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HomeMy WebLinkAboutcc min 1973/09/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 4, 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, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hamilton, Hyde Councilmen absent: Councilmen Hobel, Egdahl Also present: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of August 28, 1973, be approved, copies having been sent to each Councilman. RESOLUTION NO. 6999 - This resolution designates October 13, 1973, DESIGNATING OCTOBER 13, 1973 as "Book Fair Day" in support of the Friends AS "BOOK FAIR DAY" of the Library's "Book Fair" at Norman Park Center. 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, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl PRESENTATION OF QUARTERLY Mr. Gary Wappes, Director, submitted a written OPERATIONAL REPORT ON report outlining the activities of the organi- "OUR HOUSE" zation for the quarter ending August 1973. He noted that the most significant change during the last quarter was the award of a National Institute of Mental Health grant beginning June 1, 1973, which funds enabled them to expand their staff and develop a professional counseling component within the agency. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the written report be accepted. PUBLIC HEARING - APPEAL BY The appellant's original proposal, submitted STREET PROPERTIES, INC. OF in February 1973, was a request to amend the PLANNING CO~ISSION DENIAL General Plan for 3.33 acres to Visitor- OF A CONDITIONAL USE PERMIT Commercial; rezone the property to C-V-P; and FOR THE CONSTRUCTION OF A an Environmental Impact Report; and a request SERVICE STATION AT 789 E for a conditional use permit to construct and STREET AND THE DENIAL OF operate a service station and towing service PRECISE PLANS FOR A RESTAUR~T, along with a restaurant and motel. MOTEL AND SERVICE STATION AT BAY BOULEVARD AND E STREET The requests were granted; however, the Plan- ning Commission denied the conditional use permit for a service station. The applicant is appealing that decision. City Council Meeting - 2 - September 4~ 1973 Mayor Hamilton noted that it would take a 4/5s vote to override the decision of the Planning Commission in this matter and only three Councilmen were present. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the public hearing be continued to the meeting of September 18, 1973, when a full Council will be present. PUBLIC HEARING - APPEAL BY On July 11, 1973, the Planning Commission DUNPHY CONSTRUCTION COMPANY denied a conditional use permit application OF PLANNING CO~ISSION DENIAL for a truck terminal at Trousdale and Press OF CONDITIONAL USE PERMIT FOR Lane. THE CONSTRUCTION OF A LOADING DOCK, WAREHOUSE AND OFFICE FOR A TRUCK TERMINAL AT TROUSDALE DRIVE AND PRESS LANE Motion to continue It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the public hearing be continued to the meeting of September 18, 1973, when a full Council will be present. RESOLUTION - ACCEPTING BIDS The following two bids were received for this AND AWARDING CONTRACT FOR project which consists of repairing and re- RECONSTRUCTION OF CURB RETURNS, placing 69 hazardous and broken curbs, gutters, SIDEWALK AND CROSS GUTTERS AT and sidewalks at various locations within the VARIOUS LOCATIONS (JOB NUMBERS City: 1 THROUGH 35) Sapper Construction Co. $13,231.00 G. Spikes & W. Love Masonry 20,417.50 Director of Public Works Cole stated that 69 locations were considered; however, 40 are considered to be potentially hazardous. Of the 40, 35 could be repaired at the bid price for a total of $7,155.86 ($8,000 in Gas Tax 6300 Activity Fund was budgeted for this project.) It was recommended that the contract be awarded to the low bidder for 35 locations. Discussion Councilman Hyde noted that in his report, Mr. Cole cited 40 potentially hazardous conditions, and felt that the 40 should be corrected. Councilman Scott indicated that the entire 69 conditions should be repaired at this time. Mr. Cole explained that the money would have to come from Gas Tax funds, and he would have to check and see where this additional money would come from. Motion to accept bid It was moved by Councilman Scott, seconded by Councilman, Hyde and unanimously carried that the low bid of $13,231.00 be accepted for the entire project, if funds are available within the Gas Fund Reserves - if not, then it is to come back to Council. City Council Meeting - 3 - September 4, 1973 RESOLUTION NO. 7000 - The cost of providing sewer service to certain APPROVING AGREEMENT BETWEEN properties along Hilltop Drive was estimated THE CITY OF CHULA VISTA AND at $6,000. The agreement stipulates that if HILLTOP BAPTIST CHURCH, AND the benefited property owners are willing to GEORGE W. TRUSTY FOR PARTI- deposit a portion of the construction cost, CIPATION IN SEWER INSTALLA- the City would advance the balance and TION - 700 BLOCK HILLTOP establish a sewer repayment assessment to DRIVE secure reimbursement. City's cost Discussion ensued as to the advantage of con- tinuing with the present City policy of participation in these sewer installations. Councilman Scott commented the the City policy should be flexible enough so that it can be initiated if it benefits the general welfare. 