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HomeMy WebLinkAboutcc min 1974/07/09 ' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CIIULA V!STA~ CALIFORNIA Held Tuesday : July 9, 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, tfyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Building and }lousing Grady, Director of Planning Peterson, Assistant City Attorney Beam The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINBTES ft was moved by Cbuncilman Scb~, seconded by Councilman Hob~I~r~d una~imousI~TA4arried t&b~minu~og!o~ th~ m~i~g~:Ju~y b~ aplyrovo~, copies having been se~{ to e~ch Councilman. ORAL CO~UNICATIONS Joseph Kelley Mr. Kelley requested written permission to use 3745 Putter Drive the "J" Street Marina. He stated he received Bonita a trespass citation issued by the off-highway patrol of the City of Chula Vista for riding his three-whe~l Honda in this area. City Attorney Lindberg explained that the area in which Mr. Kelley and his friends were riding their motorcycles was the area under the jurisdictim of the Port District (in the tidelands). Under the Cityts new ordinance, in order to qualify to ride on any vacant property, the cyclist must produce written authorization of the property owner. Motion to refer to City Manager It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that this matter be referred to the City Manager for report back. Councilman Egdahl indicated he was not in favor of having the Port Digtrict grant permission to anyone to ride motorcycles on the bayfront property; however, he would request that they post the prope~y as such and that these people who received the citation be released from that obligation, since they were not aware of the ordinance. Muriel Watson Mrs. Watson said she is the wife of a Border 3120 Anderson Street Patrolman, She referred to the charges made Bonita by Attorney Ronis, at the last Council meeting, concerning the Mounted Police at the golf course, specifically as to the incident of "detaining aliens." Mrs. Watson cited the federal laws pertaining to right-of-entry of City Council Meeting 2 July 9, 1974 aliens into th~ United States, and the penalties of harboring an alien~ suggesting that Attorney Ronis "do his homework" in this field~ City Attorney Lindberg declared that he dis- cussed this issue with the Chief of Police and others present at that time. He determined that (1) the function of the Mounted Police in that area has never been to apprehend illegal aliens - it has been to patrol the golf course and attempt to maintain order from other riders who use the bridle path; and (2) there was no untoward action on the part of the Mounted Police in regard to these particular individuals. PUBLIC HEARING (CONTINUED) The public hearing relates to the approval of CONSIDERATION OF APPEAL OF a conditional use permit by the Planning Com- CAROL S. SMITH OF PLANNING mission on May 8, 1974 for permission to con- CO~4ISSION APPROVAL OF struct and operate a recovery home for alco- CONDITIONAL USE PERMIT FOR holies and provide a meeting place for members RECOVERY HOME FOR ALCOHOLICS of Alcoholics Anonymous on a portion of a two- AT 270 "C" STREET acre parcel located at 270 "C" Street, an R-1 zone, The public hearing was continued pending a full Council and a decision from the City Attorney as to the legality of Council's action in this matter. City Attorney Lindberg submitted a written re- port stating it was his conclusion that there is no legal problem in the action of the Coun- cil going forward and approving or denying the appeal. ~]e use does not fall into the category of a health care facility that would properly' place it under Section 39.501, Sub- section 10 which includes hospitals, convales- cent homes and rest homes. The facility is not medical in nature. Public hearing reopened This being the time and place as advertised, the public hearing was reopened. William Bauer, Attorney Mr. Bauer, representing the appellants, stated that Mrs. Butterfleld from the State Department of Health, informed him that this facility had received a license from the Department of Health under Chapter S of the new tlealth and Safety amendments as a community care facility. This is a temporary license issued for a period of six months. Mr. Bauer questioned the cate- gorization of this facility indicating that, in his opinion, it falls under Subsection 10 of the Ordinance [hospitals, medical facilities), and as such, should comply with the law under these requirements. Clint Morrow, Chairman Mr. Morrow explained that they have been Ii- Board of Directors censed for the past ten days~ They applied as South Bay Pioneers a social rehabilitation facility and were granted a license as such, A letter from M~s, Butterfield stated that her department does not look at this facility as a medical one -- it was placed in a non-medical category. City CounciI Meeting 3 July 9, 1974 Ben Edgerton Mr~ Edgerton commented that he was one of the 647 Second Avenue founders of this organization and is presently Chula Vista a trustee, In the thirteen years the facility has been in operation, they have never used any medicine or psychiatric help for the residents. If a person comes into the facility with a prescription from a doctoL this is