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HomeMy WebLinkAboutcc min 1974/01/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday January 15, 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, 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, Director of Public Works Cole, Director of Planning Peterson, Assistant Director of Planning Williams, Community Development Coordinator Henthorn, Director of Parks and Recreation Hall 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 Scott, seconded by Councilman Hobel and unanimously carried that the minutes of the meeting of January 8, 1974, be approved, copies having been sent to each Councilman. PRESENTATION OF HUMANITARIAN At their special meeting held January 2, 1974, AWARD TO EVERETTE M. THORNE the Human Relations Commission selected Mr. Everette M. Thorne, member of the International Friendship Commission, as the recipient ef this award. Mayor Hamilton presented Mr. Thorne with a plaque commemorating this occasion. FINANCIAL REPORT OF THE In compliance with City Council policy, the VISITORS AND CONVENTION Visitors and Convention Bureau has submitted BUREAU a financial statement for the period October 1, 1973 through December 31, 1973. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted. PROCLAMATION DECLARING WEEK Mayor Hamilton presented the proclamation to OF JANUARY 20 - 26, 1974 AS Mr. Dan Kjonegaard, President of the Junior "JAYCEES WEEK" Chamber of Commerce. ORAL CONBIUNICATIONS Herb Lathan Mr. Lathan reported that the Veterans' Admin- 631 Carla Street istration will no longer be sending a represen- tative to Chula Vista on Fridays; however, the County Services Department have indicated they would. They would request permission to use Councilman Scott's desk for this public service. Councilman Scott stated the County Services representative is welcome to use his desk. City Council Meeting 2 January 15, 1974 Invitation to Meeting Mr, Lathan invited members of the Council and staff to a press conference which will be held on January 25, 1974 at the Grant Hotel, San Diego, with the National Service Officer from Washington of the Disabled American Veterans. Mary Bixby Mrs. Bixby presented a petition with 104 sis- 216 Minot Avenue natures protesting the Walnut Grove development located on "E" Street between Second and Minot. She stated it was environmentally and visually objectionable to the surrounding neighborhood. Mrs. Bixby particularly objected to the pro- posed three-story building, and requested that the developer's plans be modified. History of development Director of Planning Peterson explained that the Council approved a zone change for this two-acre parcel in early 1971 from R-1 to R-3-P. The applicant, Richard Lareau, submitted a precise plan which showed 44 units in two- and three,story buildings. Only one building was proposed for three stories; this was located on the most southerly portion of the property and recessed through grading to appear as a two-story structure. The applicant has now applied for a building permit. The plan is essentially the same except that the number of units has been reduced to 37 and the landscap- ing plan has been altered by undergrounding the drainage through the project to provide more open space. D. Beckstrom Mr. Beckstrom declared he had no objection to 222 Minot Avenue the two-story, but did object to the three- story building. Anthony Sinclair Mr. Sinclair objected to the three-story build- 224 Minot Avenue lng and asked that it be eliminated from the plans. He felt an Environmental Impact Report should be required, but since this cannot be done at this stage~ Mr. Sinclair felt that the residents should perhaps be objecting to the R-3 zoning. Council discussion The Council questioned the site plan and as- pects of the proposed development. City Attorney Lindberg explained that the Coun- cil had the prerogative of requesting a re- examination of the underlying zoning if there are circumstances, in this point of time, that would warrant this re-examination and change of zone. This should be based upon findings of fact that would justify this action. Motion for staff direction It was moved by Ceuncilman Hyde and seconded by Councilman Egdahl that (1) staff be directed to hold up issuance of the building permit in this matter for a period of not more than 2 weeks, and that the City Attorney be directed to ex- plore the potential justification for reconsid- eration of zoning and (2) staff be directed to contact the developer with a view toward City Council Meeting 3 January 15, 1974 exploring alternative ways of developing prop- erty which would resolve some of the serious differences between his plan and the contemp- orary neighbors' Richard Lareau Mr. Lareau stated he purchased the property 2845 Hemet Boulevard in 1930 and applied for the rezoning in 1970. San Diego At that time, he talked to most of the neigh- bors, explaining his plan which included the three-story building and received approximately 37 signatures in support of his plan. Mr. Lareau indicated it would be quite costly now to require him to change his plans. Gary Stevenson, Attorney Mr. Stevenson stated he is representing Mr. Jenkins and Perry Lareau and commented that he felt the motion Suite 2000, 1010 Second Avenue was inappropriate. His client has gone to San Diego great expense in getting a rezoning, precise plan approval and reducing his density on his development and is now apprised that there will be a moratorium. They are ready to pick up the building permit - nothing in the area has changed since this Council gave its ap- proval back in 1971. