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HomeMy WebLinkAboutcc min 1973/08/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 7, 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, Egdahl Councilmen absent: Councilman Hyde Also present: City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson, Personnel Analyst Van Beenen, Director of Parks and Recreation Hall 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 Hobel, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of July 24, 1973, be approved, copies having been sent to each Councilman. RESOLUTION NO. 6964 - Mr. and Mrs. Pattullo started attending Council COMMENDING CHARLES AND ELLA meetings, on a regular basis, in August 1963. PATTULLO ON TEN YEARS' Mayor Hamilton presented them joihtly with a REGULAR ATTENDANCE AT CITY Resolution and individually with a Key to the COUNCIL MEETINGS City in recognition of their attendance. Resolution offered Offered by Councilman Scott, the reading of the text was read by the City Clerk, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: None Absent: Councilman Hyde PUBLIC HEARING (CONTINUED) - This item was continued a few times since the CONSIDERATION OF APPEAL OF Environmental Impact Report had not been eom- FAIRWAY DOWNS, INC. OF pleted. PLANNING COMMISSION DENIAL OF ZONE CHANGE FROM R-E-20-F Planning Director Peterson reported that he has TO R-i-10-F FOR 4370 SWEETWATER verification from the Comity of San Diego that ROAD on June 5, 1973, the Board of Supervisors approved the contract to purchase the property. On June 7, 1973, title to the property was recorded in the ownership of the County of San Diego. Application filed It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the application be filed. PUBLIC HEARING (CONTINUED) At the request of the applicant, this item was CONSIDERATION OF APPEAL BY continued from the last meeting. It concerns CHULA VISTA OFFICE CENTER the Planning Commission denial of a freestanding OF PLANNING COMMISSION interior, illuminated directory sign proposed to DENIAL OF VARIANCE FOR SIGN be located adjacent to the front property line: AT 81S THIRD AVENUE 16-1/2 feet high, 190 square feet of sign area, containing 30 tenant signs. City Council Meeting - 2 - August 7, 1973 The Planning Commission approved a low profile, freestanding identification sign, set back 25 feet to 35 feet from the front property line - the design of the sign to be approved by staff. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the public hearing be continued to September 11, 1973, when a full Council will be present. PUBLIC HEARING - CONSIDERATION OF It was moved by Councilman Hobel, seconded by AMENDMENT TO ZONING ORDINANCE AND Councilman Scott and unanimously carried that ADOPTION OF DEVELOPMENT POLICY the public hearing be continued to September RELATING TO PLANNED UNIT 11, 1973, when a full Council will be present. DEVELOPMENTS ORDINANCE - AMENDING SECTIONS (Continued to September 11, 1973.) 33.502, 33.503, 33.601 AND 33.1312, AND DELETING SECTION 33.602, OF THE ZONING ORDINANCE, CHAPTER 33 OF THE CHULA VISTA CITY CODE, ALL RELATING TO PL~J~NED UNIT DEVELOPMENT PRO- CEDURE - First reading RESOLUTION - ADOPTING A POLICY (Continued to September 11, 1973.) FOR PLANNED UNIT DEVELOPMENTS PUBLIC HEARING - ORDERING Director of Public Works Cole submitted a plat FORMATION OF OPEN SPACE noting the boundaries of the proposed Open DISTRICT NO. 1 OF THE CITY Space District. He estimated the first year's OF CHULA VISTA AND APPROVAL cost for maintaining Phase 1 as $20,900. The OF THE SPREAD OF ASSESSMENTS assessments have been spread and determined for all assessed parcels lying within the subject Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. No protests noted In answer to Mr. Cole's query, the City Clerk stated she received no written protests. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6965 - Offered by Councilman Hobel, the reading of the ORDERING THE FORMATION OF CHULA text was waived by unanimous consent, passed VISTA OPEN SPACE DISTRICT NO. 1 and adopted by the following vote, to-wit: (EL RANCHO DEL REY) AND CONFIRMING AYES: Councilmen Hobel, Hamilton, Egdahl, THE ASSESSMENT THEREOF Scott Noes: None Absent: Councilman Hyde PUBLIC HEARING - CONSIDERATION OF AMENDMENT TO CHAPTER 33 OF THE CITY CODE ESTABLISHING "H" HILLSIDE MODIFYING DISTRICT AND ADOPTION OF HILLSIDE DEVELOPMENT POLICY Motion to continue It was moved by Councilman Scott~nd seeOnd~ by Councilman Egdahl%ka~ thi~ matter ~ ~on~ued · o September 11, 1973 City Council Meeting - 3 - August 7, 1973 Notification to owners Councilman Hobel questioned whether the owners of out-parcels of the out-parcels (adjacent to Gersten's properties) were notified of this proposal. Director of Planning Peterson stated his staff just met with the developers and engineering firms. Councilman Hobel asked that these other people be notified and informational data be sent to them prior to the September 11 meeting. Included in motion Councilman Scott stated he would include this in his motion; Councilman Egdahl agreed to the second and the motion carried unanimously. ORDINANCE - AMENDING SECTIONS (Continued to September 11, 197~.) 33.302 AND 33.601 OF CITY CODE TO INCLUDE "H" HILLSIDE MODIFYING DISTRICT - First reading RESOLUTION - ADOPTING A HILLSIDE (Continued to September 11~ 1975.) DEVELOPMENT POLICY RESOLUTION - CERTIFYING THE RESULT The City Clerk certified that she received OF THE EXAMINATION OF REFERENDUM 422 petitions for referendum containing a PETITIONS SUBMITTED REQUESTING THE total of 5,016 signatures. Of the first RESCISSION OF RESOLUTION NO. 6910 330 petitions checked, a total of 3,297 APPROVING THE GENERAL DEVELOPMENT signatures were verified. The total number PLAN AND SCHEDULE OF THE SPORTS required was 2,921 - 10% of the registered WORLD DEVELOPMENT, IN ACCORDANCE voters as last reported to the Secretary of WITH THE REQUIREM£NTS OF SECTION State by the County Clerk. 4051.3 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA, RECONSIDER- ING SAID RESOLUTION AND RESCINDING SAID RESOLUTION NO. 6910 Donald Worley, Attorney Mr. Worleysta~edhe is the attorney for Dr. Seltzer, Caplan, Wilkins & McMahon Leonard Bloom and wished to make the following 3003 Fourth Avenue recommendations: San Diego 1. With respect to the resolutions on the agenda tonight, that they be continued for a period of two weeks;and in the meantime, the City Attorney be directed to prepare appropriate accompanying ordinances (if he finds them to be legal and valid) - all with a view, in two weeks, of taking the following RESOLUTION - CERTIFYING THE RESULT action: OF THE EX~d~INATION OF REFERENDUM PETITIONS SUBMITTED REQUESTING THE a. That this Council rescind the previously RESCISSION OF RESOLUTION NO. 6910 adopted modification to the Sports World APPROVING THE GENERAL DEVELOPMENT General Development Plan (Resolution 6910). PLAN AND SCHEDULE OF THE SPORTS WORLD DEVELOPMENT, IN ACCORDANCE b. Adopt a resolution modifying the previous WITH THE REQUIREMENTS OF SECTION General Development Plan in the same way as 4051.3 OF THE ELECTIONS CODE OF the Sports World General Development Plan with THE STATE OF CALIFORNIA, RECONSIDER- the following exceptions: lNG SAID RESOLUTION AND HEREBY ~ DECLARING ITS INTENTION TO CALL A S (1) That that area which is presently designated SPECIAL ELECTION TO BE CONSOLIDATED "~port$ Arena" ¥ill instead be designated "~om- WITH THE SPECIAL STATE-WIDE ELECTION mercial-recreat~on." TO BE CONDUCTED ON NOVEMBER 6, 1973, (2) That a companion ordinance be adopted (or IN ACCORDANCE WITH THE PROVISIONS OF resolution, as may be appropriate) designating SECTION 4022 OF THE ELECTIONS CODE 0 that recreation-commercial area for a Sports OF THE STATE OF CALIFORNIA Arena, and immediately following adoption of such modification, that modification be voluntarily referred by this Council to a vote of the residents of Chula Vista at an election on November 6. City Council Meeting - 4 - August 7, 1973 Mr. Worley explained that the purpose of the proposals was to isolate the issue of the Sports Arena, and give the citizens of this city a chance to vote on that issue, which they feel is the crux of the opponent~ op- position to the Sports World Plan. At the same time, it would protect Dr. Bleom so that his entire Plan is not jeopardized by the opposition of the population to a Sports Arena. Council discussion Discussion ensued regarding the request and a legal opinion was requested. City Attorney Lindberg stated he could not give the Council an answer tonight, as he would like time to review it. He cautioned the Council that if an election was to be called to consolidate with the November 6 election, action by the Council must be taken no later than August 21, 1973. He advised the Council to continue the matter for two weeks, and he will prepare a report on Mr. Worley's request. Motion to continue It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be continued for two weeks - to the meeting of August 21, 1973. Councilman Egdahl asked that the City Attorney prepare his opinion as soon as possible and make it available to the general public, especially the "Concerned Citizens of Chula Vista." F~h~r Lassman Miss Lassman read the text of the petitions Rogan Road which were circulated, emphasizing the fact that although the Sports Arena was an issue, it was not the only issue - it was the entire development phase. She asked that the matter be continued until a full Council will be present (September 11). RESOLUTION NO. 6966 - Mr. Gary Van Beenen, Personnel Department, AUTHORIZING THE DIRECTOR OF explained that they recently received a PERSONNEL TO COMMENCE JOB federal grant in the amount of $18,116 from ANALYSIS AND RESTRUCTURING the United States Civil Service Commission PROJECT FUNDED BY A FEDER&L under the provisions of the Intergovernmental GRANT UNDER THE AUSPICES OF Personnel Act of 1970. This grant is to hire THE INTERGOVERNMENTAL a consultant to perform a detailed analysis PERSONNEL ACT OF 1970 of ten key bench mark positions within the classification structure in the City. The Selection Consultant Center of the California State Personnel Board has been selected to conduct the program. Discussion Council discussion followed as to the merits of the program. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde City Council Meeting - 5 - August 7, 1973 Recess A recess was called at 8:20 p.m. and the meeting reconvened at 8:37 p.m. RESOLUTION NO. 6967 - Under this contract, full-time employees are AMENDING CONTRACT BETWEEN THE defined as those "persons employed eight BOARD OF ADMINISTRATION OF hours per day where the intent at time of THE PUBLIC EMPLOYEES' hire is that they are to serve every work RETIREMENT SYSTEM AND THE CITY day for one month or more, become members on COUNCIL OF THE CITY OF CHULA date of entry into employment." The amend- VISTA ment changes the one month stipulation to six months. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6968 - A condition of approval for a parcel map sub- APPROVING AGREEMENT BETWEEN THE mitted by Vickery & White, Realtors, was that CITY OF CHULA VISTA AND SECURITY they not object to or oppose the formation of TITLE INSURANCE COMPANY AS any assessment district to underground faci- TRUSTEE OF ITS TRUST NO. lities which include their property. This P.T. 1405, SAN DIEGO, CALIFORNIA, property has now changed ownership--the new WAIVING REQUIREMENTS FOR UNDER- owner is Security Title Insurance Company and GROUNDING OF UTILITIES they have agreed to and have executed the required agreement. 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 Mobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6969 - The contract work for the parking lot and ACCEPTING PUBLIC IMPROVEMENTS - park facilities has been completed by the PARKING LOTS AND PARK FACILITIES contractor, Pacific Engineers. A final AT HALECREST PPdtK AND HILLTOP- inspection was made on July 23, 1973, which TELEGRAPH CANYON PARK showed all public improvements completed to the satisfaction of the Public Works Director and in accordance with the requirements of the City. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6970 - The improvements have been completed by the APPROVING AND ACCEPTING PUBLIC subdivider, Rancho Rios Developers/Odmark IMPROVEMENTS IN THAT CERTAIN Company, and a final inspection was made on SUBDIVISION KNOWN AND DESIGNATED July 23, 1973. The Public Works Director AS RANCHO RIOS UNIT NO. 3 reported that all of the public improvements in this subdivision have been completed to his satisfaction and in accordance with the requirements of the City. City Council Meeting - 6 - August 7, 1973 Questions concerning the swale In answer to Councilman Scott's query, Director of Public Works Cole indicated that the grading was completed, but additional work will have to be done. Part of this swale is in Unit No. 5 and will be completed at that time. A bond has been posted to insure this improvement. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6971 - The Director of Public Works reported that a APPROVING AND ACCEPTING PUBLIC final inspection was made on July 23, 1973, IMPROVEMENTS IN THAT CERTAIN of the public improvements in the subdivision. SUBDIVISION KNOWN AND They have been completed to his satisfaction DESIGNATED AS RANCHO RIOS and in accordance with the requirements of UNIT NO. 4 the City. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6972 - On March 19, 1973, the Planning Commission granted AUTHORIZING THE DEFERRAL OF a deferral of public improvements for this THE INSTALLATION OF CERTAIN property in conjunction with an application for PUBLIC IMPROVEMENTS ON THE a building permit. This action was conditioned PROPERTY OWNED BY JOHN F. upon posting a performance guarantee in the AND BERDINE McCRORY AT 435 amount of $2500. The property owners have JAMES COURT chosen to execute a lien agreement to serve as a performance guarantee. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Nobel, Hamilton Noes: None Absent: Councilman Hyde 1911 ACT ASSESSMENT DISTRICT The Superintendent of Streets reported that 73-1 REPORT BY SUPERINTENDENT the work done by Pacific Engineers on these OF STREETS ON COST OF CONSTRUC- 13 parcels has been performed to his satis- TION AND WORK DONE AT PUBLIC faction. ALLEYS BETWEEN GLOVER AVENUE AND FOURTH AVENUE FROM H STREET The cost of the improvements is $17,321.83, TO MANKATO STREET AND BETWEEN and the incidental expenses amounted to OTIS STREET AND H STREET FROM $4,450.89. SMITH AVENUE TO 364 FEET WESTERLY The spread of assessment will be made based upon the City bearing the incidental expenses and the property owners bearing the construc- tion costs. RESOLUTION NO. 6973 - The time of the public hearing is set for ACCEPTING ASSESSMENT DIAGRAMS August 28, 1973, at 7:00 p.m. AND SETTING THE DATE FOR PUBLIC HEARING ON SAID ASSESSMENTS-- SMITH AND MANKATO ALLEYS, ASSESSMENT DISTRICT #73-1 City Council Meeting - 7 - August 7, 1973 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6974 - The Engineering Division has investigated APPROVING THE USE OF MEMORIAL the feasibility of using the retention basin PARK AS A STORM WATER concept along the Central Basin as a means to RETENTION BASIN provide flood protection at reduced cost. The action of a retention basin is to control the maximum volume of storm water flowing past a given point in a drainage system. It was recommended that Memorial Park be used as a retention basin, and that sluice gates be installed on an interim basis to regulate the flow through two existing culverts crossing Fourth Avenue near the park until such time that downstream drainage facilities are im- proved to accommodate a reduced flow based upon the unrestricted capacity of the twin culverts. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6975 - On May 16, 1973, the City Council extended the EXTENDING THE MORATORIUM ON moratorium on the Bayfront Study area until CONSTRUCTION IN THE BAYFRONT August 19~ 1973. The Director of Planning AREA FROM AUGUST 19, 1973 TO recommended an extension to January 14, 1974, JANUARY 14, 1974 AND EXCLUDING in order to complete public hearings on the FROM SAID MORATORIUM THE Environmental Impact Report, General Plan CONSTRUCTION OF CERTAIN GREEN- amendment, zone changes and specific plans for HOUSES, WHICH ARE CONSIDERED this Bayfront area. It was also recommended to TO BE STRUCTURES OF A TEMPORARY exclude greenhouses from the moratorium. NATURE, ON CERTAIN AGRICULTURALLY USED LAND 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, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6976 - Section 1112 of the City Charter authorizes AUTHORIZING THE TR~SFER OF the Council to make transfers from the cash FUNDS FROM THE CASH BASIS basis fund from time to time as the need FUND TO THE GENERAL FUND arises to finance the operation of the City prior to the receipt of ad valorum tax revenues. The Director of Finance requested that the amount of $241,250 be transferred from the cash basis fund to the general fund, which amount will be returned by June 30, 1974. 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: City Council Meeting - 8 - August 7, 1973 AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6977 - The property at 10S First Avenue is presently AUTHORIZING THE DEFERRAL OF in escrow, being transferred from Mrs. Jeanne THE INSTALLATION OF PUBLIC Campbell to Lloyd Hanson.. Certain public IMPROVEMENTS ON THE PROPERTY improvements have been deferred since 1972 and OWNED BY LLOYD H. HANSON AT the present owner has on deposit $2,000 to 10S FIRST AVENUE AND AUTHORIZING secure said improvements. The new owner THE RELEASE OF CERTAIN FUNDS HELD wishes to clear the property by signing a lien AT CENTRAL FEDERAL SAVINGS AND agreement and releasing said funds. LOAN ASSOCIATION OF SAN DIEGO 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, Egdahl, Scott Noes: None Absent: Councilman Hyde ORDINANCE NO. 1483 - The ordinance spells out the requirements for AMENDING ARTICLES 1 AND 2 OF offsite undergrounding in conformance with CHAPTER 34 RELATING TO THE PUC (Public Utilities Commission) rules, and UNDERGROUNDING OF UTILITIES also the responsibility of the subdividers IN SUBDIVISIONS AND OF SERVICE and other property owners whose services may LINES IN NEW STRUCTURES OR be affected by undergrounding projects. CONDOMINIUM CONVERSIONS, BY RENUMBERING SECTIONS 34.1.1 Councilman Scott questioned the rationale of THROUGH 34.1.4 AND 34.2.1 having a "waiver" rather than a "deferral." THROUGH 34.2.3, TO 34.101 THROUGH He indicated that the City would lose all 34.104 AND 34.201 THROUGH 34.203, legal rights in granting a waiver. AND A~NDING SAID NEW SECTIONS 34.101, 34.102, 34.103, 34.104, City Attorney Lindberg explained that the 34.201 AND 34.203 - First reading provision was put in at the request of the San Diego Gas & Electric Company because they felt that in extremely rare circumstances, there may be a situation warranting a waiver. Mr. Lindberg concurred with Councilman Scott that the "waiver" should be eliminated and he would modify the ordinance accordingly. Ordinance placed on first reading It was moved by Councilman Scott that this ordinance be placed on its first reading with the modification on the "deferral" rather than the "waiverJ' 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, Egdahl Noes: None Absent: Councilman Hyde ORDINANCE NO. 1484 - The City Attorney recommended that a Certificate AMENDING CHAPTER 20 OF THE of Occupancy be required in the condominium CHULA VISTA CITY CODE BY conversion projects which will give the City ADDING THERETO A NEW ARTICLE better control over such conversions. 7, ENTITLED, "CONVERSION OF DWELLING UNITS TO INDEPENDENT OWNERSHIP"- First reading Ordinance placed on first reading It was moved by Councilman Egdahl that this ordinance be placed on its first reading and that reading of the text be waived by uB~nimous consent. The motion carried by the fo~ow~ng vote to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilmen Hyde City Council Minutes - 9 - August 7, 1973 ORDINANCE - AMENDING SECTIONS A new schedule of taxes upon new residential 3S.401 AND 35.402 OF ARTICLE construction and a conversion tax for con- 4 OF CHAPTER 35 OF THE CITY dominiums has been provided by the Planning CODE ADOPTING A NEW SCHEDULE Department. OF PAYMENTS OF THE RESIDENTIAL CONSTRUCTION TAX AND REQUIRING This new tax reflects a variable based upon A CONVERSION TAX AT THE SAME the number of bedrooms in a dwelling unit, RATE AS FOR MULTIPLE FAMILY and reflects the increasing cost for all DWELLING UNITS UPON THE CON- capital improvements. VERSION OF APARTMENTS OR PROJECTS TO CONDOMINIUM It also makes provision for taxes upon hotels OWNERSHIP - First reading or motels which also introduce additional people into the City, imposing a burden upon public facilities. City Manager Thomson requested that this ordinance be held over, as he wishes to consult with the Director of Finance on the question of the fund designation as an inclusion in the ordinance. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried to continue this ordinance for two weeks (to the meeting of August 21, 1973). INTERIM ORDINANCE NO. 1485 - The amendment to the Zoning Ordinance relative AMENDING SECTION 33.901 OF to condominium conversion would require a ARTICLE 9 OF CHAPTER 33 OF permit to be issued by the Planning Department THE CHULA VISTA CITY CODE BY allowing for the review of landscaping and ADDING THERETO A NEW SUB- parking in existing structures, permitting SECTION 37 RELATING TO LAND- some degree of control ever said landscaping SCAPING AND PARKING REQUIREMENTS and parking. FOR CONDOMINIUM CONVERSIONS - First reading and adoption Ordinance placed on first It was moved by Councilman Scott that this reading and adoption ordinance be placed on its first 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, Hobel, Hamilton, Egdahl Noes: None Absent: Councilman Hyde ORDINANCE - AMENDING SECTION In presenting this ordinance to the Council, 35.207 OF ARTICLE 2 OF CHAPTER City Attorney Lindberg explained that adjust- 35 OF THE CITY CODE RELATING ments have been made in both the fee schedule TO THE CRITERIA FOR PARK LAND and the amount of land required for dedication DEDICATION AND IN LIEU FEE in accordance with various types of housing. REQUIREMENTS - First reading Some slight reduction has been allowed for cluster housing, or Planned Unit Developments. It was felt that a minimal variation from the single family dwelling unit requirement is equitable in light of required open space and proposed reduction in the density bonus granted for PUDs (Planned Unit Developments). Motion to continue Councilman Scott noted that copies of the ordinance were just submitted to the Council and he has not had a chance to review the text. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this item be held over for two weeks (to the meeting of August 21, 1973). City Council Meeting - 10 - August 7, 1973 ORDINANCE NO. 1486 - In accordance with Council direction, the City AMENDING CHAPTER 1, ARTICLE 2, Attorney's office has prepared a revised OF THE CHULA VISTA CITY CODE procedural ordinance. The ordinance has some BY ADDING THERETO NEW SECTIONS substantive changes, primarily the insertion 1.201 THROUGH 1.239 AND of a Consent Calendar item on the agenda and REPEALING SECTIONS 1.14 THROUGH the placing of Oral Communications and Staff 1.41, ALL RELATING TO THE CITY Reports at the beginning of the agenda. In COUNCIL ORGANIZATION AND addition, the ordinance spells out in detail PROCEDURES - First reading certain basic parliamentary rules. Delivery of Council mailing Councilman Scott questioned the time element stipulated in the ordinance - "prior to 5:00 p.m. on Friday ..." City Clerk Fulasz explained that her office tries to adhere to this time element; however, sometimes because of the lateness of the items coming in, the breakdown of the xerox machine, etc., it becomes impossible to meet this dead- line. The Mayor suggested that the reference to the time element be deleted. Ordinance placed on first reading It was moved by Councilman Hobel that this ordinance be placed on its first reading with the deletion of the reference to the time element, "prior to 5:00 p.m. on Friday," and reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde ORDINANCE - AMENDING ARTICLE 8 The requirement for the establishment of a OF CHAPTER 28 OF THE CHULA VISTA contingency fund for the handling of extra- CITY CODE BY ADDING THERETO A ordinary maintenance or repair items has been NEW SECTION 28.803 RELATING TO so modified to allow for the deposit of such DEPOSIT REQUIREMENTS FOR funds in a financial institution chosen by the CONTINGENCY FUNDS FOR PLANNED developer. The reason for the fund is to insure UNIT DEVELOPMENTS AND CON- a proper maintenance capability in the interests DOMINIUM PROJECTS - First reading of the community surrounding such projects and not to interfere in the province of the Real Estate Commissioner. Director of Public Works Cole stated he was concerned about the contingency fund, since it stipulates that the money would only be re- leased upon authorization of the Director of Public Works. It would mean that his department would have to inspect all these improvements, and he felt they may be getting into an area which may be difficult to administer. Mr. Cole asked for a continuance of this item. Motion to continue It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this item be referred back to staff for restudy and recommendation. ORDINANCE NO. 1487 - This ordinance names the City as a party in AMENDING CHAPTER 28 OF THE CHULA all Planned Unit Developments and condominium VISTA CITY CODE BY ADDING THERETO subdivisions, as well as conversions to such A NEW ARTICLE 13, SECTION 28.1301, forms of ownership. RELATING TO THE REQUIREMENT FOR COVENANTS, CONDITIONS AND RESTRICTIONS OF PLANNED UNIT City Council Meeting - 11 - August 7, 1973 DE~ELOPMEigTS AND CONDOMtNIUM SUBDIVISIONS AND CONVERSIONS TO SUCH OWNERSHIP - First reading Ordinance placed on first reading It was moved by Councilman Scott that this ordinance be placed on its 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, Egdahl Noes: None Absent: Councilman Hyde RECOb~qENDATIONS FROM AMERICAN The Committee has made the following recom- REVOLUTION BICENTENNIAL mendations: CO~qlTTEE 1. The construction of a new library as the landmark building for the Bicentennial. Such building is to have a conference room and museum room. 2. Refurbishing the present library into a museum and community meeting hall. Letter to be written It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that no action be taken since there are other uses for the library building, if a new library is built. There are plans to put other city departments in there, and a letter is to be sent to the Bicentennial Committee explaining what the library will be used for. Designated as Landmark It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the new library, when it is constructed and if it is, be designated as a "Bieeirtennial landmark building." REQUEST FROM ROHR INDUSTRIES, The applicant requested approval of the INC., FOR ROMAG TICKET STATION construction of a 25-foot high, two-story MOCK-UP IN TIDELANDS AREA Romag Ticket Station mock-up measuring 7'8" by 26'S", approximately 1,000 feet south of G Street and 70 feet east of Tidelands Avenue behind an existing building. This area is within the Tidelands Zone which provides that the proposed accessory building is subject to review and approval by the fl~tanhing Commission ~dCOuncil. Approval granted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that approval be granted for this construction. Pilot project for Tidelands Councilman Egdahl commented that this would be a worthy thing to do down on the Tidelands. Councilman Scott agreed, noting that the station would be compatible, and the way it was laid out, it could be tied in as a pilot project in that area. City Council Meeting - 12 - August 7, 1973 RECO~qENDATIONS FROM HUMAN The Human Relations Commission reviewed the RELATIONS CO~ISSION recommendations made by the Youth Commission REGARDING CITY DANCE and took the following action: ORDINANCE NO. 911 1. The Dress Code be eliminated, except that shoes be worn. 2. Define "Junior Youth" as those students currently enrolled in a junior high school, and "Senior Youth" as those students cur- rently enrolled in a senior high school. Forbidding the mixing of "Senior" and "Junior" youths at dances is to remain in effect. 3. Prohibiting participants to leave a dance and come back - to remain in effect. 4. Separating "Senior" and "Junior" Youth (references throughout the ordinance) - to remain in effect. Tony Tieber, Chairman Mr. Tieber noted that the Parks and Recreation Parks and Recreation Commission Commission reviewed this in February 1972, along with the recommendations from the Chief of Police. They feel the Human Relations Commission is right in their recommendations, but also feel it is time to review the entire ordinance. Referred back to staff and It was moved by Councilman Hobel, seconded by commissions Councilman Scott and unanimously carried that this matter be sent back to the staff to coordinate the review of the total ordinance working with the three elements directly involved (Youth Commission, Human Relations, Parks and Recreation Commission). REQUEST FROM CHULA VISTA LIONS City Attorney Lindberg stated that 75% of the CLUB FOR PERMISSION TO USE gross proceeds of this event goes to the LAND AT FOURTH AND "F" STREET telephone solicitation; however, it is im- FOR ANNUAL CHILDREN'S CIRCUS possible to ascertain exactly what amount of gross proceeds goes to the payment of performers and necessary personnel. Mr. Lindberg added that he was assured that the Lions Club was staying within the limitations of the City ordinance which states that the majority of funds raised would be spent within the City and upon local civic concerns. The percentage going to the circus is rather sub- stantial, but Mr. Lindberg stated, there was no legal opposition in this regard, at this time. Request granted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the request be granted. ORDINANCE NO. 1476 - This ordinance was placed on first reading at AMENDING ZONING MAP OR MAPS the meeting of July 17, 1973, and at the ESTABLISHED BY SECTION 33.401 request of Frank E. Ferreira, the second OF THE CHULA VISTA CITY CODE, reading was continued to this meeting. REZONING THAT CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER The City Clerk noted a letter received from OF BONITA ROAD AND SANDALWOOD Mr. Ferreira's attorney asking that the DRIVE FROM R-3-D TO R-1 - ordinance be taken off the agenda, and the Second reading and adoption zoning remain in the R-3 category. City Council Meeting - 13 - August 7, 1973 Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on its 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 Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde ORDINANCE NO. 1482 - This ordinance was placed on its first reading AMENDING SECTIONS 1.623 AND at the meeting of July 24, 1973. At that 1.629 OF ARTICLE 6, CHAPTER 1, meeting, the Council directed that the Ethics OF THE CHULA VISTA CITY CODE Board, consisting of seven members, be named RELATING TO LIMITATIONS ON the Fair Election Committee. CAMPAIGN EXPENDITURES AND THE SELECTION OF A FAIR ELECTIONiCOMMITTEE - Second reading and adoption Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on its 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, Hobel, Hamilton, Egdahl Noes: None Absent: Councilman Hyde LIBRARY REPORT City Manager Thomson referred to the report just submitted to the Council concerning library costs and financing. EXECUTIVE SESSION City Manager Thomson requested an Executive Session on matters of personnel. It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that an Executive Session be called (after Oral Communications) for personnel matters. STATUS REPORT ON JOINT STUDY Director of Planning Peterson reported that WITH CITY AND COUNTY OF the matter has not been placed on the work SAN DIEGO - CASTLE PARK AREA program of either the City or County of San Diego. However, the new County Planning Director has set up a meeting for next Monday, in his office and hopefully, all parties will be present. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobe] and unanimously carried that the report be accepted. VISIT FROM MEMBER OF Mayor Hamilton announced that Mr. Claude S. DEPARTMENT OF TRANSPORTATION Brinegar, United States Department of Trans- portation, will be in Chula Vista on Thursday, August 9, to view a demonstration at Rohr Industries. Anyone wishing to contact Mr. Brinegar may call his office at 202-426-4250. City Council Meeting - 14 - August 7, 1973 LEAGUE OF CITIES MEETING Mayor Hamilton reported that the next League of California Cities dinner meeting will be held in Del Mar on August 16. Anyone wishing to make reservations should call the City Clerk. VISITORS AND CONVENTION BUREAU Mayor Hamilton asked for clarification of the motion made on July 3, 1973, regarding payments in arrears. He read the motion which stated that "payments to the Visitors and Convention Bureau could be in arrears until the third quarter." Councilman Scott stated that the intent of the motion was that the City pay quarterly until the third quarter, at which time an audit would be made. If, at that time, they did not come up with matching funds, no further money would be given them for the fourth quarter. SAN DIEGO TRANSIT Councilman Scott referred to the letter received from San Diego Transit Corporation stating the amount of $1900 could be used for advertising. Councilman Scott suggested this money could be used to promote San Diego Transit and the transfer system. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the staff look into this matter. MODEL HOMES REPRESENTATION Councilman Scott commented on going into the new subdivisions and looking at the model homes, which in some cases, do not represent what the homes will be. In some subdivisions, there is a planned unit development and the lots are smaller than 7,000 square feet, and in others, the model homes do not have a driveway - but landscaping is put in. He felt this was misleading to the public, and won- dered if something could be done about it - at least to make the model homes more representa- tive. City Attorney Lindberg stated he would take this problem to the Consumer Fraud Division of the District Attorney's office to see if something could be done about it. The elimination of the driveways and the insertion of landscaping area would be one area in which he feels the District Attorney would want to look at. SETBACK REQUIREMENTS FOR Councilman Hobel commented on the number of CO~qERCIAL BUILDINGS commercial buildings constructed within the last two years, and particularly those main- taining a deep setback giving the appearance of open space in front, with landscaped park- ing lots. He asked the Council to give serious consideration to any request for set- back reduction for these buildings in order to maintain more open space and prevent having the buildings being built right on the street. City Council Meeting - 15 - August 7, 1973 REQUEST TO BE EXCUSED Councilman Egdahl stated he would be out of FROM MEETINGS town and will miss the meetings of August 21, 28 and September 4, 1973. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that Councilman Egdahl be excused from attending these meetings. WRITTEN COMMUNICATIONS Request of David S. Gray, Mr. Gray asked for Council's support in com- 202 F Street, for support batting drug abuse in this area, and has in combatting drug abuse offered his services on a volunteer basis for the coming schoolyear to work with the pre- teens and teenagers. Mayor Hamilton indicated it should be the staff's discretion as to asking for Mr. Gray's services. He would suggest, as a possibility, having Mr. Gray with with the people of "Our House." Directed to staff It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that it be referred to staff to make this determination. Request for review of City Clerk Fulasz stated she received a call ordinance regarding serving from Attorney Lapin asking that this item be alcoholic beverages in removed from the agenda. He will notify her billiard parlors - when he wants it back on the agenda. Attorney Michael Lapin 110 West "A" Street San Diego Request for reduction of Mr. D. J. Palm, 1660 Oleander Avenue, acting speed limit on Oleander Avenue on behalf of several residents in this area, requested: 1. The 30 mph speed limit be changed to 25 mph. 2. Increased enforcement of the traffic regu- lations. 3. "Children at Play" signs be posted. Mr. Palm stated that he made this same re- quest to the Traffic Engineering Division in April 1973, and since then several children have been hit by cars and one child was recently killed. P~rtion of request granted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the staff be instructed to reduce the speed limit from 30 mph to 25 mph, effective as soon as possible, and an increase be made of the traffic enforcement in that area. Discussion In answer to Council's query, Director of Public Dis Works Cole stated the "Children at iPlay" signs would not be appropriate since the street is obviously not a place for children to play, and this is what would be indicated by the signs. Mr. Cole declared that any number of traffic signs can be put up there, but they would be useless unless strict police enforce- ment was made. City Council Meeting - 16 - August 7, 1973 Verified claim for damages - Mr. White has filed a verified claim for Herbye K. White, damages in the amount of $88. He claimed 8475 Innsdale Lane, that on July 13, 1973, at 2:00 p.m., while San Diego his car was parked at the east end of Rohr Park (lower parking lot facing Sweetwater Road) the hood was damaged by a member of the City tree trimming crew. Claim denied It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the claim be denied in order that it can be turned over to the City's insurance carrier for investigation. ORAL COMMUNICATIONS - Request for reduction of speed limit on Oleander Kenneth James Peterson Mr. Peterson stated that the action taken by 1546 Olive Street the Council tonight was "too quick and totally inadequate" -- the Council did not ask ques- tions of the people who came to speak on this item. He referred to his neighbor who spoke to the Council about one year ago con- cerning Sequoia Avenue. The Council explained that two of the three requests made by Mr. Palm were granted, and Oral Communications is open to everyone in the audience wishing to speak on this item or any other item. Mr. Peterson declared that the Council should have considered Sequoia Avenue also, since "it is all intertwined and you cannot separate Oleander from the other streets." Mrs. Dan L. Palm Mrs. Palm felt that Mr. Peterson wanted a 1660 Oleander Avenue survey of the rest of the neighborhood that feeds off Oleander Avenue. Motion to refer to Safety It was moved by Councilman Scott, seconded by Commission Councilman Egdahl and unanimously carried that this request be referred to the Safety Commis- sion so that this area can be studied and a report is to come back to the Council. Neil Haas Mr. Haas asked that the Council rescind its 1540 Oleander previous motion (on the reduction of speed limit) and refer this to the Safety Commission for a true evaluation. He felt that a reduc- tion of speed is not the answer--the accident involving the death of a child happened when the child ran out, and not because of any speed problem. Norman Faulkner Mr. Faulkner commented that the street is not 1657 Oleander Avenue marked for 30 mph; there