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HomeMy WebLinkAboutcc min 1973/08/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 21, 1973 A regular meeting of the City Council 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, Hobel, Hamilton, Hyde Councilmen absent: Councilman Egdahl Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, Director of Personnel McCabe, Acting Director of Finance Hackett 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 and seconded by Councilman Hobel that the minutes of the meeting of August 7, 1973 be approved, copies having been sent to each Councilman. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl Abstain: Councilman Hyde PRESENTATION OF 20-YEAR Mayor Hamilton presented "Dewey" Hughes, SERVICE PIN TO DU~dqE HUGHES Associate Civil Engineer in the Engineering Division of the Public Works Department, with a twenty-year service pin. SPORTS WORLD Esther Lassman Miss Lassman stated she represents "Citizens Rogan Road Concerned for Chula Vista" and urged the City Council to rescind Resolution No. 6910 (Approving the General Development Plan and Schedule of the Sports World Development). She read a letter, dated August 17, 1973, addressed to the City Council in which she reported on an analysis made by Dr. Frederick D. Sebold of California State University at San Diego. Dr. Sebold's analysis indicated that the Sports World project would be a financial burden to the City of Chula Vista. Report to be made available Miss Lassman stated that this report, or analysis, prepared by Dr. Sebold would be available to the public. City Manager Thomson requested a copy be provided his office for study. Clarence Knight Mr. Knight read a letter to the Editor of 117 Jefferson the Star-News as it appeared in the August 19, 1973 issue. The article was written by a person who signed the referendum petition, but was not against the Sports World Project. Mr. Knight remarked that he is in favor of the project and feels that the City need private enterprise. City Council Meeting - 2 - August 21, 1973 Carole Smith Mrs. Smith asked that clarification be given 87 F Street by the City Council that the City will not be forced to accept the E1 Rancho del Rey plan without modification if the Sports World plan is defeated. She asked that the Council openly state that "acre for acre, foot for foot" conditions will be imposed on Mr. Gersten's project as they have been on Dr. Bloom's project. Land use alternative for area Discussion ensued on what would happen to the area in question if the Sports World plan were to fail. City Attorney Lindberg stated that the Council cannot make land use proposals without holding public hearings. Councilman Scott remarked that there has been a distortion of facts. It should be made clear to the people that the "Gersten Plan" is subject to modification and will have to follow the normal channels (public hearings, etc.) and is not "fixed" as the plan of record were the Sports World plan to fail. City Attorney Lindberg commented that if there were to be a desire to implement the Gersten plan there would at least have to be a modification of the existing Environ- mental Impact Report with all of the pro- cesses. As he understands it, there has not been any clear-cut acceptance of the Gersten plan as such, even with the Environmental Impact Report. Hillside development ordinance Councilman Hyde asked if provisions of a hillside development ordinance (if approved) would be applicable to any development. City Attorney Lindberg indicated they would, if so applied, but simple adoption of the ordinance would not automatically make it applicable to a project. Donald Worley, Attorney Mr. Worley stated he represents Dr. Leonard Seltzer, Caplan, Wilkins & McMahon Bloom. He asked that his previous requests 3003 Fourth Avenue of August 7, 1973 concerning isolation of the San Diego Sports Arena be withdrawn and that the Council, upon determination that the signatures on the referendum petitions are correct, valid and certifiable, place the Sports World issue on the ballot for vote of the citizens of Chula Vista. Mr. Worley stated he had been authorized by Dr. Bloom to demonstrate his commitment to the City of Chula Vista and asked the Council to bring back Ordinance No. 1472, "Approving Sports World Phase I Annexation" for considera- tion of removing the condition attached to it-- that condition being that the annexation shall not become effective until such time and on such date as Resolution No. 6910, amending the General Development Plan of the Sports World P-C zone, shall become final and be in full force and effect--and allow immediate annexa- tion of the property. Motion to bring back It was moved by Councilman Scott, seconded by annexation ordinance Councilman Hyde and unanimously carried that Ordinance No. 1472 be brought back for recon- sideration. City Council Meeting - 3 - August 21, 1973 Clarification of area involved In answer to Councilman Hyde's inquiry, City Attorney Lindberg explained that the area involved would be 391 acres, that which has been approved by LAFCO (Local Agency Formation Commission). Michael Witte, Attorney Mr. Witte, representing Citizens