Loading...
HomeMy WebLinkAboutcc min 1973/11/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 6, 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, City Librarian Levine, Legal Intern Beam 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 October 30, 1973, be approved, copies having been sent to each Councilman. PROCLAMATION - Mayor Hamilton presented the proclamation de- FORGET-ME-NOT DAYS claring the days of November 9 through 11, 1973, as "Forget-Me-Not Days" in the City of Chula Vista. OATH OF OFFICE TO City Clerk Fulasz administered the oath of NEW COb~qlSSIONERS office to the following new commissioners: Fran Walker - Civil Service Commission Lon Zanetta - Youth Commission Lisa Lassman - Youth Commission Joanne Sharpe - Youth Commission ORAL CO~qUNICATIONS There were no Oral Communications. PUBLIC HEARING - CONSIDERATION Pacific Telephone Company requested prezoning OF PREZONING 5.2 ACRES ON SOUTH to I-L (Limited Industrial) for the 5.2 acre SIDE OF OTAY VALLEY ROAD, parcel which they have petitioned to annex to APPROXIMATELY 600 FEET EAST the City of Chula Vista. This annexation was OF 1-805, TO I-L considered and approved by the Planning Com- mission on February 21, 1973, and by the Local Agency Formation Commission on June 4, 1973. Mayor Hamilton stated that the Council will consider both public hearings (prezoning and revision to the General Plan) at the same time. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. City Council Meeting 2 November 6, 1973 ORDINANCE NO. 1508 - It was moved by Councilman Egdahl that this AMENDING THE ZONING MAP OR ordinance be placed on first reading and that MAPS ESTABLISHED BY SECTION reading of the text be waived by unanimous 33.401 OF THE CHULA VISTA consent. CITY CODE, PREZONING 5.2 ACRES ON SOUTH SIDE OF OTAY VALLEY The motion carried by the following vote, ROAD, APPROXIMATELY 600 FEET to-wit EAST OF 1-805 TO I-L (LIMITED AYES: Councilmen Egdahl, Scott, Hobel, INDUSTRIAL) - FIRST READING Hamilton, Hyde Noes: None Absent None RESOLUTION NO. 7069 - The Pacific Telephone and Telegraph Company GIVING NOTICE OF THE PROPOSED requested annexation of 5.2 acres located east ANNEXATION TO SAID CITY OF of 1-805 and south of Otay Valley Road in order CERTAIN UNINHABITED TERRITORY, to receive City services. The Planning Com- KNOWN AND DESIGNATED AS mission recommended approval of the annexation PACIFIC TELEPHONE AND on February 21, 1973, and the Local Agency TELEGRAPH COMPANY ANNEXATION Formation Commission approved the annexation on June 4, 1973. The public hearing date is set for December 18, 1975. 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 PUBLIC HEARING - CONSIDERATION The Planning Department initiated an amend- OF REVISION OF THE GENERAL ment to change the General Plan designation PLAN FOR APPROXIMATELY 21.75 for 21.75 acres of property. The annexation ACRES ON SOUTH SIDE OF OTAY of a 5.2 acre parcel (Pacific Telephone and VALLEY ROAD EAST OF 1-805, Telegraph Company) was considered and approved FROM AGRICULTURE AND RESERVE by the Planning Commission and Local Agency TO REASEARCH AND LIMITED Formation Commission. INDUSTRIAL Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7070 - Offered by Councilman Scott, the reading of AMENDING THE GENERAL PLAN the text was waived by unanimous consent, FOR THE CITY OF CHULA VISTA passed and adopted by the following vote, FOR APPROXIMATELY 21.75 to-wit: ACRES ON THE SOUTH SIDE OF AYES: Councilmen Scott, Hobel, Hamilton, OTAY VALLEY ROAD EXTENDING Hyde, Egdahl APPROXIMATELY 990 FEET EAST Noes: None FROM THE 1-805 RIGHT-OF-WAY Absent: None City Council Meeting 3 November 6, 1973 PUBLIC HEARING - Director of Planning Peterson discussed the CONSIDERATION OF AMENDMENT proposed amendments which covered increasing TO ZONING ORDINANCE RELATING the parking from one and a half to two spaces TO MOBILE HOME PARKS AND per unit; defining certain principles relating ADOPTION OF DEVELOPMENT to design, topography, commercial services, POLICY FOR MOBILE HOME PARKS traffic patterns; development standards for all aspects of mobilehome developments; and procedure for filing. Questions concerning Policy Councilman Hyde questioned the dimensions of the common open space for large and small parks, the