unanimously carried that the claim be referred to the City Manager and City Attorney for disposition. Verified claim for damages -- Pacific Telephone & Telegraph filed a Pacific Telephone and Telegraph claim for damages in the amount of $4,150.51 770 "B" Street claiming that on October 18~ 1974, the San Diego City Engineering Department, using a backhoe to obtain soil samples, struck and damaged a 400-pair buried cable on Telegraph Canyon Road, 27~west of Brandy- wine Street. Claim denied It was moved by Councilman Egdahl, seconded by Councilman ltyde and unanimously carried that the claim be denied an8 referred to the City's insurance carrier for investiga- tion. Letter of resignation - Mr. Mitchell submitted his letter of Thomas Mitchell, ECC resignation from the ECC due to the fact that he will be doing some extensive traveling in his profession and living out of the State of California for at least six months. Resignation accepted It was moved by Councilman Egdahl, seconded with regret by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of thanks (or resolution) sent to Mr. ~4itchell expressing the Council's appreciation for his services on the Commis- sion. Correspondence from Alan Raydo, Mr. Raydo complained about the fact that be 275 Montclair, regarding has a tree which he considers a safety tree trimming hazard and should be trimmed. He cited the calls he and bis neighbors have made to the Tree Crew to get them to come out and trim all the trees in the block. Mr. Raydo asked that the policy of trimming trees by blocks be reinstituted and that the street sweeping crews report any trees that are particularly bad. Referred to staff It was moved by Councilm~n Hyde, seconded by Councilman Scott and unanimously carried that the request be referred to the City ~anager for appropriate action. Letter from Port of San Diego The District Clerk of the Port of San regarding appointment of Diego stated that the term of the City,s Port Commissioner appointee, Mr. C. R. Campbell expires on January 2, 1975. He asked that an appoint- ment of a Port Commissioner be made for the four-year term commencing January 3, 1975. Mayor Hamilton remarked that this matter will be taken up in Executive Session. City Council Meeting 22 December 10, 1974 Close of meeting to the Mayor Hamilton closed the meeting at Redevelopment Agency meeting 9:38 p.m. to the Redevelopment Agency meeting. The meeting reconvened at 9:41 p.m. Parking District requirements Councilman Scott discussed the fact that there are no parking requirements in the Parking District. This has created a terrible situation in which the City has to buy additional parking because there are no requirements for the properties in the District to provide parking, tie felt this should be corrected by requiring any development in the area to meet the parking requirements. Motion for staff report It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff be directed to look into the feasibility of this and bring back a recommendation to the Council. EXECUTIVE SESSION The Council recessed to Executive Session at 9:44 p.m. ~e meeting reconvened at 10:26 p.m. APPOINTMENT TO ECC It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that Ray Scherer be appointed to the Environmental Control Commission. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:27 p.m. to the Council Conference scheduled for Wednesday, December 11, 1974 at 3:00 p.m.