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HomeMy WebLinkAboutcc min 1974/01/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 8, 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: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson, Assistant Director of Planning Williams 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 Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of December 13 and 18, 1973, be approved, copies having been sent to each Councilman. PRESENTATION OF SERVICE AWARD Mayor Hamilton presented Roy Livesay, Fire PIN TO ROY E. LIVESAY Captain, with a City pin for his twenty years' service with the City. OATH OF OFFICE TO NEWLY- City Clerk Fulasz administered the oath of office APPOINTED COF~qlSSIONERS to the following newly-appointed commissioners: Myron Dalseth - Board of Appeals Harry Woolf - International Friendship PRESENTATION OF FINANCIAL Mr. Greg Cox submitted the financial report not- REPORT OF CHULA VISTA JUNIOR ins that $3,084.70 was spent on the Fiesta de CH)J4BER OF COMMERCE la Luna and $2,800.00 was budgeted. Tho differ- ence is to be made up by the Jaycees. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried to ac- cept the preliminary report. ORAL CO~qUNICATIONS Bill Rayburn Mr. Rayburn thanked the Council for making it 370 "K" Street possible for him to obtain copies of ordinances and resolutions which he needed for the Grand Jury. He asked the City Attorney about an ordi- nance pertaining to disposal of excess City property. Mr. Lindberg, City Attorney, stated that this is covered under the Purchasing Ordinance and a copy will be made available for Mr. Rayburn. Mr. Rayburn then discussed the Library Bond is- sue which was defeated by the voters two years City Council Meeting 2 January 8, 1974 ago, and questioned the legality of the Council- men voting to use Revenue Sharing money to fi- nance this structure. He asked that this measure be put on the April 9 ballot so that the people could decide the issue. PUBLIC HEARING (CONTINUED) - This hearing was continued from the meeting of CONSIDERATION OF APPEAL BY December 18, 1973, to allow the appellant time BALBOA BANK OF PLANNING to submit alternate proposals for signs to be CO~qlSSION DENIAL OF VARIANCE used on the bank building located at 410 "H" FOR INCREASE IN PERMITTED SIGN Street, a C-0 zone. AREA AT 410 "H" STREET Planning Director Peterson discussed the alter- nate proposal submitted by the appellant which he stated was the same design as originally proposed except that the reader board portion has been deleted. He cited an article from "Street Graphics" which dealt with the problems of sign visibility and legibility. Mr. Peterson then submitted two alternate proposals prepared by the staff which he declared met the criteria as approved by the Planning Commission, compris- ing 50 square feet of sign area. The City Manager recommended approving staff alternative Exhibit "C" which complies with the ordinance and gives the lettering size equal to the request of Balboa Bank. Council discussion Discussion followed as to the size of the signs, the zoning of the property and of adjacent prop- erties, specifically the banks in the area and the sign area allowed under other zones. Public hearing re-opened This being the time and place as advertised, the public hearing was re-opened. Bill Barrick Mr. garrick discussed the meeting held with mem- 1113 Via Trieste hers of the Planning Department at which time Chula Vista they attempted to work out a compromise. As a result, Balboa Bank cut their sign area down 25%. The bank requested approval of their sign based on (1) their building is set back 170 feet from Fourth and "H" Street; (2) 14% of the total area will be landscaped; (3) they have retained a tree that was on the premises and this tree will block part of the building; (4) the size of the building with 2,000 square feet of wall space on the west elevation and 1,200 square feet on the east elevation merits the requested sign area. In answer to Councilman Scott's question, Mr. garrick stated that capitalization by coramon stock for the bank is $1,000,000. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Conflict of interest Councilman Scott questioned whether Councilman Hyde should abstain based on his investment in this bank. City Council Meeting 3 January 8, 1974 Councilman Hyde indicated he did discuss this with the City Attorney and in view of the fact that his investment is more than $1,000, he took the position of disqualifying himself from vot- ing and discussion of this matter. Background of sign Councilman Hobel noted that the alternate pro- posal submitted by the bank was the same as that being recommended by the staff except for the background. Variance approved It was moved by Councilman Scott and seconded by Councilman Hobel that the applicant's vari- ance be approved as modified and shown as Exhibit "A" at this meeting. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: None Absent: None Abstain: Councilman Hyde RECESS A recess was called at 8:00 p.m. and the meet- ing reconvened at 8:15 p.m. PUBLIC HEARING (CONTINUED) The Mayor announced that the public hearings CONSIDERATION OF A GENERAL PLAN relating to the Bayfront area will be considered AMENDMENT FOR THE BAYFRONT together. AREA TO CHANGE DESIGNATED LAND USE FROM GENERAL INDUSTRIAL TO On November 13, 1973, the City Council held a COb~4ERCIAL RECREATION AND public hearing on this matter and continued RELATED USES the hearing to December 11, 1973, to allow time for the Santa Fe Land Improvement Company to present an alternative plan for their PUBLIC HEARING (CONTINUED) property. CONSIDERATION OF CHANGE OF ZONE FOR VARIOUS PROPERTIES This plan was received on December 6 which did IN BAYFRONT AREA FROM I not allow adequate staff time for review prior (GENERAL INDUSTRIAL) TO P-C to the DeeemBer 11 meeting; therefore, the (PLANNED COMMUNITY), R-3-H-P public hearing was again continued to the meet- (APARTMENT RESIDENTIAL), I-P lng of January 8, 1974. (INDUSTRIAL WITH PRECISE PLAN), T-P (TIDELANDS WITH Planning Director Peterson submitted a report PRECISE PLAN) AND C-V-P noting the advantages and disadvantages of both (VISITOR COMMERCIAL) the Sedway/Cooke Plan and the Santa Fe Plan. He remarked that the Santa Fe Plan proposal for marine-oriented industrial use on the property PUBLIC HEARING - in the northwest corner of the Plan is in con- CONSIDERATION OF SPECIFIC formance with the adopted Port District Master PLAN FOR THE BAYFRONT AREA Plan. Mr. Peterson commented that if it is found nec- essary to compromise and permit additional gen- eral industrial development as proposed b7 Santa Fe, such development would be more appropriately located south of "g" Street in the area of ex- isting industrial development. This would leave the northern portion of the Bayfront open to be developed in commercial recreation use. City Council Meeting 4 January 8, 1974 He added that Council determination in favor of any industrial development of the Bayfront should be preceded by a traffic study of the Change in ¢onsultants~ Councilman Scott asked the Acting City Manager policy if his office contacted the consultants to see if they felt that variables have changed since they made their study. Councilman Scott ex- plained that he was referring to the energy crisis, and those areas that cater to the visi- tor would be affected dramatically because of the lack of gasoline. He wondered how much of this study, based on the influx of commercial recreation, was directed to the amount of traf- fic that is generated on Interstate 5 and the amount of traffic between Los Angeles and Tijuana. The viability of the project depended on the amount of automobile traffic to this area. Councilman Scott felt the Council should continue this matter to find out whether or not the assumptions made by the consultants based on traffic generation were still valid. Mr. Bourcier, Acting City Manager, stated he would contact the consultants and bring back a report at the next meeting. Public hearings continued It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the public hearings on the Bayfront be held over for one week so that some input on this matter can be brought back. Moratorium extended It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the moratorium on the Bayfront be extended for 30 days (until February 14, 1974). RESOLUTION AMENDING GENERAL (Continued to the meeting of January 15, 1974.) PLAN TO REDESIGNATE LAND USE IN THE BAYFRONT AREA FROM GENERAL INDUSTRIAL TO CO~ERCIAL RECREATION AND RELATED USES ORDINANCE AMENDING ZONING (Continued to the meeting of January 15, 1974.) ORDINANCE REGARDING CHANGE OF ZONE FOR VARIOUS PROPERTIES IN BAYFRONT AREA FROM I TO P-C, R-3-H-P~ l-P, T-P AND C-V-P - FIRST READING RESOLUTION ADOPTING SPECIFIC (Continued to the meeting of January 15, 1974.) PLAN FOR THE BAYFRONT AREA RECESS A recess was called at 8:29 p.m. and the meet- ing reconvened at 8:38 p.m. City Council Meeting 5 January 8, 1974 GIFT TO LIBRARY Acting City Manager Bourcier announced that the City has received a $5,000 gift for the Library from the Stephen & Mary Birch Foundation, Inc., of Dover, Delaware. The money has been deposited in the Library fund. Resolution to be brought back It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that (1) a resolution be brought back expressing appreciation on behalf of the citizens of Chula Vista for this wonderful gift, and (2) refer this information to the Library Board and re- quest their recommendation for some suitable recognition for such donation in