maximum densities, and the common storage Legality of the Policy Manual A general discussion followed in which the Council questioned the legality of having developmental policies which "bordered on City Attorney Lindberg stated that as long as the Policy is adopted along with the ordinance, in accordance with a public hearing, and all parties have had an opportunity to make com- ments, there is no legal problem in handling it this way. Mr. Peterson commented on the advantages of adopting a Policy along with the ordinance. He said the answer was "flexibility;" in an ordinance, an applicant is "locked-in" and would need to apply for a variance for any departure from the Policy. In answer to Councilman Scott's query, Mr. Peterson remarked that he felt the Policy was not largely one of benefit to the staff but rather to the developer. Statements in Policy Councilman Scott indicated that the Policy could be accepted if it had general goals or objectives but the Policies that have been presented to the Council (Planned Unit De- velopment, Hillside Development and Mobilehome) contain very specific statements. He added that this does not indicate flexibility, but rather, specific statements which should be in an ordinance. Field trip suggested Councilman Hyde suggested a field trip to visit the various mobilehome developments in the City. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Chet Powers, Alternate Director Mr. Powers stated that his organization repre- Golden State Mobilehome Owners sents 79 chapters in the San Diego County area League, Inc., Region #7 with over 100,000 members. He remarked that 1500 Third Avenue, Space 35 he has not seen this document and felt that they (the consumer) should be able to con- tribute some input into it. Mr. Powers asked for a continuance of this item so that he could have time to examine the ordinance. City Council Meeting 4 November 6, 1973 ORDINANCE - AMENDING It was moved by Councilman Hobel, seconded by SECTIONS 33.535, 33.801 AND Councilman Hyde and unanimously carried that 33.901 OF THE ZONING ORDINANCE, the public hearing be continued for two weeks CHAPTER 33, OF THE CHULA VISTA (meeting of November 20) during which time CITY CODE RELATING TO MOBILE Mr. Powers is to be given a copy of the docu- HOME PARKS - FIRST READING ment in order that he can review and comment on it. RESOLUTION - ADOPTING A DEVELOPMENT POLICY FOR MOBILE HOME PARKS Field trip Councilman Hyde asked that a field trip be planned of the various parks in the City, in order that a comparison can be made of the standards delineated in the proposal with those of the existing parks. Position on Policy Ceuneilman Scott suggested the Council take some position on the Policies attached to the ordinances. The Director of Planning has definite feelings on this procedure, and, Councilman Scott added, the Council should give him some guidance before it becomes too far involved. Motion for Conference It was moved by Councilman Scott and seconded by Mayor Hamilton that this item be placed on the next Council Conference. Discussion of motion Councilman Egdahl stated he would not be able to attend a Conference scheduled for any Wednesday or Thursday evening and asked that the matter be placed on a regular Council meet- ing for discussion. Motion amended Councilman Scott amended his motion to state that the item be placed on a Council meeting for discussion by the Council. Mayor Hamilton agreed to the second and the motion carried unanimously, RECO~qENDATION FOR CHANGE The Environmental Control Commission recom- IN ENVIRONMENTAL IMPACT mended that the Council draft a request to REPORT PROCEDURE RELATIVE TO the appropriate bodies pressing them to change REGIONAL CONTROLLED GROWTH the Environmental Impact Report procedure to allow maintenance of control needed to provide effectively for controlled growth within this region. Discussion of request The Council questioned who would be the "appropriate bodies." Referred back to Commission It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this item be referred back to the Commission for more detail: more specifics, what action do they want, to what bodies are the Council to address this matter, what solutions are they looking for. City Council