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HomeMy WebLinkAboutcc min 1973/12/11 MINUTES OF A P. EGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 11, 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, Assistant Director of Building and Housing Gingerich, Traffic Engineer Sawyerr 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 Hobel and unanimously carried that the minutes of the meeting of November 27, 1973, be approved, copies having been sent to each Councilman. ORAL COMMUNICATIONS Walter F. Scott Mr. Scott cited the traffic congestion at the 790 Woodlawn, Apartment B U.S. Post Office on Third Avenue. He noted Chula Vista the number of spaces available for the patrons and the number of spaces reserved for Post Office personnel. Mr. Scott presented a peti- tion signed by 213 persons requesting that an opening be made at "the rear end of the Post Office parking lot so that entrance and exit may be made to and from Kearney Street, thereby eliminating the needless congestion caused by the existing conditions at the U. S. Post Of- lice on Third Avenue." Motion for staff study It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that staff be directed to re-examine the traffic situation at the Post Office and come up with recommendations including, as an option, pro or con, the opening of the exit onto Kearney Street to the west. Amendment to motion It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the U. S. Postal Service be encouraged to have a person at every window to handle the traffic and clear out the parking lot, letting the turnover of people be much more rapid. Suggestion to open Kearney Councilman Hobel suggested opening Kearney Street until January 1 to cover this emergency. Director of Public Works Cole stated there is a block wall existing at the exit of Kearney now and this wall would have to be torn down City Council Meeting 2 December il, 1973 and a gate constructed across it. However, this is Federal Government property and the City cannot go in and tell the Federal Gov- ernment what to do with their property. Mayor to contact Postmaster Councilman Hyde suggested the Mayor contact the Postmaster to relieve the internal lineup which is causing the delay. Mayor Hamilton indicated he would wait for the staff's recommendation before meeting with the Postmaster. Paul Legler Mr. Legler read a letter from the Board of 456 Elm Avenue Directors of the Chamber of Commerce in which Chula Vista they recommended the following changes be placed on the April 1974 ballot: 1. Charter Review recommendations to go di- rectly to the electorate rather than to the City Council. 2. Appointments to the Charter Review Commit- tee bo changed and that not only the Mayor but each Councilman appoint one member to the Committee. 3. Number each Council seat so that each can- didate runs independently for a specific seat but still represents the City at large, as recommended by the Charter Review Committee. Discussion Council discussion followed pertaining to each of the recommendations. Councilman Scott com- mented on the proposals made by the Charter Review Committee in San Diego, and recommenda- tions made by the various commissions in this City which are made to the Council and accepted or not accepted. He felt that if the citizens of Chula Vista wished to review the Charter, freeholders should be elected directly from the people, go through the entire Charter, and put those changes directly to the people. Clarence Knight Mr. Knight discussed the traffic congestion at 117 Jefferson the Post Office stating that the wall at Kearney Chula Vista Street was designed to be taken out if it was found necessary. To disperse traffic, one can go out Kearney, go out Garrett, continue onto Glover, go out Glover out to "J", east or west, or continue on to Fourth and go either north or south. Mabel Williams Mrs. Williams presented a petition containing 276 Whitney 20 signatures protesting to the proposed ad- Chula Vista dition of any more dwelling units on the prop- erty described as 274 Whitney Street "for reasons of detriment to health and safety and environmental pollution which these apartment units would generate." City Council Meeting 3 December 11, 1973 Following discussion, Mayor Hamilton remarked that this matter would be taken under advise- ment, and forwarded to Mr. Greg Smith, Citizens Assistance Officer. Wilfred Johnson Mr. Johnson commented on items 19 and 20 on 555 Naples the agenda (public improvements in E1 Rancho Chula Vista del Rey Units 1 and 2). He stated he is repre- senting Larwin-San Diego and it was their under- standing that the grading improvements would not have been a part