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HomeMy WebLinkAboutcc min 1974/11/12 MINUTES OF A REGULAR ~EETING OF TIIE CITY COUNCIL OF TIlE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 12, 1974 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p,m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present; City Manager Thomson, Assistant City Attorney Beam, Director of Public Works Cole, Director of Planning Peterson, Police Captain Sieveno, Community Development Coordinator Henthorn, Administra- tive Analyst Smith 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 Scott, seconded by Councilman Hyde and unanimously carried by those present that the minutes of the meeting of November 5, 1974 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Pro Temporm Egdahl introduced Miss CO~ISSIONER Susan Saffer, member of the Youth Commission, as guest co~nissioner for this meeting. (Mayor Hamilton arrived at the meeting at this time.) PROCLAMATION - Mayor Hamilton proclaimed the week of YOUTH APPRECIATION WEEK November 11 through November 17, 1974 as "Youth Appreciation Week" in the City of Chula Vista. Mr. Pete Lipe of the local Optimist Club accepted the Proclamation. PROCLAMATION - Mayor Hamilton proclaimed the week of TEEN CHALLENGE WEEK November 24 through December 1, 1974 as "Teen Challenge Week" in Chula Vista. Mr. Luis Figueroa, Director of San Diego Teen Challenge, accepted the Proclamation. PRESENTATION OF QUARTERLY Written reports were submitted by: (1) FINANCIAL REPORTS FOR Metropolitan Area Advisory Committee (~i~AC); COYlqUNITY PROMOTIONS (2) South Bay Meals on Wheels; (3) Combined BUDGETED GROUPS Arts and Education Council (COMBO). Reports accepted It, was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the three reports bc accepted. Motion against COMBO reporting It was moved by Councilman Hyde that the Council not require a report from COMBO as is done with the other organizations sup- ported by the Cify.. City Council Meeting 2 November 12, 1974 No second to motion ~e motion died for lack of second. ORAL COb~MUNICATIONS There were no oral communications. PUBLIC HEARING - Director of Planning Peterson submitted a CONSIDERATION OF APPLICATION written report explaining the applicant's FOR PREZONING 2.44 ACRES proposal to annex the property and subdivide LOCATED AT THE NORTHERN it into residential lots. This was approved TERMINUS OF CAMINO DEL by the Planning Commission on October 9, CERRO GRANDE 1974 ? prezoning to R,E-P subject to approval of a Precise Plan and conforming to the conditions set forth in their Resolution No. PCA-74-K. The findings in support of this recommenda- tion are: (I) Good zoning practice, in compliance with the Open Space Element policies and consistent with the land use intensity of the abutting residential areas, necessitates that the subject property be prezoned for residential land uses which will be sensitive to the dominant topographic features and which do not place any burden on the limited street access; (2) The proposed prezoning to R-E-P is consistent with the General Plan ele]nents, notably the Land Use Element which desig- nates this area for 1-S units per acre. Advantages to City Councilman Scott questioned the advantages to the City in annexing this property and asked why the entire property under this one ownership was not being annexed at this time. Mayor's comments Mayor Hamilton explained that the appli- cant had discussed this with him a few weeks ago. They intend to annex the entire property once the church is constructed. All plans and building permits have been obtained through the County, and if they were to annex to Chula Vista at this time, they would have to go through the entire pro- cess again which is both time consuming and costly. Public Works Director's comments Mr. Cole stated that the annexation occurred because of the City-owned one-foot lot at the end of Camino del Cerro Grande and the applicant proposed to sell the two parcels for residential use. Public hearing opened This being the time and place as advertised, Mayor tlamilton opened the public hearing. Kenneth Johnson, Pastor Mr. Johnson explained that the church Grace Baptist Temple purchased the entire nineteen acres; however, they are selling the 2.4 acres (the two parcels in question). He has no objection to annexing the balance of the property to Chula Vista; however, the plot plan, conditional use permit and building permit have been obtained through the County. City Council Meeting 3 November 12, 1974 If Chula Vista will purchase these plans and permits, they would have no objection to annexing to tkis CitX, They plan to break ground for the church on February 25, 1975, No plans to annex to City In answer to the Mayor's question, ~{r. Johnson remarked that the church has made no specific plans to annex to Chula Vista ~- they have no objection and "could be persuaded." Mr. Johnson added that his neighbors in Bonita are not anxious to have this property annexed to Chula Vista, and the dhurch's intention is to create good will - not bad will. However, even thou~ the church wants to be as compatible as possible with its new neighbors, they do not intend to let the neighbors dictate what they can do with this property. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Council discussion followed concerning the County's requirements, whether or not the property could be annexed at this time, the action the Council took on this property six years ago, and the legal ramifications in conditioning annexation of the property to the prezoning request. Attorney's opinion Attorney Beam stated that the Council can condition the prezoning upon the applicant voluntarily applying for ~lnexation relating to the balance of the property or waiving the right of protest. Councilman ttobel questioned putting the "tag" on the prezoning request and commented that perhaps the staff should be given time to research this along with the cost benefits to the City in annexing the balance of the property to the north. Improvement of Bonita Road Mr. Cole commented that the County is going to widen Bonita Road and if accomplished in the County, they will pay the full cost. If Chula Vista annexes this property, it will be responsible for a share of this cost. Motion for continuance It was moved by Councilman Hyde and seconded by Councilman Scott that this matter be continued for one week with the request that the City Attorney and the staff investigate (1) procedures that are compatible with the interost of Grace Baptist Temple for the annexation of the total parcel; and (2) make a recommendation to the City Council as to whether or not it should press for that. The report is due at the next meeting. Discussion of motion Mayor ftamilton remarked that this is a preliminary procedure before going to LAFCO. City Council Meeting 4 November 12, 1974 The staff can come back with comments while this matter is in process~ thereby prevent- ing any delay~ The matter will be before the Council for annexation~ and at that time, the Council can either accept or r~ject it. Motion withdrawn Councilman Hyde withdrew his motion. Second not withdrawn Councilman Scott did not withdraw the second - the motion stood. Continuation of discussion Discussion continued concerning the elements of the annexation process and any undue delays to the applicant by the motion to continue the matter for one week. ~. Peterson indicated that the staff would need two weeks for this report. It takes three or four months for the LAFCO process. Clarification of motion Councilman Hyde clarified the motion: (1) a report from the City Attorney as to what methods are available to the Council to provide for the possibility of total annexation of the property without unduly delaying the Grace Baptist Church construc- tion plans; (2) comments from the staff as to how they feel about annexing the balance of the property. Motion amended Councilman Hyde amended the motion by stating that the report is due in two weeks (meeting of November 26, 1974)~ Councilman Scott agreed to the second. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl Noes: Councilmen Hobel, Hamilton Absent: None ORDINANCE A~NDING ZONING (Continued to meeting of November 26, 1974.) ORDINANCE TO PREZONE 2.44 ACRES LOCATED AT THE NORTHERN TERMINUS OF CAMINO DEL CERRO GRANDE TO R-E-P - FIRST READING PUBLIC HEARING - The applicant applied for a rezoning of the CONSIDERATION OF CHANGE property from C-O to C-T in order to permit OF ZONE FOR PROPERTY AT a carpet store to occupy the existing build- 2SS "E" STREET FROM C-O ing. TO C-T, PCZ-74-1 The plmaning'Commission recommended that the property be rezoned C-0 to C-C~P with the development subject to approval of a pre- cise plan conforming to the conditions set forth in their Resolution PCZ-?4-1. Director of Planning Peterson submitted a written report giving the background and analysis of the request. He concurred with City Council Meeting 5 November 12, 1974 the recommendation of the planning Commis~ sion. At some time in the future, Planning will come back to the Council with a recommend- tion that the properties to the west (7/11, Bank of America) down to Third Avenue, north side of "E" Street be also rezoned C-C-P. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1577 - It was moved by Councilman Hyde that this REZONING THAT CERTAIN ordinance be placed on first reading and PROPERTY LOCATED AT that reading of the text be waived by 255 "E" STREET FROM unanimous consent. C-O T0 C-C-P - FIRST RgADING The motion carried by the following vote, to-wit AYES; Councilmen Ityde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent None Staff to initiate rezoning It was moved by Councilman Hyde, seconded of remaining parcels by Councilman Scott and unanimously car- ~icd that the staff be directed to initiate proceedings to consider rezoning the remain- ing four parcels from the one just rezoned west to Third Avenue, ~o~th s{dc bf "E" Street, from C-T to C-C. CONSENT CALENDAR It was moved by Councilman Hebel, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7511 - In the 1974-75 Community Promotions budget, APPROVING AGREEMENT the Council approved $330 for this Committee. BETWEEN THE CITY OF ~e agreement will allow them to pay their CHULA VISTA AND THE expenses for the annual United Nations Day UNITED NATIONS DAY Celebration on October 24, 1974. COMMITTEE IN REGARD TO FUNDING RESOLUTION NO. 7512 - The California Council of Criminal Justice APPROVING APPLICATION has already approved the third year for FOR JUVENILE COUNSELING, funding, but before funds can be released EDUCATION AND INVESTIGATION by the State Finance Office, the Ci$y UNIT, GR~T NO. 1227 - Council must pass a resolution authorizing THIRD YEaR the Mayor, on its behalf~ to execute the Grant Award Contract. City Council Meeting 6 November 12, 1974 RESOLUTION NO, 7513 -. The re$olution grants a blanket encroachment APPROVING ENCROACHMENT permit for the use of rights~of-way by PERMIT AUTHORIZING THE property owner~ for the installation of USE OF THE PUBLIC PARKWAYS temporary Christmas decorations. AND AREAS BY RESIDENTIAL PROPERTY OWNERS OF TEMPORARY CHRISTMAS DECORATIONS AND URGING THOSE PERSONS DISPI~YING CHRIST~iRS DECORATIONS TO REDUCE BO~t THE NUMBER OF LIGHTS AND DURATION OF USE RESOLUTION NO. 7514 - The County of San Diego is proposing to CALLING A PUBLIC HEARING widen Bonita Road from the 1-805 Freeway TO DETERMINE WHETHER easterly to Willow Street, and in conjunc- PUBLIC NECESSITY, HEALTH, tion with this project, the County will SAFETY OR WELFARE REQUIRES also underground the overhead utility THE FORMATION OF AN lines. A portion of the widening and under- UNDERGROUNDING UTILITY ground project lies within the boundaries DISTRICT ON BONITA ROAD of the City of Chula Vista. The public FROM WILLOW STREET WEST hearing will be set for December 10, 1974. TO THE C~TY/COUNTY BOUNDARY RESOLUTION NO. 7515 - The County of San Diego has a project to ACKNOWLEDGING THE CITY'S widen Bonita Road from the 1-805 freeway CONCURRENCE FOR RIGHT-OF- easterly to Willow Street which will con- WAY ACQUISITION AND struct a travelway 82 feet in width from CONSTRUCTION OF THE BONITA curb to curb, In order for the County to ROAD IMPROVEMENT PROJECT - certify availability of rights-of-way, the R.S. 1299-2 WITHIN THE County Engineer must forward to CALTRANS CHULA VISTA CITY LIMITS the Ciky of Chula Vista's concurrence for right-of-way acquisition and construction within the City limits. RESOLUTION NO. 7516 - On April 13, 1973, the City Engineer issued RELEASING UNCONTROLLED a grading permit for the property for land EMBANKMENT AGREEbtENT development in conjunction with the issuance RECORDED AGAINST PROPERTY of a building permit for the Chula Vista LOCATED AT 456 FOURTH Medical Center owned by Chula Vista Group AVENUE IN THE CITY Properties. Grading work on the site has OF (]HULA VISTA been completed in accordance with the conditions of the agreement, approved grading plan and conditions of the grading permit and may now be released. RESOLUTION NO. 7517 - On April 13, 1973, the City Engineer issued RELEASING UNCONTROLLED a grading permit for the property for land EMBANKMENT AGREEMBNT RECORDED development in conjunction with the issuance AGAINST PROPERTY LOCATED of a building permit for the Chula Vista AT 446-448 FOURTH AVENUE Medical Center owned by Chula Vista Group IN TIlE CITY OF CHULA VISTA Properties. Grading work on the site has been completed in accordance with the conditions of the agreement, approved grading plan and conditions of the grading permit and may now be released. RESOLUTION NO. 7518 - On July 16, 1974, the Council approved the ACCEPTING GRANT DEED TO written report of the Director of Parks and CERTAIN REAL PROPERTY Recreation regarding the gift of land from FROM CHULA VISTA, CALIFORNIA the Elks Club for a portion of their property LODGE NO. 2011 OF THE lying northerly of Telegraph Canyon Road. BENEVOLENT AND PROTECTIVE It is proposed to utilize this property for ORDER OF THE ELKS OF U.S.A. an interim period for a mini-rest stop for