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Scott Noes: Councilmen Hobel, Hamilton Absent: None Alger Myers In answer to Mr. Myers' question, the City 227 Minot Avenue Attorney explained the Council's police power as it relates to the public health, safety and general welfare of the entire community. Merrill Downing Mr. Downing asked that the decision concern- 957 Barrett Avenue lng the Bayfront development be given to the citizens to be placed on the April election. Niek Slijk Mr. Slijk stated that the Chamber of Coramerce Chamber of Commerce sent in a request, a few weeks ago, to have numbered Council seats and asked for a status on this. Mayor Hamilton indicated he will bring this up under the "Mayor's Comments." RECESS A recess was called at 8:23 p.m. and the meet- ing reconvened at 8:40 p.m. Item 7 moved up on agenda Mayor Hamilton stated he received a request that item 7 be considered at this time (re- zoning on Otay Lakes Road and Acacia). City Council Meeting 4 January 15, 1974 PUBLIC HEARING - On December 12, 1973, the Planning Commission CONSIDERATION OF CH~GE OF recommended approval of the zone changes; ZONING AND PREZONING FOR however, the tentative map on the property was APPROXIMATELY 110 ACRES considered at the same time and based on public BETWEEN OTAY LAKES ROAD testimony, was continued to their meeting of AND ACACIA FROM R-E TO January 23, 1974, to enable the applicant to R-E-P work with staff on certain revisions. ORDINANCE AMENDING Since the recommended "P" Precise Plan zoning ZONING ORDINANCE TO CHANGE is conditioned on approval of the tentative ZONING AND PREZONING OF map, Director of Planning Peterson requested APPROXIMATELY 110 ACRES a continuance of this public hearing to BETWEEN 0TAY LAKES ROAD February 5, 1974, so that action on the re- AND ACACIA FROM R-E TO zoning and prezoning can be concurrent with R-E-P - FIRST READING action on the tentative map. Public hearing continued It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the public hearing be continued to the meeting of February 5, 1974. PUBLIC HEARING (CONTINUED) - Mayor Hamilton announced that the public hear- CONSIDERATION OF A GENERAL ings would be considered at one time. PLAN AMENDMENT FOR THE BAYFRONT AREA TO CHANGE Director of Planning Peterson explained that DESIGNATED LAND USE FROM the public hearings were continued from the GENERAL INDUSTRIAL TO meeting of January 8 in order that the City COMMERCIAL RECREATION AND Manager could contact the consultants, Sedway/ RELATED USES Cooke, to see if their assumptions were still valid as they pertained to the recreation- PUBLIC HEARING (CONTINUED) - commercial use. In view of the energy crisis, CONSIDERATION OF CHANGE OF the Council felt that variables have changed ZONE FOR VARIOUS PROPERTIES and asked for the consultants' statement on IN THE BAYFRONT AREA FROM this. I (GENERAL INDUSTRIAL) TO P-C (PLANNED COMMUNITY), City Manager Thomson reported that the con- R-3-H-P (APARTMENT RESIDENTIAL), sultants have indicated that their study I-P (INDUSTRIAL WITH PRECISE conclusions were still appropriate despite PLAN), T-P (TIDELANDS WITH the energy crisis, short and long range. PRECISE PLAN) AND C-V-P (VISITOR CO~ERCIAL) Planning Director Peterson commented on the plan submitted by Santa Fe, and reiterated his statement of the last meeting that if it is found necessary to compromise and permit additional general industrial development as proposed by Santa Fe, such development would be more appropriately located south of "G" Street in the area of existing industrial development. This would leave the northern portion of the Bayfront open to be developed in commercial-recreation use. He added that any industrial development of the Bayfront should be preceded by a traffic study of the As for the rezonings, the Planning Commission recommended the following, in addition to that proposed by the consultants: 1. That the "P" Precise Plan Modifying Dis- trict be attached to all but the P-C zone. City Council Meeting 5 January 15, 1974 2. That the "T" Tidelands Zone be retained on all Port District properties and the "P" Pre- cise Plan Modifying District be attached. 3, That the area between the railroad right- of-way and Bay Boulevard from "F" Street to "G" Street remain in the 'T' Zone and the "P" Precise Plan Modifying District be attached. Mr. Peterson added that he concurs with the recommendation except for that area bounded by "F" and "G" Streets, Bay Boulevard and Tidelands Avenue which he felt should be zoned C-0-P if the Council determined to pursue the Visitor-Commercial-Recreational option. Public hearings opened This being the time and place as advertised, the public hearings were opened. Conflict of interest City Attorney Lindberg commented on the ques- tion of a conflict of interest on the part of Councilman Hobel who is an employee of Rohr Corporation. Mr. Lindberg discussed the pro- vision of Section 3625 of the Government Code stating that under Subsection E, which states that "the prohibition...should not apply if the action or decision affecting economic interest of the official as a member of the public or a significant segment of the public, or as a member of an industry...to no greater extent than any other such member of the public..." Under this subsection, Attorney Lindberg stated that Councilman Hobel is en- titled to vote on the Bayfront matter and the hearing pertaining to changing the zoning or- dinance as it relates to commercial coach units (later on the agenda). Robert McGinnis, Attorney Mr. McGinnis stated he is representing the 1700 Bank of America Building Santa Fe Land Improvement Company and