Loading...
HomeMy WebLinkAboutcc min 1974/09/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 24, 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, City Attorney Lindberg, Assistant City Manager Bourcier, Acting Director of Public Works Robens, Acting Director of Planning Williams, Planning Supervisor Lee, Community Development Coordinator Henthorn The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of August 21 and September 17, 1974 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. Don Ritchey, CO~ISSIONER member of the Parking Place Commission, as guest commissioner for this meeting. PRESENTATION OF SERVICE Mayor Hamilton presented the City Attorney, PIN TO CITY ATTORNEY Don Lindberg, with a 10-year service pin. RESOLUTION NO. 7466 - Offered by Councilman Hobel, the reading of CO~MENDING SANDRA KESNKA the text was waived by unanimous consent, ON HER ENGLISH CHANNEL SWIM passed and adopted by the following vote, to-wit AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent None Mayor Hamilton presented the Resolution to Miss Keshka along with a pendant of the City key. MONTHLY REPORT BY C.R. Mr. Campbell reported on the situation at the CAMPBELL, PORT COMMISSIONER "J" Street ramp. Thc Port's plans were pre- sented to the Wildlife Service -- to remove the spoils from the original dredging and take it out into the Bay and create wildlife islands. The Port District has hired Dr. David Smith as a consultant in the field of environmental control to work with the District and the various agencies involved in this field. Mr. Campbell noted that the Port District received the new alignment of Tidelands Avenue from the City and indicated he would City Council Meeting 2 September 24, 1974 work through the Manager's office as the alignment needed to be revised. The landscaping, irrigation and concrete side- walks between Tidelands Avenue and the boat launching facility will be completed by the end of October. As to Lindberg Field, the Port District has gone on record as not favoring relocation of this field. In answer to Councilman Hyde's query, Mr. Campbell referred to a letter given to the City Manager from Don Nay of the Port District which summarizes the different meetings and the difference of opinion of the northwest corner of the Bayfront area. Mr. Nay has in- dicated that they are now close to a compro- mise position on this matter. PRESENTATION OF AMERICAN Mr. Walter F. Lew, Youth Activity Chairman, LEGION BOY AND GIRL Chula Vista Post 434, American Legion, pre- STATERS sented Chuck Day and Doug Midgley -- Boy Staters, and Cindy Tschogl and Beatriz Araiza -- Girl Staters. Mayor Hamilton presented each student with a Certificate of Recognition. ORAL CORMUNICATIONS Fred A. R. Drew Mr. Drew discussed the changing picture of 1275 Banner Avenue the City in the last eight years, noting par- ticularly the Civic Center complex which has now been obstructed by "a cigar-box of a police headquarters"; a freeway into the City not landscaped while that of National City contains a green roadway; shopping carts prev- alent around apartment complexes; and super- market parking areas kept in an unclean manner, The Mayor and members of the Council noted that the State Highway puts in and maintains the landscaping on the freeways which is in- stalled two years after a freeway has been completed. Don Ritchey Mr. Ritchey remarked that recently he was Guest Commissioner privileged to hear the testimony given by Mr. McDonald to the San Diego City Council con- cerning relocation of the airport -- notably against moving the airport to Brown Field. Mr. Ritchey urged the staff to obtain a copy of this testimony for the City Council. RECESS A recess was called at 7:45 p.m. and the meet- ing reconvened at 8:00 p.m. PUBLIC HEARING - Planning Supervisor Lee referred to the written CONSIDERATION OF AMENDMENT report of the staff noting that this was a TO ZONING ORDINANCE TO PERMIT City Council initiated request to study the RESIDENTIAL USES IN CERTAIN desirability of residential uses in commercial CORMERCIAL ZONES zones. He explained that in the C-B and C-O City Council Meeting 3 September 24, 1974 zones, R-3 uses are allowed by conditional use permit. There are presently 883 residen- tial units in Chula Vista's commercial zones. He reported that the Director of Planning concurred with the recommendation of the Planning Commission which was to adopt a zoning ordinance amendment to permit residen- tial uses in the C-N and C-C zones. 