our Library~ current and prospective. REQUEST FOR ENDORSEMENT OF Fire Chief Smithey explained that the South APPLICATION FOR NATIONAL Bay Fire Services Unification Committee is SCIENCE FOUNDATION GRANT seeking this grant to enable them to study various elements of fire protection and the feasibility of combining into a single-agency fire service delivery system. Request approved It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the request be approved. REPORT OF DEPUTY CITY Deputy City Attorney Beam stated he was ap- ATTORNEY ON PARTICIPATION pointed to the Ad Hoc Committee £or Environ- IN LEAGUE OF CALIFORNIA mental Protection Agency litigation; however CITIES AD HOC CO~ITTEE before accepting the assignment, he needed FOR EPA LITIGATION Council's approval since the Committee work will involve a certain amount of his time and travel expenses will he incurred to attend all these meetings. Request approved It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the request be approved and the request for funds be brought back later. UNANIMOUS CONSENT ITEM: RESOLUTION ENDORSING THE It was moved by Mayor Hamilton, seconded by PASSAGE OF SECTION 202(c) Councilman Hyde and unanimously carried that OF S2589 IN THE UNITED this item be brought back next week. STATES SENATE, LIMITING M~kNAGE~NT OF PARKING SUPPLY AND PARKING SURCHARGES REPORT ON ORDINANCE AMENDMENT City Attorney Lindberg reported that the TO ALLOW ALCOHOLIC BEVERAGES ordinance prohibiting the drinking of alco- ON PREMISES IN WHICH BILLIARD holic beverages in the premises used as a OR POOL TABLES ARE MAINTAINED billiard room or poolroom was adopted in January 1912. It was his recommendation that all references to the prohibition of intoxi- cants in relation to billiard or poolroom operations be deleted. Mr. Lindberg added that if some regulation is desired, then there should be a requirement for a separate room for the billiard or poolroom operation. City Council Meeting 6 January 8, 1974 Amendment to ordinance to be It was moved by Councilman Scott, seconded by brought back Councilman Hyde and unanimously carried that an amendment to the ordinance be brought back next week to allow intoxicants in relation to billiard or poolroom operations as recommended by the City Attorney. RECO~ENDATIONS OF ENVIRON- The Commission made the following recommenda- MENTAL CONTROL CO~ISSION tions: REGARDING THE ESTABLISHMENT OF AN "ENERGY RESOURCE GROUP" 1. The establishment of a Community Energy OR "ERG" Task Force (as recommended by Mr. Richard S. Marasso, 952 Ithaca Court). 2. The task force consist of representatives from the following areas of interest: Education, Business, Industry, Municipal Agencies, and private citizens and citizen groups. 3. The City of Chula Vista be responsible to provide a resource pool consisting of legal, financial, planning and public works personnel available on a communications level to the task force. In a report to the Council, City Manager Thomson noted that the County is currently working in cooperation with cities to utilize the estab- lished Unified San Diego County Emergency Ser- vices Organization and its staff as a task force to cope with this need. Hal Hodgson Mr. Hodgson questioned the authority of the 682 Carla Avenue committee, under whose supervision they will be, where they will meet, and the functions of the committee. Councilman Scott commented on the task force proposed by Mayor Wilson for a similar committee. Tom Mitchell, Chairman Mr. Mitchell explained that the proposal for Environmental Control Commission this task force was submitted by Mr. Richard Marasso. The Commission was unaware of either the County's or Mayor Wilson's proposal to form a similar committee. Referred to ECC It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried to refer this matter back to the ECC with this new information for Commission's reconsidera- tion of their recommendation. Councilman Scott commented that he brought back a booklet from the San Juan Conference on what other cities were doing on the energy crisis. He gave this to the City Manager but would ask to have this booklet forwarded to the ECC. Councilman Egdahl asked for a copy of Mr. Marasso's presentation to the Commission. City Council Meeting 7 January 8, 1974 RECO~B~ENDATIONS REGARDING THE The Commission recommended that this two-way INSTALLATION OF CONTINUOUS left turn lane be installed and that the streets TWO-WAY LEFT TURN LANE ON and curbs be so marked at such a time as deemed FOURTH AVENUE FROM THE INTER- appropriate by the Traffic Engineer and coin- SECTION OF FOURTH AVENUE AND ciding with the completion of the construction ROOSEVELT TO "H" STREET now in progress on the Medical Center. Clarence Knight Mr. Knight gave a minority report on this item 117 Jefferson stating that