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HomeMy WebLinkAboutcc min 1974/10/29 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 29, 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 ~611owing Councilmen present: Councilmen Egdahl~ Scott, Hamilton, Hobel, Hyde Councilmen absent: None Staff present~ City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Assistant Director of Planning Williams, Fire Chief Smithey, Director of Finance Grant, Assistant City Attorney Beam, Director of Parks and Recreation Hall, Chief of Police Winters, Associate Planner Lee, Administrative Analyst Smith The pledge of allegiance to the Flag was led by Vice-Mayor Egdahl followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Scott and seconded by Councilman Hobel that the minutes of the meetings of October 15 and 16, 1974 be approved, copies having been sent to each Councilman. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Egdahl Noes: None Absent: Mayor Hamilton, Councilman Hyde (Mayor Hamilton arrived at the meeting at this time) INTRODUCTION OF GUEST Mayor Hamilton introduced ~,~s. Ruth Chapman~ member of the Board of Education, Sweet- water Union High School District, as guest of the Council for this meeting. Mrs. Chapman invited the Council and the citizens of Chula Vista to Open House at the various schools and to the special Open House at the new Del Rey High School on December 8, 1974. PROCL;J~ATION - "~BRICAN Mayor tlamilton proclaimed the week of EDUCATION WEEK" October 27 through November 2, 1974 as "American Education Week." Mrs. Chapman accepted the Proclamation. PROCLAMATION - "JUNIOR Mayor Hamilton proclaimed the month of WOM~'S CLUB MONTH" November 1974 as "Junior Woman's Club Month" in the City of Chula Vista. Ms. Darlene Farwell, President of the Chula Vista Junior Woman's Club, accepted the Proclamation, PROCLAMATION COMMENDING Mayor Hamilton issued a Proclamation to GREGORY SHAVER Mr. Gregory Shaver commending him for his actions in detecting and reporting a fire on October 3, 1974, thereby saving the life of the victim trapped in an apartment. City Council Meeting 2 October 29, 1974 OATH OF OFFICE - YOUTH COMMISSIONERS City Clerk Fulasz administered the Oath of Office to the following newly-appointed Youth Commissioners: Beverly Cuevas David Poret Terry Garrison Ken Roberts FINANCIAL REPORT - VISITORS The report submitted was a summary of re- AND CONVENTION BHRE~U cei~ts and disbursements for July through September 1974. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report be accepted. REPORT OF PORT COMMISSIONER Mr. Robert Campbell was unable to be pre- sent to give the Council his monthly report and asked that he be put on the agenda for November 5. 1974. Continued until November S It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the Port Commissioner's report be given at the meeting of November 5, 1974. ORAL CO~4UNICATIONS Paul Greene, Sr. Mr. Greene stated he received a false arrest 141 Lotus Drive on October 17, 1974 claiming he unlawfully Chula Vista entered a facility at the Community College. Me stated this was a public meeting and he had the right to enter this meeting. Mr. Greene added that he was suing for three trillion dollars; however, to go enter small claims court, he has reduced the suit to $500. His claim comes up in Municipal Court on November 7 and at that time he can raise the amount to $5,000. Mr. Greene asked that he be permitted to go into Executive Session with the Council in the hopes that a settlement can be reached on the $500 amount; otherwise, he will raise it to $5,000. Mayor Hamilton directed the City Attorney to meet with Mr. Greene and report back to the Council. PUBLIC }~ARING - Director of Finance Grant submitted a writ- CONSIDERATION OF MISSION ten report from the Committee selected to CABLE TV RATE CHANGES review the requested rate increases: Councilman Egdahl, City Manager Thomson and Director of Finance. Grant., It was their recommendation that: 1. Approve the proposed schedule of rate increases. 2. Allow the City Manager the authority to increase the established rates upon City Council Meeting $ October 29, 1974 proper application to his office con- tingent upon the fact that they would not exceed a ten percent rate of return. Franchises in the City Councilman Scott indicated that one of the main considerations of the con~ittee was to see whether or not there should be two franchises in the City. This problem came about regarding getting Cable TV in the E1 Rancho del Rey area. Council discussion Discussion followed as to the meetings held by the two committees and the charges made to the committees by the Council. Cable TV in Encore Subdivision City Attorney Lindberg noted the problems encountered in getting cable TV to Encore