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HomeMy WebLinkAboutcc min 1973/12/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 18, 1973 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, Director of Parks and Recreation Hall, Purchasing Agent Espinosa 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 Hyde and unanimously carried that the minutes of the meetings of December 10 and 11, 1973, be approved, copies having been sent to each Councilman. MOTION TO RECONSIDER ITEM It was moved by Councilman Scott and seconded ON EAST "H" STREET EXTENSION by Councilman Hyde that the motion on the con- struction of East "H" Street from Hilltop Drive to the Interstate 805 freeway (discussed at the meeting of December 11) be reconsidered. Motion fails The motion failed by the following vote, to- wit: Ayes: Councilman Scott, Egdahl NOES: Councilmen Hobel, Hamilton, Hyde Absent: None OATH OF OFFICE TO DEPUTY The City Clerk administered the oath of office CITY ATTORNEY to the Deputy City Attorney Craig Beam. PRESENTATION OF FINANCIAL A written report was submitted by Mr. Gary REPORT ON OPERATION OF Wappes covering the financial report, social "OUR HOUSE" services, Diversionary Project and other agency activities for the period September through November 1973. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. PROCLAMATION - The Mayor presented the proclamation to Mr. DECLARING JANUARY 1974 AS Richard O'Brien, President of the San Diego "ALCOHOLISM INFORMATION MONTH" National Council on Alcoholism. City Council Meeting 2 December 18, 1973 ORAL CO~4qUNICATIONS Request for relief from a Mr. Donald Worley, Attorney (Seltzer, Caplan, condition of approval attached Wilkins & McMahon, 3003 Fourth Avenue, San to the tentative subdivision Diego) referred to his written statement to map for Rancho Rios Units 6, the Council in which his clients, the devel- 7 and 8 opers of Rancho Rios Subdivision, requested relief of the condition imposed on the final map for Units 6, 7 and 8 - "that the applicant secure a written statement from both school districts specifying that said development will not impose a burden upon their facilities." Mr. Worley submitted charts noting the school enrollment for the first units of Rancho Rios which he stated was substantially less than the average expected enrollment upon which the school districts have based their fees. They proposed to the school districts that an equitable fee for these units be established; however, they were turned down. Mr. Worley now requested that the final subdivision map of Rancho Rios Units 6, 7 and 8 be approved without reaching any agreement with the school districts involved, unless and until the dis- tricts show some indication of entering into a reasonable fee agreement. Mr. Worley requested that the Council instruct the school districts to come up with a flex- ible fee policy and, until they do so, that the Council decline to enforce the fee policy. Council discussion Council discussion followed regarding the fees charged by the City of San Diego and the policy initiated by both Chula Vista school districts as it pertained to a single-family home with one bedroom versus one that had five bedrooms. Motion regarding tentative It was moved by Councilman Scott and seconded map condition by Councilman Hyde that this condition not be imposed on the tentative map. Discussion of motion Councilman Hyde suggested a letter be written to the school districts about this matter ask- ing them for a response. Councilman Egdahl noted that the Council did not need to take any action on this matter until tho final map consideration - he felt that no action should be taken at this time. Second withdrawn Councilman Hyde withdrew his second; therefore, there was no motion on the floor. Motion for letters to both It was moved by Councilman Hyde and seconded school districts by Councilman Egdahl that communication be made to both school districts indicating that the City Council has received a letter along with a presentation from Mr. Donald Worley, and request comment from both districts in regard to the policy for ~ sliding scale fee, as requested by Mr. Worley. City Council Meeting 3 December 18, 1973 Discussion of motion Discussion ensued as to the meeting previously held with the school districts regarding the fees, the decision of the school districts, and the possible inequity of charging every unit a flat fee. Motion fails The motion failed by the following vote, to- wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Motion to delete policy It was moved by Mayor Hamilton that the fee policy be abolished. No second to motion The motion died for lack of second. Stan McMains Mr. McMains discussed the telephone directories 279 Third Avenue (San Diego and San Diego Suburban) noting that Chula