Concerned for Chula Vista, inquired as to whether or not the ordinance being brought back for reconsideration would be subject to public hearings. Public hearings on City Attorney Lindberg explained that the annexation ordinance necessity would be to repeal the existing ordinance and bring back a resolution setting that matter for public hearing. RESOLUTION - CERTIFYING THE RESULT Consideration of this resolution was continued OF THE EXAMINATION OF REFERENDUM from the meeting of August 7, 1973. It PETITIONS SUBMITTED REQUESTING THE certified the results of examination of the RESCISSION OF RESOLUTION NO. 6910 referendum petitions and declares Resolution APPROVING THE GENERAL DEVELOPMENT No. 6910 to be of no further force and effect. PLAN AND SCHEDULE OF THE SPORTS WORLD DEVELOPMENT, IN ACCORDANCE The Council took no action on this resolution. WITH THE REQUIREMENTS OF SECTION 4051.3 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA, RECONSIDER- ING SAID RESOLUTION AND RESCINDING SAID RESOLUTION NO. 6910 RESOLUTION NO. 6978 - This resolution was prepared for the Council CERTIFYING THE RESULT OF THE meeting of August 7 and at that time was con- EXAMINATION OF REFERENDUM PETITIONS tinued to this meeting for consideration. It SUBMITTED REQUESTING THE RESCISSION certifies the results of examination of the OF RESOLUTION NO. 6910 APPROVING referendum petitions and declares intention THE GENERAL DEVELOPMENT PLAN AND to call a special election to be consolidated SCHEDULE OF THE SPORTS WORLD DEVELOP- with the special State-wide election on MENT, IN ACCORDANCE WITH THE REQUIRE- November 6, 1973. MENTS OF SECTION 4051.3 OF THE ELEC- TIONS CODE OF THE STATE OF CALIFORNIA, RECONSIDERING SAID RESOLUTION AND HEREBY DECLARING ITS INTENTION TO CALL A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE SPECIAL STATE-WIDE ELECTION TO BE CONDUCTED ON NOVEMBER 6, 1973, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4022 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl EMERGENCY ORDINANCE NO. 1488 - This ordinance gives notice of a referendum ORDERING, CALLING, PROVIDING election and orders it consolidated with FOR AND GIVING NOTICE OF A the special State-wide election to be held SPECIAL ELECTION TO BE HELD on November 6, 1973. IN CHULA VISTA ON NOVEMBER 6, 1973 FOR THE PURPOSE OF SUB- MITTING TO THE QUALIFIED VOTERS OF SAID CITY A REFERENDUM MEA- SURE TO APPROVE OR DISAPPROVE THE GENERAL DEVELOPMENT PLAN OF SPORTS WORLD - First reading and adoption City Council Meeting - 4 - August 21, 1973 Ordinance placed on first It was moved by Councilman Hobel that this reading and adoption ordinance be placed on first 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 Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6979 - This resolution requests the consolidation of REQUESTING THE BOARD OF SUPERVISORS the special election as mandated by the OF THE COUNTY OF SAN DIEGO TO referendum with the special election for the CONSOLIDATE THE SPECIAL ELECTION Reagan tax initiative on November 6, 1973. OF SAID CITY TO CONSIDER THE APPROVAL OR DISAPPROVAL OF RESOLUTION NO. 6910 APPROVING THE GENERAL DEVELOPblENT PLAN AND SCHEDULE OF THE SPORTS WORLD DEVELOPMENT IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 4051.3 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 6, 1973 WITH THE SPECIAL STATE-WIDE ELECTION TO BE HELD ON THE SAME DATE Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6980 - This resolution requests the Registrar of REQUESTING THE BOARD OF SUPERVISORS Voters to conduct the special election on OF THE COUNTY OF SAN DIEGO TO behalf of the City of Chula Vista to be PERMIT THE REGISTRAR OF VOTERS held on November 6, 1973. OF SAID COUNTY TO CONDUCT THE SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE SPECIAL STATE-WIDE ELECTION TO BE HELD ON NOVEMBER 6, 1973 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl Mayor Hamilton clarified, for the benefit of people in the audience, that the matter of the annexation will require a public hearing and that said hearing will be with proper notification. City Attorney Lindberg remarked that the Sports World issue has now been set for an election, and that policy established by the Council and as governed by the Procedural Ordinance, has been that this forum would not be used either pro or con on any election is issues. City Council Meeting - 5 - August 21, 1973 As of this time, there will be no further pronouncements, either pro or con, regarding the Sports World Development at the Council hearings, except as may arise at the hearings on the annexation, which comments would be confined to the relative issues of the annexa- tion itself. Limitation of campaign City Attorney Lindberg stated he would notify expenditures the District Attorney that he (~he District Attorney) is now the legal enforcement officer, along with~the Fair Election Committee, for campaign expenditures related to the Sports World issue. RECESS A recess was called at 7:58 p.m. and the meeting recenvened at 8:05 p.m. REVENUE S~ARING PLANED The Council unanimously agreed that this item USE REPORT (No. 23 on the agenda) could be meved up on the agenda for earlier consideration, due to the number of