of these two resolutions. He stated there were deficiencies in the grad- ing and asked for a continuance of the grading portion only of these two resolutions. Motion to continue items It was moved by Councilman Egdahl and seconded by Councilman Scott that items 19 and 20 on the City Council agenda be held over for one week. (Item 19: Resolution - Accepting public improvements in E1 Rancho del Rey Unit ~1 Subdivision. Item 20: Resolution - Accepting public improvements in E1 Rancho del Rey Unit #2 Subdivision.) Carmen Pasquale Mr. Pasquale declared that items 19 and 20 have Executive Vice-President nothing to do with what the gentleman is dis- E1 Rancho del Rey cussing. They have bonds for grading and land- scaping which are separate from the subdivision. Mr. Pasquale stated that his attorney pointed this out to Larwin-San Diego's attorney today and was told they would make no objections. Motion withdrawn Councilman Scott withdrew his second; there- fore, there was no motion on the floor. Dennis Marmon Mr. Marmon stated that they have a signed con- Mission Cable TV tract with the developers of the Candlewood 2130 Saipan Drive Subdivision adjacent to the E1 Rancho del Rey San Diego Subdivision, for which they are to install conduits for cable TV. They were informed late yesterday afternoon that trenches were open and they must be in the trenches by the end of this week or not get in them at all. If they install the conduits, at this time, in this subdivision, they cannot be assured that they will be able to provide the service, be- cause this area is isolated from where their system will be by the E1 Rancho del Rey Sub- division. At one time, the Council granted an encroachment permit to another company to install conduits in that location. Mr. Marmon submitted a letter in which he evaluated the conduit installations in the E1 Rancho del Rey area, labeling it as "extremely poor." Council discussion Discussion ensued as to the encroachment per- mit issued, the workmanship involved, and the rights of Mission Cable TV. Mr. Cole, Director of Public Works, noted that the other company, Video Cable TV, was now defunct; however, an, other company is being formed. City Council Meeting 4 December 11, 1973 City Attorney's opinion Mr. Lindberg stated that Mission Cable TV has no option but to go ahead and put the cable in - that is the obligation under their fran- chise. The City will do all in its power to straighten out the problem as it exists in regard to the E1 Rancho subdivision where an encroachment permit was granted. Referred to staff It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the staff, through Mr. Thomson's office and Mr. Lindberg's office, solve this problem through the negotiations they feel can take place. A resolution to be brought back. Amendment to motion It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that negotiations begin for Mission Cable TV to take over the encroachment rights of Video Cable TV and/or its successors. Item 11 moved up on agenda It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that item 11 be moved up on the agenda at this time. REQUEST OF CHARTER REVIEW Mr. John Kingston, Chairman, 535 "H" Street, CONg4ITTEE FOR ALTERNATIVE Chula Vista, indicated that the Committee ALLOWING BALLOT PROPOSITIONS wants to discuss certain items with the Council TO BE ADOPTED WITHOUT EDITING that would go beyond the time they could spend BY THE GOVERNING BODY OF THE on them tonight. Mr. Kingston asked for a CITY joint meeting with the Council as soon as con- venient. Meeting scheduled It was moved by Mayor Hamilton and seconded by Councilman Scott that a joint meeting be sched- uled for Thursday, December 20, to meet with the members of the Charter Review Committee and interested citizens. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Scott, Hobel Noes: Councilman Egdahl Absent: None RECESS A recess was called at 8:30 p.m, and the meet- ing reconvened at 8:44 p.m. Items 19 and 20 Mayor Hamilton announced that Mr. Johnson, Improvements in E1 Rancho Larwin-San Diego, has informed him that he now del Rey Units 1 and 2 understands this situation and wishes to have these two items remain on the Consent Calendar. PUBLIC HEARING (CONTINUED)- On November 13, 1973, Council opened the public CONSIDERITION OF A GENERAL hearing on the Bayfront General Plan amend- PLAN AMENDMENT FOR THE BAY- ment, took testimony and continued the item to FRONT AREA TO CHANGE DESIGNATED the meeting of December 11~ 1973, to allow time LAND USE FROM GENERAL INDUS- for Santa Fe Land Company to present an alter- TRIAL TO COMMERCIAL RECREATION native plan for their property. AND RELATED USES City Council Meeting $ December 11, 1973 The City Manager commented that the railroad proposal was received late Thursday and the staff has not had a chance to adequately re- view it, and asked that a continuance be granted. He also felt that it would be appropriate to have a reaction from the Port District on the railroad plan. Motion for continuance It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the public hearings on this matter be continued to the meeting of January 8, 1974. Robert Haupli, Manager In answer to Council's inquiry, Mr. Haupli Real Estate and Industrial stated that they have not forwarded copies of Development their report to the Port Commissioners. They Santa Fe Railroad intend to do this tomorrow. RESOLUTION AMENDING THE (Continued to January 8, 1974.) GENERAL PLAN OF THE CITY OF CHULA VISTA FOR MISCELLANEOUS PROPERTIES IN THE CHULA VISTA BAYFRONT AREA PUBLIC HEARING (CONTINUED) - (Continued to January g, 1974.) CONSIDERATION OF CHANGE OF ZONE FOR VARIOUS PROPERTIES IN BAYFRONT AREA FROM "I" TO P-C, R-3-H-P, I-P, T-P AND C-V-P ORDINANCE AMENDING ZONING (Continued to January 8, 1974.) MAP OR MAPS ESTABLISHED BY SECTION 33.401 OF THE CHULA VISTA CITY CODE, REZONING THAT CERTAIN PROPERTY LOCATED IN BAYFRONT AREA FROM I TO P-C, R-3-H-P, T-P AND C-V-P - FIRST READING REPORT ON REGULAR COUNCIL City Manager Thomson reported that no public MEETINGS DURING HOLIDAY hearings have been scheduled for the dates of SEASON December 26 and January 2, and would therefore recommend that no meetings be scheduled for these two days. Recommendations accepted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the recommendations of the City Manager be accepted. REQUEST TO MOVE SINGLE- Bay Cities Ambulance requested permission to FAMILY DWELLING FROM move an existing residential structure from 537 "H" STREET TO REAR OF 537 "W' Street to 642 Third Avenue, the site LOT AT 642 THIRD AVENUE of their ambulance service. The Planning Commission found that the proposed one-story single-family structure would be compatible with the existing structure on the site and with other residential structures in the area. Building and Housing Inspection has prepared a list of conditions for upgrading the struc- ture to meet the Building Code. City Council Meeting 6 December 11, 1973 Request approved In answer to the Council's query, Mr. Clay Gingerich, Assistant Director of Building and Housing, explained that there will now be two structures on the premises. A conditional use permit has been granted by the Planning Commis- sion for this use. It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that permission be given to move the single-family dwelling from 537 "H" Street to the rear of the lot at 642 Third Avenue. REPORT ON CONTROL OF TWO- Director of Planning Peterson reported on the STORY ADDITIONS TO RESIDENTIAL request made by the residents of Southwestern STRUCTURES IN THE R-1 ZONE College Estates area regarding the possibility of prohibiting second story additions to the existing homes because their views are being obstructed and their privacy invaded by such additions. Mr. Peterson stated that the Zoning Ordinance allows 2-1/2 story constructions; however, if there is bread support for such height limita- tions througheut an area, the "S" Story Mod- ifying District can be applied. Report accepted It was moved by Councilman Egdahl and seconded by Councilman Hyde that the report be accepted. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: Councilman Scott Absent: None REPORT ON STUDY OF Planning Director Peterson reported that his OPTIMUM CITY SIZE staff researched numerous publications and consulted five organizations in urban studies regarding this study. The research revealed that there was no consensus among the authors as to an optimum city size. They stated that a city size should be viewed with caution be- cause technological changes, changes in the availability of natural resources or a change in the demand for services could render them obsolete. The conclusions reached were that an optimum city size could not be defined in terms of population size or geographic area; there are as many ideas to an optimum size as there are families in the community; the "quality of life" perceived as ideal by Chula Vista resi- dents may not be attainable because of uncon- trolled elements, such as smog, traffic, etc. In a written report, City Manager Thomson noted several additional aspects associated with this question and recommended acceptance of the report. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. City Council Meeting 7 December 11, 1973 REPORT ON RESULTS OF BUS City Clerk Fulasz submitted the two winning COLORING CONTEST entries. She explained that the blue colored bus with the orange contrasting color sub- mitted by Wendy Slijk was chosen as the number one entry based on the fact that the existing City buses have blue interiors (seats and car- peting) and therefore it was advisable to go with the blue coloring. For any future buses purchased for City use, the Council has the option to order any other color interior; therefore, the Committee chose the burnt sienna and yellow color scheme submitted by Bill Rezin as second choice. The Committee asked that final detailed coloring be sent back to the Committee before the actual painting of the buses. Small buses Councilman Scott asked about buying smaller~ type buses as previously discussed by the Council. He asked for a status report on this. City Manager Thomson said he would give the Council a report on this at the next meeting. Motion for recommendation It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the staff be directed to come back with a recommendation a5 to the size of the buses to be purchased for the City. Committee report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried to accept the recommendations of the Committee. REPORT ON NORMAN PARK Director of Public Works Cole stated that a CENTER PARKING STUDY study was made of the parking situation in this area. The study showed that there are a total of 349 parking stalls within two short City blocks of Norman Park Center, In the immediate vicinity, an average of 42 out of 85 meters are being used, and at peak hours, at least 24 parking meters are always available. Mr. Cole added that there is adequate parking within easy walking distance of the Center. Report accepted It was moved by Councilman Hobel and seconded by Councilman Egdahl that the report be accepted. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None RECO~ENDATIONS CONCERNING The Parking Place Commission recommended ac- THE ACQUISITION OF PROPERTY quisition of the area at 313 and 315 Del Mar (OUTSIDE PARKING DISTRICT Avenue to be used for off-street parking for BOUNDARIES) TO BE USED FOR the Norman Park Center; that acquisition of OFF-STREET PARKING FOR THE the site be paid for from parking meter rev- NORMAN PARK CENTER enues; and that the City cooperate with some "non-interest financing." City Council Meeting 8 December 11, 1973 City Manager Thomson asked that the site be appraised prior to considering any financial implications. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that staff be directed to proceed with the appraisal on these properties. REPORT ON FOUR-WAY STOP SIGN In a report to the Council, Director of ON CORNER OF SECOND AVENUE Public Works Cole stated that a study con- AND QUINTARD STREET ducted of this intersection revealed that it did not meet minimum requirements of warrants established for a four-way stop installation. This was discussed at a Safety Commission meeting attended by residents of the area and school representatives. The Safety Commission recommended denial of the four-way stop sign. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. REQUEST FOR APPROPRIATION The Commission requested that the sum of ~25 OF FUNDS TO COVER REGISTRA- be allocated to cover the registration fee TION FEE FOR UNITED STATES/ for one Commissioner to attend the Conference MEXICO SISTER CITIES ASSOCIATION which will be held in Thousand Oaks on CONFERENCE January 26 - 27, 1973. Approval of transfer of funds It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be denied and the City Manager be directed to approve a transfer of funds from the Boards and Commissions control ac- counts for this expenditure. REQUEST FOR ALLOCATION OF City Manager Thomson reported that of the FUNDS TO ACQUIRE SITES FOR three parcels recommended for purchase by the PUBLIC PARKING LOTS IN THE Parking Place Commission, only one parcel THIRD AVENUE BUSINESS AREA owner, Mr. William Eckhart, has indicated willingness to sell. The appraisal on his property was $39,000 and Mr. Eckhart is ask- ing for $40,000. For tax purposes, Mr. Eckhart asked that the City offer a threat of condem- nation to his property (282 Del Mar Avenue) prior to its sale to the City by January 2, 1974. City Manager Thomson recommended that the $40,000 come from Revenue Sharing funds for the purchase of this property. The resolution to this effect is on the "Con- sent Calendar." Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that funds be appropriated to acquire sites for public parking lots in the Third Avenue business area. City Council Meeting 9 December 11, 1973 Discussion of motion Discussion followed as to using Revenue Sharing monies, the Environmental Protection Agency regulations and having a master plan for the entire business district. City Attorney Lindberg explained that parking meter funds are earmarked to retire the exist- ing loan to the City to avoid any possibility of an ad valorem assessment against the prop- erty owners in that area. These funds cannot be used to purchase sites without amending the ordinance relative to the Parking District. CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7106 - On May 22, 1973, the City Council approved ESTABLISHING THE REQUIRED Resolution No. 6869 for the Crime Specific BUDGETARY ACCOUNTS FOR THE Burglary Grant. This grant becomes effective CRIME SPECIFIC BURGLARY from October 1, 1973 through September 30, GRANT PROPOSAL NO. 1474 1974. It is now necessary to establish the required trust fund and budget accounts nec- essary to meet recommended accounting procedures. RESOLUTION NO. 7107 - The public improvements agreed to be installed APPROVING AMENDED AGREEMENT by California General, Inc. coincidental with FOR THE DEFERRAL OF PUBLIC the completion of Interstate 5 are not needed IMPROVEMENTS BETWEEN THE at the present time. The Director of Public CITY OF CHULA VISTA AND Works recommended that the deferral be con- CALIFORNIA GENERAL, INC. tinued until such time as the need is determined. RESOLUTION NO. 7108 - On October 10, 1973, the Planning Commission AUTHORIZING THE DEFERRAL OF granted a deferral of public improvements rel- THE INSTALLATION OF CERTAIN ative to the frontage of the 24-foot-wide ac- PUBLIC IMPROVEMENTS ON THE cess easement at 623 Telegraph Canyon Road in PROPERTY OWNED BY CHULA conjunction with an application for a building VISTA ALLIANCE CHURCH permit for a new church. The action was con- LOCATED AT 623 TELEGRAPH ditioned upon posting of a performance guaran- CANYON ROAD tee in the amount of $15,000. The property owners have chosen to execute a lien agreement to serve as a performance guarantee. RESOLUTION NO. 7109 - The developers of Rancho Robinhood Subdivision ACCEPTING CERTAIN REAL have executed grant deeds for Lots A and B PROPERTY IN SAID CITY which are required to provide for the future DESIGNATED AS ONE FOOT CONTROL extension of the street and to control develop- LOTS A AND B IN RANCHO ROBIN- ment of adjacent property. HOOD SUBDIVISION FOR THE FUTURE EXTENSION OF THE STREET AND IN ORDER TO CONTROL DEVELOP- MENT OF ADJACENT PROPERTY RESOLUTION NO. 7110 - One of the conditions of the subdivision agree- APPROVING AND GRANTING ment for Candlewood Subdivision is the instal- EASEMENT TO SAN DIEGO GAS lation of a sewer lift station on Lot 126 which & ELECTRIC COMPANY FOR is now a City-owned lot. A transformer pad is ELECTRICAL PURPOSES required to furnish electric service to the City Council Meeting 10 December 11, 1973 sewer lift station. San Diego Gas & Electric Company has granted the easement for the in- stallation of this pad. RESOLUTION NO. 7111 - The subdivision, consisting of 244 lots, is APPROVING AND ACCEPTING located between East "H" Street and Telegraph PUBLIC IMPROVEMENTS IN THAT Canyon Road on Buena Vista Way. The improve- CERTAIN SUBDIVISION KNOWN AND ments have been completed in accordance to DESIGNATED AS EL RANCHO DEL the original agreement dated August 8, 1972, REY [INIT NO. 1 SUBDIVISION and to the satisfaction of the Public Works Director. Acceptance of the public improvements includes acceptance of public park improvements, in- cluding landscaping, irrigation, drainage and bike paths. RESOLUTION NO. 7112 - The subdivision, consisting of 180 lots, is APPROVING AND ACCEPTING PUBLIC located on East "H" Street and Buena Vista Way. IMPROVEMENTS IN THAT CERTAIN The improvements have been completed in ac- SUBDIVISION KNOWN AND DES- cordance with the original agreement dated IGNATED AS EL RANCHO DEL REY July 28, 1973, and to the satisfaction of the UNIT NO. 2 SUBDIVISION Director of Public Works. RESOLUTION NO. 7113 - Mr. Albert Gersten, original owner and devel- APPROVING AGREEMENT BETWEEN oper of the subdivision, is bonded for public THE CITY OF CHULA VISTA AND improvements along East "H" Street. These LARWIN-SAN DIEGO, INC., FOR improvements have been constructed in accor- THE COMPLETION OF PERMANENT dance with improvement drawing 72-126D. The IMPROVEMENTS IN EAST "H" new owner, Larwin-gan Diego, Inc., wants to STREET WEST OF OTAY LAKES install a temporary left-turn pocket on East ROAD "H" Street to facilitate public access into their model home site. In order to insure that East "H" Street will be reconstructed in accordance with drawing 72-126D upon sale of the models, Larwin-San Diego, Inc., was required to execute an agreement providing for the completion of permanent improvements