Meeting 5 November 6, 1973 STATEMENT OF ENVIRON~NTAL The ECC, at its meeting of September 27, 1973, CONTROL COMMISSION'S POSITION clarified its position on the Environmental IN REGARD TO ENVIRONMENTAL Impact Report procedure stating that (1) the IMPACT REPORT PROCESS ECC's input into the process should be pro- vided at the point of greatest relevance; and (2) the ECC established a calendar which places the responsibility for review of EIR's generated within a given month with a specific member of the Commission. Report and recommendations It was moved by Councilman Hyde, seconded by accepted Councilman Scott and unanimously carried that the report and recommendations be accepted. CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7071 - The Traffic Engineer has completed a study APPROVING STREET NAME CHANGE regarding changing the names of these streets DESIGNATING THE ENTRANCES TO and has recommended that the streets be re- WHITNEY-MANKATO CIRCLE AND named Whitney-Mankato Street and Alpine-Minor ALPINE-MINOT CIRCLE AS Avenue respectively. WHITNEY-MANKATO STREET AND ALPINE-MINOT AVENUE RESPECTIVELY RESOLUTION NO. 7072 - On AugustlS, 1972, the City Council approved SETTING DATE OF PUBLIC HEARING a cooperative improvement agreement with the FOR THE CONSTRUCTION OF County of San Diego for the construction of EAST "H" STREET FROM HILLTOP East "H" Street from Hilltop Drive to the DRIVE TO 1-805 FREEWAY, GAS 1-805 Freeway. Resolution No. 6655 requires TAX PROJECT #126 that a public hearing be held prior to the widening of any street right-of-way in the City. It was recommended that the date of November 27, 1973, be set as the time fo~ a public hearing. RESOLUTION NO. 7073 - The State law has been amended changing AMENDING RESOLUTION NO. 5937 Veterans Day back to November 11, beginning ESTABLISHING HOLIDAYS FOR ALL in 1974. The Holiday Resolution has been EMPLOYEES AND A POLICY amended in this respect. REGARDING THESE HOLIDAYS RESOLUTION NO. 7075 - On October 9, 1973, the Council held a public SETTING A PUBLIC HEARING TO hearing on the proposed Hillside Modifying CONSIDER THE ADOPTION OF THE District Ordinance and Policy. At the time HILLSIDE MODIFYING DISTRICT the public hearing was closed, the Council ORDINANCE AND HILLSIDE continued this matter to October 30, 1973, DEVELOPMENT POLICY for discussion and action, at which time it was determined that additional testimony should be taken. Therefore, a new public hearing is being set for the purpose of tak- ing additional new testimony only - the sched- uled date is November 20, 1973. City Council Meeting 6 November 6, 1973 RESOLUTION NO. 7076 - On October 30, 1973~ the City Council directed ENDORSING THE PROPOSAL OF the City Attorney to prepare a resolution sup- LIEUTENANT GOVERNOR ED REINECKE porting Lt. Governor Reinecke's proposal for TO REVERT TO DAYLIGHT SAVING a return to Daylight Saving Time in order to TIME IN ORDER TO EFFECT FUEL conserve energy. AND ENERGY SAVINGS (End of Consent Calendar) RESOLUTION NO. 7074 - The City has received the amended contract AUTHORIZING THE TRANSFER OF from HUD for the Otay and Larkhaven park sites. FUNDS WITHIN PARKS AND This development must be completed in six RECREATION CONTROL ACCOUNTS months or by February 24, 1974. The unexpected early phase-out of the PEP program put the City in a difficult situation in regard to the Fed- eral contractual commitment. If an extension is requested and not granted by HUD, the City could not complete the required development of these parks unless authorization is granted by the Council for a transfer of $11,200 within the existing budgeted funds. 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 RESOLUTION NO. 7051 - Councilman Egdahl stated he is abstaining from GRANTING THE APPEAL OF discussion and voting on this matter due to DUNPHY CONSTRUCTION COMPANY a possible conflict of interest. FOR THE CONSTRUCTION OF A TRUCK TERMINAL - CONDITIONAL This item was continued from the meeting of USE PERMIT PCC-73-7 October 30, 1973, in order to provide for a modification of the conditions of approval. 