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. Density figure questioned In answer to Councilman Hyde's question, Mr. Lee affirmed that Planning Commission Resolu- tion PCA-74-4, (2a) should state: "High den- sity residential use (17.4 DU/Acre) ..." rather than "Lew density residential ..." ORDINANCE NO. 1571 - It was moved by Councilman Hyde that this AMENDING SECTIONS 33.508 C ordinance be placed on first reading and that AND 33.509 C OF CHAPTER 33 reading of the text be waived by unanimous OF THE CHULA VISTA CITY CODE consent. TO PERMIT RESIDENTIAL USE IN THE C-N AND C-C ZONES - The motion carried by the following vote, FIRST READING to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted with the exception of the resolution pertaining to CPO's weighted vote. RESOLUTION NO. 7467 - On August 28, 1974, and September 3, 1974 ACCEPTING, DEDICATING AND Mr. and Mrs. Joseph T. Simmons and Mr. and NAMING CERTAIN REAL PROPERTY Mrs. Frank Pasternaki granted to the City a IN SAID CITY FOR STREET AND parcel of land having a 30-foot radius which HIGHWAY PURPOSES LOCATED is needed to provide street frontage to the ON DEL MAR AVENUE property and to provide for the cul-de-sac at the northerly end of Del Mar Avenue. RESOLUTION NO. 7468 - The Hilltop Baptist Church granted the City ACCEPTING GRANT OF EASEMENT an easement for landscaping and irrigation FROM HILLTOP BAPTIST CHURCH, purposes on the existing slope between the 740 HILLTOP DRIVE FOR church parking lot at 740 Hilltop Drive and LANDSCAPING AND IRRIGATION the City's Hilltop Park. The City staff will PURPOSES perform certain work consisting of minor grading along the top of the slope, dressing of slope, installation of landscaping and an irrigation system. UNANIMOUS CONSENT ITEM RESOLUTION NO. 7470 - This resolution was presented to the City RESOLUTION GIVING NOTICE TO Council by the City Attorney directing Mr. HARRY NIETO TO APPEAR BEFORE Nieto to appear before the Council on CITY COUNCIL ON OCTOBER 8, 1974 October 8, 1974 regarding his hog ranch at 4900 Otay Valley Road. City Council Meeting 4 September 24, 1974 RESOLUTION NO. 7469 - South Bay Pioners, Inc., have submitted a ELECTING TO PROCEED UNDER request and paid the required fees for the THE PROVISIONS OF THE STREET vacation of Third Avenue from "C" Street to VACATION ACT OF 1941, Sea Vale Street. On September 11, 1974, the DECLARING THE INTENTION OF Planning Commission recommended approval of THE CITY COUNCIL OF THE CITY the vacation. OF CHULA VISTA TO VACATE A PORTION OF THIRD AVENUE FROM The public hearing date is set for October iS, "C" STREET TO SEA VALE STREET 1974. (End of Consent Calendar) RESOLUTION NO. 7471 - The agreement essentially reverses the weighted AUTHORIZING THE MAYOR TO vote of the City and County of San Diego when EXECUTE AN A~NDMENT TO the weighted vote is requested on items iden- THE JOINT POWERS AGREEMENT tilled in the Catalog of Federal Domestic ESTABLISHING THE COMPRE- Assistance giving the heavier weight of vote HENSIVE PLANNING ORGANIZATION to the County rather than the City. CHANGING THE APPLICATION OF THE WEIGHTED VOTE Councilman Scott commented that equity would demand that San Diego get a larger vote than the County; however, even though the County has only 20% of the population, they still get 30% of the vote. Councilman Hobel declared that San Diego sup- ports this weighted formula related to the specific items as listed in the agreement. 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 APPROVING THE TENTATIVE MAP OF A SUBDIVISION TO BE KNOWN AS JAY L JAY APARTMENTS FOR CONVERSION OF APART- MENTS TO CONDOMINIUM Continuance granted Councilman Hyde noted the letter submitted to the City Council from Attorney Clifton Reed representing the Jay L Jay interests asking that the matter be deferred until some indefinite date. Resolution deferred It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be removed from consideration this evening. RESOLUTION NO. 7472 - At its meeting of September 17, 1974, the APPROVING THE REQUEST OF THE Redevelopment Agency granted a request for REDEVELOPMENT AGENCY FOR Agency participation to Mr. Harding Campbell, PARTICIPATION IN THE LAND- developer of Anthony's Fish Grotto at the SCAPING OF ANTHONY'S FISH intersection of Bay Boulevard and "E" Street. GROTTO AND AUTHORIZING The amount of participation to be $1,500 -- THE LOAN OF $1,500 TO THE the total of which is to be used for land- REDEVELOPMENT AGENCY OF scaping of the public right-of-way area. THE CITY OF CHULA VISTA FOR SAID PARTICIPATION City Council Meeting 5 September 24, 1974 City Manager Thomson explained that, at this time, the Agency is requesting a loan from the City in the amount of $1,500 subject to repayment in accord with the terms of the existing contractual agreement between the City and the Agency. 