Vista Chula Vista businesses were not listed in the San Diego directory. He remarked that 75% of his business comes from San Diego and objected to the fact that the Telephone Company omitted putting in the Chula Vista numbers without first notifying these businesses. He asked that the City go on record opposing this type of action. City Attorney Lindberg stated that the Council can take minute action requiring a resolution by unanimous consent. Unanimous Consent Item - It was moved by Councilman Hobel, seconded by RESOLUTION NO. 7130 - Councilman Egdahl and unanimously carried that NOTIFYING PACIFIC TELEPHONE the City Attorney prepare a resolution to be COMPANY OF CITY'S CONCERN sent to Pacific Telephone Company reflecting OVER TELEPHONE DIRECTORIES Chula Vista's objections to the directories, have the resolution contain points such as the deletion without prior notification, and pro- test to not being included in the San Diego directory. John Yamamoto Mr. Yamamoto stated he is building a duplex 698 Seavale and has been informed by the school districts Chula Vista that he must pay over $1,000 in school fees. He felt this was unfair and asked Council what could be done about it. Motion for notification It was moved by Councilman Scott, seconded by to school districts Councilman Hyde and unanimously carried that this type of situation be referred to the school districts asking them to look into the policy of charging fees for units less than subdivisions (five or more) and have them change that policy. RECESS A recess was called at 8:03 p.m. and the meeting reconvened at 8:19 p.m. City Council Meeting 4 December 18, 1973 Motion to move item up on It was moved by Councilman Hyde, seconded by agenda Councilman Scott and unanimously carried that item 5 (Public hearing for consideration of Pacific Telephone Annexation ) be moved up on the agenda at this time. PUBLIC HEARING - The 5.2 acres is located on the south side CONSIDERATION OF PACIFIC of Otay Valley Road, approximately 600 feet TELEPHONE COMPANY ANNEXATION east of Interstate 805 and lies within the Montgomery Sanitation District service area but outside the district boundary. Construc- tion of a telephone office building, garage and storage building on the property is near- ing completion. 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 public hearing was closed. ORDINANCE NO. 1513 - It was moved by Councilman Egdahl that this APPROVING THE ANNEXATION ordinance be placed on first reading and that TO SAID CITY OF CERTAIN reading of the text be waived by unanimous UNINHABITED TERRITORY KNOWN consent. AND DESIGNATED AS PACIFIC TELEPHONE AND TELEGRAPH The motion carried by the following vote, to- COMPANY ANNEXATION wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None PUBLIC HEARING - The applicant is requesting this rezoning CONSIDERATION OF APPEAL for 3.96 acres of property located at the BY PETE AARDEMA OF PLANNING northeast corner of the property. Mr. Peterson, COb~qlSSION DENIAL OF APPLICA- Director of Planning, submitted a plat noting TION FOR REZONING PCZ-73-0 the property in question, explaining that the FROM R-3-G-D to R-3-M FOR proposed zoning could accommodate 86 apartment APPROXIMATELY 4 ACRES LOCATED units - under the present zoning, 69 units AT THE NORTHWEST CORNER OF could be accommodated. SECOND AVENUE AND PALOMAR STREET The Planning Director recommended that the rezoning to R-3-M be approved with the addi- tion of the "P" Modifying District. The ap- plicant would then have to submit a site plan and architectural design which would include: (1) density somewhere between that permitted in the R-3-G and R-3-M Districts; (2) use of some one-story buildings; (3) employment of a registered architect and landscape architect to prepare the design. Public hearing opened This being the time and place as advertised, the public hearing was declared open. Ray Huffman Mr. Huffman stated his firm would be the de- Huffman Construction Company velopers of this parcel of property. He 2700 Adams Avenue explained the site plan noting that the complex San Diego was designed for family units. He added that he has no objections to the three requirements imposed by the staff but questioned the den- sity being required. City Council Meeting S December 18, 1973 Mr. Peterson commented that the plan submitted could be improved upon - the density would be placed somewhere between 69 and 86 units and some single-story buildings would be constructed. Letter of protest The City Clerk submitted a letter from the Greater Western Real Estate Investment Trust, 44-883 King Street, Indio, California, asking that the appeal not be granted. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to grant appeal It was moved by Councilman Hobel and seconded by Councilman Egdahl that the appeal be granted subject to the conditions as presented by the department head. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: Councilman Hyde Absent: None Mayor Hamilton noted that this item will now be sent back to the Planning Commission. PUBLIC HEARING - Councilman Hyde stated he is a stockholder in CONSIDERATION OF APPEAL this bank and will abstain from the discussion BY BALBOA BANK OF PLANNING and voting of this matter. CO~ISSION DENIAL OF VARIANCE FOR INCREASE IN The Director of Planning submitted a plat PERMITTED SIGN AREA AT noting the area in question and the location 410 "H" STREET of the proposed signs. Balboa Bank's requests are for an increase in the allowable area of a wall sign facing a dedicated street from 50 square feet to 112 square feet; the other request was for a 160-square-foot wall sign to be placed on the west elevation facing the parking area. Mr. Peterson concurred with the action of the Planning Commission in denying the request for the increase in the sign area and approving a sign on the west elevation of the building up to 50 square feet maximum area. Public hearing opened This being the time and place as advertised, the public hearing was opened. Bob Barrick Mr. Barrick submitted pictures and sketches of 1113 Via Trieste the proposed signs. He explained that this Chula Vista bank is different from those at the other cor- ners of this intersection because it is a two story building, standing 22 feet high. Mr, Barrick noted the site layout of the building, drive-in windows, ingress and egress, and com- mented that the signs proposed fit in with the total proportion of the building. Reader sign Council discussion ensued on the "reader sign" requested by the bank. Mr. Barrick felt it would be very desirable to have this left in as it could be used as a public bulletin board: the reader sign area is 30 square feet. City Council Meeting 6 December 18, 1973 In answer to Council's inquiries, Mr. Barrick remarked that there is a three- to four-foot planting strip next to the building wall for landscaping purposes. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to grant appeal It was moved by Mayor Hamilton and seconded by Councilman Hobel that the appeal be granted without the reader portion of the sign - without them being able to place information on that sign. Clarification of motion Mr. Peterson explained that the overall dimen- sion of the sign would remain the same - 160 square feet; however, they would not be able to utilize the reader portion of the sign. Withdrawal of motion Councilman Scott declared it would take a 4/5s vote of the Council (unanimous vote since Councilman Hyde is abstaining) to over- ride the Planning Commission recommendation, and felt more discussion should be held pre- paratory to taking the vote. Mayor Hamilton withdrew his motion; Councilman Hobel withdrew his second. Motion regarding size Following more discussion, it was moved by of sign Councilman Egdahl that the reader board not be allowed on either sign but, by this motion, a determination is not made as to the ulti- mate size of the sign. No second to motion The motion died for lack of second. Motion to deny appeal It was moved by Councilman Scott and seconded by Councilman Egdahl that the variance be denied. Mr. Peterson explained that denial of the variance would not allow any sign at all on the west side of the building. Motion withdrawn Councilman Scott withdrew his motion; Council- man Egdahl withdrew the second. Motion to deny appeal It was moved by Councilman Scott that the re- commendation of the Planning Commission be approved - deny the appeal. No second to motion The motion died for lack of second. Motion for continuation It was moved by Councilman Egdahl and seconded by Councilman Scott that the decision on this be continued in order to get an alternate pro- posal from the appellant. Opinion of City Attorney City Attorney Lindberg stated that if the ap- pellant is going to bring in new suggestions, then the public hearing should be reopened. Mr. Peterson suggested referring this matter back to the Planning Commission - the staff City Council Meeting 7 December 18, 1973 could convey the discussions taken place to- night and see if the Planning Commission could take care of it at that level. Mr. Lindberg stated it would require a public hearing on the part of the Planning Commission. Clarification of motion Councilman Egdahl clarified the motion to state that the staff bring back these sugges- tions for consideration of some compromise in between. Planning Director Peterson commented that he would meet with the appellant on these alter- nate proposals. Motion withdrawn Councilman Egdahl withdrew the motion. Motion to reopen the hearing It was moved by Cotmcilman Scott, seconded by Mayor Hamilton and unanimously carried to reopen the hearing. Motion to continue hearing It was moved by Councilman Scott and seconded by Councilman Hobel that the hearing be con- tinued to January 8, 1974, in order to get in- put from both the applicant and the staff on alternate proposals. 