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HomeMy WebLinkAboutcc min 1973/10/30 MINUTES OF A REGULAR MEETING OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 30, 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,~s~tant City Manager Bourcier, City Attorney Lin~berg, Dir~ of Public Works Cole, Director of Planning Pet~rson~ Leg~l~ntern 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 meved by Councilman Hyde and seconded by Councilman Scott that the minutes of the meetings of September 27 and October 16, 1973, be approved, copies having been gent to each Couneilm~n. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: None Absent: Councilman Hobel ORAL CO~4UNICATIONS Jerry Linton Mr. Linton stated he had a few comments to make American Housing Guild concerning the Hillside Modifying District and asked for the appropriate time to make this presentation. Mayor Hamilton informed him that the proper time would be when that item is being considered by the Council. Margaret Helton Mrs. Helton noted that the circle street sign 162 Mankato Street between F and G Street is back up; however, the sign at Whitney and Mankato is not. Mrs. Helton remarked that she is speaking for the senior citizens of this community and com- mented on the Norman Park Center which she indicated was one of the best-planned senior citizen facilities in this area. However, with the construction of the Congregational Towers, parking has become a problem. The area in the Park is always full, and although the Center is available to the senior citizens at no charge, it becomes difficult to meet there be- cause of the parking problem. Mrs. Helton requested that the Council ask for a study to determine the feasibility of pro- viding parking on the "U" which surrounds Norman Park Center - between Third and Del Mar on F Street; between Del Mar and Third on Center; and on the cross side of Del Mar between F Street City Council Meeting 2 October 30, 1973 and Center - where the parking would be re- served for those senior citizens that have Norman Park parking stickers on their cars and could park without paying any parking fees. (Councilman Hobel arrived at the meeting at this time.) Councilman Scott suggested the use of Loma Verde Center. Mrs. Helton questioned the available bus transportation to this Center. Motion for study It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a study be made by the staff on the parking situ- ation around Norman Park Center. Councilman Scott commented that the Council should give serious consideration to future requests for a reduction of parking for senior citizen projects. June Kirkendall, Manager Mrs. Kirkendall referred to the letter she sent Pacific Telephone on October 19, 1973 explaining the new config- 585 I Street uration of the San Diego Suburban and San Diego telephone directories. She stated that the eallin§ patterns of the people in the various communities were studied, surveys were made of community-of-interest factors, shopping patterns, etc., and based on an analysis of this data, the white page listings for Chula Vista and points South were deleted from the San Diego directory. Mayor Hamilton questioned the possibility of having one book for the "yellow pages" and another for the directory. Mrs. Kirkendall remarked that this was suggested; however, their directory people state that this would cut down considerably on directory usage. She added that she will present additional sta- tistical information to the Council in the near future to show how these configurations were made. A1 Madison Mr. Madison said he was the Principal of the 3935 Bonita View Drive Robert L. Mueller Elementary School. He re- Bonita quested that the Council provide additional safety service for the children in his school area - either a stop light at Oaklawn and J, or the employment of a crossing guard to assist the children who must cross J Street to attend Mueller School. Under discussion, the Council commented that they were under the impression that a guard was still employed at this intersection. Mr. Thomson, City Manager, commented that it was his understanding that a guard was to be posted during the period that H Street was closed because of shifting the traffic burden onto J Street at an increased rate. City Council Meeting 3 October 30, 1973 Motion to reestablish guard It was moved by Councilman Hyde and seconded by Councilman Hobel that the staff immediately reestablish the guard, in conjunction with the school patrol, and that the City Manager and Safety Commission reexamine the condition and report to the Council as to whether or not it would