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, Hobel, Hamilton, Hyde Noes: Councilman Scott Absent: None ORDINANCE NO. 1572 - By this ordinance, the City Council has de- AMENDING SECTIONS 20.45, 20.46 elated it will be unlawful for any person to AND 20.47 OF CHAPTER 20 OF THE smoke in any theatre, public bus which is en- CHULA VISTA CITY CODE, ALL gaged in the service of transporting passengers RELATING TO THE PROHIBITION OF within the City, or elevators. SMOKING IN CERTAIN AREAS OF THE CITY - FIRST READING Ordinance placed on first reading It was moved by Councilman Scott that this 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE AMENDING THE Acting Director of Planning Williams requested ZONING ORDIN)JqCE RELATING a continuance of this matter to the meeting TO SIGN REGULATIONS IN THE of October 8 in order to give the staff time AGRICULTURAL, RESIDENTIAL, to review the revisions as prepared by the CO~BIERCIAL AND INDUSTRIAL City Attorney. ZONES AND TO SPECIAL PRO- VISIONS RELATING TO SIGNS Continuance granted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this matter be continued to the meeting of October 8, 1974. RESOLUTION NO. 7473 - In a written report to the Council, the City AUTHORIZING TRANSFER AND Manager and Director of Finance explained EXPENDITURE OF PARKING that the City of San Diego, through eontrac- METER FUNDS FOR PAYMENT OF tual agreement with the City, is processing RELOCATION ASSISTANCE AND relocation assistance claims associated with CLAIMS PROCESSING the recent acquisition of a parcel located at 282 Del Mar Avenue (five claims). The actual amount of the relocation expenses is $21,500. In a memo to the City Council, City Attorney Don Lindberg discussed the law which was City Council Meeting 6 September 24, 1974 enacted on September 6, 1969. He indicated there were no legal options available to the Council to avoid payment of these fees. Council discussion Councilman Hyde indicated that the staff re- port did not contain the information sought by the Council -- that of alternatives to this matter. What would happen if the Council changed its mind and decided to sell the property instead of proceeding along this route? Councilman Egdahl posed the following questions which he wanted answered: how valid are the reimbursement requirements set by the San Diego group; how binding are they to this City; can this City negotiate with them? By this law, the City would be prohib- ited from consideration of providing park land in the developed area in the western part of the City; the cost of any redevelop- ment project in any developed part of the City would be "out of sight." Community Development Mr. Jack Henthorn explained that this City Coordinator's comments has $11,000 in outstanding claims to be paid at this time which has been held in abeyance for three weeks now. The City has no option but to go ahead and pay the claims. Resolution offered Offered by Mayor Hamilton, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Egdahl, Hobel Noes: Councilman Scott Absent: None Councilman Hobel remarked that the comments made by Councilman Egdahl were quite germane to this issue, and asked the staff to note them and keep the Council informed on any future such proposals. REPORT ON PROPOSAL OF City Manager Thomson reported that the City ENVIRONMENTAL ANALYSIS ha5 been asked by the Environmental Analysis FOUNDATION FOR PROJECT Foundation to participate in a research ON OPEN SPACE ACQUISI- effort directed to development of a reference TION, MANAGEMENT AND handbook for California cities dealing with MAINTENANCE Open Space Acquisition, Management, and Maintenance. Mr. Thomson added that the fee to participate in this program will be $3,200 (based on a minimum of ten cities participating). Council's comments Councilman Egdahl questioned the paragraph in the agreement which stated that the Foundation retains all rights to the product given. He asked if this meant that the organization would be at liberty to sell further copies of the report~ and if so, could a provision be put into the agreement stating that the monies realized from such sales would be reflected back to the communities which paid for the product. City Council Meeting 7 September 24, 1974 Robert Small Mr. Small explained that the Foundation was 2251 San Diego