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 9:35 p.m. and the meeting reconvened at 9:48 p.m. REQUEST FOR BILLING PROCEDURE City Manager Thomson explained that the CHANGE - CHULA VISTA Chula Vista Sanitary firm requests they be SANITARY SERVICE allowed to activate a quarterly billing cycle in lieu of the current bimonthly procedure in order to reduce its operating costs brought on by increased postage rates and increased cost of fuel. A brief discussion was held on the cash flow of the corporation. Mrs. Mary Thiram, Chula Vista Sanitary Service, indicated there would be no problem - their records show that better than 50% of the residents pay during the first part of the billing period. Request granted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the request be granted. STATUS REPORT ON "J" Mr. Cole, Director of Public Works, noted the STREET STORM DRAIN studies made on this storm drain facility. The first report stated that "the pipe failure re- sulted from improper construction methods." City Council Meeting 8 December 18, 1973 A second report listed alternatives to follow. Mr. Cole stated he will contact the contractor, along with the City Attorney, and determine how the correction of the drain will be accom- plished. They expect this to be accomplished after the rainy season this spring. Mayor Hamilton noted that the Council directed the staff to study the traffic patterns on "J" Street and come back with a recommendation as to whether or not the street should be widened. He felt that this report should be brought back at the same time so that, if the street is determined to be widened, it would be accomplished at the same time as the drain is corrected. REPORT ON ORDINANCE AMENDMENT It was moved by Councilman Hobel, seconded by TO ALLOW ALCOHOLIC BEVERAGES Councilman Scott and unanimously carried that ON PREMISES IN WHICH BILLIARD this item be held over pending a written re- OR POOL TABLES ARE MAINTAINED port from the City Attorney Item continued TRANSMITTAL OF DRAFT COPIES The City Council adopted the Parks and Recrea- OF THE PARKS AND RECREATION tion Master Plan on July 20, 1971. Staff has ELEMENT OF THE GENERAL PLAN reviewed the plan and prepared a draft of a revised Parks and Recreation Element of the General Plan. The Director of Planning asked for comments on the draft and then that it be referred to the Planning and Parks and Recreation Commis- sions for review and recommendation. Motion to refer to Planning It was moved by Councilman Scott, seconded by and Parks and Recreation Councilman Egdahl and unanimously carried that Commissions this matter be referred to the Planning and Parks and Recreation Commissions. REPORT ON REQUEST FOR On September 12, 1972, the City Council re- MODIFICATION OF PRECISE zoned 18 acres of property on the north side PLAN GUIDELINE FOR C-C-P of Telegraph Canyon Road at Halecrest Drive ZONING ON PROPERTY AT from C-C-P and R-3 to C-C-P subject to the TELEGRAPH CANYON ROAD EAST condition that the Telegraph Canyon basin OF HALECREST DRIVE - drainage be carried through this property PACIFIC BAY DEVELOPMENT underground. The applicant requested that COMPANY the Planning Commission reconsider this con- dition with a view toward waiving the under- ground channel in favor of an open trapezoidal channel due to excessive costs. Mr. Peterson reported that the Planning Com- mission, by a vote of 4 to 3, voted to delete the requirement for the underground drainage system. However, it would be his recommen- dation that the Council reaffirm the require- ment for the underground drainage system based on public safety and aesthetic considerations. Motion to accept department It was moved by Councilman Scott and seconded head's recommendation by Councilman Hobel to accept the recommenda- tion of the department head - that the require- ment for underground drainage system be required. City Council Meeting 9 December 18, 1973 Gilbert Dreyfuss Mr. Dreyfuss, President, Pacific Bay Develop- ment Corporation, owner of the project, stated he owned the property from 1959. Mr. Dreyfuss detailed the cost of the channel - over $569,598; the cost of an average parking space is $750 and not the $10,000 to $20,000 as quoted by the staff. He referred to the resolution approved by the City Council in 1968 which covered the cost by an owner on a drainage channel, and declared that they lost a deal with the Safeway Stores because of this specific drainage requirement. Mr. Dreyfuss further noted that the criteria for undergrounding was not a condition of the rezoning - it was a guideline. He asked that this guideline be removed and not be made a condition. Second withdrawn to motion Councilman Hobel withdrew his second; therefore, there was no motion of the floor. Motion to sustain Planning It was moved by Councilman Hyde and seconded Commission recommendation by Councilman Egdahl that the recommendation of the Planning Commission be sustained with the following additional requirements: 1. That the staff specify the necessary safety requirements (fencing for the length of the channel on both sides. 