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, Scott, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Egdahl ORDINANCE NO. 1509 - The ordinance amendment placed the operational AMENDING CHAPTER 21, ARTICLE 6, responsibility on the Fire Department as to SECTION 21.603 OF THE CHULA the removal of rubbish, weeds, vegetation and VISTA CITY CODE RELATING TO combustible materials. THE RESPONSIBILITY FOR REMOVING RUBBISH, WEEDS, VEGETATION OR OTHER MATERIALS FROM PRIVATE PROPERTY - FIRST READING Discussion Council discussion followed as to whose re- sponsibility this would be. City Council Meeting 7 November 6, 1973 City Manager Thomson indicated it can be done through contracting firms that do this sort of thing, or, depending on the situation, City forces could be used. Parkway area next to Councilman Hobe] questioned whose responsi- Kentucky Beef operation bility it is to clean up the area around the Kentucky Beef operation on "H" Street (across from Sears). City Attorney Lindberg stated it would be the responsibility of the property owner. He ex- plained that the proposed ordinance deals with major trash area - areas that could become fire hazards. Ordinance placed on first It was moved by Councilman Hobel 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 Nobel, Hamilton, Hyde Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1507 - This ordinance was placed on first reading at AMENDING ZONING MAP OR MAPS the meeting of October 30, 1973, after a public ESTABLISHED BY SECTION 33.401 hearing was held on the matter. REZONING THAT CERTAIN PROP- ERTY LOCATED NORTH OF OTAY LAKES ROAD, APPROXIMATELY ONE-HALF MILE WEST OF BONITA HIGH SCHOOL FROM R-E AND R-l-10 TO R-i-10-P - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on 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 HAYOR'S REPORT League of California Cities Mayor Hamilton announced that the next League Dinner Meeting dinner meeting will be held on November 15, 1973, with the City of Imperial Beach as the Host City. EPA Meeting Mayor Hamilton reported that the San Diego Chamber of Commerce will hold a meeting on November 19, 1973, 8:00 a.m. in the San Diego Gas and Electric Company auditorium, Second and Ash Street, regarding the Environmental City Council Meeting 8 November 6, 1973 Protection Agency. Congressmen Bob Wilson, Lionel Van Deerlin and Clair Burgener have been invited to speak. Motion to attend meeting It was moved by Mayor Hamilton and seconded by Councilman Hobel that the City Manager's and City Attorney's offices be represented and any member of the City Council that can possibly attend be there. Position to be taken Councilman Hobel inquired as to whether the Council should take a position on this matter. Motion amended Mayor Hamilton amended the motion to state that the staff is to bring back to the City Council a report and recommendations on a position the Council might take before these elected representatives. Discussion of motion Councilman Scott inquired as to the intent of the meeting. Mayor Hamilton explained the purpose of the meeting is to share feelings as to the impact EPA will have on the various cities, what the regulations are, who has the police power on this - the meeting is to gen- erally explore and make comments on that document. Craig Beam Mr. Beam reported that he has been in contact Legal Intern with the regional counsel for EPA in San Francisco over the past several weeks. He has tried to find out exactly what EPA is doing; however, nothing concrete has been determined. EPA has come out with some guidelines (the subject of the news stories) but, Mr. Beam added, he has not been able to get a copy of these guidelines. He will continue to try to get a copy, dissect it into a short form and present it to the Council for consideration prior to the November 19 meeting. Motion amended Mayor Hamilton amended his motion to state that the staff report to the Council be for information purposes only and not a recom- mendation for a Council position on this matter. Motion carried Councilman Hobel agreed to the second and the matter carried unanimously. Landscaping in Bayfront area Mayor Hamilton commented that he received a letter from the architects of Anthony's Restaurant (Bay Boulevard and "E" Street) indicating that all of the entrances into the Bayfront area have extensive landscaping, and they wondered as to how much of this is their responsibility