people in attendance at the meeting interested in this matter. Deadline for report City Manager Thomson remarked that a statement of intended uses of these funds must be filed by September 14th; this information also must be published before filing the report. Scheduled for Council It was moved by Councilman Scott, seconded by Conference Mayor Hamilton and unanimously carried that this item be scheduled for discussion at an Adjourned Regular Meeting on Wednesday, August 29, 1973 at 7:00 p.m. RESOLUTION NO. 6981 - A proposal submitted by the Controller for the APPROVING THAT CERTAIN Otay Municipal Water District requested a fee AMMENDMENT TO THE AGREEMENT increase to 20¢ for the collection of sewer BETWEEN THE CITY OF CHULA service charges. VISTA AND THE OTAY MUNICIPAL WATER DISTRICT ^erin§ Director of Finance Hackett reported PROVIDING FOR THE BILLING that this increase was reviewed by his depart- AND COLLECTION OF SANITARY ment and appears to be consistent with the SEWER SERVICE CHARGES fees charged by other water districts for the same type of service. In answer to Councilman Hobel's question, City Manager Thomson stated that the City presently pays at a rate of 10¢. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6982 Director of Public Works Cole reported that APPROVING AGREEMENT BETWEEN Chula Vista, National City and the Unified THE CITY OF CHULA VISTA AND Port District have agreed in principle to THE STATE OF CALIFORNIA FOR participate in the connection of Route 1-5/54 CONSTRUCTION OF THE SOUTH interchange with Tidelands Avenue and that the LEG OF THE WESTERLY CONNECTION City has already entered into an agreement BETWEEN ROUTE 5/54 INTER- with the State to accomplish the work of CHANGE AND TIDELANDS AVENUE right-of-way acquisition and utility relocai tion requried to construct this work. City Council Meeting - 6 - August 21, 1973 The Division of Highways has prepared an agreement covering participation by the City and the State in construction of this connection and Mr. Cole, in his report, outlined the provisions of the agreements, adding that it will not be effective or binding until similar agreements are executed between the State Division of High- ways and the Unified Port District and the Cityof National City. It is estimated that the City's share of the cost will be $531,000.00. Discussion In answer to Councilman Hobel's inquiry Director of Public Works Cole stated that all concerned agencies have indicated, either by resolution or other means, that they would enter into this agreement. He added that the total project to accomodate the connection to Tidelands Avenue is approxi- mately $4-1/2 million. If the other cities and the Port District withdraw support, the project becomes State-funded and will stand to compete with other State-funded projects, then going on to a priority basis. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6983 - One of the conditions of approval of the ACCEPTING GRANT OF tentative subdivision map for Southwestern EASEMENT FROM ALLIED College Estates Units 8 and 9 was for the CONTRACTORS, INC. developer to offer an easement for street FOR STREET PURPOSES purposes for Rutgers Avenue from its exist- ing northern terminus to the future "H" Street and for "HU Street northerly of the proposed subdivision on an alignment to be determined by the Engineering Division. In compliance with this condition, the de- veloper, Allied Contractors, Inc. has sub- mitted a corporation grant deed, granting to the City of Chula Vista said easement. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6984 - In a report to the Council, Director of Public AUTHORIZING THE DEFERRAL OF Works Cole explained that on July 11, 1973, the THE INSTALLATION OF CERTAIN Planning Commission granted a deferral of public PUBLIC IMPROVEMENTS ON THE improvements at 3850 Palm Drive in conjunction PROPERTY OWNED BY JAMES W. AND with an application for a building permit, said PATRICIA A. WATKINS AT 3850 action conditioned upon posting a performance PALM DRIVE IN THE CITY OF bond in the amount of $2,500. The property CHULA VISTA owners have chosen to execute a lien agreement to serve as a performance guarantee. City Council Meeting - 7 - August 21, 1973 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6985 - On November 14, 1972, the Council approved APPROVING AGREEMENT BETWEEN an agreement with Stanford L. Optner and THE CITY OF CHULA VISTA AND Associates, Ink for consultant services STANFORD L. OPTNER AND in connection with the integrated traffic ASSOCIATES, INC., CONSULTANT records system. Because of scheduling FOR INTEGRATED TRAFFIC difficulties, this agreement became void RECORDS SYSTEM, FOR FISCAL on June 30, 1973 and a revised agreement YEAR 1973-74 rescheduling this project for the 1973-74 fiscal year has been prepared. Resolution offered Offered b7 Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6986 - Director of Public Works Cole explained APPROVING AGREEMENT BETWEEN that a tentative parcel map has been submitted THE CITY OF CHULA VISTA AND for property located on Third Avenue and JENNINGS HOM TO PROVIDE Quintard Street and certified by the Planning DRAINAGE IMPROVEMENTS FOR THE and Engineering Departments subject to cer- PROPERTY ON THIRD AVENUE AND rain requirements, one of which is the pro- QUINTARD STREET vision for necessary drainage improvements and easements as required by the City Engineer. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION - ACCEPTING AND Section 7 of ordinances granting a 25-year APPROVING ADMINISTRATIVE MANUAL franchise to San Diego Gas and Electric PURSUANT TO THE FRANCHISE Company specifies that both parties shall GRANTED TO THE SAN DIEGO GAS cooperate in the preparation of an administra- AND ELECTRIC COMPANY FOR THE tive manual. Director of Public Works Cole DISTRIBUTION AND TRANSMISSION submitted a proposed draft of the subject OF GAS AND ELECTRIC SERVICE manual, prepared with the cooperation of IN THE CITY OF CHULA VISTA the San Diego Gas and Electric Company staff. The manual has been reviewed and approved by the City Attorney. Held over for Council Conference It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this matter be held over for a Council Conference at which all Council members could be in attendance as well as representation by San Diego Gas and Electric Company. City Council Meeting - 8 - August 21, 1973 The Council directed the City Clerk's office to advise the Council of a date when there will be a full Council. RESOLUTION NO. 6987 - Director of Public Works Cole submitted a ACCEPTING PROPOSAL OF BEMENT- report to the Council on the storm drain DAINWOOD-STURGEON FOR FIELD facilities constructed in "J" Street between INVESTIGATION OF STORM DRAIN East Park Lane and Church Avenue. He asked FACILITIES ON "J" STREET that the Council approve a proposal retaining the firm of Bement-Dainwood-Sturgeon to make an investigation of the pipe failure and recommend a method of correcting the defi- ciencies. Expenditures for consultant services as required will be from Gas Tax Account 141-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 Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6988 - The Parks and Recreation Department in coopera- ACCEPTING INFORMAL BIDS tion with the Building and Housing Department AND AWARDING CONTRACT is constructing rest rooms at the Chula Vista FOR MASONRY WALL CONSTRUCTION- Municipal Golf Course. These rest rooms were PR-l-72 GOLF COURSE REST ROOMS being totally constructed by use of City forces labor. A review by the Building and Housing Department revealed that it would be more economical to have the block wall contracted to a private concern. Director of Parks and Recreation Hall reported that the following bids were received: Mr. Paul C. Nielsen $2,507 Mr. Paul Lozano 2,530 Mr. Thompson 2,800 Castorena's Masonry 3,209 Of the four bids received, Mr. Hall recommended that the contract be awarded to Paul C. Nielsen, who submitted the low bid of $2,507. Councilman Hobel questioned the amount noted in the financial statement of the staff report ($6,000). Assistant City Manager Bourcier stated that this amount, the total appro- priation, also covers materials for the slab, sewer hook-up, electrical work and roofing. Labor would be done by City forces. 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: Councilman Egdahl City Council Meeting - 9 - August 21, 1973 ORDINANCE NO. 1489 - City Manager Thomson reported that the State LEVYING TAXES ON ALL PROPERTY Government Code, Section 51511, requires IN THE CITY OF CHULA VISTA FOR annually, before September 1, the City Council THE FISCAL YEAR 1973-74 - First shall fix the rate of taxes upon each one reading and adoption hundred dollars, using as a basis the value of the property as assessed and equalized. The rate shall be forwarded to the County Auditor. This ordinance calls for a total tax rate of $1.45 per $100 assessed valuation for fiscal 1973-74, which maintains the tax rate of fiscal 1972-73. Ordinance placed on first It was moved by Councilman Scott that this reading and adoption ordinance be placed on first 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 Noes: None Absent: Councilman Egdahl ORDINANCE NO. 1490 - Director of Planning Peterson reported that APPROVING HOM'S THIRD AVENUE the annexation contains 1.66 acres located ANNEXATION - First reading in the vicinity of Third Avenue and Quintard Street. The properties have been prezoned C-T and R-3-P. The annexation was approved by LAFC0 (Local Agency Formation Commission) on July 2, 1973. Ordinance placed on first reading It was moved by Councilman Scott that this 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 Scott, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Egdahl RECO~ENDATION FOR "FINE FREE The Library Board of Trustees recommended that LIBRARY DAY" the Youth Commission's recommendation for a "Fine Free Library Day" be approved and implemented at a time designated by the City's Librarian. Recommendation approved It was moved by Councilman Hyde, seconded by Councilman Scott an d unanimously carried that the recommendation be approved. RECO~ENDATION FOR OCTOBER 13, The Library Board of Trustees recommended that 1973 TO BE DESIGNATED AS "BOOK the Council adopt a resolution stated that FAIR DAY" October 13, 1973 be designated as "Book Fair Day" in support of the Friends of the Library's "Book