bicyclists and hikers prior to the widening of Telegraph Canyon Road. City Council Meeting 7 November 12, 1974 RESOLUTION NO. 7519 ~ The Housing and Community Development Act APPROVING THE CITIZEN of 1974 provides Federal funds to urban PARTICIPATION PROCESS communities in order to assist in community RELATIVE TO THE HOUSING development. The new law consolidates AND CO~iMUNITY DEVELOPMENT several existing categorical programs for ACT OF 1974 AND SETTING community development into a single pro- DECEMBER 5, 1974 AT 7:30 gram of community development block grants. P.M. AS THE DATE AND TIME Under Title I of the Act~ $8,4 billion in FOR A PUBLIC HEARING TO contract authority will be distributed ACCEPT PUBLIC TESTIMONY over a three-year period with the City's RELATIVE TO THE PREPARATION share to be $1,847,000. OF A COOl, UNITY DEVELOP~NT PLAN It was recommended that the date of December 5, 1974 at 7:30 p,m. be set for the public hearing to receive additional input relative to the preparation of the plans requisite to securing funding under the Housing and Community Development Act of 1974. RESOLUTION NO. 7520 - On September 26, 1974, the following bids ACCEPTING BIDS AND were received for this project: AWARDING CONTRACT FOR THE CONSTRUCTION OF THE SE}~R Contractor Prop. ~. Prop. II Prop. III IN BAY BOULEVARD FROM "F" TO "G" STREETS Metro-Young, $18,980 N.B. NiB. A Joint Venture La Mesa, CA Joseph Fazio $19,680 $20,175 $20,175 Construction, E1Cajon, CA Ham Bros. Con- $29,950 $29,950 $29,950 struction, Inc. San Diego, CA G.R. Henderson $37,860 $S7,860 N.B. Construction, Inc., San Diego, CA D.A. Inman $42,905 N.B. N.B. General Con- Diego, CA M. Arrieta & $43,030 $43,030 $43,030 Santee, CA R.S. Construc- $43,944.60 N.B. N.B. tion Co., San Diego, CA It was recommended that the contract be awarded to the low bidder, Metro-Young in the amount of $18,980, and that authoriza- tion be given for the transfer of funds in the amount of $20,878 from Cash Bond Deposit to C.I.P. Account No. SI,2-74 and authorize the expenditure of $20,878 (includes the 10% contingency of $1,898). City Council Meeting 8 November 12, 1974 UNANIMOUS CONSENT ITEM~ RESOLUTION NO. 7521 - The public kearing on this matter to be DECLARING CITY'S INTENTION scheduled for November 26, 1974. TO AMEND ORDINANCE NOS~ 1372 AND 1390 ESTABLISHING AND LEVYING AN ADDITIONAL BUSINESS LICENSE TAX UPON THE AREA INCLUDED IN THE PARKING AND BUSINESS IMPROVEMENT AREA FOR THE PURPOSE OF THE GENERAL PROMOTION OF RETAIL TRADE, AND FIXING THE TIME AND PLACE FOR A HEARING TO BE HELD TO CONSIDER THE ADJUSTMENT OF SAID ADDITIONAL BUSINESS LICENSE LEVY AND DIRECTING THE GIVING OF NOTICE OF SAID HEARING (End of Consent Calendar) RESOLUTION NO. 7522 - One of the conditions of approval of the APPROVING SEWER REIM- tentative map of Rancho Rios Units 1 - 4 BURSEMENT TO THE ODMARK was that the developers would receive full COMPANY (MAIN STREET- credit for any cost differential for any DATE-FAIVRE RELIEF SEWER portion of the main Street Relief Sewer TRUNK) IN THE AMOUNT OF Trunk. ~e developer constructed a 12-inch $11,614.60 sewer main and normally the requirement is for an 8-inch main. The cost differential is $11,614.60. It was recommended that the Council approve this reimbursement; authorize the expenditure of $5,989 from the unencum- bered balance of Account No. 61-7001-PW2-71 and appropriate the expenditure of $5,626.60 from the unappropriated surplus of the Sewer Income Fund. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passsed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 7523 - The applicant proposed to subdivide the APPROVING THE TENTATIVE 40-acre "Holderness property" at the end MAP OF A SUBDIVISION TO of East "J" Street into 113 R-1 residential BE KNOWN AS SOUTH BAY lots and two open space lots, totaling VILLAS, PCS-74-5 approximately 12.2 acres. On October 23, 1974, the Planning Commission voted to recommend to the Council that the map be approved subject to the conditions contained in its letter of October 28, 1974. Director of Planning Peterson explained that the applicant is dedicating 12.2 acres City Council Meeting 9 November 12, 1974 of open space, The lot size averages 8~00Q square feet with some lots going do~n to 6,000 square feet, Lot coverage provision Councilman Hyde questioned the provision whereby on those parcels less than 7,000 square feet, the applicant will be permitted to build up to 50% of the lot site as com- pared to the normal 40% limit. This is a 25% increase in lot coverage being allowed. Justification for provision Mr. Peterson remarked that as the size of the lot goes down and the size of the house remains the same, it will cover a greater percentage of