Subdivision, The staff is working with the Cable TV Company to move ahead on this project and a report will be forth- coming to the Council within two or three weeks. Public hearing opened This being the time and place as advertised, the Mayor opened the public hearing. Dennis Marmon Mr. Marmon referred to the meeting of Manager, Mission Cable TV July 9, 1974, in which the two committees 6225 Federal Boulevard were established. One committee was to San Diego study and make recommendations on the rate schedule. This report was due on August 15, 1974; however, because of vacation schedules, they were unable to meet that goal. Roy Muraoka Mr. Muraoka stated that: he is manager of 102 Quintard Street the Palace Gardens Mobilehome Park at this Chula Vista address. He said he has waited for one and one-half years to get Cable TV for his 54 units in the Park and it was only last week, through the help of the City Attorney's office, that he was able to make contact with the Cable TV firm. Mr. Muraoka remarked that the company services the three adjacent areas to his Mobilehome Park -- working out in the County -- but is unable to service his area which is in the City. Installation Charges Councilman Scott questioned the justifica- tion for increasing this charge by almost 100% - from $11.25 to $19.75. He noted that Mission Cable waives this fee in many promotional events. Mr. Marmon explained the need for the increase, which he said was due to the present costs of labor and material. As to the Council's query concerning service to Mr. Muraoka, Mr, Marmon indicated this was the first he heard about the problem and would personally follow through on it and see that something gets done. John Martin In answer to Councilman Hobel's questions, 533 Baltimore Drive Mr. Martin explained the accounting pro- La Mesa cedures used by the Company in classifying City Council Meeting 4 October 29, 1974 cable as a capital item. The normal life expectancy of cable is eight years. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Hearing reopened Councilman Hobel indicated he had another question of the applicant. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the hearing be reopened. Capital money Councilman Hobel asked the applicant what they were doing with the large amounts of capital money, requiring borrowing, as far as Chula Vista is concerned. Mr. Martin explained that any new projects in the City would require borrowing money, such as putting in conduits, pedestals, etc.~ to service new subdivisions. Cable runs $8,000 a mile (overhead construction), and underground runs $10,000 to $11,000 a mile; converting to underground (from overhead) costs $30,000 a mile. Percentage in Chula Vista Councilman Scott asked what the percentage was of the total capital outlay which is being put into Chula Vista versus the total system. Mr. Martin remarked it was 12,4% in Chula Vista which has 11,051 subscribers. Public hearing closed This being the time and place as advertised, the public hearing was closed. Resolution offered Offered by Councilman Egdahl. Discussion of Resolution Councilman Hobel said he was concerned about the {nstallation charge indicating that the increase was a ~ubsidy for their promotion programs. Director of Finance Grant explained that the actual rate of in~rease Mission Cable TV will receive in Chula Vista from the new rate schedule is 6.46%. Councilman Scott discussed the installation charges, stating he would be able to support a figure of from $12.00 to $15.00. Amended Resolution offered It was moved by Councilman Hobel that an amendment be made to the Resolution stating that ail the rates structures be approved as proposed except in the area of the initial installation, and in place of the $19.75, a new amount of $16,50 be inserted. No second to motion The motion died for lack of second. Discussion of motion The Council discussed the rationale for the figure used in the amended motion. City Council Meeting 5 October 29, 1974 City Manager's comments Mr. Thomson remarked that the promotional events (giving free installations) were really an advertising expense. The standard return for a Cable TV company was approxi- mately 14% and this company is asking for just a little higher than 6%. Mission Cable feels that if they raise their rates to their standard, it would damage their own market, RESOLUTION NO. 7494 - Offered by Councilman Egdahl, the reading APPROVING NEW RATES FOR of the text was waived by unanimous con- MISSION CABLE TV sent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton. Noes: Councilman Scott Absent: Councilman Hyde RECESS A recess was called at 8:16 p.m. and the meeting reconvened at 8:34 p.m. CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7495 - The City owns a 40 foot wide parcel for