Avenue, San Diego inaugurated in 1969 as a nonprofit research Environmental Analysis organization. Me gave an analysis as to how Foundation this particular program was developed. As to Councilman Egdahl's questions, the idea of the copyright is to protect the participating cities as to their investment. Any additional monies would go into the Foundation for the purpose of either updating the document or undertaking additional research. Mr. Small then proceeded to answer the Council's questions concerning the make-up of the Foundation, the actual benefits the City would derive from its investment, and the specific material which will be covered in the handbook. City Manager's recommendation Mr. Thomson stated that it would be his recom- mendation that the City enter into this agree- ment indicating it would be an excellent investment for the $3,200 asked to be appropriated. Motion to accept the City It was moved by Mayor Hamilton, seconded by Manager's recommendation Councilman Hobel and unanimously carried that the City Manager's recommendation be accepted. City Attorney Lindberg noted that a resolu- tion will be brought back to the next meeting. REPORT ON CASTLE PLYMOUTH City Attorney Lindberg reported that he has SIGN met with representatives of this company. Although the matter has not been resolved, there is an indication on the part of the operator of this agency to come to a proper resolution. They have made a number of suggestions which Mr. Lindberg termed "rather than raising the bridge, they are lowering the river." Interim report accepted It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the interim report be accepted. CITY CODE Attorney Lindberg explained that Book Pub- lishing Company has been in daily contact with his office and the City Clerk's. He had assumed, some months ago, that all of the problems inherent in the codification, insofar as Council action is concerned, had been resolved. However, the editor now in charge of the codification has found what she termed "needed legislative history." There are no substantive changes to be made, but there will be a need for further house- keeping ordinances to be adopted by the Council. Mr. Lindberg indicated that he did not want to bring the matter to the Council on a piece- meal basis as it would require publication of numerous ordinances. He added that he pre- ferred to bring this to the Council in one City Council Meeting 8 September 24, 1974 complete ordinance thereby cutting doum the cost factor of publication. The Council concurred that this should be done. RECOb[MENDATIONS REGARDING The Parking Place Commission voted unanimously LOCATION OF ANY NEW COURT- (at its meeting of September 10, 1974) to HOUSE COMPLEX FACILITY IN recommend to the Council that the County Board THE VICINITY OF THE CIVIC of Supervisors be urged to locate any new CENTER COMPLEX courthouse complex facility in the vicinity of the Chula Vista Center Complex, in accor- dance with the Master Plan prepared for the City by Williams and Mocine. Mayor Hamilton commented that the City is still in preliminary negotiations, and until Chula Vista is designated as the site for the courthouse complex there is no way of making any determinations as to its geograph- ical location in the City. Don Ritchey Mr. Ritchey spoke in favor of the recommenda- Parking Place Commission tion which, as part of the redevelopment complex, would bridge the area between the existing City complex and Third Avenue. Recommendation accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the recommendation be accepted with the understanding that if that was found to be an unsatisfactory site, the Council would not be ruling out consideration of other sites in Chula Vista. MAYOR'S REPORT YOUTH CO~qlSSION APPLICATIONS Mayor Hamilton announced that applications are now being sought for the Youth Commission and a date is needed for scheduling interviews. It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that Monday, October 7, 1974, at 7:00 p.m. be set for the interviews. PROPOSITION 17 Mayor Hamilton reported that the Sierra Club has contacted the City stating that the letter sent from the City of Modesto was in error when they stated that the Sierra Club was in opposition to Proposition 17 (New Melones Dam construction). They are, in fact, urging sup- port of the Proposition. City Attorney Lindberg explained that the Council's action in opposing the Proposition was that this was a matter of regional concern and should not be put before the entire elec- torate of the