turned over to the Manager and the prescription is is- sued to the patient as prescribed by the doctor. Joe Cody Mr. Cody said he used to be the Secretary- 4518 Patria Drive Treasurer of the organization. He defended San Diego the goal§of the facility, declaring that they had never sought any medical or profes- sional help in the number of years he has been associated with the organization. Lee Raitt Mr. Raitt asked that the City Clerk read a Board of Directors letter from C. L. Priddy, Captain, U. S. Navy. City Clerk Fulasz stated that Bhe has provided copies of the letter to the Council. City Attorney Lindberg commented that the let- ter commends the activities of the South Bay Pioneers but does not constitute the type of testimony that can be rebutted by the appel- lants. He felt it should be noted, for the record, that the letter has been received. Mr. Raitt explained the licensing of the facil- ity, stating it was specifically for the pur- pose of making sure the facility met Code standards as far as safety was concerned -- the State does not get into the operational field of the facility. Mr. Raitt referred to the petition submitted at the previous meet- ing stating there were eleven homeowners op- posed and eleven homeowners in favor of this location. As to the parking, the actual number of spaces will be determined by the Planning staff at such time as the final plans are approved. Dale Geiger Mr. Geiger read the letter from Captain Priddy, 627 Sheffield Court U.S. Navy, Commanding Officer, Naval Alcohol Chula Vista Rehabilitation Center, commending the activi- ties of the South Bay Pioneers. K. Niek Slijk ' Mr. Slijk remarked that he is on the Board of 4450 Vista Nacion Trustees and Chairman of South Bay Pioneers. Chula Vista They have been searching the community for a site for the new facility for the past six or seven years. This particular location is the ideal one - between residential and com- mercial areas. William Bauer, Attorney In rebuttal, Mr~ Bauer referred to the City Attorney's memorandum in which he explained Section 9 of the Ordinance. He stated that the word '~atientU is not mentioned in this section, and therefore th~ use should fall under Section 10. Similar uses under Section 10 were Vista Hill and Southland. City Council Meeting 4 July 9, 1974 Lee Raitt In rebuttal, 5~, Raitt declared that the facilit7 w-as not specifically listed in the Zoning Ordinance under the conditional use permits, That i~ why they are trying, State- wide, to find an application for this facility. Mr, Raitt asked the Council to sustain the action of the Planning Commission. Council discussion Council discussion followed in which the find- ings of fact were discussed, and the cate- gory under which this facility would apply. Director of Planning Peterson Mr. Peterson explained the findings of the Planning Commission. He stated the Commis- sion evaluated the application from the stand- point of normal use requirements. The Com- mission made the following two findings: 1, The site is a shallow canyon lying below the level of the street of adja- cent properties. The elevation dif- ference will provide additional separa- tion between this use and the adjoining residential uses. 2. The proposed use has been operating in the City for thirteen years and has provided the necessary and desirable service to the community. Parking provisions In answer to Councilman Scott's query, Director of Planning Peterson stated that the parking would be designated at the time the staff reviews the final plans since different formulas are applied to the various rooms of the facilities, such as living rooms, meeting halls, etc. City Attorney Lindberg stated it would be possible for the Council to require additional parking and landscaping depending upon the actual experience of the facility once it has been undertaken. Landscaping Councilman Hyde suggested a stipulation Whereby the landscaping would be such as to create a screening effect from the existing R-1 area. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to deny appeal It was moved by Councilman EgdM~l and seconded by Councilman Scott that the appeal be denied and the following added conditions be applied: 1. Parking be submitted for review in the light of experience within three months of construction. 2. Prohibits the use of the facility for any kind of medical care or any other care than has been presented to the Council as their intended use as they have been operating as South Bay Pioneers. Amendment to motion It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that City Council Meeting 5 July 9, 1974 an additional condition be added requiring that a landscaping plan be developed and im- plemented with the approval of the staff which would tend to emphasize the separation of R~i properties and this facility. Motion to deny appeal carried The motion to deny the appeal carried unani- mously. RECESS A recess was called at 8:38 p.m. and the meet- ing reconvened at 8:58 p.m. PUBLIC HEARING - This being the time and place as advertised, CONSIDERATION OF FRANCHISE Mayor Hamilton declared the public hearing AGREEMENT - MISSION CABLE TV opened. Public hearing opened Don Williams Mr. Williams remarked that he is the Vice 2160 Euclid Avenue President and General Manager of Mission Cable San Diego TV. He made the following two recommendations; 1. A committee be formed and composed of a member of the Council, the City Attorney or his designated representative, and a representative of Mission Cable TV. The goal of this committee would be to draft an amended franchise document that would be to the mutual benefit of the City, Mission Cable TV, and would also pass the scrutiny of the Federal Communica- tions Commission in its certification process. This document would be brought back to the Council at a later date for a public hearing. 