APPROVING AND GRANTING road purposes north of "D" Street, which EASEMENT TO SAN DIEGO is reserved for the future extension of GAS & ELECTRIC COMPANY First Avenue. San Diego Gas & Electric FOR GAS PURPOSES has requested a grant of easement in order to provide gas service to a residence at 89 First Avenue. (End of Consent Calendar) RESOLUTION NO. 7496 - In accordance with Council's policy APPROPRIATING FUNDS AND concerning fence construction at Hilltop ACCEPTING BID FOR CON- Park (50-50 basis with individual property STRUCTION OF FENCE AT owners), the Parks and Recreation Depart- HILLTOP PARK (WILBUR BLINK) merit recommended that the sum of $322.82 be appropriated to cover the City's share of the expense for the construction of the fencing for Mr. Wilbur Blink, 23 "K" Street. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilman Scott, ttobel, Hamilton, Egdahl NOES: None Absent: Councilman Hyde RESOLUTION NO. ?497 - At the meeting o£ October 16, 1974, Council PROVIDING FOR THE SPECIAL directed that a resolution be brought back APPROPRIATION OF FUNDS TO authorizing payment of tuition to any Planning COVER PLANNING SEMINAR Commissioner, Planning staff member or City TUITION COSTS Councilman wishing to attend the twe-day seminar on Land Use Regulations at the Univer, sity of California, San Diego on November 9 and 16, 1974. Four persons have signed to attend; therefor%, the appropriation is for $160.00 ($40.00 for each person). City Council Meeting 6 October 29, 1974 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 Noes: None Absent: Councilman Hyde RESOLUTION NO. 7498 - A formal agreement must be executed between APPROVING AGREEMENT BETWEEN the City of Chula Vista and the State Department THE CITY OF CHULA VISTA AND of Finance for the 1975 mid-decade special THE DEPARTMENT OF FINANCE OF census. The terms of the agreement require the THE STATE OF CALIFORNIA FOR City to furnish the State all the needed data, CONDUCTING 1975 MID-DECADE reimburse the State for all costs within 30 days CENSUS of the completion of the census, and allow the State Department of Finance to choose the methodology utilized in the enumeration of the population. 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 Noes: None Absent: Councilman Hyde RESOLUTION NO. 7499 - This is a joint effort for the improvement of APPROVING AGREEMENT BETWEEN Albany Avenue between Main Street and Tremont THE CITY OF CHULA VISTA AND Street with the City of Chula Vista, San Diego CHULA VISTA CITY ELEMENTARY Gas and Electric Company, San Diego County and SCHOOL DISTRICT FOR THE the Chula Vista City School ~strict. The total IMPROVEMENT OF ALBANY estimated cost of project is $73,000. The AVENUE agreement delineates the cost and requirements for each entity. 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 Noes: None Absent: Councilman Hyde RESOLUTION NO. 7500 - On August 21, 1974, the City Council deter- APPROVING AGREEMENT BETWEEN mined that the northerly 40% of the total THE CITY OF CHULA VISTA AND library site (Fourth and "F" Streets) be TUCKER AND KATER, LANDSCAPE included in the landscape development of ARCHITECTS FOR LIBRARY the library proper and that such expanded LANDSCAPE DEVELOPMENT improvements include site grading to finish contours, soil preparation, automatic irrigation systems and planting of lawn. It was recommended that the Council ap- prove the amendment and authorize the expenditure of $9,600 for architect's fees. 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, Egdahl Scott Noes: None Absent: Councilman Hyde Ci%y Council Meeting 7 October 29, i974 RESOLUTION NO. 7501 - The California Environmental Quality Act CERTIFYING THE ENVIRONMENTAL requires certification of Environmental IMPACT REPORT FOR PLAZA Impact Reportswhere such reports are DEL REY required prior to any decision being made by a decision-making body. On October 16, 1974, the Council, by minute action, certified the EIRand this resolution solomni- fies that certification and will be in- corporated as part of the record of Plaza del Rey, Letter received City Clerk Fulasz stated she received a letter from Miss Esther Lassman which was asked to be read into the record. City Attorney Lindberg said the letter should be read under "Written Communica- tions'' as it is relative to Planning Commis- sion consideration of the balance of the property and does not relate to Plaza del Rey. 