State of California. Mayor Hamilton directed that the Resolution be forwarded to the San Diego Sierra Club so that they can become aware of the type of action this Council did take. City Council Meeting 9 September 24, 1974 HILLTOP PARK Mayor Hamilton asked about the plans to con- struct rest rooms at this Park. City Manager Thomson said that stakes are up and construc- tion will now proceed. (Delays in the con- struction were caused by the recent strike.) COMPLAINT FROM HILLTOP Mayor Hamilton noted the letter received from BAPTIST CHURCH Harley L. Weldin, Pastor, and Lloyd C. Scheuerman, Chairman of Trustees, dated September 22, 1974, listing numerous complaints regarding the people using Hilltop Park. The Mayor directed the City Manager to review these complaints and take whatever action is deemed necessary to work with the pastor of this church, and to correct as many of these complaints as possible. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that an Executive Session be called at the close of the meeting for personnel reasons. CPO MEETING Councilman Hobel announced that CPO will hold a General Assembly meeting on Monday, October 7, 1974 at 12:30 p.m. (luncheon meeting) to hear further testimonies regarding the relocation of the airport. He asked the Council to give some thought as to an alternative position in regard to its opposition to Brown Field. MEETING AT SACRAMENTO Councilman Hobel referred to the meeting to be held in Sacramento on October 2, 1974 (State Resource Meeting) and asked if the City would be represented. Mayor Hamilton said he talked to the City Manager and a member of the staff will be sent. Councilman Hobel remarked that he hoped either the City Manager or the Assistant City Manager would attend. LEAGUE DINNER Councilman Hyde thanked the City Clerk, her Deputy and the Council's secretary for the League dinner of September 19, 1974 mention- ing that it was one of the finest he has attended. CITY TAX RATE Councilman Hyde referred to the California Taxpayers' Association which stated that the City of Chula Vista had the largest reduction of property tax of any city in the County. PARK HOURS In answer to Councilman Egdahl's question, City Attorney Lindberg explained that there are no set hours for the use of the City City Council Meeting 10 September 24, 1974 parks -- there are hours stipulating how the parks may be used, such as between the hours of 10:00 a.m. and 6:00 p.m. the use of the parks is restricted to walking on designated parkways. Councilman Egdahl commented that he drove by one park last night and the parking lot looked like a traffic jam; however, he could not see anyone in the park area. He noted that this type of supervision would come under the Park Ranger position. WRITTEN CON~qUNICATIONS Verified claim for damages - Mr. Turner filed a verified claim for damages William David Turner in the amount of $1,369.52 stating that on S10 Davidson, Apt. 16 the llth and 12th of June 1974 between the hours of 9:00 p.m. and 2:00 a.m. his premises at 53 East Shasta Street were searched and a number of items were seized. Claim denied It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Request from Sweetwater The Sweetwater Valley Little League requested Valley Little League for the construction of four baseball diamonds four baseball diamonds at the north end of Rohr Park which they under- at Rohr Park stand will be used to construct a miniature railroad. They maintain the baseball fields would be less costly and provide a greater service to the residents of the Chula Vista/ Bonita area. No action taken It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the Council take no action on this letter but that the staff respond telling them what the previous action of the Council was. Councilman Hyde noted that the City now has other plans which would preclude the use of the area for the purpose requested. Councilman Hgdahl commented that the requested area is within the Master Plan which the City had to submit for its recent Grant. Councilman Hobel asked that a copy of the staff's letter be sent to Supervisor Walsh. RECESS TO REDEVELOPMENT The Mayor closed the meeting at 9:16 p.m. to MEETING the Redevelopment Agency Meeting. The meeting reconvened at 9:18 p.m. EXECUTIVE SESSION The Council recessed to Executive Session at 9:18 p.m. and the meeting reconvened at 9:32 p.m. ~J)JOURNMENT Mayor Hamilton adjourned the meeting at 9:32 p.m. to the Council tour of the City scheduled for Saturday, September 28, 1974 at 8:00 a.m.  ~ Cit~ Clerk ~