2. Appropriate landscaping be required on both sides for suitable aesthetic treatment. 3. Condition be imposed that the shopping center owner would assume responsibility for reasonable cleaning of debris from the open channel for its full length with the provision that if a suitable standard of maintenance is not achieved~ the City will perform the task and bill the shopping center owner accordingly. Opinion of City Attorney Mayor Hamilton noted the opinion of the City Attorney - that once a motion is made and seconded and discussion has taken place, that motion should be voted on. The withdrawal of the motion was inappropriate. First motion on the floor The motion to accept the department head's recommendation that the requirement for under- ground drainage system be required failed by the follewing vote, to-wit: Ayes: None NOES: Councilm~n Scott, Hobel, H~milton, Hyde, Egdahl Absent: None Motion made by Councilman Hyde Councilman Scott felt it was too soon to act upon the motion made by Councilman Hyde with the conditions as outlined. His recommenda- tion was to have this one condition removed, and then the staff can come back to the City Council with the appropriate conditions at the time of presenting the precise plan. City Council Meeting 10 December 18, 1973 Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Hobel Noes: Councilmen Scott, Hamilton Absent: None REPORT ON BICYCLE PATHS - Mr. Emerson Hall, Director of Parks and Rec- SAN DIEGO AND ARIZONA reation, submitted a report based on a study EASTERN RAILWAY COMPANY of possible construction of bicycle paths along the railroad right-of-way. After re- viewing several maps and talking to a Mr. Caulfield of the railway Property Division, it was concluded that the only active right- of-way is the line (approximately 100 feet wide) running along the bay area. Mr. Hall indicated that based on this infor- mation, it was apparent that the rights-of- way would not provide the continuous riding paths which this City is seeking. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. SAFETY COMMISSION The Safety Commission reported the following: RECOMMENDATIONS REGARDING COUNCIL REFERRALS 1. That the intersection at the corner of Second Avenue and Quintard Street does not warrant a four-way stop based on the point system currently in use by the City. 2. That the traffic island on Bonita Road at Allen School Road be removed. Mr. Cole, Director of Public Works, recommended against having the island removed on Bonita Road. Report accepted and referred It was moved by Councilman Scott, seconded by to staff Cmmcilman Egdahl and unanimousl7 carried that the report be accepted and referred to the staff for a report of traffic conditions and other aspects of the alleged problem surround- ing the easterly traffic island at the inter- section of Allen School Road and Bonita Road. RECOMMENDATIONS CONCERNING The Environmental Control Commission recom- CHULA VISTA ORDINANCE NO. 1424 mended that signs containing the following (BEVERAGE CONTAINER ORDINANCE) message be distributed to all affected busi- nesses in the City: IMPORTANT NOTICE THE USE OF DEPOSIT TYPE BEVERAGE CONTAINERS WILL RESULT IN SUBSTANTIAL SAVINGS AND CON- SERVATION OF ENERGY AND RESOURCES WHEN CONTAINERS ARE RETURNED. POSTED - COMPLIANCE WITH CNULA VISTA ORDINANCE NO. 1424 City Council Meeting 11 December 18, 1973 Recommendation approved It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the recommendation be approved. RECO~ENDATIONS REGARDING The Parks and Recreation Commission asked for AB 1367 (RECREATION, PARKS Council opposition to Assembly Bill 1367 which AND OPEN SPACE) would (1) limit the standards to 2-1/2 acres of park land for every 1,000 future inhabitants of a proposed subdivision; (2) restrict land to be dedicated to land lying within the pro- posed subdivision; (3) limit the use of col- lected funds to land acquisition only; (4) require that mandatory credit be given for park and recreation facilities provided by the subdivision; (5) require that collected fees be used within two years from date of receipt and, if not, returned to owners of the subdivision. Permission to send letters It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that permission be given to