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, Hamilton Noes: None Absent: Councilmen Egdahl, Hobel RESOLUTION NO. 7001 - The starting date of the undergrounding AMENDING RESOLUTION NO. 67S2 utility district on E Street from Interstate CHANGING THE DATE BY WHICH 5 to Broadway has been delayed. The resolu- PROPERTY OWNERS MUST BE PREPARED tion changes the date which the affected TO RECEIVE UNDERGROUNDED property owners must be ready to receive UTILITIES underground service from August 1, 1975 to October 1, 1973. The utilities undergrounding must be completed by December 1, 1973. 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, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl RESOLUTION NO. 7002 - By Resolution No. 6081, the Council accepted NAMING PREVIOUSLY ACCEPTED and dedicated 80 feet of right-of-way from AND DEDICATED REAL PROPERTY the southerly boundary of Brandywine Subdivi- (BRANDYWINE AVENUE) sion, Unit No. 1 to the northerly right-of-way line of Otay Valley Road. The right-of-way has been improved and it was recommended that it be named BRANDYWINE AVENUE. 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, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl RESOLUTION NO. 7003 - Allied Contractors has completed all require- APPROVING AGREEMENT FOR THE merits of its portion of the subdivision COMPLETION OF IMPROVEMENTS IN improvement agreement for the recordation of SOUTHWESTERN COLLEGE ESTATES a final map of Southwestern College Estates, UNIT NO. 8 Unit No. 8. 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, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl City Council Meeting - 4 - September 4, 1973 RESOLUTION NO. 7004 - The final map of the subdivision has been APPROVING HAP OF SOUTHWESTERN checked by the Engineering Division and found COLLEGE ESTATES, UNIT NO. 8 to be in conformity with the tentative map ACCEPTING ON BEHALF OF THE approved by Council on April 25, 1972 (Resolu- PUBLIC THE PUBLIC STREETS tion No. 6413). DEDICATED ON SAID HAP, AND ACCEPTING ON BEHALF OF THE Approval of the final map includes the dedica- CITY THE EASEMENTS GRANTED tion of the following streets: Bucknell ON SAID HAP WITHIN SAID Street, Kent Street, a portion of Lehigh SUBDIVISION Avenue, a portion of Stanford Avenue, a por- tion of Gotham Street, a portion of Rutgers Avenue and a portion of Duke Street. 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, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl RESOLUTION NO. 7005 - Allied Contractors has completed all require- APPROVING AGREEMENT FOR THE ments for its portion of the subdivision COMPLETION OF IMPROVEMENTS improvement agreement for the recordation of IN SOUTHWESTERN COLLEGE ESTATES a final map. UNIT NO. 9 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, Hamilton, Hyde Noes: None Absent: Councilman Hobel, Egdahl RESOLUTION NO. 7006 - The final map of Southwestern College Estates, APPROVING HAP OF SOUTHWESTERN Unit No. 9 has been checked by the Engineering COLLEGE ESTATES, UNIT NO. 9 Division and found to be in conformity with ACCEPTING ON BEHALF OF THE the tentative map approved by the City Council PUBLIC THE PUBLIC STREETS on April 25, 1972 by Resolution No. 6413. DEDICATED ON SAID HAP, AND ACCEPTING ON BEHALF OF THE Approval of the final map includes the dedica- CITY OF CHULA VISTA THE tion of the following streets: Coe Place, a EASEMENTS GRANTED ON SAID portion of Lehigh Avenue, a portion of Stanford HAP WITHIN SAID SUBDIVISION Avenue, a portion of Gotham Street and a por- tion of Duke Street. 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, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl UNANIMOUS CONSENT ITEMS: RESOLUTION NO. 7007 - APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MICHAEL J. AND HARGARET L. ROARK AND JOHN A. AND ANNA E. ROARK INSURING COMPLIANCE WITH ALL REQUIREMENTS OF THE CITY FOR APPROVAL OF A PARCEL HAP City Council Meeting - 5 - September 4, 1973 RESOLUTION NO. 7008 - ACCEPTING GRANT OF EASEMENT FROM MICHAEL J. AND MARGARET L. ROARK AND JOHN A. AND ANNA E. ROARK FOR SEWER PURPOSES RESOLUTION NO. 7009 - ACCEPTING GRANT OF EASEMENT FROM MICHAEL J. AND MARGARET L. ROARK AND JOHN A. AND ANNA E. ROARK FOR ROAD AND UTILITY PURPOSES Michael J. Roark Mr. Roark explained that he asked to have 247 H Street the unanimous consent items put on because Chula Vista escrow was to have closed one week ago, and there