the lot. In the minds of the staff, this is a trade-off for the 12.2 acres of open space given to the City. Motion to delete provision It was moved by Councilman Hyde that that provision be deleted: "No. 8. Maximum lot coverage shall be increased from 40% to 50% for those lots less than 7,000 square feet in size. All lots less than 7,000 square feet are identified on the tentative map." No second to motion The motion died for lack of second. J. R. Shattuck, President Mr. Shattuck declared that this suggestion Shattuck Construction Company was made by the staff - it is a good sug- 6150 Mission Gorge Road gestion but he has no intention of utilizing Sar, Diego it. None of his homes will be up over the 40%; however, he was told by a member of the Planning staff that after a person pur- chases a home~ he may decide to add a garage or rumpus room and thereby runs into the problem of the 40% coverage al- lowed particularl7 in the smaller lots such as 5,000 *quare feet. Mr. Shattuck added that many of his homes will be two-story and do not anticipate any home being more than 2,000 square feet on the ground floor. Park fees Mr. Sbattuck reported that in 1972, they presented a tentative map of 167 units on this same acreage and now they have 113. In going to the Hillside Ordinance they would be permitted to go to 124 lots. He discussed the "inequity of charging (the developer) park fees in this development." Under the Hillside Ordinance, they are re- quired to dedicate about 10.6 acres of open space - they are dedicating 12.6. The criteria for park land dedication is one acre for each 160 units. They have 113 units so it would mean dedicating less than one acre of park land. Some of this acreage is slopes; however, they are putting in eight-foot-wide paths and benches on all these slopes so the open space can be utilized at a cost of $8,000. This includes a sprinkler system and grass areas - approxi- mately 1S,000 square feet - maintain the area for one year and put in street frontage. City Council Meeting 10 November 12, 1974 This amounts to a total cost of $90,000. Under the 113 lots x $250 per lot, they would be required to pay fees of up to $30,000 -- they are giving the City $90,000. Mr. Shattuck asked for consideration of the waiver of these fees~ Future Development Under the staff's comments~ page 3 under "Future Development" ~ the last sentence states that '~the disposition of these rem- nants shall be settled prior to recordation of the final map." He asked that the words "equitably settled" be inserted. Recess A recess was called at 8:35 p.m. and the meeting reconvened at 8:55 p.m. Motion to amend resolution It was moved by Councilman ggdahl and seconded by Councilman Hobel that the Resolution be amended to: (1) insert the word "equitably" as requested by the developer and (2) delete the condition of the proposed lot coverage to be increased from 40% to 50%. Mayor Hamilton asked that the two parts of the motion Be t~ken separately. Councilman Egdahl withdrew his motion; Councilman Hobel agreed to the second. Motion to add word It was moved by Councilman Egdahl, seconded (Future Development) by Councilman Scott and unanimously carried that the word "equitably" be added to the sentence as requested by the developer: "The disposition of these remnants shall be e~uitably settled prior to recordation of the final map." Resolution as amended Offered by Councilman Hobel, as amended, offered the reading of the text was waived. Councilman Itobel clarified this to mean the lot coverage stays at 50% and the word "equitably" is added to the conditions. Second amendment to Resolution It wa5 moved by Councilman Hyde and seconded by Councilman Egdahl that the provision increasing the lot coverage from 40% to 50% be deleted. Discussion of second Councilman Hyde gave his rationale for this amendment motion and discussion ensued as to a de- veloper getting a variance; change in the zoning ordinance; having flexibility in the ordinance; Hillside Ordinance; Precise Plan conditions and the problems incurred by the Planning Department relating to lot coverages. Question called Councilman Scott called for the question. Motion carried The motion to delete the provision relating to the lot coverage (#8 of Planning Commis- sion letter dated October 28, 1974, stating: Ctiy Council Meeting 11 November 12, 1974 UMaximum lot coverage shall be increased from 40% to 50% for those lots less than 7,000 square feet in size. All lots less than 7,000 square feet are identified on the tentative map) carried by the following vote, to-wit~ AYES; Councilmen Hyde, Egdahl, Scott Noes; Councilmen Hobel, Hamilton Absent; None Resolution as amended offered Offered by Councilman