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: Councilm~n Scott, Hobel, Hamilton, Egdahl Noes: None Absent: Councilman Hyde RESOLUTION APPROVING THE At the request of the City Council (meeting MODIFICATION OF THE GENERAL of October 16, 1974) the City Attorney has DEVELOPMENT PLAN AND GENERAL prepared the resolution setting out terms DEVELOPMENT SCHEDULE FOR A and conditions for the modification of the PORTION OF THAT PROPERTY applicant's General Development Plan KNOWN AS EL RANCHO DEL REY, and General Development Schedule. A de- BEING DESIGNATED AS PLAZA tailed Development Plan and Schedule will DEL REY be forwarded to the Planning Commission in accordance with the terms of the Resolu- tion. Also prepared is an Ordinance as one of the conditions of approval which would incorporate the property into the A-8 zone in the event that a planned development permit shall not have been issued within two years of the effective date of the ordinance. The ordinance will be brought back to the Council at the time the resolution amending the General Development Plan and Schedule is presented to the Coun- cil for final action. Changes in Resolution City Attorney Lindbcrg explained that the Resolution is not presented for adoption, but rather for any Council comments so that appropriate modifications can be made. Mr. Lindberg offered the following changes in the Resolution: Page 1, Paragraph 3: Change the wording to; ",..City Council has directed the applicant in coordination with the Planning Department.,." City Council Meeting 8 October 29~ 1974 Page 2~ Condition #2: The area of profes- sional uses would not really be confined to the 20 acres for recreational and com- mercial uses, but would be located some- place within the 100 acres devoted to the regional shopping center (80 acres for the shopping center and 20 acres for recreational and commercial uses). Page 2, Condition #3: A better definition should be given to what is considered "the northerly area of the subject property." This should be modified to indicate ~hat it be "6orth of the area that is designated as the Village Area within the loop street." Also, that this be confined to the single-family residences and open space. Page 2, Condition #4: At the end of the paragraph, it should refer to the existing standards in the Bonita-Telegraph Canyon area rather than the Bonita-Otay area. Page 2, Condition #S: The wording should be changed to: "...in accordance with the ~anda~d* spirit set forth in the H Modifying District Page 2, Condition #6: It is understood that "H" Street will be aligned and a grade estab- lished and that a grant to the City be under- taken at the time the planned development permit would be issued. In following through with the construction of the regional shopping center, at that point, there would be an actual grading of the street because there would be a possibility of obtaining some of the required fill material from that ~rading. The staff would set the standards in the General Development Plan in more detail for the needed improvements on "H" Street to handle the traffic expected from the regional shopping center and later by the development of the residential area. Council discussion Council discussion followed regar~ding the definition of the term "spirit" of the ordi- nance, the grading, phases of development, and the architectural design of the development. City participation in Director of Public Works Cole reported that "H" Street costs it has been indicated with E1 Rancho del Rey and the DLB Corporation that the City would participate in the costs of the fifth and sixth lanes and half the total cost of the center island. Underground parking Councilman Egdahl asked that the Council consider another condition to the Resolution requiring underground parking for the regional shopping center commenting on the amount of fill that would be needed for the plan as proposed. Councilman Egdahl recognized that there may be cost factors to be considered, but declared that this type of parking has been done and is being done in developments. City Council Meeting 9 October 29, 1974 It was moved by Councilman Egdahl and seconded by Councilman Scott that a condition be added - No.7 - that underground parking be provided, in consultation with the staff to the fullest extent possible. This would be in the area south of "H" Street, which is the commercially- Square footage of Mayor Hamilton asked if Councilman Egdahl was shopping area also asking that the square footage of the proposed shopping center be increased to 1.2 million square feet as indicated by his recent memo to the Council. Councilman Egdahl said he would be willing "to entertain" that proposal but is not offering as a trade-off for the underground parking. Council discussion A lengthy discussion followed by the Council regarding the amount of fill needed for the development, the aesthetics of underground parking, the cost, the drainage problems, and the environmental effects of the proposal. Donald Worley, Attorney Mr. Worley, attorney for DLB Corporation, 5005 Fourth Avenue raised the following point: after review of San Diego all the factors and taking into account that