be appropriate to put in any permanent light fixture at that point. Discussion of motion Councilman Scott said he felt there was no need of a traffic light at Oaklawn and J and didn't see the need of a long, lengthy staff report on that. He asked that the guard be reestab~ lished first, and if that doesn't work, then the Council can ask for a study for a traffic light. Councilman Egdahl suggested a joint consulta- tion be made with the school district. As for the light, the District can change its school boundaries at any time and there may be no need for a light at this intersection. Because of this constant change in boundaries, Councilman Egdahl felt that perhaps the Traffic Engineer could work with the school on a joint program of guard provision. Councilman Hobel asked Councilman Hyde if he would remove the study portion from his motion. Motion restated Councilman Hyde agreed. Mayor Hamilton restated the motion stating that a guard was to be re- established immediately and the staff to work with the school district on the boundaries and guard participation. Motion carried Councilman Hobel agreed to the second and the motion carried unanimously. Louis Gonzales Mr. Gonzales questioned the speed limit along 703 Woodlawn this street between the freeway and Broadway, stating that the cars coming off the freeway on J retain excessive speed. Discussion ensued as to the speed limit. Mr. Cole, Director of Public Works, said it was posted at 30 miles per hour; if there is no sign there, then the prima facie speed limit is 25. Referred to Safety Commission It was moved by Councilman Scott, seconded by and staff Councilman Hobel and unanimously carried that the problem of speeding on J Street be referred to the Safety Commission and the staff. PUBLIC HEARING - CONSIDERATION Director of Planning Peterson submitted a map OF CHANGE OF ZONE FROM R-E AND noting the location of the proposed rezoning. R-l-10 TO R-i-10-P FOR 52 ACRES The applicant has submitted a tentative map LOCATED NORTH OF OTAY LAKES ROAD, known as Ranchito Robinhood which proposes APPROXIMATELY ONE-HALF MILE 72 homes on the 52 acres for a gross density WEST OF BONITA HIGH SCHOOL of less than 1.4 dwelling units per acre. Proposed lot sizes will vary from 8,100 square feet to 22,500 square feet with average lot size of nearly 14,000 square feet. The Planning Commission recommends approval of the rezoning. City Council Meeting 4 October 30, 1973 Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. James Ashbaugh Mr. Ashbaugh stated they were the consultants George S. Nolte & Associates on this project and was present to answer any questions. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1507 - It was moved by Councilman Hyde that this AMENDING ZONING MAP OR MAPS ordinance be placed on first reading and that ESTABLISHED BY SECTION 33.401 reading of the text be waived by unanimous OF THE CHULA VISTA CITY CODE, consent. REZONING THAT CERTAIN PROPERTY LOCATED NORTH OF OTAY LAKES The motion carried by the following vote, ROAD, APPROXIMATELY ONE-HALF to-wit: MILE WEST OF BONITA HIGH SCHOOL AYES: Councilman Hyde, Egdahl, Scott, FROM R-E AND R-l-10 TO R-i-10-P - Hobel, Hamilton FIRST READING Noes: None Absent: None Slope concern Councilman Egdahl commented that he was con- cerned about the slopes along Otay Lakes Road, both sides, and wondered if the Planning De- partment has a plan on file as to what the ultimate appearance of these slopes should be. He would like to see the staff coordinate the appearance of the slopes along the entire length of Otay Lakes Road. Maintenance District In answer to Councilman Scott's query, Mr. Peterson commented that the developments along this street will either have an assessment district or home owner's district to maintain the appearance of these slopes. CITY MANAGER'S REPORT Report on use of Memorial City Manager Thomson explained that Mr. Jar Park for furniture displays was unaware of the fact that he could not use the City Park as a display background for advertising his furniture. He has indicated he will not make use of the City Parks again for his commercial operations. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. Report on use of City Streets City Manager Thomson explained that, according by Hilltop High School Band to Council's direction, traffic control guards have been placed at either end of the streets used by the band for marching practice. The Police report that the band is yielding the right-of-way. A letter from Don Marshall, Director of Bands, was noted in which he commented that the use of the school guards at both ends of Claire Avenue only succeeded to confuse and irritate the mo- torists. Mr. Marshall asked that the guards be taken off the street and posted in the parking lot area to more efficiently control bicycle traffic which was cited at the last Council meeting as a cause of a near-accident. City Council Meeting 5 October 30, 1973 Guards to be posted It was moved by Councilman Egdahl, seconded by at parking lot Councilman Scott and unanimously carried that the report of the City Manager be accepted and included be the suggestion from the Director of Bands that the student guards be put on the parking lot rather than on the street. Report on Proposition 1 Councilman Scott commented that the reason on November Ballot this was on the agenda was to have a resolu- tion passed under "Unanimous Consent"; how- ever, the consent was not signed by all the Council members and, therefore, cannot be presented. Resolution to be brought back It was moved by Councilman Scott and seconded by Councilman Hyde that a resolution be brought to the Council on Thursday, November 1, 1973, at the adjourned Council meeting, opposing Proposition 1. Billie Rayburn Mr. Rayburn asked to speak as to the legality of Council's action. City Attorney's opinion Mr. Lindberg declared that this City Council has the right to take an action to express its views, on behalf of the people in this City, as their elected representatives. There may not be total agreement in the community on any of these measures; however, the Council is perfectly free and within its legal rights to make its expression as other communities have done throughout this State. Motion carried The motion carried by the following vote, to-wit AYES: Councilmen Scott, Hyde, Hamilton, Egdahl Noes: Councilman Hobel Absent None Grand Jury probe Mr. Rayburn questioned the Charter provisions allowing the Council to pass a resolution which would influence the voters. He stated this issue will be brought before the Grand Jury for investigation. He read a law which he said he received from 46 attorneys in Sacramento who are charged with making recommendations to the lawmakers in this State. Mr. Rayburn added that his attorneys are pres- ently preparing papers for the Grand Jury de- lineating fifteen charges against this Council, the City Manager and City Attorney. RECESS A recess was called at 8:04 p.m. and the meet- ing reconvened at 8:20 p.m. REPORT ON MOSCONE BILL Legal Intern Beam explained that the (SB 716) Bill has two provisions: (1) one relates to economic conflicts of interest that may exist between a public official's duties and his private interest; and (2) the disclosure pro- vision provides that designated public officials shall disclose certain types of economic interests that they may have as a matter of public record. City Council Meeting 6 October 30, 1973 Mr. Beam noted that the conflicts of interest relate to the members of the City Council, City Planning Commission, all department heads as well as chief assistants, members of all special groups and committees (such as Environmental Review Committee) and all City Boards and Commissions. Disclosures would be limited to the Mayor, members of the City Council, planning commis- sioners as well as planning officials. The disclosures must be made in April of each year. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON WAX~ BILL, Legal Intern Beam explained that this is a (AB 703) financial disclosure hill relating to candi- dates and committees in public elections. He stated that the City's adopted ordinance goes far beyond the requirements of the Waxman Bill. Legal Intern Beam discussed the provisions of the ordinance stating that any candidate filing for office will now have to file three separate papers: one for the Moscone Bill, one for the Waxman Bill and one for the City's campaign expense ordinance in term5 of their financial disclosures. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON DRAINAGE PROBLEM AT In a report to the Council, the Director of 252 G STREET (CAROLYN AND Public Works pointed out that the problem re- MARCEL MORGAN) lates to the flooding of the lower portions of apartment units at the 252 G Street address caused by inadequate drainage facilities which pass under the apartments at 268 G Street. Mr. Cole noted the drainage constructions that would be involved to correct this situation for which the City would be liable for one-half the cost. An alternate would be the construction of a retaining wall around the 252 G Street property to keep the flood waters out. Water within the wall would have to be pumped into the channel. Mr. Cole stated this would be his recommendation. Report