2. A committee be formed composed of a member of the Council, the City Manager or his designee and a representative of Mission Cable TV to review the rates of the company. Mr. Williams added that his co,any considers this somewhat urgent and would request both committees be formed and meet as soon as pos- sible. Motion to accept It was moved by Councilman Hobel and seconded recommendations by Councilman Hyde that the recommendations as proposed by Mission Cable TV be accepted, and that Councilman Egdahl be appointed as the Council's representative on this committee. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hobel, Hyde, Hamilton, Scott Noes; Councilman Egdahl Absent; None Public hearing continued Mayor Hamilton stated that the public hearing will be continued until such time as the Committees report back to Council. City Council Meeting 6 July 9, 1974 The time being 9:00 p.m,, Mayor Hamilton opened th~ meeting of the joint City Council/ Redevelopment Agency of the City of Chula Vista~ PUBLIC HEARING - This was a joint City Council/Redevelopment CONSIDERATION OF ADOPTION Agency public hearing, The Redevelopment OF THE BAYFRONT REDEVELOPMENT Agency has prepared the Bayfront Redevelop- PROJECT PLAN ment Project Plan in accordance with the pro- vision of the Community Redevelopment Law of the State of California. Attorney Clifton Reed was seated at the podium. City Clerk's Statement City Clerk Fulasz (Secretary to the Redevelop- ment Agency) attested to the fact that the publication of the public bearing was made in accordance with the Community Development Law. She further attested to the fact that she has complied with the law in all other legally required notices relating to the Agency. Mayor Hamilton asked the Clerk if any written correspondence was received. The Clerk stated she has received none. Documents received into The Mayor confirmed that the following docu- evidence ments have been received into evidence: 1. The Bayfront Redevelopment Project Plan 2. The report on the Bayfront Redevelopment Project Plan 3. A~.y written correspondence for or against the Bayfront Redevelopment Project Plan Jack Henthorn Mr. Henthorn stated that the Plan now before Community Development Coordinator the Council is the Planning Commission's adopted Bayfront Redevelopment Project Plan. It has been based upon the Sedway/Cooke Bay- front Plan and Program, and under the provi- sions of the Community Development Law of the State of California. The major use is commercial-recreational which includes hotels, motels, restaurants, marinas and marine-related uses. The Plan has been made available to all property owners in the area as well as interested persons in this redevelopment project. The Environmental Impact Report (EIR) included in the Plan is the same EIR provided for the Sedway/Cooke Bayfront Plan Program. This is permitted under the California Administrative Code. This is a master EIR, and a development EIR would be required for any and all develop- ments in conjunction with the Redevelopment Plan~ Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing, Robert Hutchins, Mr. Hutchins stated he was appearing on be- Deputy County Counsel half of the Chula Vista City School District. In Subarea No. 2, it shows Rohr Industries and City Council Meeting 7 July 9, 1974 San Diego Gas & Electric Company as areas not included in the plans hoWever~ he understands that these tw~ areas are included in the Plan. Mr, Henthorn stated the areas are included in the project area boundaries (Exhibit A and Figure 2 of the Plan). Mr. Hutchins expressed the concern of the Chula Vista District in that once the Plan is adopted and put into effect, the tax base is frozen so that any subsequent increases in the assessed valuation would not benefit the taxing agencies - it would BeHefit the rede- velopment agency. Mr. Hutchins referred to sections of the Code defining the term "blight" and said he could not envisiom Rohr as a "blighted area." His recommendation to the School District will be to raise objections to include in the Redevelopment Project those ~reas not intimately associated with redevelopment. City Manager Thomson explained that the tax base is frozen at its current level - not removed. The redevelopment would provide a catalyst for intoroving the tax base, and in time when thc freeze is removed, would pro- vide a significant benefit to the School District~ Attorney Reed Attorney Reed alleged that the School District would lose the benefits off of the taxes raised on the increased valuations during the active life of the Plan; however, the School District has the opportunity, under SB 90, to raise revenues