this is an integrated project with a number of interdependent elements, it is their opinion that they must have the flexibility of developing up to a maximum of 1200 dwelling units to make the project viable. (Councilman Hyde arrived at the meeting at this time) Mr. Worley noted a procedural point regarding the reversionary aspect of the motion: if they do not develop any portion of this plan within 2-year period of time, the area would revert to an A-8 holding zone. Mr. Worley remarked that the P-C Ordinance states that the matter comes back to the Council in two years for review, in any event; therefore, they feel the reversionary provision is superfluous. As to the underground parking proposal, Mr. Worley declared that "it is impossible." Covered parking costs 4 and 1/2 times as much as uncovered parking, or in this ease, an increase of 3 1/2 million dollars. Councilman Hyde asked the staff for comments regarding underground parking. Assistant Director of Planning Williams said the question was really one of the design of the Center - how many stories is it going to be - how many stories of parking stalls will be needed - Council has to take into consideration that there will be 5400 parking spaces for this Center. City Council Meeting 10 October 26, 1974 Motion failed The motion for underground parking failed by the following vote; to-wit: Ayes; Councilm~n Egdaht NOES; Councilmen Scott, Hobel, Hamilton Hyde Absent~ None Motion for consideration It was moved by Councilman Scott and seconded of underground parking by Councilman Hyde that a condition be added to state that underground parking be considered and any other ideas that would mitigate cutting and filling of the area. Discussion of motion Discussion ensued as the merits of the motion. City Attorney Lindberg explained that the conditions set forth in the Resolution were not simply directives, but rather limitations. This last motion is directive to the extent that it would be a feasible and workable process. Councilman Hobel felt the motion was not needed - the staff knows what its charge is and the applicant will work with the staff. Motion carried The motion carried by the following vote, to-wit: AYES; Councilmen Scott, Hyde, Egdahl Noes: Councilmen Hobel, Hamilton Absent: None Resolution referred It was moved by Councilman Hobel, seconded by to Planning Con~ission Councilman Scott and unanimously carried that the Resolution as amended (as suggested by the City Attorney) be referred back to the Planning Commission for report back to the Council. RESOLUTION NO. 7502 - The property was to be acquired to realign Brisbane DETERMINING AND DECLARING Avenue between Fourth Avenue and North Glover Avenue PUBLIC NECESSITY OF THE provide improved access to the northward of ACQUISITION OF BRISBANE Trousdale Drive. Certain other properties AVENUE RIGHT-OF-WAY FOR concerned in this realignment have already PUBLIC STREET PURPOSES been acquired through negotiation. The negotia- AND AUTHORIZING THE COM- tion upon this property owned by Mr. and Mrs. MENCEMENT OF CONDEMNATION Ralph R. Giddings, through Mr. C. C. Alley, PROCEEDINGS TO ACQUIRE have reached an impasse. Council has directed SAID RIGHT-OF-WAY the City Attorney to commence condemnation proceedings. 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 City Council Meeting 11 October 29, 1974 ORDINANCE NO. 1575 ~ On Se~teBher 17, 1974, the Council reached A~NDING THE ZONING basic'decision,'in the ~gn ordinance and ORDINANCE (CHAPTER 33 asked that it he br0ugh~ back in final form. OF THE CHULA VISTA CITY Director of planning peterson ~ubmitted a CODE) ALL RELATING TO written report noting the portions of the REGULATIONS OF SIGNS ordinance that have been changed to clear up IN ALL ZONES IN TI~ discrepancies or contradictions questioned CITY OF CHULA VISTA ~ at the meeting of September 17. FIRST READING ' Jerry Prior Mr. Prior, representing the Chamber of Commerce 689 "H" Street Sign Committee, referred to page 35, item 3 of the sign ordinance which states: "...how- ever, repainting for the purpose of changing or altering copy will require the sign be brought into conformance with all standards and regulations in effect at the time of the request for approval." He indicated this was not the direction of the Council and questioned its validity. City Attorney Lindberg declared that he wasn't aware this was written into the ordinance and stated it would be taken out. Mr. Prior then referred to pages 38-39 of the ordinance referring to design review require- ments. He indicated these will be sensitive areas in the future, and asked the Council's indulgence to consider them on an individual basis giving full consideration to the applicant's needs. Ordinance placed on It was moved by Councilman Hobel, as modified, first