intro- San Diego duced Mr. Robert Hauptli and Mr. Fogg who were present to testify on this matter. Robert Hauptli Mr. Hauptli discussed the alternate proposal Manager, Real Estate Division submitted by Santa Fe referring to artists' Santa Fe Land Improvement rendering of the proposed development. He 121 East Sixth Street noted the sites proposed for industrial de- Los Angeles velopment, and presented a slide presentation showing industrial developments in LaMirada and Irvine. Mr. Hauptli noted that Santa Fe has well over 100 acres in the P-C zone, 120 acres in the industrial zone and the balance in the marsh lands. Santa Fe will study, plan and promote the development of the P-C area. As for the in- dustrial development~ Mr. Hauptli remarked that they get inquiries every day, so they engage a consultant and move into this devel- opment very rapidly. City Council Meeting 6 January 15, 1974 Robert K. Fogg Mr. Fogg stated he has been a consulting en- 8580 La Mesa Boulevard glneer since 1952 and did the engineering La Mesa studies that went with Chula Vista's master plan for industrial development of the Bay- front area. Mr. Fogg detailed the "image that would be created" along Interstate 5 after the inter- change on State Highway 54 has been completed. Mr. Fogg commented on the merits of the Santa Fe plan as compared to that of Sedway/Cooke. He discussed the proposal of putting a hotel on Gunpowder Point, and stated he talked to Mr. Macy of Travelodge and Mr. Blatt of Vaca- tion Village, both of whom could not support the merits as delineated in the Sedway/Cooke plan. Mr. Fogg also contacted Mr. Merrill of the Singing Hills Country Club and was told that a 9-hole golf course in this area would go broke very rapidly. Mr. Fogg then read from his report (on file in the City Clerk's office) concerning land use in the Bayfront area. Specific plan testimony City Attorney Lindberg noted that the testi- monies presented related, in part, to the specific plan proposal. PUBLIC HEARING (CONTINUED) - Mayor Hamilton declared the hearing opened CONSIDERATION OF SPECIFIC on this matter and stated that ali previous PLAN FOR BAYFRONT AREA testimony would be included in this hearing record as well. Specific plan As to the specific plan, Director of Planning Peterson referred to the Sedway/Cooke Plan - the subarea policies and criteria section which was prepared in a manner permitting it to be adopted as the specific plan for the Bayfront. Planning Commission recommendation The plan was recommended for adoption by the Planning Commission with the stipulation that in Subarea E, the land use plan be changed from Administration and Business Service to Indus- trial Use to (1) provide for expansion of Rohr Industries, and (2) because the existing de- velopment between the railroad right-of-way and Bay Boulevard from "F" to "G" Street is industrial in nature and recent proposals for development by property owners in this area have been industrial in nature. The Commission also recommended that plans for Subarea E remain flexible where the Com- mission proposes a shipyard be considered. Ada Thompson Mrs. Thompson commented that there is a tre- 1060 Las Bancas Court mendous natural resource in the Bayfront and heavy industrial, such as a shipyard, would destroy this. She noted the remaining bay- front areas in San Diego that are being beautifully developed, such as Mission Bay, Spanish Island, Harbor Island and Shelter City Council Meeting 7 January 15, 1974 Island. Mrs. Thompson also discussed the de- velopment of the North Shore in Chicago, Illinois which she felt was an excellent ex- ample of making use of a natural resource. Ken Wood, Attorney Mr. Wood stated he is representing National 501 "H" Street Steel and Shipbuilding which firm is inter- ested in 100 acres of land in the area iden- tified as "Area C" by the consultants. Mr. Wood referred to the report submitted to the Planning Commission and Council in August 1973 which outlined the tax revenues and potential employment for the City. He added that NASSCO will provide diversification in taxes as well as in the project itself. It would provide the monies in which to finance the recreational aspect and the services these uses must install. The consultants have indicated that the ser- vices would cost $3,000,000; the revenue to the City from NASSCO would be well above that. Mr. Wood commented on the advantages of allow- ing the shipbuilding yard in the City. He showed a film showing vehicle travel from National City to this area. Mr. Wood indicated that 26 acres would have to be filled to accommodate this use, with minimal use of the marsh area. The Port Dis- trict has gone on record as supporting the "C" Street area for marine-industrial activ- ities. Mr. Wood declared that once the site is available, NASSCO will spend over $400,000 in going to the market place to determine whether or not they could get contracts to proceed with their facility. Wallace Higgins Mr. Higgins submitted a letter written by San Diego Chamber of Commerce Dean Dunphy, President of the Chamber, in 230 "A" Street which they supported the proposals made by San Diego Santa Fe and NASSCO. Julius Jensen Mr. Jensen stated that his organization feels Executive Director the Santa Fe Plan is well-conceived and the Economic Development Corporation best usage for the Bayfront area. of San Diego Niek Slijk Mr. Slijk, representing the Chamber submitted Chamber of Commerce a letter written by John N. Williams, Chair- man, Industrial-Commercial Committee, re- questing that the Council make every effort to assist National Steel and Shipbuilders to locate in Chula