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HomeMy WebLinkAboutcc min 1974/04/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday April 23, 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, Chula Vista, with the following Councilmen present: Councilmen Hobel, Hamilton, Hyde, Egdahl Councilmen absent: Councilman Scott Staff present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, Director of Parks and Recreation Hall, City Librarian Levine, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES Councilman Egdahl asked that the minutes be changed regarding his motion to accept the schematics of the new library to also reflect the fact that a Council Conference be scheduled. It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of April 16~ 1974 be approved~ as amended, copies having been sent to each Councilman. PRESENTATION OF PROCLAMATION Mayor Hamilton presented four Boy Scouts FOR "SCOUT FAIR DAY" with a Proclamation declaring the day of May 4, 1974, as "Scout Fair Day" in the City of Chula Vista. RECOGNITION OF VOLUNTEERS Mayor Hamilton presented the following AIDING IN THE "LIBRARY citizens with a Certificate of Recognition "SHUT-IN" PROGRAM for their services in aiding with 'the Library "Shut-In" program: Mrs. Anne Antonovich Mrs. Dorothy Fouquette Ms. Mary Hanson Mrs. Charlotte Hayes Mrs. Ernestine Mrozinski Mr. William Phelps, Sr. Mrs. L. Polk Mrs. Patricia Taesler PRESENTATION OF QUARTERLY A financial report was submitted to the FINANCIAL REPORT - VISITORS Council noting the summary of receipts AND CONVENTION BUREAU and disbursements for the period January through March, 1974 and for the fiscal year dating July 1, 1973 through March 31, 1974. Report accepted It was moved by Councilman Hobel,seconded by Councilman Hyde and unanimously carried that the report be accepted. City Council Meeting 2 April 23, 1974 RESOLUTION NO. 7279 - Mayor Hamilton presented the City Attorney DECLARING MAY 1, 1974 with a Proclamation declaring the day of AS "LAW DAY" May 1, 1974, as "Law Day USA". 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: None Absent: Councilman Scott PROCLAMATION - DECLARING Mayor Hamilton presented Jennie M. Fulasz, THE WEEK OF APRIL 21-27, the City Clerk, with the Proclamation. 1974 AS NATIONAL SECRETARIES' WEEK ORAL COMMUNICATIONS There were no Oral Communications. PUBLIC HEARING - On November 20, 1973, the City Council CONSTRUCTION OF AMENDMENT considered this proposal and referred it TO ZONING ORDINANCE AND to the Planning Commission for recommenda- ADOPTION OF DEVELOPMENT tions. On March 27, 1974, the Planning POLICY RELATING TO MOBILE Commission held a public hearing on the HOME PARKS - PCA-73-2 matter and recommended that the Zoning Ordinance be modified along the lines of their recommendations (Resolution PCA- 73-2[A]) and that the proposed Development Policy for mobile home parks be adopted. Mr. Peterson discussed the various recom- mendations as proposed by the Planning Commission and as suggested by the City Council commenting on the new procedure to be established designating the Mobile Home Park Modifying District which may be attached to any of the existing resi- dential or agricultural zones in the City. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1531 - It was moved by Councilman Egdahl that this AMENDING SECTIONS 33.535, ordinance be placed on its first reading 33.601, 33.801 and 33.901 and that reading of the text be waived by OF THE ZONING ORDINANCE, unanimous consent. CHAPTER 33, OF THE CITY CODE RELATING TO MOBILE The motion carried by the following vote, HOME PARKS - FIRST to-wit READING AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent Councilman Scott RESOLUTION NO. 7280 - Offered by Councilman Egdahl, the reading of ADOPTING A DEVELOPMENT POLICY the text was waived by unanimous consent, FOR MOBILE HOME PARKS passed and adopted by the following vote, to-wit: City Council Meeting 3 April 23, 1974 AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Scott PUBLIC HEARING - Director of Public Works Cole explained TO ADD TERRITORY TO that the additional territory includes OPEN SPACE DISTRICT all that property lying within the bounda- NO. 2 OF THE CITY OF ries of Deerpark Chula Vista Subdivision. CHULA VISTA The estimated maintenance cost for Open Space District No. 2 during the fiscal year 1974-75 is $7,025.77 and the addi- tional territory, will result in the reduction of the assessment from the present $29.91 to $28.22 per lot per year. The change of the boundaries of the Open Space Maintenance District No. 2 would include Lots 1 through 14 inclusive of Deerpark Chula Vista Subdivision previously known as Lots 1 through 7 inclusive including Lot A of the Woodlawn Park Subdivision. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. No protests received City Clerk Fulasz stated she received no written protests to the proposal. S. A. Cutropia Mrs. Cutropia stated she was speaking in 1537 Larkhaven Drive favor of the Resolution, but wanted to point out that several of the lots contain model homes. Mayor Hamilton explained that the assess- ment for these lots would be paid by the developer until such time as they were sold to private individuals. M. R. McMahon Mr. McMahon declared that the notice sent 1573 Loma Court to the people describing the boundaries of the District was not the same as being discussed here tonight. Mr. Cole noted that the description in the notice referred to Lots 1,2,4,5,6,7 and "A" of Woodlawn Park, and explained that these lots have been resubdivided as Dee~]0ark Subdivision. City Attorney Lindberg commented that the people who would be affected or who would object would be those whose pyoperties are to be annexed to the District- all of those presently in the District would benefit from such annexation because of the lower assessment~. Joe Draskovich Mr. Draskovich questioned whether the 1S96 Larkhaven maintenance would include landscaping of East Orange Avenue. He asked who would derive the greatest amount of enjoyment from this in usage, and said he was worried about increasing costs of mainte- Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting 4 April 23, 1974 RESOLUTION NO. 7281 - Offered by Councilman Egdahl, the reading ORDERING THE ADDITION of the text was waived by unanimous consent, OF TERRITORY KNOWN AS passed and adopted by the following vote, DEERPARK CHULA VISTA to-wit: SUBDIVISION TO OPEN SPACE DISTRICT NO. 2 AYES: Councilmen Egdahl, Hobel, Hamilton, OF THE CITY OF CHULA Hyde VISTA Noes: None Absent: Councilman Scott RESOLUTION NO. 7282 - Offered by Councilman Egdahl, the reading ORDERING CHANGES IN of the text was waived by unanimous consent, THE FISCAL YEAR 1974- passed and adopted by the following vote, 75 ASSESSMENT FOR to-wit: OPEN SPACE DISTRICT NO. 2 AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Scott RECESS A recess was called at 7:42 p.m. and the meeting reconvened at 7:53 p.m. REPORT ON ABATEMENT City Manager submitted a written report OF PIGEON NUISANCE concerning the recent complaint regarding the over-population of pigeons in the City. It was his recommendation to (1) urge citizens who have problems with pigeon control not to leave bread crumbs or food lying outside for any birds; and (2) construct pigeon traps or contact indi- viduals with expertise to trap pigeons on private property. Greg Smith, Citizens Mr. Smith indicated that birth control Assistance Officer chemicals to be effective, would have to be done on a regional basis and it would take four to five years to be successful. He discussed other alternative methods of controlling the pigeon population noting that the San Diego County Agri- cultural Department has diagrams available on how to make traps. City Attorney's City Attorney Lindberg spoke of the prob- opinion lem commenting that he could not offer any legal remedies through the process of passing a law. If a property owner has knowledge of his neighbor feeding or breed- ing pigeons and the~e birds have damaged his property to any extent, the property owner could bring civil action through the small claims court (if the damage did not exceed $500), or contact his attorney if damage exceeded $500. Mr. Lindberg added that if the situation created a public nuisance affecting a large number of persons, the City could pursue the avenue declaring it a public nuisance thereby abating the source of feeding the birds. City Council Meeting 5 April 23, 1974 Report received It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the report and recommendations from the Administrative Office be received. Motion amended It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the motion be amended to direct the City Manager through Mr. Smith to formalize an agreement through Mr. John Metz, if possible, and make it available for those that need his (Mr. Metz') services so that they can contact Mr. Metz. This information is to be made available to the general public, whoever is having this problem. Motion further amended It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the staff have available