forward letters to each of the members of the Assembly Committee on Planning and Land Use and to Assemblyman Wadie Deddeh. RECOMMENDATION TO MAKE THE The Bicentennial Committee recommended that a SAN DIEGO-IMPERIAL REGION National Research Center for Energy Studies THE NATIONAL RESEARCH be launched as a bicentennial project under CENTER FOR ENERGY STUDIES the horizons '76 phase of the celebration which encourages new creative approaches for Americans. The Committee asked that the Council invite representative people from our area to an organizing conference. Recommendation accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried to accept the recommendation. CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7119 - The following bids were received on November 26, ACCEPTING BIDS AND AWARDING 1973: CONTRACT FOR ONE FOUR WHEEL STREET SWEEPER Nixon-Egli Equip. Mobil 2-TE-3 $20,937.48 Sales tax 1,046.87 Trade-in Allow. 1,800.00 Mission Chemical Wayne 2-945 22,737.00 Sales tax 1,136.85 Trade-in Allow. 3,417.00 It was recommended that the low bid submitted by Nixon-Egli Equipment Company be accepted. City Council Meeting 12 December 18, 1973 RESOLUTION NO. 7120 - One bid was received on November 30, 1973: ACCEPTING BIDS AND AWARDING CONTRACT FOR ONE VIBRATING International Harvester - Essick Model VR-42RET ROAD ROLLER Roller at $8,760.00 438.00 sales tax $9,198.00 It was recommended that the bid be accepted. RESOLUTION NO. 7121 - The following three proposals were received ACCEPTING PROPOSALS AND for the contract of designing the sewer in AUTHORIZING THE DIRECTOR Bay Boulevard: OF PUBLIC WORKS TO RETAIN BEMENT-DAINWOOD-STURGEON Bement-Dainwood-Sturgeon $1,962.00 FOR THE DESIGN OF A SEWER Frank P. Phillips 2,400.00 IN BAY BOULEVARD NORTH McCabe Engineering, Inc. 5,695.00 OF "F" STREET It was recommended that the contract be awarded to Bement-Dainwood-Sturgeon and the sum of $2,150.00 be appropriated from the Sewer Income Account 18-3330-5569. RESOLUTION NO. 7122 - This system was completed by Econolite, Traf- ACCEPTING COMPUTER TRAFFIC fic Systems Division, on December 10, 1973. SIGNAL INTERCONNECT SYSTEM, The Director of Public Works reported that GAS TAX PROJECT #165 the installation and tests have been performed in accordance with the specifications for this project. RESOLUTION NO. 7123 - The agreement with the City of National City EXTENDING THAT CERTAIN for the use of the Chula Vista dog pound AGREEMENT BETWEEN THE CITY facilities and services expires on December 31, OF CHULA VISTA AND THE CITY 1973, and they have requested an extension to OF NATIONAL CITY PROVIDING December 31, 1974. FOR THE USE OF POUND FACIL- ITIES AND SERVICES OF THE CITY OF CHULA VISTA RESOLUTION NO. 7124 - This is the material required for the develop- ACCEPTING BIDS AND AWARDING ment of Larkhaven and Otay Parks. Bids were CONTRACT FOR IRRIGATION received on December 17, 1973, as follows: EQUIPMENT AND SUPPLIES Toro Pacific Distributing $14,698.15 Contractor Supply 15,463.00 Pacific Products, Inc. 15,903.37 Toro Pacific bid on plastic sprinklers which are unacceptable; therefore, it was recom- mended that the contract be awarded to Contractor Supply and the amount of $15,463.00 plus sales tax of $773.15 be expended from Account 61-7001-PR-g-70. RESOLUTION NO. 7125 - The Director of Public Works submitted a re- PROVIDING FOR THE SPECIAL port requesting the purchase of a stump cutter APPROPRIATION OF FUNDS FOR in the amount of $9,000.00 from revenue sharing PURCHASE OF A STUMP CUT/ER funds. He explained that the present cutter was taken out of operation a few months ago City Council Meeting 13 December 18, 1973 due to its being hazardous in operation. There is presently a backlog of 131 requests for tree removals. (End of Consent Calendar) RESOLUTION NO. 7126 - At the meeting of November 27, 1973, the AUTHORIZING SAN DIEGO Council authorized an increase in the price LIQUID GAS & APPLIANCE, of LPG from $.19 per gallon to $.25 per gallon. INC., TO INCREASE PRICE Notification has been received from Atlantic- OF LIQUEFIED PETROLEUM GAS Richfield that another increase has been made by their supplier in the amount of $.032 a gallon effective December 1, 1973. The in- crease would now set the unit price of LPG to $.282 a gallon. 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. 7127 - On December 11, 1973, the Council authorized ACCEPTING GRANT DEED TO the City Attorney to proceed with condemnation CERTAIN REAL PROPERTY FROM of the property owned by Mr. and Mrs. Eckhart W. H. AND JEAN M. ECKHART for parking and vehicle storage purposes. FOR PARKING AND VEHICLE STORAGE PURPOSES AND It is now recommended that the $40,000 offer APPROPRIATING FUNDS FOR THE from Mr. Eckhart be accepted and the money PURCHASE OF SAID PROPERTY appropriated from the revenue sharing funds. City Manager Thomson explained the need for specifying "parking and vehicle storage pur- poses'' in the resolution. 