are loan commitments that must be made. He met with the Engineer±ng staff and complied with all their requirements necessary for the filing of the final map. There is a covenant whereby the agreement is binding upon the heirs, assigns and successors in interest of owners, and the deeds stipulate that 11 sewer and water improvements on these lots will be bonded or installed by said grantors or successors in interest in said parcels. City Attorney Lindberg stated that the City was secure with the agreements, as prepared. Director of Public Works Cole said he would recommend approval of the resolutions. Resolutions offered The three unanimous consent resolutions were offered by Councilman Scott, the reading of the text was waived,by unanimous consent, pas~ed gnd adoptedb¥~th~ fqHowing vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, £gdahl ORDINANCE NO. 1494 - At the meeting of August 28, 1973, the Zoning AMENDING SECTIONS 33.502, Ordinance was amended to conform with State 33.503, 33.504, 33.505, 33.506 law requiring that full time foster homes AND 33.1401 OF THE ZONING serving six or fewer children, including ORDINANCE OF THE CITY OF CHULA children of the foster family, shall be a VISTA RELATING TO FOSTER HOMES, permitted or conditional use in all residential FAMILY DAY CARE HOMES AND DAY zones in the City. NURSERIES - Second reading and adoption Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on second reading and be adopted and 'that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl City Council Meeting - 6 - September 4, 1973 ORDINANCE NO. 1495 - Mr. Jori D. Beaman filed an application for a AMENDING ZONING HAP OR HAPS change of zone from R-1 to C-T-P for a strip ESTABLISHED BY SECTION 33.401 of property measuring 8' x 120'. The ordinance OF THE CITY CODE, REZONING THAT was placed on first reading at the meeting CERTAIN PROPERTY LOCATED AT of August 28, 1973. 658-664 BROADWAY FROM C-T TO C-T-P AND 8 FOOT STRIP FROM R-1 TO C-T-P - Second reading and adoption Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on second reading and be adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl ORDINANCE NO. 1496 - This ordinance repeals Ordinance No. 1472 REPEALING ORDINANCE NO. 1472 which conditionally approved the annexation. RELATING TO THE SPORTS WORLD The ordinance was placed on first reading PHASE I ANNEXATION - Second at the meeting of August 28, 1973. reading and adoption Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on second reading and be adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl ORDINANCE NO. 1497 - The ordinance amends the contract with the AMENDING THE CONTRACT BETWEEN Retirement System to exclude persons hired THE BOARD OF ADMINISTRATION FOR on or after October 1, 1973, who are employed THE PUBLIC EMPLOYEES RETIREMENT on a temporary and/or seasonal basis if it SYSTEM AND THE CITY COUNCIL OF is a condition of employment at the time of THE CITY OF CHULA VISTA - hire that said employment not exceed six Second reading and adoption months. The ordinance was placed on first reading at the meeting of August 28, 1973. Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on second reading and be adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl ORDINANCE NO. 1498 - Modifications to the appropriate sections of AMENDING CHAPTER 5, ARTICLE 2, the ordinance were made which eliminated the SECTION 5.206, AND CHAPTER 6, discretion of the City Attorney in setting ARTICLE 3, SECTION 6.302 OF THE the bond amount, and requiring reimbursement CHULA VISTA CITY CODE RELATING of the police officer's daily salary. The TO LICENSE REQUIREMENT FOR ordinance was placed on first reading at the AUCTIONEERS AND REQUIREMENT~ meeting of August 28, 1973. FOR CONDUCT OF AUCTIONS - Second reading and adoption City Council Meeting - 7 - September 4, I973 Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on second reading and be adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes: None Absent: Councilmen Hobel, Egdahl PARADE ALONG BONITA ROAD Acting City Manager Bourcier reported that the Traffic Engineer checked into the request made by the Bonita Business and Professional Association to temporarily close Bonita Road on October 20, 1973 for the purpose of holding a parade. Ail of the problems have been worked out with the County, and the request will be approved. JOINT }IEETING CANCELLED It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the joint meeting scheduled with the Planning Commission and Human Relations Commission for 3:00 p.m., Wednesday, September S, 1973 be postponed until some evening after September 18, on a Wednesday evening when the Planning Commission meets. This is for the Housing Element of the General Plan, and it is important that a full Council be present. APARTMENTS ON "I" STREET Mayor Hamilton asked for a report