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HomeMy WebLinkAboutcc min 1973/05/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 22, 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, Egdahl Councilmen absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, Director of Parks and Recreation Hall, Police Chief Winters, Environmental Review Coordinator Reid, Assistant Planner Quinney The pledge of allegiance to the Flag was led hy Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of May 15, 1973, be approved, copies having been sent to each Councilman. PROCLAMATION FOR Mayor Hamilton presented a proclamation pro- "SWEET ADBLINES DAY" claiming June 2, 1973, as "Sweot Adelines Day" IN THE CITY OF CHULA VISTA in the City of Chula Vista. The group then proceeded to sing a selection from its annual show to be held at Southwestern College on June 2, 1973. INTRODUCTION OF STUDENT Mayor Hamilton presented Mrs. Muriel Bartlett, PARTICIPANTS OF District Representative for the American Field FOREIGN EXCHANGE PROGRAM Service, who introduced the student partici- pants of the foreign exchange program. The students, representing the countries of Brazil, Denmark, England, Ethiopia, France, Italy, Sweden and Yugoslavia are attending Bonita, Bonita Vista, Castle Park, Chula Vista and Hilltop High Schools. Mayor Hamilton pre- sented each of the students and Mrs. Bartlett with a certificate of recognition. PRESENTATION ON PROPOSED Mayor Hamilton stated he had been contacted by BONITA-SUNNYSIDE/OTAY MERGER a representative of the Otay Municipal Water District who indicated that Mr. Chapman, Pres- ident of the Board of Directors, would be un- able to attend this meeting. Mayor Hamilton remarked that the purpose of this presentation was to help the Council in some determination as to how to approach this subject before the Board of Supervisors at its scheduled meeting of May 23, 1973. Motion for representation It was moved by Councilman Scott, seconded by and affirmation of Council's Councilman Hyde and unanimously carried that position at Board of the Council have a representative at the Board Supervisors' Meeting of Supervisors' meeting stating the Council's position that it feels the proposed merger is premature until the final study is made for the consolidation of the fire districts in the South Bay area. PUBLIC HEARING - In a report to the Council, Director of plan- CONSIDERATION 0F APPEAL ning Feter&on explained that in December, 1970, BY MANUEL MACHAD0 OF th~ Planning Commiss-ion approved a conditional PLANNING COMMISSION use permit for "major auto repair" at the rear ACTION DENYING REQUEST of 24 Broadway. A representative for the FOR CONDITIONAL USE original applicant indicated no auto body re- PERMIT PCC-72-31 TO pair work would be done. However, no condi- OPERATE AN AUTO BODY tions prohibiting auto body repair were REPAIR AND PAINT SHOP AT included in the resolution adopted by the Com- THE REAR OF 24 BROADWAY mission. ~hen the present applicant requested IN C-T ZONE a business license for auto body and paint work, a zoning permit was issued. After a complaint was received regarding excessive noise, review of past minutes revealed it was not the intent of the Commission to approve a body and paint operation. The present appli- cant was advised to cease the body shop opera- tion and apply for a conditional use permit if he wished to continue. The Planning Commission recommended denial of the conditional use permit, the basis being the operation's proximity to a single-family residence. A petition has been submitted containing the signatures of twenty-four residents in the area stating they do not object to the pro- posed operation. Public hearing opened This being the time and place as advertised, the public hearing was declared opened. William B. O'Neil, Attorney Mr. O'Neil stated he represents the applicant 2054 State Street in this matter and reviewed the history of the San Diego appeal. He added, in reference to the state- ment of the original applicant's representa- tive that no auto body repair work would be done, that this representative was the appli- cant's father who noted the applicant was out of town, ant that "he was not aware of any auto body repair situation." Mr. O'Neil further traced the ownerships of this opera- tion up to the present time and explained that Mr. Weiss, as the present sole owner of the R & W Body Shop, has complied in every way as far as hours of operation, permits, etc. Mr. O'Neil questioned the authenticity of the film and tape recording presented by the plaintiff at the Planning Commission meeting at which this permit was considered and sub- sequently