he voted against the motion. The proposal was initiated by the staff at the meet- ing of December 19, 1973. Mr. Knight cited the people who came to the meeting and spoke in opposition to the proposal. The initial request was for a two-way left turn from "G" Street to "H" Street but this was later changed by the staff to begin at the intersection of Roosevelt and Fourth. Mr. Knight declared he was against the proposal because it eliminates all on-street parking for the home owners in this area; creates a traffic hazard to pedestrians when their on- street parking is abolished; congestion will still remain; hazards will be created through shifting the parking to side streets; and the lack of space available on the nearby side streets. Petition received The City Clerk reported that a petition con- taining twenty signatures was received opposing the two-way left turn lane from "G" to "H" Streets. Motion to adopt recommendation It was moved by Councilman Egdahl and seconded by Mayor Hamilton that the staff's recommenda- tion be adopted. Discussion In answer to the Council's inquiries, Director of Public Works Cole cited the number of cars that will be generated on this road and the number of parking spaces that will be eliminated. Motion to table It was moved by Councilman Hyde to table this matter. No second to motion The motion died for lack of second. Motion to adopt staff's The motion to accept the staff's recommendation recommendation fails failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hamilton NOES: Councilmen Scott, Hobel, Hyde Absent: None Motion to bring matter back It was moved by Councilman Hyde that this mat- in one week ter be brought back in one week to allow time for site inspection. No second to motion The motion died for lack of second. CO~NS_ENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted with the exception of items 17 and 21 (fee for Statement of Qualifications and declaring the body and paint shop at 24 Broadway a public nuisance). City Council Meeting 8 January 8, 1974 RESOLUTION NO. 7131 - Acme Drilling Company has submitted a request EXTENSION OF TIME FOR for a 39-day extension time to complete the CONSTRUCTION OF IRRIGATION drilling of wells for irrigation water at the WATER WELLS AT CHULA VISTA Golf Course. Work was to have started on MUNICIPAL GOLF COURSE October 29, 1973; however, because of a prior commitment, Acme did not start drilling until December 7, 1973. The completion date will now be March 8, 1974. RESOLUTION NO. 7132 - On May 20, 1971, Avco Community Developers, DEDICATING AND NAMING THE Inc., granted the City this one foot control SOUTHERLY 547 FEET OF LOT "Z" lot. The southerly 547 feet of Brandywine OF BRANDYWINE SUBDIVISION Avenue fronting the proposed school site is UNIT NO. 1 AS BRANDYWINE now fully improved and therefore this one foot AVENUE control lot is no longer required. It was recommended that this southerly feet of Lot "Z" be dedicated and named BRANDYWINE AVENUE. RESOLUTION NO. 7133 - In 1972 Bart Corporation and County Properties, RELEASING AN UNCONTROLLED 780 Kettner Boulevard, San Diego, were granted EMBANKMENT AGREEMENT FOR an Uncontrolled Embankment Permit for property PROPERTY LOCATED AT located at 1261 Third Avenue. Edbro California 1261 THIRD AVENUE IN THE Handyman 106, Inc., new owners of the property, CITY were granted a Grading Permit on January 9, 1973, and Inter-City Soils, Inc., engineers for the job, have reported that the uncontrolled em- bankment was removed and properly compacted. RESOLUTION NO. 71;34 - This election will be to fill two seats on the CALLING AND GIVING NOTICE City Council and two seats on the Board of OF THE HOLDING OF A GENERAL Education - ali for four-year terms. MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY THE 9TH OF APRIL 1974 FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER RESOLUTION NO. 7155 - As in the past, this City has contracted with REQUESTING THE BOARD OF the Registrar of Voters to conduct the elec- SUPERVISORS TO PERMIT THE tion. All of the legal work is performed by REGISTRAR OF VOTERS TO the City Clerk's office. CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 9, 1974 RESOLUTION NO. 7136 - This is a routine matter done for the sake of APPOINTING THE REGISTRAR expediency in submitting ballots to be printed, OF VOTERS OF THE COUNTY OF stuffing envelopes and setting up precincts. SAN DIEGO DEPUTY CITY CLERK OF THE CITY OF CHULA VISTA TO FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE GENERAL MUNICIPAL ELECTION City Council Meeting 9 January 8, 1974 RESOLUTION NO. 7138 - The following bids were received: 10% con- ACCEPTING BIDS AND AWARDING tingency CONTRACT FOR THE CONSTRUC- P & D Construction $4,890.00 $489.00 TION OF SEWER IN THE Wilco General Engineering 7,543.00 754.00 700 