in East "H" Street. RESOLUTION NO. 7114 - Comprehensive Planning Organization has de- APPROVING REVISED AMENDMENT termined that the Joint Powers Agreement should NO. 1 TO THE JOINT POWERS be amended to clearly indicate that the pay- AGREEMENT BETWEEN THE CITY ment of out-of-pocket expenses to the directors OF CHULA VISTA AND THE of the organization should not be made where COMPREHENSIVE PLANNING it is prohibited by charter of a member agency. ORGANIZATION In addition, clarification is made so that the rate is no greater than $25 per meeting. RESOLUTION NO. 7115 - In October, the City Council reapproved the REAPPROVING MAP OF BONITA final subdivision map of this subdivision VIEW TERRACE SUBDIVISION, because of the inability of the developer to ACCEPTING ON BEHALF OF THE acquire necessary financing. The developer PUBLIC THE PUBLIC STREETS is once again requesting reapproval of the DEDICATED ON SAID MAP, AND map in accordance with the provisions of the ACCEPTING ON BEHALF OF THE Code based upon the difficulty of acquiring CITY OF CHULA VISTA THE EASE- financing in the current money market. MENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION City Council Meeting 11 December 11, 1973 RESOLUTION NO. 7116 - Negotiations have been undertaken regarding AUTHORIZING AND DIRECTING acquisition of certain properties as additional THE FILING AND PROSECUTION OF parking lots in the Chula Vista Parking Dis- LEGAL ACTION TO CONDE~ trict. City Attorney Lindberg requested autho- CERTAIN LANDS FOR PARKING rization to proceed with condemnation action AND/OR TRANSPORTATION STORAGE in regard to one of the lots. FACILITY PURPOSES ON BEHALF OF THE CITY OF CHULA VISTA RESOLUTION NO. 7117 - Resolution No. 7009, adopted September 4, RESCINDING RESOLUTION NO. 1973, accepting the grant of easement from 7009 ACCEPTING THE GRANT OF the Roarks for road and utility purposes was EASEMENT FROM MICHAEL J. AND designed to accept the grant of an easement MARGARET L. ROARK AND JOHN to the City. However, the grant deed names A. AND ANNA E. ROARK FOR as the grantee the future owners, heirs and ROAD AND UTILITY PURPOSES, assigns of the parcel involved. The resolu- AND DIRECTING THE CITY CLERK tion should be rescinded in order that the TO RECORD SAID RESOLUTION IN matter of the easement may be properly THE SAN DIEGO COUNTY undertaken. RECORDER'S OFFICE (End of Consent Calendar~ RESOLUTION NO. 7118 - This subdivision, consisting of 14 lots on APPROVING THE TENTATIVE 4.54 acres of land, is located in the County MAP OF ^ SUBDIVISION TO BE of San Diego at the end of Loma Lane, south KNOWN AS DEERPARK CHULA of Orange Avenue. The property has been pre- VISTA zoned to R-1 by the City. Director of Planning Peterson submitted the tentative map stating that the Planning Com- mission recommended approval subject to cer- tain conditions. 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 ORDINANCE AMENDING The amendment has been prepared complying SECTION 10.101, ARTICLE 1, with the recent opinion of the Attorney General OF CHAPTER 10 OF THE which allows licensed falconers to acquire a CHUI~ VISTA CITY CODE qualified ownership for the practice of fal- RELATING TO THE KEEPING conry provided that such person comply with OF HAWKS AND FALCONS - the rules and regulations of the Fish and Game FIRST READING Commission. A second amendment allows keeping of certain animals (such as goats) by school children for educational purposes. Motion for continuance It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this ordinance be held over and more specific definitions be included. Councilman Scott felt the ordinance, as written, was vague and needed more specifics as to the number of animals that can be kept, a time period for keeping the animals, and who can keep the animals. (The City Attorney indicated it would be educational institutions.) City Council Meeting 12 December 11, 1973 Motion amended It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried to request the educational institutions to re- quest a permit from the City Council as to the number and kind of animals they can keep, along with the time element. ORDINANCE NO. 1S10 - Recent experience in litigation concerning AMENDING SUBSECTION 1 OF claims against the City in connection with SECTION 27.214, SECTION property damage and/or bodily injury arising 27.308 AND SECTION 27.411 from the operations of permittees working OF THE CHULA VISTA CITY within public rights-of-way indicates that the CODE, RELATING TO LIABILITY existing limits of insurance are too low to INSURANCE COVERAGE ON WORK adequately protect the City in the event that IN THE PUBLIC RIGHTS-OF-WAY such claims are upheld. This amendment