is a high density of children in the area; it is a curved street; and cars are parked on both sides of the street at all times. City Council Meeting - 17 - August 7, 1973 William Edwards Mr. Edwards said he lives on top of the hill 1506 Oleander which curves down, and there is a street on the bottom of the hill; if you try to pull out, you cannot see the oncoming traffic from the north side. D. F. Palm Mr. Palm read a letter from Dr. Burton 1660 Oleander Tiffany, Superintendent of Schools, addressed to the Council, in support of the request for a reduction of speed limit and increased enforcement. Mr. Palm felt the action taken by the Council was the right decision. John Blotts Mr. Blotts thanked the Council for their 1664 Oleander action, and requested consideration in all future developments to "get away from the curved streets." Kathryn Moore Mrs. Moore stated that a new program starting 1134 Tobias Drive on September 5 on KPBS-TV (Channel 15) will air a new environmental series. This will be a 28-part instructional series which was filmed at 65 different locations in the United States, mostly in San Diego County. Mrs. Moore added that the program will be shown Wednesdays at 6:30 p.m., Thursdays at 6:30 a.m., and Saturdays at 1:30 p.m. EXECUTIVE SESSION The Council recessed to Executive Session at 10:00 p.m. and the meeting reconvened at 10:12 p.m. ADJOURN~IENT Mayor Hamilton adjourned the meeting at 10:13 p.m. to the meeting scheduled for Tuesday, August 21, 1973, at 7:00 p.m. TRANSCRIPT OF A PORTION OF THE MEETING OF AUGUST 7, 1973, BEGINNING WITH A STATEMENT BY: Donald Worley, Attorney For your record, my name is Donald Worley. Seltzer, Caplan, Wilkins I'm an attorney with the firm of Seltzer, and McMahon Caplan, Wilkins and McMahon, and my offices $005 Fourth Avenue are at 3003 Fourth Avenue, San Diego. I San Diego represent for you tonight Dr. Leonard Bloom. On behalf of Dr. Bloom and with his authority I would like to propose the following recommendation to this Council tonight -- that with respect to both resolutions, Items No. 7a and 7b, that consideration of those be continued for a period of two weeks. In the meantime, that the City Attorney be requested to prepare, if he finds such ordinances and resolutions to be lawful and valid, appro- priate accompanying ordinances as I will mention in a moment, all with a view in two weeks towards taking the following action: First of all that this Council would rescind a previously adopted modi- fication to the Sports World General Development Plan Councilman Scott: That's Resolution No. 69107 Worley: Yes sir. Mayor Hamilton: Rescind Resolution No. 69107 Worley: Secondly, adopt a resolution modifying the previous General Development Plan in the same way as the Sports World General Development Plan, with the following exception -- that that area which is presently designated "Sports Arena" will instead be designated "Commercial-Recreation." And finally, that a companion ordinance: be adopted, or a resolution, as may be appro- priate, designating that recreation-commercial area for a sports arena and that immediately following the adoption of such modification, that that modification be voluntarily referred by this Council to a vote of the residents of Chula Vista at the General Election on November 6. The purpose of this basic, if you will, package of proposals is essentially to isolate the issue of the Sports Arena, give the citizens of Chula Vista the opportunity to vote on that issue, which we feel is at the crux of the opponents' opposition to the Sports World Plan, so that the efforts of the citizens in collecting the signatures and so forth will not have gone for naught, and at the same time, protect my client, Dr. Bloom, so that his entire plan is not jeopardized by the opposition of the popu- lation, perhaps if they so determine at an election, to the Sports Arena. Councilman Scott: Mr. Mayor. Mayor Hamilton: Yes, Mr. Scott. Councilman Scott: Does this mean that if in fact this proposal was made that you would develop the property in that way you mentioned without the arena - Transcript - 8-7-73 Page 2 Scott (continued): the same plan we have now, without the Worley: If that plan were, if that modification t were adopted, and if the citizens then . v~ted not to allow the Sports Arena, then it would be developed as it is presently planned, without a sports arena. Councilman Scott: Now, what would be the difference in that and this proposal, Mr. Worley? That if in fact we put it to the electorate and then they voted down the Arena and the Council eliminated the Sports Arena. What would be the effective difference. Worley: I'm not so sure I understand your proposal. Councilman Scott: Okay. The proposal we have tonight is to rescind Resolution No. 6910 and of course what this would do -- and/or put it to a vote -- if it went to the electorate and the Sports Arena was defeated .... Worley: Well, the problem is... Councilman Scott: .... the law states briefly that you cant have the same plan unless it's significantly changed. Well, quite obviously, if you took out the Sports Arena that would be a signifi- cant or substantial change. So what I'm trying to find out is what the difference between your proposal and the proposal if, if in fact the, we, put it on the .... Well, let me understand. Your proposal is to Worley: then go forward and... Councilman Scott: No, I'm just asking. I'm not making any pro- posals at all. You're making proposals; I'm asking questions. Worley: You're saying, what is the difference between what I have proposed and simply allowing this, I thi~k it's the "b" ordinance to go forward on the ballot. Councilman Scott: Right. 7b. Worley: Well, the difference is that we don't feel that the issue of the Sports Arena is suffi- ciently isolated by having the entire Sports World modification to the General Development Plan go before the voters. It's not suffi- ciently isolated. Secondly, that would sus- pend all proceedings with respect to that property in the meantime. Councilman Scott: And, would you annex this land at .... Worley: Yeh. A companion ordinance would be a modi- fied ordinance concerning the annexation so that the annexation would become effective immediately, without the previous condition which we requested, which request you granted. ~4ayor Hamilton: The annexation would become effective before the vote? Worley: Presently, as I understand it, the annexation would not become effective until the modifi- cation of the General Development Plan becomes effective, and that is now stayed by operation of the Clerk's certification - that that now must either be rescinded or go before the voters. Transcript - 8-7-73 Page 3 Worley (continued): So that ordinance concerning the annexation would have to be changed. We would consent to a change which would in effect, within the thirty days, accomplish an immediate annexation of the property. Councilman Scott: But the point is that either way we would, if in fact we would put this on the ballot and it was defeated, we could take the arena off. You've already said that would be acceptable to you. So we'd have the same plan without the arena. You're sug- gesting now we modify the plan without the arena and then go to the people. And if the arena is defeated, we're exactly in the same place. So there must be some difference between the two .... Worley: Well, down the road, we might be in the same place, except that we would have to, we would have to wait for that action to be accomplished. There are certain things that could not be done in the interim - no plans could be processed on the property whatsoever for any aspect of the plan. We could not take advan- tage of a situation with the builders or contractors of Interstate 805 who are in a position to remove some dirt from the property at the present time if they can act quickly, which would be to our advantage --I think to the taxpayers' advantage and to the citi- zens of