denied. Mr. O'Neil remarked that a move of this paint business would be an extreme hardship on the owner. Mr. Bernard Hertzel Mr. Hertzel spoke against the appeal, stating 618 Sea Vale the operation contributes to both noise and air pollution, functions at irregular hours and, due to the proximity to his home, is quite disturbing. Mr. Hertzel presented a film of the operation as taken from his back fence as well as a tape recording. In answer to Councilman Egdahl's query, Direc- tor of Planning Peterson stated the applicant was asked to stop the operation, but once the application was filed the operation commenced again. He added that as long as the matter is pending action of the Commission or the Council the operation has been allowed to continue. Mr, pet~rson atatad the distance between the bui.lding (outside of ~hich much of the paint- ing takes place) and the fence of Mr. Hertzel is approximately, forty-six feet. James Matherly Mr. Matherly spoke against the appeal, 402 0aklawn Avenue expressing sympathy for th~ property owner (Mr. Hertzel). Anita Hertzel Mrs. Hertzel reitereated the position Mr. 618 Sea Vale Hertzel had taken against the appeal, adding that it would be difficult to even sell her home because of the noise and pollution factor. Mr. O'Neil, in rebuttal, stated the films shown hy Mr. Hertzel were taken months ago, prior to the present owner's operation; the hours of operation are regular and not beyond reason; and he feels the sound on the tape was amplified. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Motion to deny appeal It was moved by Councilman Egdahl and seconded by Councilman Hyde that the appeal be denied on the same basis as that of the Planning Commission. Rearrangement of operation In answer to Mayor Hamilton's question as to the possibility of arranging the operation in another way as to stop the pollutant factors towards the surrounding residents, Director of Planning Peterson stated he did not think this would be possible; there would still be the question of compatibility of land uses. Mr. Peterson added that the Zoning Officer has made periodic trips to observe this opera- tion, and has not observed any operation for a long time beyond 6:00 p.m. or on the week- ends. Suggestion for Council Councilman Scott suggested this matter be review continued to allow the Council to personally view the situation before making a decision. Councilman Egdahl stated his willingness to continue this item. Substitute motion It was m6ved by Councilman Scott and seconded by Councilman Hobel that this item be con- tinued to the meeting of June 5, 1975, to allow the Council an opportunity to observe the operation prior to making a decision. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None Mayor Hamilton noted that the public hearing on this item has been closed and the decision only is being continued for two weeks. - 3 - PUBLIC HEARING - Director of planni.ng Peteraon reported that CONSIDERATION OF APPEAL on April 16, 1973, th~ Planning Commission BY MOBIL OIL CORPORATION denied the appellant'$ request to construct OF PLANNING CO~qISSION a self-serve gasoline station on approximately DENYING CONDITIONAL USE one acre of land in the I-L (limited indus- PERMIT APPLICATION trial) zone at 950 Industrial Boulevard. The PCC-73-10 FOR CONSTRUCTION Commission determined that this site is not OF SELF-SERVE SERVICE well suited for service station development. STATION AT 950 INDUSTRIAL BOULEVARD IN I-L ZONE Mr. Peterson indicated that the appellant has based his appeal on the original contention that this self-service station is the highest and best use for this property and that this facility will serve the public convenience. No conflict of interest Councilman Scott stated he had been advised by the City Attorney that his employment as manager of three self-service gas stations does not constitute a conflict of interest in this matter. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Andy Hemblin Mr. Hemblin stated he is a senior real estate Mobil Oil Corporation representative with Mobil Oil Corporation and 1883 E. Harbor Drive this corporation is seeking Council approval San Diego of a conditional use permit to construct this station. He added the corporation has entered into a long-term lease with Mr. Robert Carlin on this property. Mr. Hemblin outlined the advantages of this kind of station, noting specifically the good freeway access~ 24-hour service, clean stream- lined appearance, no repair work, control over safety requirements, and customer savings. Mr. Hemblin indicated he would be willing to meet with the Planning staff to make any changes they feel