will result in the provision of reasonable protec- tion to the City under present day financial circumstances. Ordinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on first reading and that reading of 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 ORDINANCE NO. 1511 - This ordinance is (1) designed to place pro- AMENDING ARTICLE 4, CHAPTER spective purchasers of lots created by a parcel 28 OF THE CHULA VISTA CITY map on notice that there is at the present time CODE BY ADDING THERETO A NEW no means provided for either access by road or SECTION 28.410 RELATING TO service by utilities, and (2) the ordinance is EASEMENTS SHOWN ON PARCEL additionally designed to provide a means by MAPS TO BE GRANTED AT SOME which a purchaser of a lot can enforce as FUTURE TIME against the creator of a legal parcel his right to either road useage or utility services. Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on first reading and that 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 REPORT ON PROPOSED CON- A public hearing was held on this matter on STRUCTION OF EAST "H" STREET November 27. The hearing was closed and staff IN THE CITY OF CHULA VISTA/ was directed to bring back alternates based COUNTY OF SAN DIEGO FROM on testimony given at the hearing and Council HILLTOP DRIVE TO THE 1-805 suggestions. FREEWAY Director of Public Works Cole discussed the following alternates: City Council Meeting 13 December 11, 1973 1. Fifty-two foot curb configurations from Hilltop Drive easterly to a transition with Interstate 805 - north entrance of Claire Avenue closed. 2. Provide for left-turn pocket at Hilltop Drive. Sixty-four foot curb to curb transi- tions to 52' for City portion and provides for 64' from Claire to Interstate 805 - north entrance of Claire closed. 3. Sixty-four foot curb to curb from Hilltop Drive to Interstate 805 with north entrance of Claire closed. Slide presentation Mr. Ken Goldkamp, Senior Civil Engineer, pre- sented slides of the area in question. Olu Sawyerr Mr. Sawyerr noted the number of vehicles tra- Traffic Engineer versing Claire Avenue to the south and closing Claire would necessitate providing an alter- nate route for that traffic. The alternate routes are circuitous and the additional travel would amount to 3,000 miles a day. The advantage of closing Claire Avenue would be reducing the interference to East "H" Street traffic. The disadvantages would be encourag- ing high speeds on "H" Street which would have a negative impact on the properties fronting on "H" Street, increasing the potential of traffic accidents. Council discussion Discussion followed in which the Council dis- cussed the three alternates, the amount of landscaping to be provided, the Canary Island pine tree as the tree proposed for this street, closing and not closing Claire Avenue, the cost of providing an overpass at Claire Avenue, and the feasibility of providing signalization at the Claire Avenue intersection. Ron Pekarek Mr. Pekarek stated that he checked with the Landscape Consultant Department of Transportation and the landscap- - ing is not done for this "H" Street inter- change; therefore whatever the City decides to do in terms of landscaping on this street can be reflected in the interchange design. The theme tree (Canary Island pine) will be picked up and put into the interchange. Mr. Pekarek stated that there is no way in which any of the plans shown tonight would be any better than the next one in terms of land- scaping. The primary element is the trees and they will give the area a parkway feeling. Continuity can be achieved through the paving designs that would be used on the sidewalks. In answer to the Mayor's questions, Mr. Pekarek explained that the trees would be planted at SO' intervals and where there are inconsistencies (backs of people's fencing, walls, etc.) a shrub screen or vine screen would be suggested so as to achieve the con- tinuity. City Council Meeting 14 December 11, 1973 Motion to accept Case 3 It was moved by Councilman Hyde and seconded by Councilman Egdahl to accept Case 3 leaving both sides of Claire Avenue open and including a stop light at the intersection of Claire and "H" Street. Clarification of motion Councilman Egdahl stated this would be two lanes of traffic east, two lanes west, parking for emergency vehicles, landscaping and side- walks on the south side only. Discussion of motion Council discussion ensued as to accepting Case 3 and the merits of closing Claire Avenue. Motion withdrawn Councilman Hyde withdrew his motion; Council- man Egdahl withdrew his second. RECESS A recess was called at 10:45 p.m. and the meeting reeonvened at 10:55 p.m. Motion to accept