reading that this 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 Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1574 - After holding a public hearing on October 16, CHANGING ZONE FOR 1974 for consideration of this zone change, APPROXIMATELY 10 ACRES the ordinance was placed on first reading. LOCATED ON THE WEST SIDE OF It is now before the Council to be placed on OTAY LAKES ROAD, 660 FEET second reading and adoption. NORTH OF "H" STREET FROM C-T-D TO C-O-P AND C-C-P - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None City Council Meeting 12 October 29, 1974 REPORT ON EVALUATION OF Chief of Police Winters submitted a report JUVENILE DIVERSION PROGRAM stating that there has been a significant AND GRANT decrease in recidivism for those juveniles who have been bandied by diversion in the community versus the group of juveniles who were referred to the Juvenile Probation Depart- ment. One of the strong points in the program has been the two Juvenile Counselors who have done an excellent job of identifying and developing diversion agencies within the South Bay community. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. RESOLUTION NO. 7503 - ~Fhe total cost of the program for the third APPROVING BUDGETARY year is $39,218 (September 1, 1974 through ACCOUNTS FOR JUVENILE August 31, 1975). Federal and State funds COUNSELING, EDUCATION will be contributed in the amount of $29,133 AND INVESTIGATIVE UNIT and the City will contribute matching funds GRANT NO. 1227, THIRD of $10,085. It is necessary to establish the YEAR required trust funds and budget accounts to meet the recommended accounting procedures. 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 REPORT ON STATUS OF 1911 On April 2, 1974, the Council accepted a ACT SEWER IMPROVEMENT DIS- petition for a 1911 Act Improvement District TRICT IN THE ROSEBANK AREA for the installation of a sewer system in OF CHULA VISTA the Rosebank area. At that time the Council directed the Director of Public Works to prepare plans and cost estimates for the project. Mr. Cole, Director of Public Works, submitted a tentative schedule of the proposed project indicating that completed plans and cost estimates will be ready on January 1, 1975 with the total project completed on September 1, 1975. On November 4, 1975, the City Council will hold a public hearing on a resolution confirming the assessments for the District. Report accepted It was moved by Councilman Hyde,seconded by Councilman Egdahl and unanimously carried that the report be accepted. STATUS REPORT ON REVIEW On October 1, 1974, the Human Relations Commission OF HUMAN RELATION COMMIS- recommended to the Council that the City join SION'S RECOMMENDATION THAT the San Diego County Housing Authority. The THE CITY OF CHULA VISTA matter was referred to the staff for comments JOIN THE SAN DIEGO COUNTY on the advantages and disadvantages of such a HOUSING AUTHORITY proposal. Director of Planning Peterson presented a written analysis of the request asking that the Council defer action on the recommendation pending a meeting to be held between Administrator Alan Coleman and the City Managers and Directors of Planning of San Diego County. City Council Meeting 13 October 29, 1974 Report accepted It was moved b7 Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the department head~s recommendation be accepted and action be deferred. REPORT ON PROCESSING Director of Planning Peterson presented the BUILDING PERMIT APPLICA- Council with a written report concerning the TIONS WITHIN THE PERMIT building permits issued in the City. AREA OF THE SAN DIEGO noted that the normal review of the permits COAST REGIONAL CO~[qlSSION includes a check to determine whether a permit is necessary from the San Diego Coast Regional Commission. If such a permit is necessary, the applicant is advised prior to the prepara- tion of working drawings. Recently, a new staff member failed to detect that a certain project was within the jurisdiction of the Coast Regional Commission and the applicant was notified considerably later than usual. Established procedures in the department are assigned to avoid this type of error. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously Carried that the report be accepted. PRELIMINARY SEISMIC The State Planning and Zoning Law required SAFETY ELEMENT OF THE each city and county to prepare and adopt CITY OF CHULA VISTA a Seismic Safety Element as part o£ its General Plan. According to Section 65302 (f) of the Government Code, the element "shall consist of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking, to ground failures, or to effects of seismically induced waves such as tsunamis and seiches." Referred to Planning It was moved by Councilman Scott, seconded by Commission Councilman Egdahl and unanimously carried that the Seismic Safety Element be referred to the Planning Commission for public hearing and recommendatory action. REPORT ON CONSIDERATION Councilman Scott noted that the Planning Com- OF AMENDMENT TO ZONING mission did not hold a formal public hearing ORDINANCE TO PERMIT on this item. COMMUNAL HOUSEHOLDS IN THE R-1 ZONE Motion to refer back It wa5 moved by Councilman Scott, seconded by to Planning Commission Councilman Hobel and unanimously carried that this matter be referred back to the Planning Commission for a public hearing for the possiblity of uae by conditional use permit of communes in the various residential areas. Included in motion Councilman Hobel requested that the report of the Iiuman Relations Commission be forwarded to the Planning Commission. Councilman Scott included this in his motion. City Council Meeting 14 October 29, 1974 Request to speak Mayor Hamilton said he had a request from William Rambur to speak on thi~ item~ He told Mr. Rambur that it would be more appropriate fur him to present his testimony to the Plan~ing Commission at the public hearing. REQUEST TO CONTACT For the past few meetings, the Youth Commission LEGISLATORS INFORMING has been studying legislation introduced at the THEM OF ENDORSEMENT OF "Assembly Symposium on Services to Children YOUTH RELATED LEGISLA- and Youth" held in Sacramento last April. The TION Commission cited nine Assembly Bills which they endorsed and asked permission to contact Assemblyman Deddeh and Senator Mills informing them of the endorsements. City Manager Thomson indicated that the Council should have more information on the proposals. Referred back to Youth It was moved by Councilman Scott, seconded by Commission Councilman Hyde and unanimously carried that this matter be referred back to the Youth Commission for more information as to what exactly are the various Assembly Bills. MAYOR'S REPORT Designation of Voting It was moved by Councilman Egdahl, seconded by and Alternate Voting Councilman Hobel and unanimously carried that Delegates - 50th Annual the Mayor be designated as the Voting Delegate Congress of Cities and Councilman Scott as the Alternate for this Conference - Houston Conference. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that an Executive Session be called at the close of the business meeting for reasons of personnel and pending litigation. CHANGE OF MEETING TIME It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the ordinance be brought back to the City Council changing the meeting time from 7:00 p.m. to 7:30 p.m. CHILDREN WALKING ALONG Councilman Scott commented on the number of "J" STREET BRIDGE children walking along the outside of the "J" Street bridge, and felt that some safety device should be installed so that it would be next to impossible for the children to walk on it. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the City Manager be directed to contact whoever needs to be contacted to take care of this situa- tion, as expeditiously as possible. City Council Meeting 15 October 29, 1974 ROUTE 252 Councilman Scott discussed a meeting he attended of the Streets and Highways Committee of the Chamber of Commerce in which they discussed the proposed freeway between 32nd Street and Division Street (252 designation). The right of way has been purchased; however, San Diego is trying to get this portion of the freeway out of the system. Councilman Scott indicated this portion was vital to Chula Vista as it takes the motorists from I-5 to 805 which, in the long run will take a lot of traffic out of "E", "H" and "L" Streets. Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the staff be directed to look into this Highway 252 and report back to the City Council what action would be appropriate to take. Council Bus Tour Councilman Scott complimented the Director of Parks and Recreation and the staff on the excellent bus tour taken on Saturday, October 26, 1974. AIRPORT LOCATION Councilman Hobel reported he attended a meeting with the three-member panel appointed by the City of San Diego to meet with the Secretary of Defense. The Secretary of Defense came to San Diego today and ruled out any use of Miramar airport even to the point of considering a separate facility adjacent to Miramar. FAU FUNDS It was moved by Councilman Egdahl and seconded by Councilman Scott that the FAU funds be diverted from "H" Street be investigated for use on Telegraph Canyon Road. Director of Public Works Cole stated that the City does not have the option of determining where the FAU funds will be used -- the funds go back and are redistributed. Mr. Cole added that he attempted to get the funds earmarked for possible increases in other City FAU projects, and will continue to pursue this. Motion withdrawn Councilman