necessary in this configura- tion. Me added that if there is objection to the "self-serve" idea he would consider talk- ing about a conventional service station at this locale. He believes, however, there is a need for a self-serve station at this type of interchange. F. L. Kinney Mr. Kinney spoke in favor of this appeal for 284-A Third Avenue four reasons: (1) feels developments on Industrial Boulevard would not be harmed by this use, (2) good tax base, (3) would draw traffic off the freeway thereby promoting business in the community, and (4) smog control. Rose Duncan Ms. Duncan spoke in favor of the appeal par- 258 Stansville ticularly because of the 24-hour service offered by the proposed station. James Matherly Mr. Matherly spoke against the appeal and asked 402 Oaklawn Avenue that the Planning Commission recommendation be upheld. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Discussion Discussion ensued on the approximate size of the site (30,000 square feet). Director of Planning Peterson indicated the vacant portion of the site would be devoted to off-street parking. In answer to Councilman Egdahl's - 4 - in~u~.r~, Hr. peteraon stated ~ would be pos- sible to attach, hr zoniBg procedure, a pre- cise plan designator to the entire area, including the site for the service station and the proposed light industrial development, in order that the whole area be coordinated (landscaping, etc.) thereby enhancing that particular entrance to the City. Motion to deny appeal It was moved by Councilman Hobel and seconded by Councilman Hyde that the appeal be denied. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Egdahl, Scott Noes: Mayor Hamilton Absent: None Motion to initiate It was moved by Councilman Scott and seconded rezoning proceedings by Councilman Hyde that proceedings be ini- tiated to the Planning Commission to have this "island" of land looked at for the pos- sibility of rezoning on a precise plan basis. Amendment to motion Councilman Egdahl suggested, as an amendment to the motion, that all parcels in this area be considered for "P" modifying district. Councilman Scott agreed to include the amend- ment in his motion; Councilman Hyde agreed to the second. Motion carried The motion, as amended, carried by the follow- ing vote, to-wit: AYES: Councilmen Scott, Hobel, ttamilton, Hyde, Egdahl Noes: None Absent: None RECESS A recess was called at 8:50 p.m. and the meet- ing reconvened at 9:00 p.m. CONSIDERATION OF APPEAL This item was continued from the Council meet- OF SPORTS WORLD lng of May 8, 1973, so that transcripts could ENVIRONMENTAL IMPACT REPORT be prepared for Council study. City Attorney Lindberg stated that at this point it is incumbent upon the Council to make a determination as to the appeal, considering the adequacy and thoroughness of the Environ- mental Impact Report which had previously been approved by the Planning Commission. Motion to deny appeal It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the appeal be denied. STAFF RECOMMENDATION In a report to the Council, Director of Plan- REGARDING CONDITIONS OF ning Peterson outlined the conditions of ap- APPROVAL OF THE SPORTS proval of this plan as recommended by both WORLD AMENDMENT TO THE staff and the Planning Commission. He added EL RANCHO DEL REY GENERAL that the Planning Commission has presented DEVELOPMENT PLAN two alternate recommendations: (1) denial; (2) referral back to the applicant for revi- sion to conform with Council's previous direc- tion, with future approval to be subject to conditions as recommended by staff in the report of May 15, 1973, and the additional conditions recommended by the Planning Com- mission on May 14, 1973. Revised plan ~uhmi~ted Mr. peter~on ~tated that the applicant did suhmi~ a ra¥i,~ed plan to th~ planning Depart- ment on May-21, 1973, (He pointed to the two plans on display: one, the plan on which the Commission acted; the other, the recently- submitted revised plan.) According to Mr. Peterson the revised plan has not been sub- jected to a detailed review by the City staff, but remarked that this plan does contain the number of units (1,810) which the draft Hill- side Ordinance would allow. In answer to Coulcilman Hobel's inquiry, Mr. Peterson stated he was in agreement with the Planning Commission's conditions of approval. He added that some of the figures in the En- vironmental Impact Report could be altered due to the changes in the plan. Cost-revenue study Mr. Peterson stated it would be beneficial to have a cost-revenue study reviewed and an estimate made of costs and revenues relative to the residential, commercial and arena elements of the plan. He