Case 2 It was moved by Councilman Scott to accept Case 2 with Claire Avenue closed both north and south. No second to motion The motion died for lack of second. Motion to accept Case 1 It was moved by Councilman Hobel and seconded by Councilman Scott to accept Case 1 closing Claire Avenue and modifying it to 64' at Hilltop and "H" Street. Motion fails The motion failed by the following vote, to- wit: Ayes: Councilmen Hobel, Scott NOES: Councilmen Hamilton, Hyde, Egdahl Absent: None Motion for Case 3 It was moved by Councilman Hyde to accept Case 3 with a stop light at "H" Street and Claire Avenue. No second to motion The motion died for lack of second. Motion for Case 3 It was moved by Mayor Hamilton and seconded by Councilman Egdahl 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, Scott Noes: Councilmen Hyde, Hobel Absent: None ORDINANCE NO. 1512 - In a report to the Council, Director of Plan- AMENDING SECTIONS 33.302 ning Peterson explained that the changes to AND 33.601A OF THE ZONING the "H" Hillside District ordinance, as di- ORDINANCE, CHAPTER 33, OF rected by the Council at the meeting of THE CHULA VISTA CITY CODE November 20 have been made. The only excep- RELATING TO THE HILLSIDE tion is the incorporation of an automatic MODIFYING DISTRICT - termination date. FIRST READING City Council Meeting 15 December 11, 1973 City Attorney Lindberg, in a statement to the Council, declared that it may not condition a zoning ordinance providing for automatic ter- mination of the force and effect of the ordi- nance. Ordinance placed on first It was moved by Councilman Hyde, with the reading provision that the ordinance be reviewed bi- annually at a public hearing, that this ordi- nance be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None REPORT ON MONOLITHIC Councilman Scott noted that it has been five SIDEWALKS or six years now since monolithic sidewalks have been installed as a policy of the City. Motion for agenda item It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that at some time in the future, as a brief agenda item, the monolithic sidewalks versus parkway and conventional sidewalks be put on a Council agenda. GARAGE CONVERSIONS It was moved by Councilman Scott and seconded by Councilman Hyde that at some time in the future the advisability of requiring carports when garages are converted be looked into. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Scott, Hobel, Hyde, Egdahl, Noes: Mayor Hamilton Absent: None SAN JUAN CONFERENCE Councilmen Scott, Hyde and Egdahl reported on the National League of Cities Conference held in San Juan, Puerto Rico. EXECUTIVE SESSION It was moved by Councilman Hyde and seconded by Councilman Egdahl that an Executive Ses- sion be called for personnel reasons - appoint- ments to Boards and Commissions. Substitute motion It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Executive Session be called for 7:00 p.m. on Thursday, December 20, 1973, to make the appointments and the Charter Review Committee joint meeting be scheduled for 7:50 p.m. City Council Meeting 16 December 11, 1973 WRITTEN COMMUNICATIONS Request from Chula Vista Chamber The Chamber requested that the building in of Commerce for funds to upgrade Memorial Park next to the shuffleboard court the building in Memorial Park be upgraded in keeping with the image of the other City-owned buildings throughout the City. To be considered at budget time It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that this matter be considered at budget re- view time by the City Manager's office. Verified claim for damages - Mr. Putnam filed a verified claim for damages Virgil W. Putnam in the amount of $385 claiming that on 382 First Avenue December 1, 1973, raw sewage from a stopped- Chula Vista up City sewer backed up into his home and damaged furniture, clothing and floors. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Opinion of City Attorney Mr. Lindberg stated it would be his recommen- dation that rather than having the insurance adjuster evaluate the claims that are below the City's deductible, that the City itself make that judgment. Request from Chula Vista Elks The Elks Lodge requested permission to hold Lodge No. 2011 for permission its "200 Minus 2" Parade which would lead into to hold parade the Bi-Centennial Celebration. The date of the parade would be July 4, 1974, and take place on Third Avenue from "K" to "E" Streets. Permission granted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the request be granted contingent on staff's conditions. ADJOURNMENT The Mayor adjourned the meeting at 11:37 p.m. to the meeting scheduled for Thursday, December 13, 1973 at 7:00 p.m. City Clerk