they feel are lost to them. Mr. Reed explained there are ten sections in the Plan referring to the definition of "blight," some of which are "poor planning" or "inade- quate tax revenue." He added that the Rohr and SDG&E areas are included in the Plan and even though they remain entirely industrial, screening and landscaping would make that industrial area con~atible With the tourist~commercial area. It was his opinion that the Plan can be sus- tained on the basis that there is an intimate relationship with the entire development proposal with those two p~rticular properties. Jon Miller Mr. Miller questioned the t~me element of the 46 Alvarado Avenue Plan. Chula Vista Mr. Henthorn explained that there is a provi- sion in the Plan which states that the Plan will remain in effect for twenty-five years. This figure was arrived at as a result of surveys throughout the State, and is a standard term used as a maximum limitation of the Plan. James B. Person, Attorney Mr, Person said he is representing ~tr. and 3003 Fourth Avenue Mrs. Sam Vener, owners of land in the project San Diego area who have strong opposition to the Rede- velopment Plan. Mr, Person declared that the City Council has denied his clients the oppor- tunity to develop their property as industrial City Council Meeting 8 July 9, 1974 use - and is now proposing to force them to develop their property aa residential. Once the Plan is adopted, Mr~ and Mrs. Vener may not be able to continue with their present occupation ~ raising vegetables, Mr. Person stated that his clients' property does not constitute "blight" and they object to the Plan on that basis. There is nothing injurious to the general welfare of the community by use of this property for agricultural purposes. In answer to the Mayor's inquiry, blr. Person stated he is not asking the Council, at this time, to rezone this property for agricultural USe . Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Council discussion A lengthy discussion followed in which the staff and the Council discussed the merits of having Rohr Industries and SDG&E included in the Plan; the impact on the Chula Vista tax rate on freezing the tax base; the impact on the other taxing agencies; and assessed valuations. Attorney Reed's opinion City Manager Thomson explained that no taxing agency would get less than what they are pre- sently getting - the Agency would guarantee the minimum. Attorney Reed stated that the Agency could not guarantee that any taxing agency would get a minimum amount, If the economics were such that, at sometime in the future, assessed valuations would go down, the Agency would not have to **dig down" to pay any minimum amount - simply because the Agency has no source in which to do this. Mr. Reed added that the Plan is reviewed an- naully and it can be amended anytime after adoption, boundaries can be redefined {after legal gotices and public hearings), and con- tents of the Plan can be modified. He added that the City has until August 20 to get the Plan recorded, otherwise there would be a year's delay in terms of generating any tax revenues out of the project area. : RECESS A recess was called at 10:05 p.m. and the meeting reconvened at 10:25 p.m. RESOLUTION NO. 7363 - Offered by Mayor Hamilton, the reading of the OF THE CITY COUNCIL/REDEVELOPMENT text was waived by unanimous consent, passed AGENCY ADOPTING THE BAYFRONT PLAN and adopted by the following vote, to-wit: AND PROGRAM EIRAS THE EIR FOR 'THE BAYFRONT REDEVELOPMENT PROJECT AYES: Councilmen Hamilton, Hyde, Egdahl, AS PROVIDED BY TITLE 14~ DIVISION 6, Hobel SECTION 1S068 OF THE CALIFORNIA Noes: Councilman Scott ADMINISTRATIVE CODE Absent; None City Council Me~ing 9 July 9, 1974 RESOLUTION NO. 8 ~ Offered b~ Ma~ Ha~lton~ the reading of OF THE CHULA VISTA the text was waiyed by ungnimous consent, REDEVELOPMENT AGENCY passed and adopted bF the following vote, APPROVING THE REDE- to-wit; VELOPMENT PLAN FOR THE BAYFRONT REDEVELOPMENT AYES; Councilmen Hamilton, Hyde, Egdahl, PROJECT NO. I AND Hobel RECOMMENDING TO ~{E Noes; Councilman Scott CITY COUNCIL OF THE Absent: None CITY OF CHULA VISTA THAT THE PLAN BE ADOPTED ORDINANCE NO. 1541 - It was moved by Mayor liamilten that this OF THE CITY COUNCIL OF ordinance be placed on first reading and CHULA VISTA APPROVING that reading of the text be waived by AND ADOPTING THE unanimous consent. REDEVELOPMENT PLAN FOR THE BAYFRONT The motion carried by the following vote, REDEVELOPMENT PROJECT to,wit: NO. 1 - FIRST READING AYES: Councilmen Hamilton, Hyde, Egdahl, Hobel Noes: Councilman Scott Absent; None Report due in six months It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the City Manager's office bring back in six months to the City Council what the impact would be if Rohr and SDG&E were deleted from the Plan. Councilman Hobel asked that the report include projections. Mayor Hamilton included this in the motion and it carried unanimously. PUBLIC HEARING - In a report to the Council, Director of CONSIDERATION OF AMENDMENT Planning Peterson explained that the Zoning TO THE Z~NING ORDINANCE Ordinance-was amended in 1973 to allow full- RELATING TO FAMILY DAY time foster homes serving six or fewer CARE HOMES children as an accessory use in all resi- dential zones. On