the City inasmuch as trucksful of dirt would not have to go through the streets of the City. Councilman Scott: So the effective difference then would b~ the results would be the same, but the difference that you're considering that you have an opportunity to, where if it went to the referendum now you couldn't do any planning, you couldn't do anything on that property, but the other way, you'd be able to do... Worley: That's the major difference. The other major difference is we would simply have to wait until the results of the referendum were announced and that would be up to this Council to take then whatever seemed appro- priate and I think it would be in everybody's best interest to settle all of the issues right now if possible, with that one limited exception, which is the issue of the arena alone, and that would go to the voters as I believe many voters want it to do, based on their petition'; Councilman Hobel: Mr. Mayor. Mr. Worley, then what you're saying is you're just isolating the 55 acres. Is that correct? Worley: If that's the number of acres devoted to, yeh. Councilman Hobel: Yes. Well, 52, 55. Worley: Yes, the Sports Arena designation. We're isolating that. That would be the issue to be put on the ballot. Councilman Hobel: Then, Mr. Mayor, if I can direct a question to the City Attorney. If we followed through with this proposal that Mr. Worley's making, in fact could they proceed with the develop- ment and that of the peripheral areas around that 55 acres? Transcript - 8-7-73 Page 4 Councilman Hobel (Continued) Since their plans have been tentatively approved, they don't have precise plans and that, but... Councilman Scott: (laugh) .... In concept! City Attorney: Mr. Mayor, Mr. Hobel, I must confess I can% give you a good answer at this time because I think that it's a matter that must be reviewed. I have prepared as of today a memo concerning the existing general development plan as approved for the Gersten project and I have indicated that I believe that plan is one that is effective today, will be effective were the resolution to be disapproved by the voters on November 6, but I've also added the caveat that cer- tainly the Council has indicated its desire to make modification to that plan. The proposal offered this evening is something that I would simply have to go into further detail on, even as to the workability of it. I don't know. Worley: That's why I suggested the two-week continuance. To give everybody a chance to think about it and to have the Attorney review it. Mayor Hamilton: What about the two-week delay? Would that throw us? City Attorney: Well, Mr. Mayor, if in fact there are feasible alternatives, they would all have to be placed in a package of options and alterna- tives because we must act as of August 21st in accordance with the directive of the Registrar of Voters, to call an election and whatever that election's going to be -- be the election on the referendum as is an obligation of the Council under the present law, or a voluntary referendum under, I gather, what is being suggested here, a substitute proposal that would isolate the Sports Arena. We cannot wait beyond the August 21st deadline. And I am not prepared to advise you as to the possi- bility of collecting that alternative. I am prepared to advise you that if you continue this matter for two weeks, it is possible to act at that juncture to get it placed upon the ballot, but that's the one option. Councilman Egdahl: Well, Mr. Mayor. If I may ask a couple of questions to the Attorney. Mayor Hamilton: Yes, you may. Councilman Egdahl: My understanding of the proposal of Mr. Worley would be that if we, in fact, rescind REsolution No. 6910, we have thereby complied with, or met the requirements, of the petition,.. City Attorney: Yes sir. Councilman Egdahl: ... and what he suggests from thereon including that, might that be interpreted as a kind of a "quarterback sneak" or an "end-run" around the intent of the petitioners? City Attorney: I won't comment on that. Worley: That's not our intent, Councilman Egdahl. Our intent really is to give them a better shot, Transcript - 8-7-73 Page 5 Worley (continued): which is to isolate the very issue, which is in contention. Councilman Egdahl: Well, maybe I should put the question this way then, without charging anybody with intent -- under the law, would it be seen in that kind of a gray area of action? City Attorney: Again I must say that at this particular time I cannot answer that. I would have to examine it more closely. I don't want to use that expression that I've told Councilman Scott when I say never say "at this point in time," because I've heard so often the past few weeks, under different circumstances. Councilman Scott: (comment) City Attorney: But I think that it is clear that the Council is obligated to take one of two actions-- to rescind the resolution or to place the matter on a special election. If they select to rescind the matter, they are obligated, they are allowed to proceed with the development of the area so long as i~ there is substantial change. They may not re- introduce the same proposal within a one- year period. Now this is the one thing that concerns me from listening to Mr. Worley's comments. I don't know whether the attempt here to bifurcate the situation and isolate the arena if we would not in fact be re- introducing the package within the one-year period, and that is something that I would have to examine, frankly. Councilman Egdahl: If we rescind the resolution, then the plan that we (blurred word) as the Gersten plan which could not be undertaken without an Environmental Impact Report, and without much further action by the Council -- would that be true? City Attorney That's true. I would only comment that the Gersten plan, the prezoning, having been adopted at least two years ago and I don't know what the exact date on that is, although I do recall having gone through it, the plan necessitates the introduction of tentative maps and other discretionary acts of the Council which would require some sort of declaration from the Environ- mental Review Committee and the probability of an Environmental Impact Report element to that plan. Councilman Egdahl: If this suggested action by Mr. Worley were to be done by the Council, effecting a, and you determine that it would be a substantial change from the plan as we've had it, would such a substantial change require a new Environmental Impact Report? Under our procedure? City Attorney: I believe it would in terms of a: change of location of the various elements of the plan, certainly what we've talked about previously is to the argument that we've made that no new Environmental Impact Report would be required where we simply are mitigating, if we are leaving things in the generally same situation reduoing traffic, reducing density, reducing all of the elements that have an impact on the environment, then Transcript - 8-7-73 Page 6 City Attorney (continued) we would of course reiterate our position that no new Environmental Impact Report would be required. But, without taking a look at the entire matter and having our Environmental Review Committee review it, I couldn't really answer that at this point. We don't see before us the comparatives here at all. Councilman Hobel: Mr. Mayor. We're faced with another problem here and that is the fact that this is a radical, I don't mean request, but a deviation. We're not going to have a full Council here until September llth, and it would be my strong desire that we not consider, realizing the Attorney's got to have two weeks to get his ducks lined up, that we could take action on something like this without a full Council. Mayor Hamilton: Well, we'd have to do it anyway to, one way or the other, if we took action on what he's proposed or what's before us tonight. (what's before us tonight) Councilman Hobel: Well, okay ... to me doesn't require every Councilman to be here. They've all been