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 Noes: Councilman Egdahl Absent: None RESOLUTION NO. 7128 - Director of Planning Peterson submitted the APPROVING THE TENTATIVE tentative map noting the location as 108 acres MAP OF A SUBDIVISION TO east of Brandywine Avenue. They have requested BE KNOWN AS DEERPARK EAST permission to build 291 5ingle-family detached PCS-73-4 AND PLANNED UNIT houses; it was originally approved under the DEVELOPM~ENT PUD-73-2 P-C zoning for 900 dwelling units. Mr. Peterson explained the site plan and reviewed the conditions of approval as imposed by the Planning Commission. Mr. Peterson recommended deletion of condi- tion 11: "A public drive shall be constructed southerly from 'H', drive terminating in a 30-foot radius cul-de-sac opposite Court 29." It was determined that this condition is no longer necessary. City Council Meeting 14 December 18, 1973 Resolution offered Offered by Councilman Scott with the deletion of item #11 which states: "A public drive shall be constructed southerly from 'N', drive terminating in a 30-foot radius cul-de-sac opposite Court 29." 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 Jerry Linton Mr. Linton submitted a rendering of a portion American Housing Guild of the development showing a typical court yard. RESOLUTION NO. 7129 - On June 26, 1973, the City Council extended APPROVING A SIX MONTH the fiscal 1973 agreement with Aztec Bus Lines EXTENSION OF THE SIXTH to December 31, 1973, or "until the date of AMENDMENT TO THE AGREEMENT receipt of claimed fiscal 1974 California BETWEEN THE CITY OF CHULA State Local Transportation Fund monies..." VISTA AND AZTEC BUS LINES Comprehensive Planning Organization has noti- TO PROVIDE INTRA-CITY BUS fied the City that payments will commence in SERVICE IN THE CITY OF late December. Changes in the contract are: CHULA VISTA (1) rates have been raised from $225 to $300 daily; (2) provision has been made for uniquely painted buses. The total cost of the contract is $45,900. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1S14 - It was moved by Councilman Scott that this AMENDING SECTION 10.101, ordinance be placed on its first reading and ARTICLE 1, OF CHAPTER 10 that reading of the text be waived by unani- OF THE CHULA VISTA CITY mous consent. CODE RELATING TO THE KEEPING OF HAWKS AND FALCONS - The motion carried by the following vote, to- FIRST READING wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Egdahl Noes: None Absent: None ORDINANCE NO. 1510 - This amendment applied to overload permits, AMENDING CITY CODE TO encroachment permits and construction permits, ESTABLISH NEW LIMITS OF and will result in the provision of reasonable LIABILITY INSURANCE FOR protection to the City under present day fi- PERMITTEES - SECOND nancial circumstances. This ordinance revision READING AND ADOPTION had its first reading at the meeting of December 11, 1973, and is now submitted for the second reading and adoption. City Council Meeting 15 December 18, 1973 Ordinance placed on second It was moved by Councilman Scott 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1511 - The ordinance will grant purchasers power of AMENDING ARTICLE 4, a legally enforceable right to the conveyance CHAPTER 28 OF THE CHULA of an easement. The ordinance was placed on VISTA CITY CODE BY ADDING first reading at the meeting of December ll, THERETO A NEW SECTION 28.410 1973, and is now submitted for the second RELATING TO EASEMENTS SHOWN reading and adoption. ON PARCEL MAPS TO BE GRANTED AT SOME FUTURE TIME - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Scott 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1512 - The ordinance was placed on first reading AMENDING SECTIONS 33.302 at the meeting of December 11 and it is now AND 33.601A OF THE ZONING submitted for second reading and adoption. ORDINANCE, CHAPTER 33, OF THE CHULA VISTA CITY CODE RELATING TO THE HILLSIDE MODIFYING DISTRICT - SECOND READING AND ADOPTION Equity of out-parcels Councilman Nobel questioned the staff's rec- ommendations on the out-parcels (Koven's property). Mr. Peterson stated he would look into these and report back to the Council; he commented that it wouldn't make any sense to exclude these parcels that are otherwise sur- rounded by the regulations. Ordinance placed on second It was moved by Councilman Scott 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 Scott, Hobel, Hyde, Egdahl Noes: Mayor Hamilton Absent: None City Council Meeting 16 December 18, 1973 EXECUTIVE ORDER ESTABLISHING Mayor Hamilton announced that Governor Ronald SPEED LIMIT Reagan has signed a Bill establishing a SS- mile-per-hour speed limit for ail California effective