Vista. Edward Hoy Mr. Hoy asked that nothing be done to the Vice-President, Rohr Corporation green strip which goes between their Building ~61 and their boatyard to prevent passage by Rohr of the boats to the boatyard. Jack Duncan Mr. Duncan stated he is Vice-President of 32S0 Sports Arena Boulevard Dixieland Lumber. They have leased a 3-acre San Diego site on the corner of "G" and Bay Boulevard City Council Meeting 8 January 15, 1974 which they will use for retail use. They feel, however, the area is best suited for light industrial and retail use as opposed to retail office use. Pike Hodge Mr. Hodge stated he is interested in the prop- 3460 Highland Avenue erty from "F" to "G" Street, west of Bay Boulevard and asked that it be zoned to light industry. James Cappos Mr. Cappos stated he owns the property at 404 Hilltop Drive 965 "F" Street, He asked that the property retain its industrial zoning. LCDR Cary Wright Mr. Wright stated that last March, after 242 East "J" Street hearing a financial report from the City Manager, he supported having a shipyard lo- cated in Chula Vista. He is now reversing this position and feels it would be a grave mistake to give up this "prime land" for industrial uses. Letters noted for the record Letters were submitted to the City Council from the following: Mr. Robert K. Fogg, 8580 La Mesa Boulevard, La Mesa, who recommended sev- eral changes in the Sedway/Cooke Plan to ac- commodate industrial uses as proposed by Santa Fe; Mrs. William Rathmann, President, Chula Vista Garden Club, requesting that the Council adhere to the Sedway/Cooke Plan until such time that "industries concerned in utilizing these areas submit detailed plans that con- form" to the Plan; Pacific Southwest Railway Museum Association, Inc., asking for help in acquiring land for the development of a rail- road museum; Reva Lynch, League of Women Voters, supporting the Sedway/Cooke Plan for the Bayfront; Dean Dunphy, President, San Diego Chamber of Commerce, in favor of indus- trial use. Public hearings closed There being no further comments, the hearings were declared closed. RECESS A recess was called at 10:40 p.m. and the meeting reconvened at 11:00 p.m. PUBLIC HEARING - Mayor Hamilton stated he just received a re- CONSIDERATION OF CHANGE OF quest to continue this item. ZONE FOR PROPERTY ON THE WEST SIDE OF SECOND AVENUE BETWEEN "I" AND "J" STREETS (614-682 SECOND AVENUE) FROM R-1 TO R-l-15 Public hearing continued It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that this public hearing be continued for one week (until January 22, 1974). City Council Meeting 9 January 15, 1974 ORDINANCE AMENDING ZONING (Continued to meeting of January 22, 1974.) MAP OR MAPS ESTABLISHED BY SECTION 33.401 OF THE CITY CODE, REZONING THAT PROPERTY LOCATED AT 614-682 SECOND AVENUE, FROM R-1 TO R-l-15 - FIRST READING Youth Commission items moved up Mayor Hamilton noted that because of the lateness of the hour, and the imposed curfew for teenagers, he would move that the two Youth Commission items on the agenda be con- sidered at this time. The motion was sec- onded by Councilman Hyde and unanimously carried. YOUTH COMMISSION RECOMMENDATIONS The Youth Commission recommended that Council REGARDING TERMS OF OFFICE rescind its previous action to limit the terms of their office to two one-year terms. Tim Nader, member of the Youth Commission, asked that the Council withdraw this stipula- tion, Provision rescinded It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the reconunendation of the Youth Commis- sion be accepted. YOUTH COMMISSION RECOMMENDATION The Youth Commission recommended that the THAT A POLICY BE ESTABLISHED Council establish a policy requiring a writ- REQUIRING A WRITTEN ANNUAL ten annual report for all Youth Commissioners REPORT TO COUNCIL FOR EVALUA- whose terms are up for reappointment. TION AT TIME OF REAPPOINTMENT Recommendation accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the recommendation of the Youth Commis- sion be accepted. BAYFRONT HEARINGS The Council continued discussion on the Bayfront, Council discussion Discussion followed with staff regarding the employment factor as reported by Sedway/ Cooke. Councilman Hobel asked about the implications of the City and the Port District not approv- ing the same plan, specifically the northwest corner of the site. C. R. Campbell Mr. Campbell stated that on two occasions the Port Commissioner Board of Port Commissioners have affirmed 43 Corte Maria their position to have the northwest corner designated as marine-oriented industrial. To have it classified as "marine-oriented" has never been presented to the Commissioners for discussion. City Council Meeting 10 January 15, 1974 In answer to Councilman Hobel's query, Mr. Campbell alleged that marine~oriented indus- trial did not necessarily mean a shipyard. Speaking as to the residential use, Mr. Campbell felt this was not a major difference since this use could not go on the tidelands - it would have to be constructed on the uplands. City Manager's comments In answer to Councilman Scott's inquiry con- cerning the differences between the City and the Port Commission, Mr. Thomson stated that, in terms of redevelopment, the City can go ahead and adopt a plan. However, as far as marketing or implementing the plan, it would be hampered without the cooperation of the Port. The City could not incorporate a tax- increment freeze without an adopted plan. Discussion The Council discussed the fact that the City and the Port District did not have a "meeting of the minds" and every effort should be made by the City to resolve these differences. RESOLUTION NO. 