May 22, 1974, the Planning Commission recom- mended that the Zoning Ordinance be amended to change the definition of "Family Day Care Homes" to allow for the care of up to six children, including the family's own children, in residential zones without a conditional use permit. Public hearing op~ned This being the time and place as advertised, Mayor Hamilton opened the public hearing. Ben Plum Mr. Plum spoke in favor of the ordinance County of San Diego asking Council's approval. License Section Howard ~vans Mr, Evan~ said he is a licensed day-care 1431 Camellia Court parent. Last year, he took a $300 loss on Chula Vista his day,care home because he was prohibited from having more than three children, in ad- dition ~o his own, in his home. He asked for passage of this ordinance. City Council Meeting 10 July 9, 1974 Public hearing closed There being no further comments, either for or against, tko hearing was declared closed. Councilman Scott noted that under this ordi- nance, up to eight persons would be allowed in a duplex or multipiO-family dwelling. felt this would not be fair to the people living in duplexes or apartment dwellers. Councilman Scott also felt some considera- tion should be given to the size of the dwelling, ORDINANCE NO. 1542 It was moved by Councilman ttyde that this AMENDING SECTION 33.1401 OF THE ordinance be placed on first reading and CHULA VISTA CITY CODE RELATING that the reading of the text be waived by TO THE DEFINITION OF FAMILY DAY unanimous consentr with the added condition CARE HOMES - FIRST READING that a conditional use permit be required for day care use of dwellings in the R-2 or R-3 zones. The motion carried by the following vote: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PUBLIC HEARING - Mayor H~unilton stated that the next two CONSIDERATION OF CHANGE OF ZONE agenda items would be considered at this ON 16.5 ACRES LOCATED NORTIt OE time. TELEGRAPH CANYON ROAD FROM R-1 TO R-l-PUD Planning Director Peterson referred to his written report to the Council in which he explained that the applicant, Windsor Park PUBLIC HEARING - Enterprises, is requesting that approximately CONSIDERATION OF PLANNED UNIT ]6.3 acres of his 20-acre holding be re- DEVELOPMENT PUD-73-1 FOR zoned from R-1 to R-l-PUD so that he may WINDSOR VIEWS develop the property using the Planned Unit Development standards. The acreage is located at the south end of Telegraph Canyon Road. The EIR was adopted by the Planning Com- mission on January 23, 1974. Mr. Peterson stated that the Planning Com- mission's findings were that the proposed R-l-PUD zoning for this property constituted good zoning practice since it will enable design standards for residential development to be flexible enough to fit the project into the site while permitting a reasonable yield for the developer. The proposed zone density conforms to the Land Use Element of the General Plan. Off-site improvements Director Peterson explained that discussions were held with the developer as to how the development would connect to Telegraph Canyon Road. The conclusion was reached'that the conneotion should occur off the site to the east. An arrangement would be worked out whereby the developer would be repaid for this off-site improvement in that compensation would come from other property owners who are benefited by this street construction. City Council Meeting 11 July 9, 1974 Added condition An added condition ~ NO. 37 is recommended (tO the tentative map); "Concurrent with or prior to the approval of the final subdivision map, the City shall execut~ an agreement with the developer which provides for reimbursement to the developer for a portion of the cost incurred for the construction of off-site public improvements listed under the conditions of approval Nos. 5, 6, 7 as contained in the letter dated May 24, 1974 to the Mayor and City Council from the Director of Planning." The development is a series of duplexes with each unit having its own two-car garage, plus one uncovered parking space - 56 units on 14.1 acres of property. Mr. Peterson added that on May 22, 1974, the Planning Commission recommended approval of the Windsor Views Planned Unit Development subject to conditions incorporated in the PUD-74-1 Resolution. Public hearing opened This being the time and place as advertised, the public hearings were declared opened. Jerry Simon Mr. Simon explained that he was the project 5787 Lone Star Drive, San Diego engineer representing the developer, Mr. Horton. He commented on sharing the cost of the drainage channel, and asked that at a later date, it is determined that the areas served within the drainage basin do partici- pate, they would be compensated the same as other like developers would be compensated. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1543 It was moved by Councilman Hobel that this AMENDING ZONING MAP OR MAPS ordinance be placed on first reading and ESTABLISHED BY SECTION 33.401 that the reading of the text be waived by OF THE CITY CODE REZONING THAT unanimous consent. CERTAIN PROPERTY LOCATED NORTH OF TELEGRAPH CANYON ROAD FROM The motion carried by the following vote: R-1 TO R-l-PUD - FIRST READING AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 7364 Offered by Councilman Hobel, the reading of APPROVING PLANNED UNIT the text was waived by unanimous consent, DEVELOPMENT PUD-74-1 FOR passed and adopted by the following vote: WINDSOR VIEWS AYES: Councilmen ltobel, ttamilton, Hyde, Egdahl, Scott Noes: None Absent: None City Council Meeting 12 July 9, 1974 RESOLUTION NO. 7365 The tentative map ~s the last of the three APPROVING THE TENTATIVE MAP agenda items for this meeting on ~indsor OF A SUBDIVISION KNOWN AS ¥ie~s property, Director of Planning Peter- WINDSOR VIEWS SUBDIVISION son submitted the map explaining that the subdivision consists of 18.9 acres to be developed into 58 lots ~ 86 residential, 1 common open space, and 1 lot containing the two-acre parcel south of Telegraph Canyon Road, ~e map also dedicates the necessary right-of-way for Telegraph Canyon Road (126') and the drainage channel (120'). The Planning Commission recommended approval based on a number of conditions as outlined in their letter dated May 24, 1974. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote: AYES: Councilmen ttobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None REPORT ON DISPLAY AT City Manager Thomson reported that Mr. Bob NATIONAL LEAGUE OF CITIES Campbell of Rohr Industries has indicated CONFERENCE approval of the display participation; how- ever, the two men he has working on this project are out of town and won't be back until next week. The City Manager will report back at that time. Report continued It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be continued for one week. REPORT ON LETTER FROM In a written report to the Council, the City SUPERVISOR BROWN REGARDING Manager commented that the County Board of AIR POLLUTION Supervisors will hold a public hearing on July 10 for the purpose of adopting regula- tions establishing the County Air Quality Control Officer as the review officer for indirect source ambient air quality review. The proposal by the Comprehensive Planning Organization's Air Quality Task Force con- tains the following elements: (1) CPO pre- paration of an air quality maintenance plan; (2) adoption of the plan by each City and County; (3) delegation of review authority to the jurisdiction over which the indirect source exists; (4) designation of the County APCO as enforcement agency. Mr. Thomson recommended that the Council oppose the proposal being considered by the Board of Supervisors and support the CPO proposal. City Manager's recommendation It was moved by Councilman tlobel and seconded accepted by Councilman Scott that the City Manager's recommendation be accepted. City Council Meeting 13 July 9, 1974 Speaking in opposition Councilman H~de spoke against the recom~ mendation stating that air quality is a regional problem and questioned whether CPO was the best instrumentality to admin- ister effective air quality control. Motion carried The motion carried by the following vote: AYES: Councilmen Hobel, Scott, Hamilton~ Egdahl Noes: Councilman Hyde Absent: None DISASTER EXERCISE City Manager Thomson reported that on July 19, 1974, the City staff will be in- volved in a disaster exercise which is being put on with the cooperation of the staff of the San Diego Unified Disaster Council and the University of California. ANNOUNCEMENT OF OUTSTANDING The Town Affiliation Association has announced ACHIEVEMENT AWARD - INTERNATIONAL that the International Friendship Commission FRIENDSHIP CO~ISSION and the City have won an award for the work the Commission accomplished last year for its youth program. The Chairman sent in a letter stating that the membership in the Town Affiliation Association was cut from the Commission's budget this year. To accept the award, $200.00 must be paid to the Town Affiliation for membership dues for the next year, and an additional $220.00 to send a representative to Phoenix, Arizona, in September 1974 to accept the award. Motion to appropriate funds It was moved by Councilman Scott and seconded by Councilman Hobel that a resolution be brought back at the next meeting appropriating the sum of $420.00 for this trip and member- ship in the Town Affiliation Association. Ralph Senior Mr. Senior declared that this was an honor 961 Maria Way, Chula Vista bestowed on the City and asked for the appro- priation of the funds. Speaking against motion Councilman Hyde spoke against the motion stating that a certain amount of money was appropriated to the International Friendship Commission, and they were to set their own priorities. If they felt that this was an item of high priority~ they chould have choson to include it in their budget. Motion carried The motion carried by the following vote: AYES: Councilmen Scott, ttobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopt ed. City Council Meeting 14 July 9, 1974 RESOLUTION NO. 7366 On December 11~ 1973 (Resolution No. 7110), ACCEPTING QUITCLAIM DEED TO the City granted an easement to San Diego CERTAIN REAL PROPERTY FROM SAN Gas and Electric Company for electrical DIEGO GAS AND ELECTRIC COMPANY purposes on Lot 126 of Candlewood Subdivision. SDG&E cannot use this easement because the transformer pad was constructed at the sewer lift station instead of the intended location; therefore, the company has quitclaimed the easement back to the City. RESOLUTION NO. 7367 A