Scott with the two amendments: (1) insertion of the word Uequitably" and (2) deletion of condition #8 relating to lot coverage. The reading of the text was waived by unanimous consent. Motion carried The motion carried by the following vote, toZwit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None Motion to accept Environmental It was moved by Councilman Scott, seconded Impact Report by Councilman Egdahl and unanimously carried that the Council accept the EIR-74-9 for South Bay Villas -- the Council certifies that it has been completed in accordance with CEQA 1970 as amended, and it has con- sidered the EIR information in making its decision. Motion regarding park fees It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the staff look into the advisability of the park fees and report back to the %iti Council and make a rocommondation to the Council as to what would be equitable at the time of the final map consideration. Motion for staff recommendation tt was moved by Councilman ~obe!, seconded re lot coverage by Councilman Scott and unanimously carried that the staff be directed to look at the ordinance in regard to the 40% coverage factor and make a recommendation to the City Council. Vote changes Councilman Hobel asked that his "no" vote on the amended resolution (offered by Councilman Scott) be changed to a "yes" vote. The Resolution, therefore, passed unanimously. RESOLUTION NO. 7524 - On October 2, 1973, the Council authorized DETERMINING AND DECLARING the acquisition of this property in order PUBLIC NECESSITY OF THE to realign Brisbane Avenue between Fourth ACQUISITION OF PROPERTY Avenue and North Glover Avenue to provide OWNED BY LEAH SHAPOV improved street access to the northward FOR THE BRISBANE AVENUE of Trousdale Drive. The negotiations upon RIGHT-OF-WAY REALIGNMENT this property owned by Ms. Leah Shapov have AND AUTHORIZING THE reached an impasse. The Council has directed COMmeNCEMENT OF CONDE~A- the City Attorney to con~nence condemnation TION PROCEEDINGS TO ACQUIRE proceedings. SAID RIGHT-OF-WAY City Ceuncil Meeting 12 November 12, 1974 Resolution offered Offered hy Councilman Hyde, the reading of the text was waived by unanimous con~ sent, passed and adopted by the following vote, to~wit~ AYES; Councilmen Hyde, Egdahl, ~ott, Hobel, Hamilton Noes; None Absent: None ORDINANCE NO. 1578 ~ Ordinance Nos. 1578, 1579 and 1580 have REPEALING ARTICLE II been prepared for the recodification of OF CHAPTER 3, SECTIONS the City Code. Ordinanc~ Ne. 1578 is no 3.6 THROUGH 3.9 OF THE longer necessary because of the recent CHUiA VISTA CITY CODE adoption of the new Sign Ordinance. RELATING TO SIGNS - FIRST READING Ordinance placed on It was moved by Councilman Hobel that ~his first reading ordinance be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen ttobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1579 - This ordinance is strictly a housekeeping AMENDING ORDINANCE NO. measure eliminating confusing language and 1073, SECTION 1, AND repetition of the same information. SECTION 20.35.2(i) THEREOF CONTAINED IN CHAPTER 20 OF THE CHULA VISTA CITY CODE~ ALL RELATING TO NOISE REGU- LATIONS - FIRST READING Ordinance placed on It was moved by Councilman Hobel that this first reading ordinance be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1580 - This is strictly ~ housekeepSng measure to REPEALING ORDINANCE eliminate confusing language and repetition NOS. 872 AND 1023, of the same information. ~HICH HAVE BEEN SUPER- SEDED OR PRE-EMPTED AND SHOULD NOT BE CODIFIED IN THE 1974 CHULA VISTA CITY CODE - FIRST READING City Council Meeting 13 November 12, 1974 Ordinance placed on first It was movad by CouncilMan Hobel that this reading ordinance be placed on first reading and that reading of th.e text be waived by unanimous consent, The motion carried by the following vote, to~wit~ AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1576 - At the meeting of October 29, 1974, the AMENDING ORDINANCE NO. Council directed that the Procedural 1486 RELATING TO THE Ordinance be amended to change the meeting TIM~ OF REGULAR M~ETINGS time from 7:00 p.m. to 7:30 p.m. ~e OF THE CITY COUNCIL - ordinance had its first reading at the SE~0ND READING AND meeting of November 5, 1974 and will become ADOPTION effective for the meeting of December 17, 1974. Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None CITY MANAGER'S REPORT Director of Personnel City Manager Thomson announced that Mr. namod Assistant Manager Tom McCabe, Director o£ Personnel, has been named Assistant City Manager of National City and will assume that position as of December 2, 1974. Removal of hanging baskets The Downtown Association has asked the along Third Avenue City to remove the hanging baskets along Third Avenue. Mr. Thomson reported that the City is doing this. Some of the baskets are in an unsafe condition and present a public hazard. PBP and CETA Programs City Manager Thomson explained that PEP is "dove-tailing" into the CETA Program. Ap- plications are now in process and due on November 22, 1974. This will be submitted to the Council at the meeting of November 19, 1974. Painting of buses City Manager Thomson commented that the newly-painted City bus (Red, white and blue) has been stationed in front of City Hall for Council inspection. If the Council approved this color plan and design, Aztec Bus Lines will proceed to paint the re- maining four buses within thirty days. City Council Meeting 14 November 12, 1974 Councilman Hobel stated he inspected the bus along with the City Clerk and asked for th~ following changes~ [1) the red and blue stripes should follow a curvature pattern at the front door rather than ending in a right-angle; (2) the words "~mla Vista City ~in~s" on the side of the bus are much too small. Councilman Egdahl suggested it be put within the con- fines of the white strip and the letters thickened up and lengthened double the distance. (The red and blue stripes t6be the same width.); (3) the logo to go above the door to be as originally directed and not painted above the door. Motion to paint remaining buses It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that the remaining buses be painted as suggested by Councilman Hobel. REPORT ON RELOCATION Assistant City Attorney Beam, in a written ASSISTANCE - CITY'S report to the Council, presented responses COSTS IN CONDEMNATION of the City's local legislative delega- tion regarding the increased cost of ac- quiring property for public purposes. Mr. Beam reported that the State Relocation Assistance Act was mandated upon the states by the Federal Government, and that because the State law has followed as a mirror image the Federal law, the State Legis- lature has limited authority to drastically change the requirements of the State Act. He also reported that Chula Vista's legis- lative delegation has not expressed an interest in changing the State Act in any event. Mr. Beam suggested that he explore the alternative of determining whether or not the State Act has requirements which go beyond those mandated by the Federal Act, and if such is the case that the State Act be restricted in its term through the League of California Citi~. Interim report accepted It was moved by Councilman llyde, seconded by Councilman Scott and unanimously carried that the City's concern about this matter be sent to the California League of Cities. Assistant City Attorney Beam indicated this has been done. City Manager Thomson reported that Assemblyman Deddeh is going to pursue this at the next legislative assembly. MAYOR'S REPORT League of Cities Mayor Hamilton announced that the next dinner meeting meeting of the League will be held on November 21, 1974 in Coronado. He asked the Council to make reservations with the City Clerk. City Council Meeting 15 November 12, 1974 CPO Public Hearing Mayor ltamilton reported that Cpo will hold a public kearing on transit on Wednesday, December 4, 1974 at tile Hilltop Junior High School Cafeteria at 440 East "J" Street. Executive Session It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that an Executive Session be called at the end of the business meeting for personnel matters. COUNCIL CO~qENTS "J" Street Bridge Councilman Itobel questioned the status of the "J" Street bridge - children walking along the edge. Mr. Cole, Director of Public Works, stated that he talked to the State Maintenance Engineer and that it is being looked into. Councilman Hobel indicated this was critical and asked ~r. Cole to look into it again. "H" Street Bid Mr. Cole reported that bids have been received and he will be sending a memo to the Council on this very shortly. Route 252 Councilman Hobel said that National City bas taken a strong position on this and sug- gested the staff contact the Director of Planning of National City to make this a joint recommendation going to the State. Councilman Scott noted that the Comlcil took action on this at the last meeting and a report will be coming from the staff. South Bay Court Councilman Hyde asked for a status report on the location of the South Bay Court. Mayor Hamilton said he would contact this City's County representative about it. City Manager Thomson reported that the Committee will be holding another meeting shortly and he will report back to the Council on this. Firefighters Reserve Association Councilman Hyde discussed the Police Reserve Association and the work they do for the City. He suggested the possibility of having a similar association for the Firefighters. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the staff investigate the possibility of establishing a Firefighters Reserve Associ- ation comparable to the Police Reserve Association with a report back to the City Council. Endorsement of County Human It was moved by Councilman Egdahl, seconded Relations Report by Councilman Hobel and unanimously carried that the Council endorse the report of the San Diego County Human Relations Commission on the Affirmative Action Policy of the Port City Council Meeting 16 November 12, 1974 of San Diego and that this endorsement be corresponded to the Board of Port Commis- sioners. Traffic on Second Avenue Councilman Egdahl referred to the minutes of a recent Planning Commission meeting whereby they are requesting that the Council initiate stronger action of protest. Councilman Hyde noted that the staff's di- rection was to pursue this item. Hiring Senior Citizens Councilman Egdahl discussed the possibilities of utilizing the Senior Citizens who might be desirous of making a contribution to the community and, in a limited way, supplement their income. He felt these people could be used by the City in perhaps the Park Maintenance crews. Motion for staff direction It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the staff be directed to report back to the Council on the possibility with the aware- ness that there may be some problems here; however, that the problems are worth living with in terms of the humanitarian accomplish- ments. Councilman Hyde said he attended a League Workshop in Los Angeles and an employee of the City of San Leandro spoke on this subject. He is ,the full-time employee who coordinates this service to the community. Councilman Hyde added that he will write to th~s gentle- man for more information. WRITTEN CO~UNICATIONS CLAI~{ FOR DAMAGES - Attorneys Leslie C. Nichols and Rubin CHARLES BARRIOS GONZALES, Tepper have presented a claim on behalf of SAM WESLBY BERRY AND HENRY their clients, Charles Barrios Gonzales, LEE BATTLE, 430 SHErmAN Sam Wesley Berry and Henry Lee Battle who AVENUE, PALO ALTO claim that they wer~ convicted of a viola tion of the California Vehicle Code ~J3102 that said conviction was unconstitutional and void, that the defendant (City of Chula Vista) is retaining money paid by the claimants and continues to receive rents, profits and interest on the moneys paid by the claimants, and that the defendant refuses to return said fines and penalties, even after the convictions were declared unconstitutional and void. Claim insufficient in form Attorney Beam recommended the claim be re- jected as being insufficient in its form. Claim rejected It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this claim be rejected, on the advice of the City Attorney, because of being insufficient in its form. City Council Meeting 17 November 12, 1974 REQUEST FROM THE SALVATION The Salvation Army is requesting permission ARMY FOR PERMISSION TO to place collection kettles at the following PLACE COLLECTION KETTLES locations throughout the City in con~unction AT VARIOUS LOCATIONS ~ith its "Share with Others" Christmas Cheer THROUGHOUT ~tE CITY Programs: Penneys, 591 Broadway Post Office, 750 ~ird Avenue Long's Drug Store, 880 Third Avenue Sears, Roebuck Company, 555 Fifth Two Guys, 40 N. Fourth IFhite Front, I240 Broadway K-Mart~ 1030 Third Avenue Fed Mart, 1385 ~ird Avenue Handyman, 1261 Third Avenue The kettles will be placed on the streets from November 29th through December 24th. Permission granted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that permission be granted, subject to com- ments and recommendations of the City Manager. RECESS TO REDEVELOPMENT MEETING The Council closed the meeting at 9:39 p.m. to the Redevelopment Agency Meeting. ~e meeting reconvened at 9:43 p.m. ORAL COSiMUNICATIONS Paul Yeager Mr. Yeager asked the Council to pass an 414 "J" Street ordinance requiring all commercial vehicles Chula Vi§ta (garbage trucks, cement trucks, etc.) that are unattended in the cab while the engine is running to have the wheels blocked so that the truck will not be able to roll frontwards or back. Motion for staff report It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that th~ City Attorney be directed to look into this. Mr. Yeager asked that this be an emergency ordinance. EXECUTIVE SESSION Th~ Council recessed to Executive Session at 9:43 p.m. and the meeting reconvened at 10:17 p.m. ADJOURNMENT Mayor Itamilton adjourned the meeting at 10:17 p.m. to the meeting scheduled for Wednesday, November 13, 1974 at 4:00 p.m. City Clerk