BLOCK OF HILLTOP DRIVE Pacific Engineers 9,392.80 939.28 It was recommended that the contract be awarded to the low bidder ($4,890) and authorization be given for the expenditure of $3,161 from the Sewer Income Fund. RESOLUTION NO. 7139 - The contractor, Sapper Construction Company, ACCEPTING CONTRACT WORK has completed this contract work to the satis- AND AUTHORIZING ADDITIONAL faction of the Director of Public Works and in EXPENDITURE OF BUDGETED accordance with City requirements. An addi- FUNDS FOR RECONSTRUCTION tional $749.90 was requested over the $14,554 OF CURBS, SIDEWALKS AND approved due to the requirement of constructing CROSS GUTTERS AT VARIOUS wheelchair ramps at new intersections, and for AREAS THROUGHOUT THE CITY additional work required where necessary. RESOLUTION NO. 7140 - Council approved $3,300 in the fiscal 1973-74 APPROVING AGREEMENT WITH budget to support specified Jaycee projects on CHULA VISTA JUNIOR CHAMBER a reimbursement basis. OF CO~ERCE REGARDING FUNDING RESOLUTION NO. 7142 - According to Section 21023.6 of the Government DELEGATING TO THE OFFICE OF Code, either the Council or the City Manager THE CITY MANAGER THE AUTHORITY must determine whether an employee is incapac- ON BEHALF OF THE CITY OF CHULA itated physically or mentally for the perfor- VISTA TO DETERMINE THE NATURE mance of the duties of his position and OF DISABILITIES AND TO CERTIFY termination of employment for that reason. SUCH DETERMINATIONS TO THE The City Attorney recommended that Council PUBLIC EMPLOYEES' RETIREMENT grant this authority to the City Manager since SYSTEM it would be the most expeditious and reasonable manner of handling the disability retirements. (End of Consent Calendar) RESOLUTION NO. 7137 - The amount of $125 is being requested of the ESTABLISHING A SPECIAL FEE candidates filing for office if they wish to FOR CANDIDATES IN MUNICIPAL have a Statement of Qualifications printed. ELECTIONS TO DEFRAY THE PRO- An additional $125 will be requested if the RATA SHARE COST OF PRINTING candidate wishes his Statement to be printed AND HANDLING STATEMENTS OF in Spanish. Any balance remaining after the QUALIFICATIONS Statements are printed will be returned to the candidate. Request for City to pay fee Mrs. Ada Thompson, 1060 Las Bancas Court, stated that the Campaign Ordinance is intended to equalize spending for all candidates, and she did not like this fee being charged for the Statement of Qualifications. She felt the City should bear the cost of these Statements and they should go out equally for ail candi- dates. City Council Meeting 10 January 8, 1974 Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to- wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 7141 - Mr. Manuel Machado was denied use of the prem- DECLARING THE MAINTENANCE ises at 24 Broadway as an automobile body and AND OPERATION OF AN AUTO- paint shop by the Council in June 1973. Since MOBILE BODY AND PAINT SHOP then, he has been operating the business in ON PROPERTY LOCATED AT open defiance of Council's action. Mr. Machado's 24 8ROADWAY TO BE A PUBLIC temporary restraint order against the City's NUISANCE AND DIRECTING THE enforcement of the ordinance and an injunction CITY ATTORNEY TO TAKE were dismissed by the Superior Court on APPROPRIATE LEGAL ACTION December 14, 1973, and a jury trial has been TO ABATE SAID NUISANCE set for late April 1974. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, it- wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 7143 - In submitting final plans, the applicant mod- APPROVING MODIFICATION OF ified the plans to include an additional 25- PRECISE PLAN, INCLUDING foot strip of land recently acquired along the EXTERIOR COLORS, MATERIALS southerly boundary of the development. This AND WALL SIGN, AND EXTENDING has been designated as an additional parking PARKING INTO "I" ZONE FOR area. The applicant also stated that he will ANTHONY'S RESTAUP~T AT use blue asphalt composition shingles on the "E" STREET AND BAY BOULEVARD roof, which modification was approved by the IN C-V-P ZONE Planning Commission. Director of Planning Peterson commented that the roof treatment on this first redevelopment plan will make it difficult to achieve more desirable treatment in subsequent developments. Skip Haugh Mr. Haugh stated he is the architect for the 4270 Santa Cruz project and explained that the Planning Com- Pt. Loma mission and Council approved the building as shown on the rendering last May 1973. He stated that the asphalt shingle was approved in the original application approved by the Council. The reason they did not consider using shake shingles or tile was because it would be pro- hibitive in cost to the client, and the roof slope is too flat for shake shingles and the structure is undersized for tiles. Difference in roof