condition of the subdivision agreement for GRANTING EASEMENT TO SAN DIEGO Candlewood Subdivision was the installation GAS & ELECTRIC COMPANY FOR of a sewer lift station on City-owned Lot 126. ELECTRICAL PURPOSES A transformer pad is required to furnish electric service to the sewer lift station; therefore, a document has been prepared granting an easement to SDG&E for the installa- tion of this transformer pad. RESOLUTION NO. 7368 The one-foot control lot was deeded to the NAMING AND DEDICATING ONE FOOT City on March 27, 1973. The County has now CONTROL LOT "B", LARKHAVEN required the developers of Autumn Hills Unit CHULA VISTA UNIT NO. 3 AS No. 1 to improve that portion of Max Avenue MAX AVENUE within their jurisdiction, thereby necessi- tating the dedication of the one-foot Lot "B" as Max Avenue. UNANIMOUS CONSENT ITEMS: RESOLUTION NO. 7369 Mr. and Mrs. Cochrane are selling their APPROVING THE RELEASE OF THAT property, and the new owner~ Patricia Ann CERTAIN DEFERRED IMPROVEMENT Renner, will accept the lien on the property AGREEMENT BETWEEN THE CITY OF and pledge to the City the encumbrance of CHULA VISTA AN~ LOYAL D. AND her property in the amount of $2,000. FRANCES :COCHRANE AND APPROVING THAT CERTAIN DEFERRED AGREEMENT WITH PATRICIA ANN RENNER FOR PUBLIC IMPROVEMENTS AT 556 "G" STREET IN THE CITY OF CHULA VISTA RESOLUTION NO. 7370 The Council has considered the information DECLARING THE SEDWAY/COOKE contained in the EIR and certifies that it CHULA VISTA BAYFRONT PLAN AND has been completed in compliance with the PROGRAM AND THE BAYFRONT CEQA and that th~ environmental effects of REDEVBBOPMENT PROJECT AS BEING the Sedway/Cooke Plan and the Bayfront Re- SUBSTANTIALLY SIMILAR IN SCOPE development Project are similar enough to AND SUBSTANCE warrant the same treatment in an EIR; further, that the presently adopted EIR will adequately cover the impacts of either project. (End of Consent Calendar) RESOLUTION NO. 7371 The agreement provides for the preparation of APPROVING AGREEMENT BETWEEN THE plans and specifications for landscaping the CITY OF CHULA VISTA AND TUCKER new library at an estimated cost of $70,000. & KATER LANDSCAPE ARCHITECTS It requires the landscape architect to coordinate FOR LANDSCAPE ARCHITECT SEK~ICES his work with the City's architect on the library FOR THE NEW LIBRARY to effect an integrated plan. The total com- pensation for the work on the project will not exceed the sum of $7,700,00. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, City Council Meeting 1S July 9, 1974 passed and adopted b~ the following vote: AYES; Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes~ None Absent: None RESOLUTION NO. 7372 The accounting firm of Carroll & Brantley CPA ACCEPTING PROPOSAL OF CARROLL Associates has submitted a proposal for the AND BRANTLEY ASSOCIATES FOR THE annual audit of City records. The fee will AUDIT OF CITY RECORDS FOR not exceed $4,400 for th* year ending June 30, FISCAL YEARS 1974-75, 1975-76, 1975 and no more than 5% additionally each AND 1976-77 year barring discovery of frat~d. New projects will be negotiated separately. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote: AYES: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1544 The Board of Appeals has found that public ADOPTING UNIFOPdd PLUMBING necessity, safety, convenience and general CODE, 1973 EDITION, AND welfare require that the Uniform Plumbing Code, APPENDIX A, C AND F - 1973 Edition, be adopted by the Council as FIRST READING the Ordinance regulating plumEing installaticns. The San Diego Chapter of the International Conference of Building Officials recommends adoption of this Code for ali San Diego County jurisdictions. OrSinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on first reading and that the reading of the text be waived by unanimous consent . The motion carried by the following vote: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, ltyde Noes: None Absent: None ORDINANCE NO. 1545 The Board of Appeals has found that public ADOPTING UNIFORM BUILDING necessity, safety, convenience and general CODE, VOLUME II, MECHANICAL, welfare require that the Uniform Building 1973 EDITION AND THE APPENDIX A Code, Volume II, Mechanical, 1973 Edition, CHAPTER 22 OF B AND C - be adopted by the City Council as the Ordinance FIRST READING regulating mechanical installations. The San Diego Chapter of the International Conference of Building Officials recommends adoption of this Code for all San Diego County jurisdictions. Ordinance placed on first It was moved b~ Councilman Egdahl that this reading ordinance be placed on first reading and that the reading of the text be waived by unanimous consent. City Council Meeting 16 July 9, 1974 The motion carried hy the following vote.'