Egdahl withdrew the motion; Councilman Scott withdrew the second. WRITTEN CONB~UNICATIONS Verified claim for damages - Mrs. Beaty filed a verified claim for damages Ruth Beaty, 497 F Street, in the amount of $272.35 stating that on October Chula Vista 5 and 6, 1974, a broken sewer lateral beyond her property cleanout caused a toilet and bathtub overflow in the first floor apartments. Referred to City Manager It was moved by Councilman Hobel and seconded and City Attorney by Councilman Hyde that this claim be referred to the City Manager and the City Attorney for investigation and recommendation. City Council Meeting 16 October 29, 1974 Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None Request for adoption The County Board of Supervisors adopted an of avocado ordinance ordinance on August 13, 1974 in order to control a significant increase in avocado theft. The ordinance requires documents of ownership and origin to be in the possession of every person transporting a commercial quantity of avocados in the unincorporated area. In order that the ordinance become effective, the Board of Supervisors requested that similar ordinances be adopted by all local jurisdictions. Motion for ordinance It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that an ordinance be brought back which will incorporate the features of the avocado ordi- nance. Request for extension of Mr. Wayne Blackman, Vice President, Kennedy- tentative map - Bonita Blackman Corporation, requested an extension Country Estates of the tentative map of Bonita Country Estates stating that due to lack of construction financing in today's market, they are unable to begin construction until sometime next year when money becomes available. Assistant Director of Planning Williams recommended that the request be extended for ~f~m~c~-~x~ It was moved by Councilman Scott, seconded by ~x~-,~O/~.~c~ Councilman Hobel and unanimously carried that the tentative map be extended for one year. Verified claim for damages - Ms. Meyers filed a verified claim for damages Margaret Meyers, 211 "E" Street, in the amount of $222.00 stating that on June Chula Vista 3, 1974, she slipped and fell on some loose pieces of chips of cement on the sidewalk on the north side of "E" Street east of Third Avenue. As a result of the fail, she sustained a fractured nose, turned ankle and scratched eyeglasses. Assist~tt City Attorney Beam recommended denial stating that the City has no liability on this matter. Claim denied It was moved by Councilman Scott, seconded by by Councilman Hyde and unanimously carried that the claim be denied. City Council Meeting 17 October 29, 1974 Request for waiver of license The Chula Vista Fraternal Order of Eagles for carnival - Fraternal requested a waiver of the license for the Order of Eagles carnival they are sponsoring on November 6 through 10, 1974 at the northwest comer of Second Avenue and Palomar Street. License fee waived It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the fee for the license be waived subject to normal eoordination procedures with the staff. Written Communications -- Mayor Hamilton referred to the two letters of procedures communication (one from Esther Lassman and a memo from the City Manager re American Legion Lease) commenting that there is a procedure for submitting written communications other than having these put before the Council on Tuesday evenings. Councilman Hyde declared that he does not want any further items before him when he comes to the meeting. The Council receives a full package on Friday which they study and prepare for the meeting, and they ~ouldn't have to come to the meeting and receive additional items "on the spot." Further, there is a procedure for "Unanimous Consent" for emergency items. The Council concurred. Mayor Hamilton directed the City Clerk to place these two letters of correspondence under Written Communications for the meeting of November 5, 1974. Councilman Hobel remarked that in the Council packets, there are times when items are missing - they are not ready at the time of mailing. Should this happen again in the future, those items should be scratched from the agenda. Councilman Scott commented that if this happens frequently in the future, the Council should look to the department at fault, noting in particular late items coming from the City Attorney. Executive Session The Council recessed to Executive Session at 10:03 p.m. and the meeting reconvened at 10:35 p.m. Cancellation of Council Conference It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Conference scheduled for Monday, November 4, 1974, be cancelled (meeting with Supervisor Jack Walsh). ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:37 p.m. to the meeting scheduled for Tuesday, November 5, 1974. City Clerk