7145 - AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA FOR MISCELLANEOUS PROPERTIES IN THE CHULA VISTA BAYFRONT AREA Resolution offered Offered by Councilman Hyde as per the Plan- ning Commission recommendation: In Subarea "E", it would call for industrial zone as contrasted to administrative-office zone. The reading of the text was waived by unan- imous consent, passed and adopted by the fol- lowing vote~ to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1517 - It was moved by Councilman Hyde that this AMENDING ZONING ORDINANCE ordinance be placed on its first reading and REGARDING CHANGE OF ZONE that reading of the text be waived by unani FOR VARIOUS PROPERTIES mous consent. IN BAYFRONT AREA FROM I TO P-C, R-3-H-P, T-P AND The motion carried by the following vote, to- C-V-P - FIRST READING wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: Councilman Egdahl Absent: None Resolution to be brought back It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that a resolution be brought back relating to the guidance portion of Area "E" - a provision be written which would clearly indicate that an access over the non-industrially zoned land to the industrially-zoned land in Area "E': (to the waterfront) be provided so that movements of objects developed by Rohr Cor- poration to the Bayfront be accommodated. City Council Meeting 11 January 15, 1974 RESOLUTION NO. 7146 - Offered by Councilman Hobel, the reading of ADOPTING SPECIFIC PLAN the text was waived by unanimous consent, FOR THE BAYFRONT AREA passed and adopted by the following vote, to- wit: AYES: Councilmen Hobel, Hamilton, Hyde Scott Noes: Councilman Egdahl Absent: None RECESS A recess was called at 11:25 p.m. and the meeting reconvened at 11:35 p.m. PUBLIC HEARING - Rohr Corporation has filed a request for Coun- CONSIDERATION OF AMENDMENT cil consideration of amending the Zoning TO THE ZONING ORDINANCE Ordinance to allow the use of trailers for RELATING TO THE USE OF business office space in industrial zones. CO~MERCIAL COACH UNITS ON They state that this is needed to take full CO~ERCIAL AND INDUSTRIAL advantage of the flexibility that trailers SITES offer in their ability to locate short term manpower needs adjacent to fixed development and production locations. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. George Parker Mr. Parker stated that Rohr has been using Manager of Facilities trailers for a number of years based on ap- Rohr Corporation proval of a variance. They feel the need of some flexible mobile units for offices and are requesting approval of the amendment. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1518 - It was moved by Councilman Egdahl that this AMENDING SECTIONS 33.901B 33, ordinance be placed on its first reading and AND 33.1401 OF THE ZONING that reading of the text be waived by unani- ORDINANCE OF THE CITY OF mous consent. CHULA VISTA RELATING TO TRAILERS AND AMENDING The motion carried by the following vote, to- DEFINITION OF "TRAILERS" - wit: FIRST READING AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None REPORT ON TRANSMITTAL OF Director of Planning Peterson explained that DRAFT COPIES OF THE SCENIC Section 65302(h) of the California Government HIGHWAYS ELEMENT OF THE Code requires a Scenic Highways Element of GENERAL PLAN all City and County General Plans. The Element submitted proposes a scenic highway system of existing and future City streets. Councilman Egdahl questioned the policy as to what it would do to potential development of areas and highways were it to be, or not to be, adopted. For instance, "H" Street, with the amount of undeveloped land next to "H" Street, what would be the requirements of the developers? City Council Meeting 12 January 15, 1974 Mr. Peterson explained that the staff would be looking for a different kind of building setback (varied), and some special design treatment of the streets. He added that this would probably fall under a Maintenance District. Councilman Hyde noted that Orange Avenue was omitted. Mr. Peterson indicated that this was an omission and would be put into the Element. Referred to Planning Commission It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that the Scenic Highways Element of the General Plan be referred to the Planning Commission for review and recommendation along with the comments made by Councilman Egdahl and Councilman Hyde. DESIGNATING ARCHITECT FOR Director of Public Works Cole explained that PREPARATION OF PLANS AND in order to meet scheduling requirements SPECIFICATIONS FOR THE imposed by revenue sharing regulations, it NEW CHULA VISTA LIBRARY is necessary to proceed with the library development as rapidly as possible, and the first step is to proceed with the preparation of plans and specifications. Staff recommendation It was the recommendation of the staff that the Council approve the selection of Richard George Wheeler and Associates since this firm has been associated with the new development of the Civic Center since the adoption of the Knight and Gladieux plan, and their previous design work on Civic Center buildings will insure that architectural treatment of the library will be harmonious with existing Civic Center buildings. Councilman Egdahl voiced concern over the length of time this takes and the increase in the cost of the library due to this ex- tended time element. City Manager's comments City Manager Thomson declared that they will still be staying within the $2.2 million dollar figure and everything possible will be done to expedite the process. Niek Slijk Mr. Slijk stated he is speaking as an indi- vidual and not on behalf of the Chamber