. AYES; Councilmen Egdahl~ Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1546 Director of Public Works Cole reported that A~NDING SECTION 19.410 OF presently the City Code allows a property owner, THE CHULA VISTA CITY CODE after obtaining a driveway painting permit, to RELATING TO CURB CLEARANCE paint the curb red on either side of his property AT DRIVEWAYS - FIRST a distance of eight feet (8'). The proposed READING ordinance stipulates that the provision of red curb clearance adjacent to driveways is to facilitate ingress and egress from private property. It also provides a minimum distance of 18" of red curb on either side of the driveway. Ordinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on first reading and that the reading of the text be waived by unanimous The motion carried by the following vote: AYES; Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None REPORT ON TRAFFIC ISLAND At the meeting of July 2, 1974, the Council moved ON BONITA ROAD AT ALLEN to accept the report of the Director of Public SCHOOL ROAD Works (extend the island) and to remove the bulb portion of the island. Both motions failed. A subsequent motion was then made to continue this matter for consideration by a full Council. In a written report to the Council, Director of Public Works Cole recommended allowing the majority of the 4 foot wide portion of the island to remain in order to eliminate the necessity of any change in the driveways for Bonita Plaza near the Allen School Road intersection. He added that a sufficient portion of the island could be removed so that when the two-way left turn lane is transitioned to the left turn pocket, a con- tinuous double double yellow line situation would not be created in front of the driveway in question. Recommendation accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the department bead's recommendation be accepted. REPORT ON CITY BUS COLORS - The following members were selected to serve on MAYOR'S COMMITTEE this Committee: William Rogers (City Beautification and Chamber), Dorothy Slater (Art Guild), Helen Gohres (Historical Society), Muriel Bartlett (Garden Club), Jennie Ful- asz (Ex-Officio member) and Chairman Frank Scott. Councilman Scott reported that the Committee met on July 3, 1974 and suggested the colors red, white and blue to depict the Bicentennial celebration in 1976. One of the committee members will bring back a drawing to the next meeting to be held on Friday, July 12, 1974. City Council Meeting 17 July 9, 1974 Suggestion for original Councilman Hyde noted the amount of time being colors spent on this issue~ He suggested asking the Committee to reconsider the original decor chosen in the contest~ blue and orange. He remarked that the colors were very intense as painted on the bus; however, subdued shades could be used such as California poppy orange and Bicentennial blue. LEAGUE OF CALIFORNIA Mayor Hamilton announced that the next League CITIES DINNER dinner will be held on July 18 with the City of Carlsbad hosting the meeting at the La Costa Country Club. He asked the Councilmen to make their reservations with the City Clerk. TELEPHONE AT MARINA Councilman Scott referred to the letter received from Ms. Margarot O'Neill concerning the ]ack of a public telephone at the marina. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a letter be written to the Port District and Pacific Telephone Company suggesting that, if feasible, they do something about it. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the Council adjourn to Executive Session at the close of the business meeting for purposes of making appointments to boards and commissions~ STREET BLOCKING Councilman Egdahl remarked that East Park Lane between L Street and Sierra Way is a two-way street. A business+mid-way in this block stockpiles articles in the street making the roadway one lane wide. At times there are trucks in the roadway blocking the entire road. Referred to staff It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that the staff investigate this problem and roport back to Council. WRITTEN CO~UNICATIONS Letter of resignation - Miss McCandliss submitted her resignation from Gayle McCandliss, Environmental the Commission effectively immediately. She Control Commission stated that she has enrolled at UCSD and must work this summer to meet expenses. Resignation accepted with It was moved by Councilman Egdahl, seconded by regret Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of thanks be sent to Miss McCandliss for her services on this Commission. REDEVELOPMENT AGENCY MEETING The Mayor recessed the meeting at ll:iS p.m. to the Redevelopment Agency meeting. The meeting reconvened at 11:22 p.m. City Council Meeting 18 July 9, 1974 EXECUTIVE SESSION The Council recessed to Executive Session at 11:22 p.m. for purposes of making appointments to boards and coramissions. The meeting reconvened at 11~40 p.m. APPOINTMENTS TO BOARDS AND It was moved by Councilman Hobel, seconded by CO~IqlSSIONS Councilman Scott and unanimously carried that the following reappointments be made: Milton Grossman - Board of Ethics Otis Pemberton - Board of Ethics Margaret Helton -ttuman Relations Jack Stro - Human Relations Adrienne Robas - International Friendship Ralph Senior - International Friendship Alice Foster - Library Michael Kincade - Parks and Recreation Thomas Huntington - Parking Place William Wappes - Safety Ernest Hayes - Safety Mayor Hamilton asked the City Clerk to notify those people not reappointed tonight that they are to serve in their capacity until they are either reappointed or replacements are appointed. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:42 pm to the regular scheduled meeting of July 16,1974, at 7:00 p.m. in the Council Chamber.