added, however, that he does not believe the report to be unaccept- able in the absence of those figures; this would be useful and interesting information which could be obtained while further pursuing this approval. He indicated staff and the applicant could work together on these figures. Development schedule In answer to Mayor Hamilton's question, Direc- tor of Planning Peterson stated a development schedule had been received along with the revised plan. Open space Mr. Peterson remarked that because of the decreased number of units in the revised plan, there is more open space. The Parks and Rec- reation Department should be allowed to review this and come up with some cost estimates of possible City involvement in maintenance of the broad open spaces which may not be main- tained by a homeowners association or open space district. Traffic Councilman Hyde asked the Director of Public Works if the effect on the traffic situation had been changed significantly by the reduc- tion in housing units from 3,300 to 1,800. Mr. Cole stated his department has not yet evaluated the new plan, but there is a possibility for reduction in the number of lanes on H Street. Original rationale for denial Referring specifically to points 5, 6 and 7 of the original Planning Department and Com- mission rationale for denial of the original plan, Councilman Hyde asked if the recent changes in the plan would be such that the conditions of approval have been met. tn response to this question, Director of Planning Peterson stated not all the findings can be made in regard to the 3,300 unit plan; the 1,800 unit plan has yet to be studied. 1-805 traffic flow Councilman Hobel pointed out that at a previous meeting, Roger Clark, a State Department Engi- neer, indicated the Interstate 805 interchange could handle traffic generated by the arena and shopping center. Director of Public Works Cole remarked that the proposed traffic por- tions of his department's recommendations to handle the traffic Kould york - the interchange and the service stre~s ~ere included in these recommendations. Traffic during arena events In answer to Councilman Egdahl's inquiry, Mr. Cole stated the road system and traffic sig- nals will handle the traffic. He added that during arena events patrolmen would be neces- sary to handle traffic and left turns across H Street would be allowed. J Street and Councilman Egdahl noted that on both the 3,300- Telegraph Canyon Road and 1,800-unit plans, connections are shown to J Street as well az Telegraph Canyon Road. Director of Public Works Cole remarked that his recommendation, as a condition for the arena, was a connection via Lynwood Drive to Bonita Road and a connection to Telegraph Canyon Road from H Street extended. He added that there would be no connection to J Street initially, but it could 5e available when traffic increases due to future growth. He noted that by the time such growth occurs, H Street would be open and other routes, such as L Street, would be available for arena access. H Street Councilman Scott discussed the alternative to annexation of the total 1~440 acres - improve- ments being put in prior to development of the arena complex. He added he wants the City to be protected concerning H Street, and assured that it will go through. Director of Public Works Cole noted one of the conditions established by his department was that two lanes of H Street be extended on through to E1 Rancho del Rey at the time the first residential units are constructed. Councilman Scott indicated this was not sat- isfactory. He wants to be sure that H Street will be built to the width the developer would need to develop it prior to any development and the completion of the arena. Mayor Hamilton asked Dr. Bloom if he would accept, as a condition of development, that H Street be completed prior to the opening of the arena (by bond or other assurances). Dr. Leonard Bloom Dr. Bloom stated he would be willing to put 3003 Fourth Avenue H Street through prior to the arena being San Diego opened, or bonded, or give the City a secon- dary trust deed on the property available as collateral insurance of performance. He added that if H Street goes through it may be wise to have Lynwood Hills Drive only as an emer- gency street. In other words, put it to that point and not have it go all the way through and also not go through to Telegraph Canyon Road, thereby keeping the traffic solely on H Street and having an "escape valve" on Telegraph Canyon Road if needed. Motion for voluntary It was moved by Councilman Hobel and seconded referendum by Councilman Scott that a resolution be brought back at the next Council meeting (possibly