of Commerce. He finds it difficult to comprehend that after the voters in Chula Vista over- whelmingly voted down the library, the Council is going ahead with this project. Mr. Slijk added that the State legislature is introduc- ing bills that would stop such practice. He felt the people in the City should vote on this issue in the April election. Agreement to be brought back It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that an agreement between the City and Richard George Wheeler and Associates be prepared and brought back to Council for appropriate action. City Council Meeting 13 January 15, 1974 REPORT ON AMENDMENT TO City Clerk Fulasz reported that at the meeting ORDINANCE NO. 1452 - of December 18~ 1973, the Fair Elections Com- CAMPAIGN CONTRIBUTIONS mittee censidered the request of the City AND EXPENDITURE CONTROL Council relating to sign-stealing during cam- ORDINANCE pai~n$. They recommended that an amendment be adopted indicating that for any thievery or destruc- tion of signs, the candidate be permitted to make restitution and/or replacement of the signs. Mrs. Ada Thompson Mrs. Thompson commented that she voted against Member, Fair Elections Committee this motion and asked that the provision of the State law regarding malicious mischief be included in the ordinance. City Attorney Lindberg stated that this provi- sion was distributed to the candidates. Councilman Scott said he would like to receive a total report from the Committee - what were the problems, how did it work out on the elec- tion? He felt perhaps they should wait until after the April election to make this evalua- tion. Item tabled It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that this matter be tabled. REPORT ON STATUS OF BAY Director of Public Works Cole noted that at BOULEVARD SEWER the meeting of October 9, 1973, the Council directed staff to proceed with installation of a sewer main along Bay Boulevard from "G" to "E" Streets. Mr. Cole reported that it was initially as- sumed that gravity flow could be provided along Bay Boulevard from "E" Street to a con- nectien with the existing sewer in "G" Street; however, this concept has now proven to be impractical gradewise. Also, the initial estimate was $$0,000, and there is $77,506.52 in the Sewer Ineeme Fund balance, the bulk of which is earmarked for other purposes. Mr. Cole added that the objective of the pro- posed construction was to permit sewer connec- tion by the proposed Anthony's Restaurant at the corner of Bay Boulevard and "E" Street, and in view of the limited funds available, this agency will limit its participation in sewer construction to those where maximal beneficial results are projected to occur - in this case, only that necessary to serve Anthony's Restaurant site. This reduced proj- ect is estimated to ¢o~t $28,000; $12,000 will be Anthony's share of the cost. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that approval be given to the report. City Council Meeting 14 January 15, 1974 REPORT ON DISQUALIFICATION City Attorney Lindberg presented a written REQUIREMENTS - CONFLICT OF report explaining the Moscone Bill (Section INTEREST 3625 of the Gevernment Code) and stating that a Councilman may abstain from voting based either upon legal restraints imposed by state or local ordinances or upon a personal deter- mination that he has a sufficient degree of conflict of interest so as to prohibit him from impartially weighing and determining an issue. Mr. Lindberg further stated that where a Councilman determines that he should abstain from voting on an issue, he should remove himself not only from the podium but from the Council Chambers as well. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. PARKING PLACE COMMISSION The Parking Place Commission recommended that REQUEST TO ALLOW PUBLIC a "Free Public Parking" sign be posted on PARKING ON THE CITY PROPERTY these grounds allowing the general public to FORMERLY KNOWN AS THE use the area for parking purposes. "F" STREET SCHOOL PROPERTY Stan McMains 234 Guava Avenue Mr. McMains stated they are adjusting times on some of the parking meters to make parking more available for the Chula Vista Clinic, and the problem now is employee parking. Councilman Scott suggested that rather than having the City sponsor this request, the Parking Place Commission let the people know about this parking area on an informal basis. Mr. McMains noted that they are now in the process of getting out a Newsletter and the merchants could be notified in this way. Referred to City Manager It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this request be referred to the City Manager for review and recommendation. PLANNING COMMISSION'S In connection with their consideration of the REQUEST FOR ADDITIONAL environmental impact report on the Bonita GENERAL PLAN STUDIES Ridge Estates tentative map, the Planning Commission adopted a motion recommending that Council authorize additional personnel in the Planning Department as necessary to conduct general planning studies of the areas east of Otay Lakes Road and south of Telegraph Canyon Road. Referred to City Manager It was moved by Councilman Scott~ seconded by Councilman Hyde and unanimously carried that this request be referred to the City Manager for consideration in the next budget. City Council Meeting 15 January 15, 1974 CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted with the deletion of item 19 (Balboa Bank appeal). RESOLUTION NO. 7147 - The S2589 Bill, in its terms, declares the ENDORSING THE PASSAGE OF parking regulations and surcharges promulgated SECTION 202(c) OF S2589 by the Environmental