accepted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the report be accepted. Councilman Scott made note of the fact that the property owner was not bound by this alterna- tive method ~ that he could solve his drainage problems in any manner he so chooses. City Council Meeting 7 October 30, 1973 REPORT ON PARK BENCHES ALONG The Human Relations Commission, in response to PALOMAR STREET Council's request, considered the recommenda- tion of a citizen to place a few benches along the 100 block of Palomar Street. The Commis- sion made the following recommendations: (1) this be referred to the County Board of Supervisors for proper handling at the County area; and (2) San Diego Transit Authority also be contacted. Recommendations accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the recommendations of the Human Relations Commission be accepted. Benches at Third and F Mayor Hamilton said he was contacted by some of the senior citizens to put in a bus bench at Third and F Street. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Manager be requested to look into this request and advise the City Council as to what action should be taken, and also how much it will cost. Request regarding membership The International Friendship Commission made on the International Friendship the following requests: (1) that Commissioner Commission Phil Pulido be granted a six-month leave of absence; (2) if approval of [1] is not granted, that Council give Mr. Pulido's application for reappointment, at a future date, highest con- sideration; and (3) that the current vacancy on the Commission be filled as soon as possible, and if [1] is not granted, a replacement be appointed as soon as possible. Motion to accept portions It was moved by Councilman Egdahl, seconded by of recommendations Councilman Scott and unanimously carried that recommendation Nos. 2 and 3 be accepted. Letter to be sent to It was moved by Councilman Scott, seconded by Mr. Pulido Councilman Egdahl and unanimously carried that a letter be sent to Mr. Pulido accepting his resignation, commending him on his fine service on this commission, and telling him the Coun- cil's plans on item Nos. 2 and 3. CONSENT CALENDAR Councilman Scott questioned whether Item No. 22 needed a four-fifths vote of the Council (authorizing expenditure from Sewer Income Fund). The City Attorney stated it did. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that Item No. 14 (appeal of Dunphy Construction Company) and Item No. 22 (authorizing expen- diture from Sewer Income Fund) be removed from the Consent Calendar. Councilman Egdahl noted that he would be ab- staining on Item No. 14 because of a possible conflict of interest. City Council Meeting 8 October 30, 1973 It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7047 - On October 2, 1973, the Council authorized the ACCEPTING BID baND AWARDING purchase of a diesel engine for replacement on CONTRACT FOR PURCHASE OF Fire Department Pumper No. 1, approving the DIESEL ENGINE appropriation of $7,000 from Revenue Sharing Funds. Lawless Detroit Diesel was the only vendor submitting a bid in the amount of $5,985. Funds required, including tax, total $6,284.25. RESOLUTION NO. 7048 - Bro-Dart, Inc., the company to which the con- AWARDING CONTRACT FOR CITY'S tract was awarded by Resolution No. 6914, has LIBRARY BOOK REQUIREMENTS FOR been unable to perform as specified in the BALANCE OF FISCAL YEAR 1973-74 specifications and has been notified that the TO BAKER AND TAYLOR COMPANY contract would be cancelled, effective October 3], 1973. Baker and Taylor Company was contacted regarding their original proposal and has agreed to honor discounts submitted at that time. RESOLUTION NO. 7049 - Based upon the decision of the City Council that APPROPRIATING FUNDS AND the City would participate on a 50-50 basis with ACCEPTING BID FOR CONSTRUCTION individual property owners for fence construe- OF FENCE - HILLTOP-TELEGRAPH tion at the park, Mr. Dean Butterfield has sub- CANYON PARK mitred a request for a fence. ;~nerican Fence Company's low bid of $568 conforms to specifi- cations and is acceptable to the property owner. Approval of a special appropriation of $284 (50%) from unappropriated reserves was requested. RESOLUTION NO. 7050 - The City Council approved amendments to the DECLARING THE INTENTION Zoning Ordinance pertaining to Planned Unit De- OF THE CITY OF CHULA VISTA TO velopments on September 25, 1973, but did not CALL A PUBLIC HEARING TO approve the Policy Manual because of questions CONSIDER THE ADOPTION OF THE raised at that meeting. Since the public hear- PLANNED UNIT DEVELOPMENT ing