the plans for pigeon traps for any interested parties. REPORT ON THE LIBRARY In a report to the Council, the City Librar- ian and Public Works Director discussed the meeting held with Consultant Holt and Architect Williamson on April 15, 1974. Revisions were made to the circulation desk area opening this area to permit a perspective of the interior of the library, and the staff lounge and related areas on the lower level were also restudied and modified. Report accepted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the interim report be accepted. REPORT ON UNDERGROUND Director of Public Works Cole submitted a UTILITIES ON BROADWAY schedule for undergrounding utilities on Broadway from "F" to "I" Streets. Based on data received from San Diego Gas and Electric Company and the Pacific Telephone Company, work will commence on July 1, 1974. Customers shou~l be ready to receive underground service on September 20, 1974 and overhead facilities are to be removed by January 15, 1975. Mr. Cole added that the next undergrounding district is that area on Broadway from "H" to "I" Streets. San Diego Gas and Electric Company have indicated they may be able to commence work on this project during the first half of 1975 rather than the last half as presently scheduled. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. City Council Meeting 6 April 23, 1974 REPORT ON POST OFFICE Director of Public Works Cole submitted CIRCULATION AND PARKING a plat of the area in question and explained PLAN the staff's proposal for traffic circulation and parking around the Post Office. He stated that this proposal was sent to the Postmaster and a verbal acceptance was received; however, the Postmaster indicated that no changes could be made in the present layout until their new budget is approved -- in about a year and a half. Councilman Hyde questioned whether the City could loan the Post Office the money to affect the new changes. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted and await a formal reply from the Post Office. REPORT ON SENIOR Director of Parks and Recreation Hall CITIZEN SWIM PROGRAM reported that free swim sessions could be made available to the senior citizens from 11:00 a.m. to 12:00 noon Mondays through Fridays, and that the use of the pool at this time would be a joint use with the adult classes. Mr. Hall asked that the program be instituted on a trial basis and an evaluation be made at the end of the summer activities. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted. Information to be Councilman Hyde asked that this information publicized be widely publicized to Senior Citizen organizations in the City. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted with the exception of Item #13 (Moratorium on properties at the north- west corner of Otay Lakes Road and East "H" Street). RESOLUTION NO. 7283 - On December 5, 1972 the following fee struc- AMENDING RESOLUTION ture went into effect for senior citizens: NO. 6672 ESTABLISHING REDUCED GREEN FEES FOR 18 hole weekday play $2.00 per round SENIOR CITIZENS 9 hole weekday play $1.25 per round Monthly ticket $12.00 The Director of Parks and Recreation recom- mended that the reduced fees be continued until such time as an increase in fees becomes necessary. RESOLUTION NO. 7284 - The contract work for the drilling of three ACCEPTING PUBLIC IMPROVE- irrigation wells has been completed by the MENTS - IRRIGATION WELLS, contractor, Acme Drilling Company, in CHULA VISTA MUNICIPAL accordance with the contract agreement dated GOLF COURSE October 18, 1973, and in accordance with the requirements of the City. City Council Meeting 7 April 23, 1974 RESOLUTION NO. 7285 - On March 18, 1974, the San Diego Gas and ACCEPTING GRANT OF Electric Company executed a 12' drainage EASEMENT FROM SAN DIEGO easement across this property for a GAS AND ELECTRIC COMPANY 72" cast in place storm drain. The FOR DRAINAGE PURPOSES AT utility company has now made the nedessary THE NORTHWEST CORNER OF financial arrangements with the subdivider OTAY LAKES ROAD AND ALLEN of Rancho Robinhood for installation of SCHOOL LANE the storm drain. RESOLUTION NO. 7286 - The resolution endorses Proposition 1 on SUPPORTING PROPOSITION 1 the June 4, 1974 statewide ballot which will provide $250 million for new facilities and the development of existing resources for historical features of the State Park System and for fish and wildlife conserva- tion. (End of Consent Calendar) RESOLUTION On April 2, 1974, the City Council called ESTABLISHING A 90-DAY for a 90-day moratorium on the issuance of MORATORIUM ON TWO building permits on an 8-acre property in PARCELS LOCATED AT the P-C zone and an ll-acre parcel in the THE NORTHWEST COPd~ER C-T zone at the northwest corner of the OF THE INTERSECTION intersection of Otay Lakes Road and East OF OTAY LAKES ROAD "H" Street, pending staff's completion of AND EAST "H" STREET its review of land uses in the adjacent E1 Rancho del Rey area. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Hobel, Hyde NOES: Councilmen Hamilton, Egdahl Absent: Councilman Scott RESOLUTION NO. 7287 - Director of Planning Peterson submitted a APPROVING THE PRECISE plat noting the area in question as 3.12 PLAN FOR THE DEVELOP- acres located on the northwest corner of MENT OF 3.12 ACRES AT Bay Boulevard and G Street in the I-P zone THE NORTHWEST CORNER and within Subarea "E" of the adopted OF BAY BOULEVARD AND Bayfront Plan. The applicant, Dixieline G STREET IN THE I-P Lumber Company, proposes to construct a ZONE IN THE BAYFRONT combination retail, office and lumber AREA storage building and a storage shed. Mr. Peterson detailed the precise plan noting that it was recommended for approval by the Planning Commission. He added that he concurs with this recommendation except for the freestanding sign which he felt should be limited to a 6'high, 25 sq. ft. ground sign. Mr. Peterson further recom- mended that the Council consider new develop- ment standards (including signs) for that area lying between "F" and "G" Streets and Bay Boulevard and the railroad right-of-way. City Council Meeting 8 April 23, 1974 Freeway-oriented In answer to Council's inquiries, Mr. sign Peterson declared that the sign, as proposed by the staff, would not be visible from the freeway. Council discussion Discussion followed during which the Council commented on the proliferation of similar freestanding signs in this area, if this sign is approved; the lack of a freestanding sign for Anthony's Restaurant; the need for freeway visibility; and a fixed time for allowance of the proposed sign. Jack Duncan Mr. Duncan remarked that his company spent Vice-President, a lot of time and money on the proposed Dixieline Lu~ber sign stating it was a "compromise" between 3250 Sports Arena Boulevard what was allowed in the "I" zone and what was suggested by the staff. He said his business was a retail business-material store that needed to attract business from the freeway. In answer to the Council's query, Mr. Duncan stated that they would be willing to listen to a 10-year limit on their sign, Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent. Fixed time for sign In answer to Councilman Egdahl's question, City Attorney Lindberg suggested the resolu- tion be amended and an agreement be prepared indicating a date certain for the sign. Planning Director Peterson suggested a four-year period be authorized and then reevaluate it with a possible extension of another four years. Mr. Duncan noted the sign would cost approx- imately $2000 and he would use the straight- line depreciation, possibly for a 7-year period. Motion amended It was moved Councilman Egdahl and seconded by Councilman Hobel that the resolution be amended for a review period of the free- standing sign for a seven-year review. Mr. Duncan commented that the Planning Commission and the City Council made this particular area "I-P" for certain reasons and asked that consideration be given to this prospect. He reiterated that the sign proposed was a compromise of what was pro- posed by the consultants and the staff. City Council Meeting 9 April 23, 1974 Amendment passes The motion to amend the resolution to include a seven-year review of the sign carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Noes: Councilman Hyde Absent: Councilman Scott Motion to offer the The motion offering the resolutio~ as amended, resolution carried carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Noes: Councilman Hyde Absent: Councilman Scott ORDINANCE NO. 1530 - The ordinance clarifies the fact that four AMENDING SECTION 2.92 members of the Commission constitutes a OF THE CHULA VISTA quorum for the transaction of business and CITY CODE RELATING the affirmative votes of the majority of TO THE SAFETY CO~qlSSION - the entire membership is necessary to take SECOND READING AND any action. ADOPTION Ordinance placed on It was moved by Councilman Egdahl that this second reading and ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Hyde Noes: None Absent: Councilman Scott COMPREHENSIVE PLANNING Councilman Hobel