Fair" at Norman Park Center. Recommendation approved It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the recommendation be approved. City Council Meeting - 10 - August 21, 1973 STATUS REPORT - JOINT Chula Vista's Human Relations Commission con- POWERS AGREEMENT WITH sidered the matter of the City joining in a SAN DIEGO HB2qAN Joint Powers Agreement with the San Diego RELATIONS COMMISSION Human Relations Commission at its meeting of August 8, 1973. The Commission determined a change should be made in the agreement allowing the City better representation on the Commission's Board if the City were to become a member. Report accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. ORDINANCE NO. 1483 - This ordinance concerning the undergrounding AMENDING ARTICLES 1 AND 2 OF of utilities was modified in accordance with CHAPTER 34 RELATING TO THE the discussions conducted at the Council UNDERGROUNDING OF UTILITIES Conference of July 25, 1973, certain recom- IN SUBDIVISIONS AND OF SERVICE mendations put forward by the San Diego Gas LINES IN NEW STRUCTURES OR and Electric Company and direction given by CONDOMINIUM CONVERSIONS, BY Council at the meeting of August 7, 1973 RENUMBERING SECTIONS 34.1.1 at which time the ordinance was placed on THROUGH 34.1.4 AND 34.2.1 first reading. THROUGH 34.2.3 TO 34.101 THROUGH 34.104 AND 34.201 THROUGH 34.203 AND AMENDING SAID NEW SECTIONS 34.101, 34.102, 34.103~ 34.104, 34.201 and 34.203 - Second reading and adoption Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption 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 Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl ORDINANCE NO. 1484 - City Attorney Lindberg recommended that AMENDING CHAPTER 20 OF THE Certificates of Occupancy be required in CITY CODE BY ADDING THERETO condominium conversion projects which will A NEW ARTICLE 7 ENTITLED give the City better control over such "CONDOMINIUM CONVERSIONS," conversions. AND SECTION 20.701 ENTITLED "CERTIFICATE OF OCCUPANCY" This ordinance was placed on first reading at REQUIREMENTS - Second the meeting of August 7, 1973. reading and adoption Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption 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 Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl City Council Meeting - 11 - August 21, 1973 ORDINANCE NO. 1486 - In accordance with Council direction, the AMENDING CHAPTER 1, ARTICLE 2 City Attorney prepared a revised procedural OF THE CHULA VISTA CITY CODE ordinance. This ordinance includes the BY ADDING THERETO NEW SECTIONS insertion of a Consent Calendar Item on 1.201 THROUGH 1.239 AND REPEALING the Agenda and places oral communications SECTIONS 1.14 THROUGH 1.41, ALL and staff reports at the beginning of the RELATING TO THE CITY COUNCIL Agenda. In addition, the ordinance spells ORGANIZATION AND PROCEDURES - out in detail certain basic parliamentary Second reading and adoption rules. The ordinance was placed on first reading at the meeting of August 7, 1973. "Oral Con~nunications" Councilman Hyde questioned the section on "Oral Communications" (Sec. 1.205, Article 5). The City Attorney explained that this Article states that people wishing to speak to items which are not on the ~must submit their requests with the City Clerk not later than 9:00 a.m. the Friday preceding the meeting. Ordinance placed on second It was moved by Councilman Hyde that this reading and adoption 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 Hyde, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl ORDINANCE NO. 1487 - City Attorney Lindberg explained that it is AMENDING CHAPTER 28 OF THE desirable that the City be named as a party CITY CODE BY ADDING THERETO in all Planned Unit Development and condominium A NEW ARTICLE 13, SECTION 28.1301, subdivisions, as well as conversions to such RELATING TO THE REQUIREMENT FOR forms of ownership. COVENANTS, CONDITIONS AND RESTRICTIONS OF PLANNED UNIT This ordinance was placed on first reading at DEVELOPMENT AND CONDOMINIUM SUB- the meeting of August 7, 1973. DIVISIONS AND CONVERSIONS TO SUCH OWNERSHIP - Second reading and adoption Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption 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 Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl ORDINANCE NO. 1491 - City Attorney Lindberg explained that this AMENDING SECTIONS 35.401 AND ordinance has been amended to provide 35.402 OF ]URTICLE 4 OF CHAPTER specifically for the creation of a residential 35 OF THE CHULA VISTA CITY CODE construction/conversion fund in the capital ADOPTING A NEW SCHEDULE OF PAY- improvement fund classification. MENTS OF THE RESIDENTIAL CONSTRUCTION TAX, AND REQUIRING A Consideration of this ordinance was held over CONVERSION TAX AT THE SALVE RATE to this meeting from the meeting of August 7, AS FOR MULTIPLE FAMILY DWELLING 1973. UNITS UPON THE CONVERSION OF APARTMENTS OR PROJECTS TO CONDOMINIUM OWNERSHIP - First reading City Council Meeting - 12 - August 21, 1973 In answer to Councilman Hyde's inquiry on Article 2, Section 35.402, City Attorney Lindberg explained that the tax on mobile homes will be collected in connection with the Certificate of Occupancy. The tax