Protection Agency as null IN THE UNITED STATES SENATE, and void and prohibits future enactments of LIMITING MANAGEMENT OF a similar nature. PARKING SUPPLY AND PARKING SURCHARGES RESOLUTION NO. 7148 - At the meeting of January 8, 1974, the City AMENDING RESOLUTION NO. 6975 Council voted to extend the moratorium in the IMPOSING A MORATORIUM ON Bayfront area to February 14, 1974. CONSTRUCTION ON CERTAIN PROPERTIES LOCATED ON THE UPLANDS AND TIDELANDS WEST OF SAN DIEGO GAS AND ELECTRIC COMPANY RIGHT-OF-WAY, WEST OF 1-5 AND NORTH OF I'G" STREET TO THE NATIONAL CITY BOUNDARY AND THOSE AREAS STIPULATED IN AMENDING RESOLUTION NO. 6198 RESOLUTION NO. 7150 - The City Council directed that this resolution EXPRESSING THEIR APPRECIATION be brought back expressing their appreciation FOR THE GIFT OF $S,000 CON- for the $5,000 gift for the library. TRIBUTED BY THE STEPHEN AND MARY BIRCH FOUNDATION, INC., TO THE CHULA VISTA PUBLIC LIBRARY RESOLUTION NO. 7151 The following bids were received on January 8, ACCEPTING BIDS AND AWARDING 1974: CONTRACT FOR CONSTRUCTION OF ONE MULTIPLE USE COURT T, B. Penick & Sons $10,235.00 AND SIDEWALK CONSTRUCTION Sapper Construction Co. 10,995.00 IN LARKHAVEN FARK It was recommended that the contract be awarded to the low bidder, T. B. Penick & Sons, and the amount ef $11,200 ($10,235 plus $965 for contingencies) be authorized as expenditure from Account No. 61-7001-PR-8-70, (End of Consent Calendar) RESOLUTION NO. 7149 - On January 8, 1974, the Council approved a GPokNTING APPEAL BY BALBOA sign variance for a 120-square-foot sign on BANK OF PLANNING CO~RdlSSION the west elevation of Balboa Bank and an 84- DENI~L OF VARIANCE FOR square-foot sign on the east elevation. For- INCREASE IN PERMITTED SIGN malization of this action requires the adoption AREA AT 410 "H" STREET of a resolution, Resolution offered Offered by Councilman Scott, tho reading of the text was waived by unanimous consent, passed and adopted by the following vote, to- wit: City Council Meeting 16 January 15, 1974 AYES: Councilmen Scott~ Hobel, Hamilton, Egdahl Noes: None Absent: None Abstain: Councilman Hyde RESOLUTION PROVIDING FOR At the Council meeting of December 11, 1973, THE SPECIAL APPROPRIATION the Parking Place Commission recommended OF FUNDS FOR APPRAISAL OF acquisition of property outside the Parking PROPERTIES LOCATED AT District boundaries to be used for off-street 317 AND 321 DEL MAR AVENUE parking for Norman Park Center. Appraisal of the properties is estimated between $600 and $800. City Manager Thomson stated that the Parking Place Commission has asked for a deferral as there are a few questions to be resolved. Item continued It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be continued. RESOLUTION URGING THE At the meeting of January 8, 1974, the Council CALIFORNIA COASTAL ZONE moved to join the City of Covina and other COMMISSION TO RESCIND ITS cities in urging the Coastal Zone Commission PREVIOUS DECISION TO DENY to reconsider its rejection of the expansion EXPANSION OF THE SAN ONOFRE of the San Onofre Nuclear Generating Plant. NUCLEAR GENERATING PLANT AND GRANTING IMMEDIATE APPROVAL FOR THE FURTHER DEVELOPMENT OF THIS GENERATING STATION Resolution offered It was moved by Councilman Egdahl that this resolution be adopted. Motion to table It was moved by Councilman Scott and seconded by Councilman Hyde that this item be tabled. Motion fails The motion to table failed by the following vote, to-wit: Ayes: Councilmen Scott, Hyde NOES: Councilmon Hobel, Hamilton, Egdahl Absent: None Councilman Scott explained that either this week or next week the Legislature will re- consider this item and it is assured of passing. In asking to have the resolution tabled, he felt it could always be brought back if it doesn't pass the Legislature. Offer of resolution withdrawn Councilman Egdahl withdrew his offer of the resolution, RESOLUTION NO. 7152 - On January $, 1974, the Superior Court ordered SETTING A PUBLIC HEARING the City Council to set aside its decision FOR RECONSIDERATION OF THE denying the tentative map of Zenith II and to ZENITH II TENTATIVE MAP reconsider the approval of the filing of the tontative subdivision map in accordance with the tentative map itself and the conditions imposed thereon. City Council Meeting 17 January 15, 1974 The public hearing is scheduled for February 5, 1974, 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 Noes: Councilman Scott Absent: None ORDINANCE NO. 1519 - In accordance with Council direction at the AMENDING ARTICLE 1 OF meeting of January 8, 1974, an ordinance has CHAPTER 24 OF THE CHULA been prepared repealing the prohibition VISTA CITY iCODE BY REPEALING against the drinking of intoxicants on the SECTION 24.2 RELATED TO THE premises of a billiards or poolroom. DRINKING OF INTOXICANTS AT BILLIARD ROOM OR POOLROOM PREMISES - FIRST READING Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1520 - On December 17, 1973, the Secretary for Re- REPEALING ORDINANCE NO. 1459 sources promulgated revisions to the guide- AND ADDING A NEW ARTICLE 6 lines for implementation of the California TO CHAPTER 33 OF THE CITY Environmental Quality Act of 1970. These CODE RELATING TO ENVIRON- revised guidelines will require modification MENTAL REVIEW PROCEDURES - of Chula Vista's procedures and requirements. FIRST READING Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that reading of the text be waived by unan- imous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1515 - The ordinance increases the salary of the AMENDING CHAPTER 1, ARTICLE 2 Councilmen to $335.02 a month. It was placed OF THE CITY CODE BY ADDING on first