was closed, it is necessary to set a new POLICY MANUAL date of November 13, 1973, for a public hearing to consider adoption of the Manual and any pro- posed changes. RESOLUTION NO. 7052 - On September 26, 1973, the Planning Commission AUTHORIZING THE DEFERRAL OF granted a deferral of public improvements THE INSTALLATION OF CERTAIN based upon the fact that no improvements ex- PUBLIC IMPROVEMENTS ON THE isted on the alley between Third Avenue and PROPERTY OWNED BY LOUIS H. G Street and the impracticality of construct- AND CHLOE L. FAUCHER AT THE ing only half of the width of the 20-foot REAR OF 284 MADRONA STREET alley. This was conditioned upon posting a performance guarantee in the amount of $2,500. The property owners have chosen to execute a lien agreement to serve as the performance guarantee. RESOLUTION NO. 7053 - On May 27, 1969, a lien agreement for this RELEASING LIEN IN THE property was approved. The lien agreement AMOUNT OF $1,000 AGAINST signed by Bettye Peters is no longer required PROPERTY OWNED BY BETTYE as the new owners, Mr. and Mrs. Louis Faucher, PETERS AT 286 MADRONA STREET have signed a new lien agreement which in- cludes the property at this address. City Council Meeting 9 October 30, 1973 RESOLUTION NO. 7054 - The developer of Rancho Robinhood Subdivision DECLARING THE INTENTION TO submitted a petition for the formation of an ESTABLISH CHULA VISTA OPEN open space district. A preliminary report SPACE DISTRICT NO. 3, AND has been submitted by the Directors of Parks SETTING THE TIME AND PLACE and Recreation and Public Works. The Planning FOR HEANING THEREON Commission, on October 10, considered the es- tablishment of Open Space District #3 and recommended approval. The public hearing will be scheduled for November 20, 1973. RESOLUTION NO. 7055 - The improvements in this subdivison, consist- APPROVING AND ACCEPTING lng of 110 lots, have been completed in accord- PUBLIC IMPROVEMENTS IN ance with the agreement. A final inspection THAT CERTAIN SUBDIVISION showed all public improvements completed to the KNOWN AND DESIGNATED AS satisfaction of the Public Works Director and BRANDYWINE SUBDIVISION in accordance with the requirements of the City. UNIT NO. 2 RESOLUTION NO. 7056 - One of tho conditions of approval of the parcel ACCEPTING, DEDICATING AND map for the new Handyman facility between NAMING CERTAIN REAL PROPERTY Palomar Street and Kennedy Street east of IN SAID CITY FOR STREET Third Avenue was that Handyman acquire the AND HIGHWAY PURPOSES, existing one-foot control lots in Kem~edy DESIGNATED AS ONE-FOOT CONTROL Street and dedicate them to the City. LOTS, LOCATED ON A PORTION OF KENNEDY STREET RESOLUTION NO. 7057 ~ One of the requirements for approving Parcel ACCEPTING, DEDICATING AND Map 18-73 is the granting of additional right- NAMING CERTAIN REAL PROPERTY of-way for Bonita Road. The County Engineer IN SAID CITY FOR STREET AND has plans to improve and widen Bonita Road by HIGHWAY PURPOSES LOCATED 1975. This dedication will provide the addi- ALONG BONITA ROAD, WEST OF tional right-of-way and satisfy the needs of WILLOW STREET the County of San Diego. RESOLUTION NO. 7058 - On December 12, 1972, the Council approved a CALLING A PUBLIC HEARING TO six-year utilities undergrounding program. The DETERMINE WHETHER PUBLIC boundaries of the Broadway undergrounding NECESSITY, HEALTH, SAFETY district, as recommended by San Diego Gas and OR WELFARE REQUIRES THE Electric Company, are contingent upon success- FORMATION OF AN UNDERGROUNDING ful acquisition of the necessary rights-of-way. UTILITY DISTRICT ON BROADWAY All utilities will be underground within the FROM F STREET TO H STREET proposed district except for the overhead fa- citities crossing Broadway at G Street. RESOLUTION NO. 7060 - City Manager Thomson proposed that the Council DESIGNATING CERTAIN AREA take formal action to designate the City Re- WITHIN THE CITY OF CHULA VISTA development Survey Area as a necessary step AS THE CITY REDEVELOPMENT required by State law. For purposes of pro- SURVEY AREA viding flexibility in future project area designations, it is proposed to have the sur- vey area encompass the bulk of the City indus- trial and commercial areas and the Bayfront. Specifically, the survey area would include all City jurisdiction within these borders: To the North - City limits; to the East - easterly City right-of-way of Second Avenue; to the South - City limits; to the West - City limits. City Council Meeting 10 October 30, 1973 RESOLUTION NO. 7061 - The Health and Safety Code of the State of ACTING AS A STATE CERTIFIED California provides that a Redevelopment Agency REDEVELOPMENT