reported that at the ORGANIZATION (CPO) Special Meeting of the CPO held yesterday, MEETING Resolution No. 7456 was passed recommending approval of the San Diego Federal Aid Prog- ram which incorporated San Diego's land ~aps into this program. RESOLUTION NO. 7288 - Councilman Hyde discussed the fact that ESTABLISHING A 90-DAY this resolution was not adopted tonight MORATORIUM ON TWO PROP- even though a majority of the Council voted ERTIES AT THE NORTHWEST for it a few weeks ago. CORNER OF THE INTERSECTION OF OTAY LAKES ROAD AND City Attorney Lindberg noted that the City EAST "H" STREET Council, at the meeting of April 2, directed that a resolution be brought back. He would consider that resolution a memorializa- tion of the action of the Council. Motion to recon§ider It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Resolution be reconsidered. Resolution offered Off,red by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: City Council Meeting 10 April 23, 1974 AYES: Councilmen Hyde, Egdahl, Hobel Noes: Councilman Hamilton Absent: Councilman Scott CITY ATTORNEY'S LETTER Councilman Hyde referred to the letter REGARDING POTENTIAL FIRE received from the City Attorney noting HAZARDS several potential fire hazards along one area of the City commegcing at 369 J Street t~ the Civic Center area. It was moved by Councilman Hyde, secon&ed by Councilman Hobel and unanimously carried that the City Manager and the City Attorney be directed to jointly prepare an appro- priate ordinance to deal with the problems as cited in the City Attorney's letter. LBTTER FROM PUBLIC It was moved by Councilman Hyde, seconded UTILITIES COMMISSION by Councilman Egdahl and unanimously carried that a formal complaint be filed with the Public Utilities Commission regarding the San Diego area telephone directory listing. Councilman Egdahl asked that this be done in concert with other cities in the area that are also affected. Motion amended Councilman Hyde amended his motion to state that the City file a fdrmal complaint with the PUC, either singly or with other cities in the area that wish to join With this City. City Atto~mey Lindberg remarked that he will be meeting with the other City Attorneys at the monthly meeting to be held on April 25 and will discuss this with them, filling out the prescribed forms, etc. PRAYER BREAKFAST Councilman Egdahl reminded the Council of the Prayer Breakfast to be held at 7:30 a.m. Monday, April 29, jointly sponsored by the City Council and Chamber of Commerce. COUNCIL CONFERENCE Councilman Egdahi referred to the City Manager's recommendation that a Conference be held on May 2, 1974 to discuss other related items in conjunction with the new Library, as it relates to revenue sharing expenditures. It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that a Council Conference be called for either May 1 or 2 beginning at 7:00 p.m. to be announced by the City Clerk at least 24 hours prior to the meeting date. SECOND OPENING Councilman Egdahl asked about CPO's action AT BORDER on this project which will speed up the second opening at the Border by about four years. City Council Meeting 11 April 23, 1974 Mayor Hamilton commented that the Board of Supervisors, by a three to two vote, voted to use four million dollars from highway funds to be used at the Border. Director of Public Works Cole explained the CPO's action in approving the FAU program and its impact on the construction of Route 75. WRITTEN CO~MUN%CATIONS Request regarding express Mr. E. D. Sumner, P.O. Box 176, Nestor, service from Man Diego California, discussed the new express to San Ysidro service from San Diego to San Ysidro which the San Diego Transit Corporation plans to initiate on July 1st. Mr. Sumner said he was a driver for Greyhound Lines which presently provides this service, and it would probably mean a loss of his job. He asked the Council to take whatever action necessary to stop this action. Letter noted It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that the letter be noted. City Attorney Lindberg explained that San Diego Transit is not regulated by the PUC, and therefore, the City could not affect any hearing before that body regarding this request. REDEVELOPMENT MEETING Mayor Hamilton adjourned thc meeting at 9:09 p.m. to the Redevelopment Agency meeting immediately following. ADJOURNMENT The meeting reconvened at 9:12 p.m. at which time the Mayor adjourned the meeting to the Council Conference which will be held on May 1 or 2, as will be announced by the City Clerk. City Cl~erkr ~