January 1, 1974. TRIP TO VIEW INDUSTRIAL SITES Mayor Hamilton stated that Mr. Hauptli, Man- ager, Real Estate and Industrial Development of Santa Fe Industrie% suggested a field trip be made to La Mirada and Santa Fe Springs to view the industrial parks. Motion for trip It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the City Manager arrange for a trip that would be suitable for the Council, members of the Planning Department staff, and Attorney to view these industrial parks. Mayor Hamilton asked that the trip be sched- uled prior to the January 8 meeting. CHARTER REVIEW MEETING Mayor Hamilton announced that the Charter Re- CANCELLED view Committee meeting scheduled for 7:30 p.m. on Thursday, December 20, has been cancelled. He asked the Council's feelings on meeting that same night to make appointments to boards and commissions. Motion for Executive Session It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the Council recess to Executive Session at the close of this meeting for personnel rea- sons - to make appointments to boards and commissions. SEASON'S GREETINGS On behalf of the Council, Councilman Scott extended Season's Greetings to everyone. SCHOOL FEES - It was moved by Councilman Hyde and seconded COUNCIL CONFERENCE by Councilman Egdahl that the staff be directed to contact the two school districts concerned and set up a Council Conference in conjunction with them sometime in January for the purpose of reexamining the school fees matter. Councilman Scott noted prior discussions held with the school districts, and felt that per- haps now the proper place to ultimately decide this issue would be the Court. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None City Council Meeting 17 December 18, 1973 RECONSIDERATION OF EAST Councilman Hyde asked that his vote be changed "H" STREET EXTENSION on this matter in regard to the motion made by Councilman Scott to reconsider this matter - he thought he was voting in favor of reconsid- eration. Vote changed The vote, therefore, to reconsider the motion made on the extension of East "H" Street is recorded as follows: AYES: Councilmen Scott, Hyde, Egdahl Noes: Councilmen Hobel, Hamilton Absent: None Motion for Case 2 It was moved by Councilman Scott that Case 2 be accepted with Claire Avenue closed on both sides. No second to motion The motion died for lack of second. Motion for same design It was moved by Mayor Hamilton and seconded criteria by Councilman Egdahl that the Council continue with the design criteria that was voted on at the last Council meeting: "To accept Case 3 with the street being closed with a 6' wall across both of them; sidewalks to stay on the south side to mesh with the interchange across Interstate 805." Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hamilton, Egdahl, Hobel Noes: Councilmen Scott, Hyde Absent: None PROCLAMATION TO SAN JUAN It was moved by Councilman Egdahl, seconded FAMILIES by Councilman Scott and unanimously carried that a proclamation of recognition and ap- preciation from the City Council be sent to San Juan in appreciation of those families that opened up their homes to the Councilmen attending this conference. WRITTEN CO~qUNICATIONS Request to permit flying Mrs. Lawrence E. Helvie, 301 Nocturne Court, model airplanes in park areas requested that consideration be given to modifying the local law pertaining to noise as it affects flying model airplanes. She stated that schools, public parks and streets are included in the areas which prohibit these flying planes, and asked that consid- eration be given to setting a time limit for this activity and allowing it in the remote areas of City parks, such as on Little League fields when not in use. Referred to Parks and It was moved by Councilman Scott, seconded by Recreation Commission Councilman Hyde and unanimously carried that this matter be referred to the Parks and Rec- reation Commission and the staff. City Council Meeting 18 December 18, 1973 CHAMBER OF COMMERCE MEETING Mayor Hamilton announced that the Chamber of Commerce is hosting a meeting on December 20, 1973, at 12:00 noon with Supervisor Walsh and Mayor Wilson with regard to a regional library. The Mayor asked the Council to attend this meeting with him; it will be held at the San Diego Country Club. EXECUTIVE SESSION The Council recessed to Executive Session at 11:12 p.m. and the meeting reconvened at 11:22 p.m. APPOINTMENTS TO BOARDS It was moved by Mayor Hamilton, seconded by AND COb~qlSSIONS Councilman Scott and unanimously carried that the following appointments be made: Board of Appeals - Myron Dalseth International Friendship - Harry Woolf William Davidson Parks and Recreation - Michael Kincaid ADJOURNMENT The Mayor adjourned the meeting at 11:23 p.m. to the meeting scheduled for January 8, 1974, at 7:00 p.m.