AGENCY, has the power to appoint such officers as it DESIGNATING AND APPOINTING requires. Therefore, it was proposed that the THE CITY MANAGER AS THE Council, acting in its capacity as a State EXECUTIVE DIRECTOR OF THE Certified Redevelopment Agency, appoint the REDEVELOPMENT AGENCY OF THE City Manager as the Executive Director. CITY OF CHULA VISTA RESOLUTION NO. 7062 - In order to receive the City's approved AUTHORIZING APPROVAL OF SB 325 funds, a memorandum of understanding MEMOP~kNDUM OF UNDERSTANDING must be consummated with the Comprehensive WITH COMPREHENSIVE PLANNING Planning Organization. This agreement is a ORGANIZATION REGARDING delineation of voluntary programs and obliga- SB 325 FUNDS tions currently in effect. RESOLUTION NO. 7063 - At the meeting of October 2, 1973, the Chamber APPROVING THE SECOND AMENDED of Commerce asked for a six-month extension on AGREEMENT BETWEEN THE CITY their lease. This extension to May 15, 1974, OF CHULA VISTA AND THE CHULA was approved by the Council at a rental rate VISTA CHAMBER OF CO~V~RCE of $75 a month. RESOLUTION NO. 7064 - The Director of Parks and Recreation has been RELEASING AND QUITCLAIMING in the process of negotiating for the disposal CERTAIN REAL PROPERTY IN SAID of certain parcels of property at the Municipal CITY TO VICTOR L. WULFF AND Golf Course. A new requirement of the State LEONA TALBOT WULFF Subdivision Map Act calls for the filing of parcel maps in all cases of division of land. RESOLUTION NO. 7065 - In this respect, the deeds will be withheld REMISING, RELEASING AND until the parcel map requirement is satisfied QUITCLAIMING CERTAIN REAL and the agreed sale price is met. PROPERTY IN SAID CITY TO MACK P. LOVETT (End of Consent Calendar) RESOLUTION NO. 7051 - Councilman Egdahl stated that because of a GRANTING THE APPEAL OF possible conflict of interest, he will refrain DUNPHY CONSTRUCTION COMPANY from discussion and voting on this item. FOR THE CONSTRUCTION OF A TRUCK TERMINAL - CONDITIONAL Councilman Scott noted that the Council ap- USE PERMIT PCC-73-7 proved this appeal based on two conditions: (1) a masonry wall - there is still a need for the wall because of the sound problem; (2) not using the truck facilities until the other buildings are constructed. He felt these two conditions should remain. Councilman Hyde asked if it wasn't the inten- tion of the Council to prohibit truck traffic along North Glover, and not just on North Glover between Brisbane and Trousdale. Councilman Scott noted that with the new align- ment, Brisbane will not be going through. Councilman Hyde felt the language should be changed to read ".. along North Glover, south of Trousdale." City Council Meeting 11 October 30, 1973 Dean Dunphy, Applicant Mr. Dunphy stated that the truck company is quite willing to give the City a letter stip- ulating that they will not occupy the premises until construction has begun on the buildings adjacent to the mobile home park. Discussion Discussion followed by the Council as to the need for a masonry wall. Mr. Dunphy commented that there is an existing six-foot-high wooden fence there. As to the wall along the southern boundary of the terminal property, Mr. Dunphy stated that they are applying for a variance to increase the height of the wall from six feet to eight feet so it will be an added sound barrier to the residents of the mobile home park. Resolution offered Offered by Councilman Hyde with the following modifications: (1) That the truck traffic shall be prohibited on North Glover, south of Trousdale (2) That occupancy of the terminal facility shall be deferred until actual construction of the associated industrial facilities has commenced. The resolution passed by the following vote, to-wit: AYES: Councilmen Hyde, Scott~ Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Egdahl RESOLUTION NO. 7059 - It was recommended by the Director of Public AUTHORIZING EXPENDITURE FROM Works that the Council authorize the expenditure SEWER INCOME FUND FOR FINAL of $700.70 from the unappropriated surplus of PAYMENT FOR CONSTRUCTION the Sewer Income Fund to cover the cost of the OF SEWER BENEATH THE 1-5 City's final payment in accordance with Utility FREEWAY AT G STREET Agreement No. 14994-A. 