line Councilman Egdahl noted from the rendering that there was quite an exaggerated relief line between one level of shingles to the other, and this is not being achieved with the asphalt shingle being submitted for Council inspection tonight. He suggested that the original proposal and what is being submitted tonight do not match up. City Council Meeting i1 January 8, 1974 Proposed in original Mr. Haugh declared that they did specify, in their original proposal, that the asphalt shingles would be used. Director of Planning Peterson indicated this was not true. Discussion During discussion, Councilman Egdahl questioned the aesthetics of allowing this roof treatment on the first redevelopment plan for this area, since he felt it would be precedent-setting. 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 Scott Noes: Councilman Egdahl Absent: None RESOLUTION NO. 7144 - This is a 25-1ot industrial subdivision on APPROVING TENTATIVE MAP approximately 98 acres of land lying in the PCS-73-7 FOR VEHICLE southeast corner of the City limits. The ten- RECYCLING PARK tative map is accompanied by a conditional use permit application for an auto dismantling facility. Director of Planning Peterson stated the tentative map met the requirements of the precise plan on the condition that ad- ditional information (such as landscaping plans, fence designs, signs and lighting plans) be submitted. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to- wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Existing auto dismantling sites Discussion followed regarding imposing an abatement on the existing sites and requiring screening and landscaping. Referred to City Manager It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to the City Manager for an updated report on what the City is going to do to come in compliance with the Federal law. ORDINANCE NO. 1515 - This ordinance would increase the salary of AMENDING CHAPTER 1, ARTICLE 2 Councilmen from $250 a month to $335.02 payable OF THE CITY CODE BY ADDING on May l, 1974, provided by Section 36516.2 of THERETO A NEW SECTION 1.229 the Government Code of the State of California. INCREASING THE SALARIES OF COUNCILMEN AND REPEALING ORDINANCE NO. 1115 - FIRST READING City Council Meeting 12 January 8, 1974 Ordinance offered It was moved by Mayor Hamilton that this ordi- nance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Gouncilmen Hamilton, Hyde, Scott, Hobel Noes: Councilman Egdahl Absent: None Ballot question Councilman Egdahl felt this should be put on the ballot to let the voters decide this ques- tion. Mayor Hamilton explained that this was approved by the voters when they amended the Charter to state that the Council's salaries would be governed by the same laws as those applicable to General Law Cities in California. Councilman Scott further explained that last year the Legislature passed a Bill allowing Councilmen who have not had an increase in salary based on population, to increase their salaries 5% per year as a cost of living. ORDINANCE NO. 1516 - This ordinance concerns the recent approval MODIFICATION OF THE PRECISE of the Council to allow construction of an PLAN AS ADOPTED THEREBY IN open channel instead of an underground drain- ACCORDANCE WITH RESOLUTION age system on the north side of Telegraph NO. PCZ-72-O OF THE PLANNING Canyon Road between Halecrest Drive and Crest COMMISSION - FIRST READING Drive. Councilman Scott commented that it was his understanding that this removes the restric- tion that the applicant would have to construct an underground channel - it did not necessarily state it could not be a possibility in the future. City Attorney's opinion City Attorney Lindberg stated it does remove the requirement for undergrounding; however the staff or the applicant has the option, prior to actual construction, of making a mod- ification to the plan. Councilman Scott declared that he would like to see the precise plan before he would approve an open ditch in this location. Director of Planning Peterson indicated that the staff is pursuing the open channel based on the Council's action taken at the meeting of December 18, 1973. Councilman Egdahl suggested an ordinance be brought back amending the condition stating: "However, an alternate proposal for an open drainage channel would be given consideration." City Council Meeting 13 January 8, 1974 City Attorney Lindberg stated he would revise the ordinance indicating that the Council would consider an open channel based on viewing de- tailed plans rather than leaving the impression that the developer can be assured he can go ahead with the open channel on any condition. Motion for revised ordinance It was moved by Councilman Egdahl and seconded by Councilman Scott that a revision to the pro- posed ordinance be brought