reading at the meeting of January 8, SECTION 1.229 INCREASING THE 1974. SALARIES OF COUNCILMEN AND REPEALING ORDINANCE NO. 1115 - SECOND READING AND ADOPTION City Council Meeting 18 January 15, 1974 Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: Councilman Egdahl Absent: None ORDINANCE NO. 1516 - The ordinance authorizes the development of AN ORDINANCE AMENDING an open drainage channel on property on the ORDINANCE NO. 1419 RELATING north side of Telegraph Canyon Road, subject TO THE MODIFICATION OF THE to certain conditions. It was placed on PRECISE PLAN AS ADOPTED IN first reading at the meeting of January 8, ACCORDANCE WITH RESOLUTION 1974. NO. PCZ-72-O OF THE PLANNING COMMISSION - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None MAYOR'S REPORT NUMBERING COUNCIL SEATS Mayor Hamilton stated that on February 6, 1973, the Charter Review Committee submitted a proposal to the Couneil to place on the ballot the proposition of numbering Council seats. At that meeting, four Councilmen were present; the vote was 2-2 and therefore failed. Motion to bring back It was moved by Mayor Hamilton and seconded resolution by Councilman Scott that the City Attorney bring back a resolution, as proposed by the Charter Review Committee, to number Council seats and be placed on the April 1974 ballot. Substitute motion It was moved by Councilman Hyde that a pro- posal by the Charter Review Committee be brought back for consideration. No second to motion The motion died for lack of second. Motion carried The motion to bring back a resolution carried by the following vote, to-wit: AYES: Councilmen Hamilton, Scott, Hobel Noes: Councilmen Hyde, Egdahl Absent: None City Council Meeting 19 January 15, 1974 CPO VOTING FORMULA It was moved by Councilman Scott, seconded by Mayor H~milton and unanimously carried that the City of Chula Vista go en record as being against the proposed CPO voting formula, and that it continue to support the present voting formula. CURFEW HOURS Councilman Scott commented that now that there is a standard daylight saving time, the curfew hours for the teenagers should be changed. Councilman Scott suggested perhaps a 10:30 p.m~ or 11:00 p.m. all year standard should be adopted to fit the law of the land. MONOLITHIC SIDEWALKS In answer to Councilman Scott's query, Director of Public Works Cole stated that this report is now in process. AB 2648 (REGIONAL TRANSIT) Councilman Hobel reported that CPO, by a 13-1 vote, sent up the draft legislation on AB 2648 - regional transit district bill. SB 1198 (CALIFORNIA ENVIRON- It was moved by Councilman Hyde, seconded by MENTAL IMPROVEMENT ACT 1973) Councilman Egdahl and unanimously carried that a resolution be brought back indicating Chula Vista's support of such legislation. CAMPING SITES ON It was moved by Councilman Hyde, seconded by "J" STREET MARINA Councilman Hebel and unanimously carried that the Parks and Recreation Commission and staff look into the practicality of recommending to the Port District~ if it is in the interest of the City of Chula Vista, that on a temporary and limited basis, camping be permitted on that facility ("J" Street Marina) until such time as the use for whieh it is contemplated would require that such use (camping) be terminated. ALLEYWAY INVESTIGATION Councilman Egdahl commented that there is a dedicated alleyway in the block bounded by Country Club Drive, First Avenue and "L" Street that because of its use presents po- tential personal safety problems and police problems. Referred to City Engineer It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the City Engineer investigate the pos- sibility of putting street lights in this alleyway. MEETING ON FIFTH TUESDAY It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that no meeting be held on the fifth Tuesday of this month. City Council Meeting 20 January 15, 1974 WRITTEN CO~VRJNICATIONS Verified claim for damages - Ms. Clare filed the claim in the amount of Linda S. Clare $1,344.25 claiming that on September 30, 1973, 1001 Pine Street as she was turning onto Telegraph Canyon Road Coronado from Otay Ranch Road, her automobile suddenly dropped into a ditch as a proximate result of a dangerous condition in the road. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Verified claim for damages - Ms. Scofield filed the claim in the amount of Kimberly Scofield $700 alleging that on September 30, 1973, she 285 Moss Street was a passenger in the automobile driven by Linda S. Clare. As they were turning onto Telegraph Canyon Road from Otay Ranch Road, the automobile dropped into a ditch as a proximate result of a dangerous condition in the road. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. Verified claim for damages - Mr. Silvia filed the claim in the amount of Kenneth P. and Keith Alan Silvia $25,000 claiming that on October 22, 1973, 257 Sandstone Street at the hour of 1:30 p.m. a City-owned truck collided into his automobile in the vicinity of Palomar Street and Hilltop Drive. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. Request for appeal regarding Mr. Melton has requested an appeal regarding a lien on property at a lien placed on his property. He stated he 441 James Court - Ted W. Melton is presently unemployed, the interest on his home improvements has increased from 7%, and he was not aware of the 10-day provision for filing an appeal. It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this matter be referred to the City Attorney and City Manager for their guidance. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:26 a.m. to the meeting scheduled for January 16, 197~, at 3:30 p.m. City Clerk