through it, they know what ~his is tonight, but what Mr. Worley's proposing is consi- derably different. Just once more for the record would you repeat - I don't want to say the word "motive" - why, as repre- sentative of Dr. Bloom, that you are making this request. Worley: Well, basically, we want to isolate the issue of the Sports Arena. That is the crux, · the opposition, of the opponents to the Sports World General Development Plan - the presence in that plan of a Sports Arena. There may be others who object to other elements, but the over- whelming majority clearly, of the oppo- nents now, object to the Sports Arena. We feel that when the whole plan goes before the voters, as it would undoubtedly do if the Council too~ that alternative rather than recission - and we would clearly rather have it go to the voters than have it rescinded - we don't think that that adequately brings that issue to the voters. Furthermore, it jeopardizes all of the plan and subjects it simply to objection to the Sports Arena .... Councilman Hobel: Well, I'm not sure .... Worley: .... and in the meantime, of course, then we can accomplish other things with respect to that property which would be beneficial to the property, to Dr. Bloom and to the City ..... (blurred) everybody what they're looking for. Councilman Hobel: I can't agree with you at this point that this is their only concern. In the way they've conveyed it over the months as I sat up here and listened to it, the Sports Arena is one element of it... Worley: I agree it is not their only concern. Councilman Hobel: .... I think their concerns reach a lot further than that, if I read them correctly. Transcript - 8-7-73 Page 7 Worley: But I think the concern of the majority of them is the Sports Arena. That's the way I would interpret it. Mayor Hamilton: Mr. Egdahl, will you be here on the 21st? Councilman Egdahl: No, but Mr. Hyde will be. In effect, as I see it, you would have time to research the legalities of this and you still have the time to take action on "a" or "b" as we have them before us tonight. Worley: It may sound ridiculous, but .... Councilman Egdahl: That's the last time action can be taken, excuse me. But that would be the last date that some kind of action has to be taken. City Attorney: Well, I might say, that when I say that that is the last time action can be taken, it is the last time, according to the Registrar of Voters, that action could be taken if an election were decided upon to be con- solidated with that November 6th date. Certainly, the Council's obligation is to act within a reasonable time upon the certification presented by the City Clerk to this body and they could have an election at some date other than November 6th. Of course we hopefully could shoot for that date because of the cost factor. Councilman Egdahl That would be my feeling...the cost factor as the Council has indicated. Mayor Hamilton: Well, essentially, all that, if we did put this off for two weeks, we still have to make a decision on either rescinding the resolution or calling for a vote or looking at some of the requests as made here. Is that correct? Worley: First and foremost, it gives us all more time, up to the maximum time that we can take and still get on the ballot for November 6th. But, it does give us time; it gives us opportunity to explore these opportunities and to examine, explore these alternatives, and to examine. Councilman Scott: Mr. Mayor, it seems that absolutely nothing~s lost by extending it and it looks like it's not a feasible plan, but I'm' not to say it is, therefore, I move we hold it over for two weeks, until the next Council meeting. Councilman Egdahl I second the motion. Mayor Hamilton: Motion's made and s~onded. At least during that period of time the opponents have more that they're concerned about, they will have the opportunity to make that known. Any further discussion under this motion? Cast your vote. (The motion carried unanimously.) Item carried. Resolutions 7a and 7b have been held over, with a request as placed on the tape. Councilman Egdahl: Mr. Mayor, I would request that the, we request of the City Attorney's office in preparing an opinion regarding these proposed Transcript - 8-7-73 Page 8 Councilman Egdahl (continued): proposals from Dr. Bloom's attorney, Mr. Worley, that they be prepared as quickly as possible and that they be available to She general public - certainly to the people who are involved, the Citizens Concerned Group, that they also have a change to get some reading on this and have a right to sppak their minds. City Attorney: Mr. Mayor, we certainly will make every effort in that direction and '~I might add that certainly our communications have been good with the attorney's repre- senting the Concerned Citizens. I'm not so sure how good our relationship will be with the Court, since I'm afraid that, predicated upon a guess as to Council action tonight, I have filed certain points in authorities for a hearing that is coming up on Friday which indicates the action of the Council tonight as setting an election for November 6th. I shall have to try and make quick modification to those arguments. Mayor Hamilton: Any other questions of Mr. Worley? Worley: Thank you, Mr. Mayor. Mayor Hamilton: Thank you. Mrs. Lassman, you have five minutes. Esther Lassman: My name is Esther Lassman, I live on Rogan Road, and I tonight represent Citizens Concerned. Now, if I may read to Mr. Worley from the petition that was circu- lated, and here it is - "To the City Council of Chula Vista, Cal}fornia - we, the undersigned, being duly qualified and registered voters of the City of Chula Vista, California, and constituting not less than 10% of those who are voters of said City, hereby protest against passage of the legislative act providing approval of Dr. Leonard Bloom's Sports World Project, which consisted of the adoption of the fol- lowing resolution, Resolution No. 6910 entitled, Resolution of the City Coo~cil of the City of Chula Vista approving the modification of the General Development Plan dnd General Development Schedule for a portion of that property known as E1 Rancho del Rey, adopted by the City Conncil on July 3, 1973. We request the City Council to reconsider said legislative act and rescind the same or submit the same to the voters at a special election called for this purpose. I'd like to remind Mr. Worley that in circulating this petition the Sports Arena was not the prime target; it was the Sports Arena, one; the development phase itself, two; it was what we had called the premature shopping center to be put in long before housing and the demand for said shopping center there, three; it was never, and I don't think it will be the Sports Arena, per se. It is the Sports World Project. Now we circulated the petition for that said Sports World Project. Now, for Worley to isolate the Sports Arena and say this is what 5,000 signers signed the petition for, we don't want a Sports Arena, that is not a fact. We don't want the Sports World Project as it has been presented Transcript - 8-7-73 Page 9 Esther Lassman (continued): to the City of Chula Vista. And I would like to make that correction for Mr. Worley's information. Furthermore, since our own attorney is not here -- he's out of town this evening im pursuit of our own business -- I would like to ask, since the City Council has maintained it has given a full and fair hearing to the citizens of this community on this entire proceeding, that they turn around and give themselves an equally full and fair hearing - and for a full hearing I think we need a full Council. I've learned from Mr. Lindberg that Mr. Hyde will be absent until mid-August and Mr. Egdahl will be gone before Mr. Hyde returns and that none of them will be here for a full Council meeting until September llth. I would like to ask for a continuance until that full Council is present. This is my request to the City Council. Mayor Hamilton: Thank you.