would be collected only once on each slab. Ordinance placed on first reading It was moved by Councilman Hyde that this 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, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl ORDINANCE NO. 1492 - City Attorney Lindberg explained that adjust- AMENDING SECTION 35.207 OF ments have been made in both the fee ARTICLE 2 OF CHAPTER 35 OF schedule and the amount of land required for THE CHULA VISTA CITY CODE dedication in accordance with various types RELATING TO THE CRITERIA of housing. Some slight reduction has been FOR PARK LAND DEDICATION AND allowed for cluster housing, or PUDs (planned IN-LIEU FEE REQUIREMENTS - unit developments). Variations are made First reading based upon the number of bedrooms. An attempt has been made to spell out the sub- divider's responsibility for park development as well as park land dedication. This matter was first considered at the Council meeting of August 7, 1973 and was continued to this meeting. Ordinance placed on first It was moved by Councilman Hobel that this reading ordinance be placed on its first reading and that reading of the text be waived by The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl INTERIM REPORT ON MODIFICATION Director of Public Works Cole explained that OF ALIGNMENT OF TIDELANDS three alternative alignments for Tidelands AVENUE AS IT REI~TES TO THE Avenue have been studied: BAYFRONT STUDY (a) - Presently adopted precise plan alignment; (b) - Proposed alignment per the Bayfront Study; (c) - Currently proposed alignment by the Engineering Division. Mr. Cole discussed each of the alignments in detail, explaining the basic differences between each alternative. He added that his department endeavored to match the require- ments of the Bayfront Study as close as possible and still come as close to what is existing or proposed. The Bayfront Plan had a curvilinear plan which would necessitate redesign of the bridge, an additional expense. City Council Meeting - 13 - August 21, 1973 Mr. Cole remarked that the difference in the cost of the ramps as proposed in the Bayfront Study as opposed to what the State has designed is about $135,000. ?he Department of Engineering is recommending approval in concept of Route "C" as currently proposed. Environmental Impact Report In answer to Councilman Scott's inquiry, Director of Public Works Cole stated the construction phase of this would go to the Coastal Commission and an EIR (Environmental Impact Report) would be required. Interim report accepted and It was moved by Councilman Hobel, seconded by recommendation endorsed Councilman Hyde and unanimously carried that the interim report of the Director of Public Works be accepted and the recommendation of the Department of Engineering for Route "C" be endorsed in concept. TRANSMITTAL OF REVISED SIGN In a report to the Council, Director of ORDINANCE Planning Peterson stated that this proposed, revised ordinance represents a modification to the basic ordinance which attempts to strengthen the weaknesses uncovered over the past few years. The revised ordinance differs from the existing ordinance as to: (1) specifics for a definite height and area allowed for each sign, (2) regulations applicable to the various com- mercial zones are more similar, (3) free- standing signs are now allowed in all com- mercial zones as a matter of right, (4) area allowed for freestanding signs is pro- portional to the amount of street frontage of the parcel, maximum height reduced to 35 feet and maximum area is reduced to 150 square feet, (5) identification of up to five tenants is allowed on freestanding signs, (6) flexibility has been introduced by expanding types of signs, (7) projecting signs are now allowed to extend above the roof line or parapet of a building, (8) conformance with revised ordinance would be required in accordance with abatement schedule, and (9) minor changes are included such as prohibition of all external bracing, in- creasing the allowance for window signs to 20%, deleting prohibition against neon tubing, and establishing criteria for unclassified uses and other unique commercial enterprises. Ordinance to be distributed to It was moved by Councilman Hobel, seconded by business community, sign industry Councilman Scott and unanimously carried that and interested citizens staff be directed to distribute copies of the ordinance to the business community, the sign industry and interested citizens and to solicit their comments prior to setting the item for public hearing before the Planning Commission. OFFICE SPACE FOR SUPERVISOR Mayor Hamilton referred to a letter from JACK WALSH Supervisor Jack Walsh, dated August 10, 1973, in which he asked the City to consider the possibility of locating a desk in the Civic Center which would serve as a part-time staff office location for him. City Council Meeting - 14 - August 21, 1973 Referred to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this be referred to staff for recommendation. EDGEMERE BRIDGE Correspondence from Supervisor Jack Walsh, dated August 2, 1973, indicated a desire for more discussion on the size of the bridge to be constructed at Edgemere. Meeting to be