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 RECESS A recess was called at 9:07 p.m. and the meet- ing reconvened at 9:25 p.m. ORDINANCE AMENDING SECTIONS The City Council first considered the proposed 33.302 AND 33.601A OF THE ZONING draft of the "H" District and Development ORDINANCE, CHAPTER 33, OF THE Policy on October 9, 1973. Based on testimony CHULA VISTA CITY CODE RELATING presented at that meeting, the Council con- TO THE HILLSIDE MODIFYING tinued the matter to this meeting to enable DISTRICT them to consider the testimony offered. City Council Meeting 12 October 30, 1973 A detailed report was submitted by the Director of Planning delineating a number of recommenda- tions - changes and modifications in the orig- inal ordinance. City Attorney Lindberg Attorney Lindberg stated that the public hear- ing was closed and if there had been significant changes in the ordinance as presented at the public hearing, or if new testimony is desired to be presented to the City Council, it would be his recommendation that a new public hearing be set on the matter. Public hearing set It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a new public hearing be set for November 20, 1973. Councilman Hyde asked that the motion be amended to state that the hearing be set to hear new information, rather than the entire business all over again. Motion amended Councilman Scott agreed to the amendment; Councilman Hyde agreed to the second and the amendment carried unanimously. RESOLUTION ADOPTING A (Continued to the meeting of November 20, 1973.) HILLSIDE DEVELOPMENT POLICY ORDINANCE NO. 1505 - This ordinance was placed on first reading at AMENDING CHAPTER 11 OF THE the meeting of October 16, 1973. CHULA VISTA CITY CODE BY REPEALING SECTIONS 11.18 AND 11.21 ALL RELATING TO DANCES AND DANCE HALLS - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Egdahl 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 Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1506 - The ordinance was changed to put public hearings AMENDING SECTION 1.206 OF THE on the agenda before the reports of the depart- CHULA VISTA CITY CODE ment heads. It was placed on first reading at RELATING TO THE ORDER OF the meeting of October 16, 1973. BUSINESS AT CITY COUNCIL MEETINGS - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Egdahl that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. City Council Meeting 13 October 30, 1973 The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None MAYOR'S REPORT Appointment of member to Civil The classified employees of the City held an Service Commission election on October 18 and 19, 1973. The top four names were submitted to the Council from which they will make one selection. It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the Council adjourn to Executive Session, at the close of the meeting, for personnel reasons and possible litigation. Route S4 right-of-way Mayor Hamilton read a portion of a letter from the California Highway Commission in which they stated that they acted affirmatively to pur- chase the rights-of-way for realignment of Route 54 as suggested by this Council. Board of Supervisors proposal Mayor Hamilton reported that the Supervisors will hold a meeting tomorrow at 9:30 a.m. to discuss a proposal by 3im Bear to increase the Board from five to seven members. The Council discussed the proposal indicating that there seemed to be no necessity to make the change at this time. Councilman Scott referred to the study being done on Regional Government which the City of San Diego has asked the State legislature to do. Councilman Hobel noted that Pete Chacon is chairmaning this study in this area. Motion for report It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the staff bring a report back to the Council as to exactly where this study stands. Daylight Savings Time Mayor Hamilton referred to the proposal of Lieutenant Governor Rein~cke for the State of California to stay on daylight savings time. Motion to support proposal It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that a resolution be brought back supporting Lieutenant Governor Re~necke's proposal for the State of California to stay on daylight savings time to conserve energy. Councilman Scott asked that the resolution be sent to all the San Diego C6unty cities. Sphere of Influence Councilman Hyde stated he was pleased to ]earn that the City Manager met with the County director with regard to sphere of influence. He hoped this matter could be advanced to some concrete act that will allow the City to have some control over it. City Council Meeting 14 October 30, 1973 Bay Boulevard Sewer Installation It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the involvement of the staff engineers be lim- ited to preliminary engineering in regard to the Bay Boulevard sewer installation project and that a private consultant be employed for the actual construction design. A resolution to be brought back to the Council. Railroad right-of-way on Councilman Egdahl noted that these