on his question at the last meeting concerning a cul-de-sac or a street off "I" Street to serve the apartments being built. Director of Planning Peterson explained that he is meeting with the property owner tomorrow and will report back to the Council at the next meeting. IRAPUATO DISASTER NEEDS Mayor Hamilton reported that Eddie Thorne from the International Friendship Commission has made contact with the Sister City of Irapuato, Mexico, and they state their need is for an ambulance. The City of San Diego has one that can be made available for $1500. A general meeting is being held by the Committee tomorrow night (September 5) in this Chamber and they will discuss this further. AB 973 Councilman Hyde discussed Assemblyman Knox's Bill relating to annexation of unincorporated islands. Motion to support legislation It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that a resolution be brought back at the next Council meeting in support of this legislation. City Council Meeting - 8 - September 4, 1973 HILLSIDE GRADING ORDINANCE - City Clerk Fulasz explained that these two PLANNED UNIT DEVELOPMENT POLICY items are to be brought back at the Council meeting of September 11; however, a full Council will not be present at that meeting. She asked if the public hearings on these items could be set for the meeting of September 25, which would give her time to notify all interested parties. Hearings held over until It was moved by Mayor Hamilton, seconded by September 25 Councilman Scott and unanimously carried that the public hearings on the Hillside Grading Ordinance and the Planned Unit Development Policy be continued to the meeting of September 25, 1973. WRITTEN CO~qUNICATIONS REQUEST FROM MRS. MILDRED F. Mrs. Wissinger requested Council consideration WISSINGER, 171PALOMAR, APT. of placing a few benches along Palomar 282, FOR CONSIDERATION OF Street (100 block) so that the senior LOCATING BENCHES ALONG citizens would have a place to sit and rest PALOblAR STREET when walking to and from the nearby shopping Referred to staff and Human It was moved by Councilman Scott, seconded by Relations Commission Councilman Hyde and unanimously carried that this request be referred to staff and the Human Relations Commission. REQUEST FROM DOWNTOWN ASSOCIATION Mr. Donald E. Ritchey, President, requested FOR RAIVER OF ORDINANCE REGULATING a waiver of the ordinance regulations to $1DE~I~F~t]SS TO3 PERMIT THE ANNUAL permit the Association to hold its Annual ART AND CRAFT SIDEWALK FESTIVAL ON Arts & Craft Sidewalk Festival on September SEPTEMBER 20, 21, 22, 1973 20, 21, and 22, 1973. Approval granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be granted with whatever conditions the staff deems necessary. VERIFIED CLAIM FOR DAMAGES - Mr. and Mrs. Joseph have filed a verified MR. AND MRS. M. A. JOSEPH, claim for damages in the amount of $46.54 36 SANDALWOOD DRIVE, CHULA VISTA for damage to an inlet on their dwelling resulting fro~ City-operated power equip- ment being used to trim trees. The driver bumped into the house to the power pole lines damaging the inlet. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. VERIFIED CLAIM FOR DA~GES - Mrs. Cox has filed a verified claim for MRS. PATTI S. COX, 477 damages in the amount of $120.85, for an QUEEN ANN DRIVE, CHULA VISTA incident occurring on August 7, 1973 at 11:10 p.m. Mrs. Cox claimed that her car was damaged at the parking lot of General Ro¢~ Park when she backed out of the parking space and a cable caught and tore the right front fender and bumper back of her automobile. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. City Council Meeting - 9 - September 4, 1973 ORAL COMMUNICATIONS Joleen K. McPherson Mrs. McPherson explained the misunderstanding 427 Corte Maria regarding her concern with the amateur radio operation next door to her home. She was concerned when she heard the matter was turned over to the F.C.C. (Federal Communications Commission) as she felt they were not inter- ested with property values or aesthetics, only adherence to their communications control. Mrs. McPherson discussed the structures built in her neighbor's back yard to house his radio equipment, which she described as a "monstrosity" and felt it deteriorated the adjacent residence thus devaluating her property value. Paul Kincaid Mr. Kincaid submitted his resignation from 715 Nolan Avenue the Sa£ety Commission stating that as a result of a change of status in his employ- ment, he cannot now attend afternoon meetings. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the resignation be accepted with regret. Mr. Kincaid said he would make himself available for any special assignments the Council may have. ADJOURNMENT Mayor Hamilton adjourned the meeting at 7:52 p.m. to the meeting scheduled for Tuesday, September ll, 1973 at 7:00 p.m. City Clerk