and how much is the City's. Mr. Peterson, Director of Planning, stated that the architects of this restaurant were told that the responsibility for the land- scaping was entirely theirs. Some of the property is in the right-of-way. City Council Meeting 9 November 6, 1973 Motion for report It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that the staff bring back a report on this item at the next meeting. FAIR ELECTIONS BOARD CHARGE Councilman Scott discussed the issue of "organized sign stealing" which has occurred in this election. He stated this was a well- organized, well-planned project, and felt that the Fair Elections Committee should consider this when analyzing the campaign expenditures, as it could be disastrous for a person or party to spend a great deal of money on signs, have them stolen, and then be faced with no signs and no more money to spend. Referred to Fair Elections It was moved by Councilman Scott, seconded by Committee Councilman Egdahl and unanimously carried that this matter be referred to the Fair Elections Committee. FUEL SHORTAGE Councilman Hyde con,merited on the news articles concerning a national fuel shortage. He stated it was inevitable that this City will have to face that situation, and individuals, as well as cities, will have to examine their way of living in order to try to cope with reduced energy procedures. Motion for report It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the City Manager commence an investigation of the problem of fuel consumption by City forces with a view to taking steps which would re- duce, if at all possible, the demands the City has for fuel consumption of all types. This report is to be brought back by budget time. BAYFRONT PLAN In answer to Councilman Egdahl's inquiry, Director of Planning Peterson reported that the Bayfront Plan will be before the Council at the next meeting. SERRA SYSTEM - LIBRARY It was moved by Councilman Egdahl and seconded by Councilman Hyde that the City continue in the Serra System. Councilman Scott asked that the matter be continued for an additional week in order to examine the report. Motion for continuance Councilman Egdahl withdrew his motion and moved that the matter be continued for one week. Councilman Hyde agreed to the second and the motion carried unanimously. WRITTEN CO}4qUNICATIONS Request for removal of Mr. Walter F. Hodge, 3460 Highland Avenue, property from Bayfront requested removal of his property (328 Bay moratorium Boulevard) from the moratorium in view of the fact that he has a prospective tenant for the property. City Council Meeting 10 November 6, 1973 Conflict of interest Councilman Scott stated he is abstaining from this discussion due to tho fact that Mr. Hodge is one of the owners of the company he works for and there could be a possible conflict of interest. In answer to the Mayor's query, Mr. Peterson, Director of Planning, stated it would be more appropriate to consider this request at the next meeting when the Bayfront Study will be before the Council. He will have a definite recommendation to make to the Council at that time concerning this property. Mr. Hodge agreed to the continuance. Motion for continuance It was moved by Councilman Hyde and seconded by Councilman Hobel that this request be con- tinued for one week. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Scott CONFLICT CONCERNING BAYFRONT Councilman Scott asked the legality of his HEARING participating in the Bayfront hearing in view of the fact that Mr. Hodge, his employer, owns a parcel of property in this area. Opinion of City Attorney City Attorney Lindberg stated that Councilman Scott has an obligation to consider the whole Bayfront Study. He recognizes the concern Councilman Scott has over a possible conflict of interest regarding a particular segment of this study; however, he reiterated that Councilman Scott should participate in dis- cussion of the whole study and just refrain from any items that may touch upon his em- ployer's property. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:25 p.m. to the meeting scheduled for Wednesday, November 7, 1973, at 7:00 p.m. in the Council Chamber (Joint meeting with Planning Commission and Human Relations Commission). City Clerk