railroad Silver Strand tracks have been removed, and felt it would make an excellent bicycle path around the Bay. Councilman Hobel indicated that the City of Coronado has received a grant, and their bi- cycle paths are going down in that portion of the Strand. He noted this City's proposal to tie in with that bicycle path. Motion for study It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the staff be asked to advise the Council as to the direction to be taken to pursue this matter further. Transfer agreement - It was moved by Councilman Hyde, seconded by San Diego Transit Corporation Councilman Hobel and unanimously carried that the joint transfer agreement with the City lines to the end of this fiscal year meets with the approval of this Council. WRITTEN CO~ffiUNICATIONS Letter of resignation Mr. Potratz submitted his resignation from from Ernest L. Potratz the Board of Appeals stating he is moving out of the City and will not be able to serve on the Board. Resignation accepted with regret It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of thanks be sent to Mr. Potratz for his work on this Board. Letter of resignation Mr. Fiocco submitted his resignation from the from Mark Fiocco Youth Commission indicating that school, sports and work commitments make it impossible for him to devote the time necessary to spend on the Commission. Resignation accepted with regret It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter of thanks be sent to Mr. Fiocco for his work on this Commission. Request from the Broadway Mr. Harold F. Tebbetts, Attorney, representing AssOciation for a conference the Broadway Association, requested a Council regarding the proposed sign Conference to discuss in detail the proposed ordinance sign ordinance. Discussion Council discussion followed as to the merits of having a conference rather than a public hearing. City Council Meeting 15 October 30, 1973 Motion for Conference It was moved by Councilman Hyde and seconded by Mayor Hamilton that approval be given to the request of the Broadway Association with the understanding that the Council Conference is expanded to include all interested parties and not just the Broadway Association. Councilman Scott said he would like to see the City's ordinance be presented to this Associa- tion, with the modifications as sent to the Planning Commission and see what the objec- tions are to that, After that time, a Council Conference should be scheduled. Councilman Egdahl said it would be helpful to the Council if the staff presented a report as to where these two (City's ordinance and Broadway Association's proposal) differ from one another. Motion carried The motion for a Council Conference carried by the following vote, to-wit: AYES: Councilmen Hyde, Hamilton, Egdahl Noes: Councilmen Scott, Hobel Absent: None Mayor Hamilton asked the staff to contact the Broadway Association to find a time appropriate for the Conference. Verified claims for damages - Verified claims for damages were filed in the Gene Moore, 138 Third amount of $10,000 for each of the claimants Avenue; Howard Utlaut, for which they claim they were arrested for a 4161Moraga, San Diego; misdemeanor charge on July 10, 1973, in the and Douglas Rice, 138 vicinity of Fourth and Main Street, Chula Third Avenue, Chula Vista Vista, without a warrant and "under circumstances in which the alleged offense did not take place in the presence of the arresting officer." The damages sustained by the claimants were humiliation, embarrassment and damage to their reputations. Claims denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claims be denied and turned over to the City's insurance carrier for investigation. Request from Exchange Club Mr. Joseph A. Broccoli, Jr., Secretary, re- to use the flag pole in quested permission to use the flag pole in Civic Center Complex for a front of the Civic Center Complex for a Flag Flag Retirement Program Retirement Program scheduled for Saturday, December 8, 1973, to which the Council was extended an invitation. Request approved It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be approved. Executive Session The Council recessed to Executive Session at 9:57 p.m. and the meeting reconvened at 10:40 p.m. City Council Meeting 16 October 30, 1973 APPOINTMENT TO CIVIL It was moved by Councilman Scott, seconded by SERVICE COb~4ISSION Councilman Hyde and unanimously carried that Mrs. Frances Walker be appointed to the Civil Service Commission. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:42 p.m. to the adjourned regular meeting sched- uled at 7:00 p.m. on Thursday, November 1, 1973. City Clerk