back with a modifica- tion of the conditions so that the option remains with the Council rather than the applicant or the owner. B. D. Noyes Mr. Noyes declared that existing ordinances per- 180 Garrett Avenue taining to engineering of drainage in the City cover this option, so an additional requirement is not necessary. Motion failed The motion failed by the following vote, to- wit: Ayes: Councilmen Egdahl, Scott NOES: Councilmen Hobel, Hamilton, Hyde Absent: None Ordinance placed on It was moved by Councilman Hyde that this first reading ordinance be placed on its first reading and that reading of the text be waived by unani- mous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Hobel, Egdahl Noes: Councilmen Scott, Hamilton Absent: None ORDINANCE NO. 1513 - This annexation incorporates 5.2 acres of land APPROVING THE ANNEXATION located on the south side of Otay Valley Road, OF CERTAIN UNINHABITED 600 feet east of Interstate 805 and lies within TERRITORY KNOWN AND the Montgomery Sanitation District service area DESIGNATED AS PACIFIC but outside the District boundary. It was TELEPHONE AND TELEGRAPH placed on first reading at the meeting of COMPANY ANNEXATION - December 18, 1973. SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Egdahl 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 Egdahl, Scott, Itobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1514 - The ordinance permit5 the keeping of hawks by AMENDING SECTION 10.101, licensed falconers, and the keeping of certain ARTICLE 1, OF CHAPTER 10 OF other animals, such as goats, by school cMl- THE CHULA VISTA CITY CODE dren for educational purposes. RELATING TO THE KEEPING OF HAWKS AND FALCONS - SECOND READING AND ADOPTION City Council Meeting 14 January 8, 1974 Ordinance placed on second It was moved by Councilman Egdahl that this reading and adopted ordinance be placed on its second reading and adopted and that reading o£ the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None MAYOR'S REPORT ALLOCATION FOR UNDER- Mayor Hamilton announced that San Diego Gas GROUND UTILITIES and Electric has allocated $191,230 for con- version of overhead utilities in this City for the year 1974. LEAGUE OF CALIFORNIA Mayor Hamilton reported that the next meeting CITIES DINNER MEETING of the League will be on Thursday, January 17, with the City of E1Cajon hosting the event at the Singing Hills Country Club. AlP LUNCHEON MEETING Senator John Tunney is scheduled to speak on "Mass Transit and the Energy Crisis" at a luncheon meeting sponsored by the San Diego Section of American Institute of Planners on Monday, January 14, at the E1 Cortez Hotel. The Mayor asked the Councilmen to make their reservations with the City Clerk. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that an Executive Session be called at the close of the meeting for possible litigation and person- nel reasons. NEW CHAIRMAN OF PORT Councilman Hobel stated he represented the DISTRICT City today at the installation of C. R. Campbell as Chairman of the Port Commission and that the City Clerk administered the oath of office to Mr. Campbell. COUNCIL CONFERENCE Councilman Egdahl referred to the letter re- ceived from residents of East "H" Street. The Public Works Director has prepared material on this matter and has asked for a Council Con- ference. Director of Public Works Cole explained that this Conference would be to consider the report on the Gas Tax Funds - the center strip of East "H" Street is only a portion of this considera- tion. Conference set It was moved by Councilman Hyde and seconded by Councilman Hobel that a Council Conference be set for the 16th of January beginning at 3:30 p.m. City Council Meeting 15 January 8, 1974 Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None Staff to write letter Councilman Hyde asked the staff to respond to the lady who wrote the letter informing her of this scheduled Conference and inviting these people to the meeting. WRITTEN COMMUNICATIONS Request from Chamber of The Streets and Highways Committee of the Commerce for Council con- Chamber of Commerce submitted a change in the sideration of proposals traffic pattern for the Post Office building for elimination of Post in order to alleviate the traffic problem in Office traffic problem that area. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this recommendation be referred to the staff. Request from Bobby Sox The Bobby Sox Softball League requested a Softball League for waiver refund of the $85 filing fee paid on their of filing fee submitted application for a conditional use permit for with the application for a two softball diamonds on property leased to conditional use permit them without compensation by the Park Hill United Methodist Church. Motion to send letter It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a letter be sent to the Bobby Sox League stating the legal problems involved in waiving fees for conditional use permits since it is not a proper procedure under the present ordinance. Discussion Council discussion followed as to the legality of accommodating this request. City Attorney Lindberg noted that the appli- cants have already filed the application and paid the fee. He remarked that he has never known a Little League team to file a conditional use permit. B. F. Noyes 180 Garrett Avenue Mr. Noyes stated that many churches consider athletic activities as being religious functions. Mrs. Ada Thompson Mrs. Thompson explained that the Bobby Sox League 1060 Las Bancas Court is comprised of girls - it has nothing to do with Little League, and whatever the Council does in favor of the Little League should be reciprocated for the Bobby Sox League. Motion for refund It was moved by Mayor Hamilton that the City Attorney find a legal way to refund the $85 fil- ing fee paid by the Bobby Sox League for the conditional use permit. City Council Meeting i6 January 8, 1974 Substitute motion It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to the City Attorney and the Planning Director, as appropriate, to determine whether the Council has any op- tion as far as legally waiving this fee or reimbursing them for expenses already borne. Verified claim for damages - City Clerk Fulasz explained that no amount Kenneth P. Silvia certain was stipulated on the claim. She 257 Sandstone Street will contact Mr. Silvia and the claim will be put on a subsequent Council agenda. Verified claim for damages - Mr. Ferreira filed this claim in the amount Frank E. Ferreira of $20,000 alleging that on or about August 7, 250 Bonita Glen Drive 1973, the City Council adopted Ordinance No. 1476 downzoning his property located at the southwest corner of Bonita Road and Sandal- wood Drive from R-3-D to R-1. Claim denied It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the claim be denied. Verified claim for damages - Mrs. Mestler filed the claim in the amount Minnie E. Mestler of $1,000 claiming that on December 19, 1973, 361 Vance Street, Apt. 301 at 7:30 p.m., she tripped over a portion of a City sidewalk that was raised by tree roots. 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 investiga- tion. Request from City of Covina The City of Covina asked for Council support urging support of asking the in adopting a resolution requesting that the California Costal Zone Com- California Coastal Zone Commission rescind mission to rescind its previous its previous decision to deny expansion of action to deny expansion of the the San Onofre Nuclear Generating Plant and San Onofre Nuclear Generating to grant immediate approval for the further Plant development of this generating station. Motion to deny It was moved by Councilman Hyde that the re- quest be denied. No second to motion The motion died for lack of second. Resolution supporting action It was moved by Councilman Scott and seconded to be brought back by Mayor Hamilton that a resolution be brought back to the next meeting supporting this action. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None City Council Meeting 17 January 8, 1974 Letter of resignation - Mr. Swanson submitted his letter of resigna- Lester D, Swanson, tion stating that he will be moving out of Planning Commission the City and will no longer be eligible to serve on the Planning Commission. Resignation accepted It was moved by Councilman Egdahl, seconded with regret by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of appreciation be sent to Mr. Swanson thanking him for his service on the Commission. Letter of resignation - Mr. Cox submitted his letter of resignation Gregory R. Cox, stating he is a potential candidate for the Parks & Recreation Commission City Council and feels it would be appropri- ate to resign from the Commission at this time. Resignation accepted It was moved by Councilman Egdahl, seconded with regret by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of appreciation be sent to Mr. Cox thanking him for his service on this Commission. Request from Diamond Cab and The cab companies requested that the initial San Diego Yellow Cabs, Inc., rates be set at sixty cents ($.60) for the for increase in taxicab rates first one-fifth mile and ten cents ($.10) for each additional one-fifth mile or frac- tion thereafter. Referred to City Manager It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this request be referred to the City Manager. EXECUTIVE SESSION The Council recessed to Executive Session at 10:22 p,m. and the meeting reconvened at 11:13 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:13 p.m. to the meeting scheduled for Tuesday, January 1S, 1974, at 7:00 p.m.