scheduled It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that a meeting be scheduled in September with presence of a full Council and staff to discuss this matter with Supervisor Walsh and County staff. BOAT MAINTENANCE - At meetings of the Parks and Recreation "J" STREET MARINA Commission on July 19 and August 16, 1973, the Commission recommended to the Council that suitable fresh water facilities be made available at the "J" Street marina for the purpose of proper boat maintenance, such as cleaning boats, flushing boat engines, and the like. Port Commissioner to be It was moved by Mayor Hamilton, seconded by contacted Councilman Scott and unanimously carried that the Mayor contact the City's member on the Port Commission to see if such faci- lities can be provided. TRAFFIC CONDITIONS AT THE Councilman Scott remarked that he received POST OFFICE comments on the traffic conditions at the post office -- apparently the moving of the mailboxes from along the street to the parking area is causing a parking problem. Referred to Safety Commission tt was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this matter be referred to the Safety Com- mission. FINANCIAL DISCLOSURE ORDINANCE Councilman Scott commented on the County's ordinance regarding disclosure of assets and that the City of Chula Vista should also have such an ordinance for at least Councilmen. Ordinance to be prepared It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that staff be directed to bring forth an ordinance for the Council or whomever they believe to be appropriate for a full disclosure of assets. Councilman Scott indicated he would like to see this apply to candidates, upon filing for office, as well, if this is appropriate. TENTATIVE ANNEXATIONS Councilman Scott referred to the City Manager's correspondence of August 17, 1973 in which Mr. Thomson discussed proposals for annexing two large areas east of the City. City Council Meeting - 15 - August 21, 1973 Annexation policies set for In was moved by Councilman Scott, seconded by Council Conference Councilman Hyde and unanimously carried that a general policy on annexations be set for a Council Conference in the near future. The Council unanimously ~gre~ i that this be scheduled for the~Adjourned Regular Meeting set for August 29, 1973 at 7:00 p.m. to be discussed if time allows. PRISON FACILITY, BOYS' Councilman Scott cited an article which REHABILITATION CENTER, appeared in the Union-Tribune on August 14, CHEMICAL DISPOSAL PLANT 1973, relative to investigation of the Chula Vista area as a possible place to locate a federal corrections institute for youths, perhaps to be combined with the County's proposed boys' rehabilitation center, to be located on a site off Otay Valley Road, east of Interstate 805. He asked that more infor- mation be made available for Council considera- tion. Mayor Hamilton remarked that this matter had been discussed briefly at a meeting with Supervisor Walsh and that more information was forthcoming on this as well as the possibility of locating a pyrolysis plant in the same general area. Mayor Hamilton indicated he would contact Supervisor Walsh to inquire on the progress of these matters. TRAFFIC SIGNALS In answer to Councilman Hobel's inquiry, Director of Public Works Cole stated that synchronization of the City's traffic signals should take place on or about September 1, 1973. VETERANS' REPRESENTATIVE Councilman Hobel suggested that more publicity be given to the fact that the Veterans Administration provides the services of one of its representatives who is available to assist people on Friday afternoons in the office of the City Council. BEAUTIFICATION AWARDS BANQUET Councilman Hyde commented on the Beautification Awards Banquet to be held on October 4, and requested members of the Council to submit nominations for community recognition awards to him at the next regular Council meeting, August 28. DOWNTOWN REDEVELOPMENT Councilman Hyde spoke about his recent trip through the City of Santa Cruz, California, where a downtown redevelopment project has taken place. He provided the City Clerk's office, members of the Council, the Parking Place Commission, City Manager and Director of Planning with a copy of a pamphlet pub- lished by the City of Santa Cruz illustrating the history of this redevelopment. City Council Meeting - 16 - August 21, 1973 FENCING OF HILLTOP- Councilman Hyde discussed the City Manager's TELEGRAPH CANYON PARK correspondence dated August 15, 1973, relative to this matter in which he indicated two of the property owners have expressed a willing- ness to proceed with fence construction on a 50-50 basis with the City. One of the pro- perty owners, Mr. Dean Butterfield, is anxious to pursue fence construction and has asked if the City would allow him to erect a fence subject to later 50% City reimbursement if and when the other owners participate with the City. Standards for fencing Council discussed the need for setting standards for the t~pe of fencing to be used. Councilman Hyde suggested that Mr. Butterfield be allowed to proceed with the fencing of his property and that the City would share the costs as indicated and that the fence would be suitable for the entire park. Fragmentation of participation Councilman Hobel spoke against fragmenting property owners' participation like this. Standards to be set, City to match It was moved by Councilman Scott, seconded by those who meet criteria and Mayor Hamilton and unanimously carried that property owners to be notified the City set standards for a fence around Hilltop-Telegraph Canyon Park and if anybody wants to put up fencing on a one-by-one basis that the City will match those that meet that criteria and that this be communicated to all of the property owners involved. LIBRARY Councilman Hyde commented on the recent study made by the City Manager's office on a new library. Set for Adjourned Council Meeting It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this be set for discussion at an Adjourned Regular Meeting on September 26, 1973. MOTION FOR EXECUTIVE SESSION It was moved by Mayor Hamilton~ seconded by Councilman Hyde and unanimously carried that an Executive Session be held at the end of this meeting for personnel matters and pending litigation. WRITTEN COMMUNICATIONS Request from South Bay Family Mr. Lenley R. Hawksworth, Executive Director Y.M.C.A. to hold "World's Largest of the South Bay Family Y.M.C.A. requested Garage Sale" Council permission to use the old post office building and surrounding parking areas to hold its annual "World's Largest Garage Sale" on October 13 and 20, 1973. He stated per- mission of the Postmaster has been asked as well. Forwarded to Postmaster It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that this request be forwarded to the Postmaster, Mr. Copp, and that the South Bay Family Y.M.C.A. be notified that this is the part from whom permission should be obtained. City Council Meeting - 17 i August 21, 1973 Verified claim for damages - A verified claim for damages in the amount George Q. Rodriguez, Ricky of $303,550 has been filed by Attorney Arnold Smith, Thomas Craig Frederick Hetter on behalf of his clients, Stephens, Ralph Francis George ~. Rodriguez, Ricky Arnold Smith, Morr~son Thomas Craig Stephens and Ralph Francis Morrison. Mr. Hetter claims that his clients were assaulted, battered and subjected to extreme mental distress by a Chula Vista City Police Officer in an incident occurring on August 4, 1973 in the vicinity of Hilltop and Naples. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this claim be denied and turned over to the City's insurance carrier for in- vestigation. Request for use of land Cub Scout Pack 895 requested permission to at corner of Fourth and "F" use the northeast corner of Fourth Avenue Street to hold Muscular and F Street to hold a "Muscular Dystrophy Dystrophy Carnival Carnival" on September 8, 1973. They also requested a w~iv~r of the fees. Request granted subject to staff It was moved by Councilman Hyde, seconded by conditions Councilman Hobel and unanimously carried that this request be approved subject to conditions of staff. Request from Bonita Business The Board of Directors of the Bonita Business and Professional Association and Professional Association is asking that for replacement of traffic the traffic island on Bonita Road be island with two-way left turn replaced with a two-way left turn lane. lane Referred to Safety Commission It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this request be referred to the Safety Commission. Verified claim for damages - A verified claim in the amount of $561.01 was Joyce Kolodzi6j., 486 F Street filed by Joyce Kolodziej for damages caused her vehicle in an accident involving a vehicle driven by a Chula Vista Police Officer. She claimed that on July 30 at 8:29 p.m. in the area of Hilltop and Oxford Street, the officer's vehicle struck and damaged hers while responding to an emergency call. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this claim be denied and turned over to the City's insurance carrier for investigationl ORAL CO~B~UNICATIONS Richard Kayser Mr. Kayser spoke on the unresolved problem of 1644 Oleander Avenue children playing in the streets, specifically Oleander Avenue and Tanoak Court, and asked that an investigation be made of this area. During discussion of this it was brought out by members of the Council that parental guidance plays a big part in keeping children off the streets. City Council Meeting - 18~- August 21, 1973 Ken Wood Mr. Wood stated he represents the Chula Vista 5694 Sweetwater Road Chamber of Commerce and referred to correspon- Bonita dence received by the Chamber and forwarded to the Council relative to the library needs of Chula Vista, and requested that the ~glonal approach be studied. Mayor Hamilton remarked that he had cor- responded with Supervisor Walsh in regard to money collected (15¢ per head) in the County in the City's sphere of influence and has not yet received a reply. Mr. Wood stated that the Chamber has not yet endorsed any specific location for a library. EXECUTIVE SESSION The Council recessed to Executive Session at 9:16 p.m. and the meeting reconvened at 10:28 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:30 p.m. to the meeting scheduled for Tuesday, August 28, 1973 at 7:00 p.m. Deputy ~i~ Clerk