the adjourned regular meeting sched- uled for May 23, 1973) approving the modified plan and directing that, if approved, a special election be called to subject the issue to the people by a voluntary referendum. Discussion Members of the Council diacussed effects of the motion, ~uch a5 cost of a special election, emotional issue that prompted such a motion and the time factor involved in calling such an election. Councilman Hobel felt this was one way of finding out the opinion of the total community on this issue. Time factor City Attorney Lindberg explained that if such direction was given, an ordinance could be adopted at the Council meeting scheduled for June 5, 1973, calling a special election not less than sixty nor more than seventy-five days from the date the election is called. He added that in order to have a legally valid voluntary referendum, which is provided for in the Election Code, there must be some action of Council upon which the people are specif- ically asked to vote and perhaps it would be best for staff to have the opportunity to re- fine and define the proposal brought to the City on May 21, 1973. If then, the Council were to choose a referendum, this could all come back in a package for action on June 5, 1973. Mr. Lindberg commented, in response to Council's questions, that if a legal challenge is forth- coming in regard to either the Environmental Impact Report or procedures regarding the adoption of the modification of the planned community zone, the citizens would have the right to pursue that recourse. This would be a potentially lengthy process. The referendum would not forestall or eliminate the possibi- lity of further challenge to the Environmental Impact Report or the procedures that lead up to the adoption of the proposal that would be placed on a referendum ballot. He added every opportunity has been afforded the citizens to speak for or against the issue. If the proposal were to be adopted, there would be two alternatives provided by the State law: (1) the right of referendum - the people them- selves could circulate a petition; (2) volun- tary referendum - being an alternative to the referendum of the people would be sustainable as an appropriate legal method of testing the matter before the public. Mr. Lindberg stated if the measure were de- feated, the resolution adopted by the Council would be rescinded and the City would be left in a status quo position with the existing planned community zoning and general develop- ment plan as applicable to that property. Unsolved issues Councilman Hyde discussed the loose ends which should be tied up before a vote on this motion. Interpretations of vote Councilman Egdahl indicated that an election of on issue this sort may not reveal a cut and dried "yes" or "no" vote of the people; they could vote either way on just one aspect of the plan, yet that vote would be directed toward the plan as a whole. RECESS A recess was called at 9:52 p.m. and the meet- ing reconvened at 10:15 p.m. - 8 - Mayor Hamilton aak~d if there was any further discussion on tha motion before the Council. There Being no further discu~s:~on offered~ the Mayor called for the question. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Hobel NOES: Councilmen Scott, Hamilton, Hyde, Egdahl Absent: Non~ Motion to approve plan It was moved by Councilman Scott and seconded by Mayor Hamilton that the plan be approved and a resolution be brought back to the Council on June 5, 1973, for a vote of the Council and in- cluded in this motion is the provision that H Street will be put through from Interstate 805 to the terminus now just west of Southwestern College and that all loose ends be taken care of by that time. To Planning Commission City Attorney Lindberg stated, as a matter of for comment procedure, this matter would then be referred to the Planning Commission for comment. City Manager Thomson remarked that more detailed recommendations could be made if staff were to be given more time; however, recormnendations could be presented at the June 5 meeting. In response to Councilman Hobel's inquiry~ Dr. Bloom commented that traffic, based on the time- table of the completion of Interstate 805, could possibly use Otay Lakes Road, Telegraph Canyon Road or the Interstate 805 bridge [if completed prior to Interstate 805). City Attorney Lindberg stated his interpretation of the motion as being that direction be given that a resolution be brought back approving this plan, but that the action of the Council would not take place until tho plan is presented with refinements and detailing of staff. A vote in favor of such direction would, in his opinion, imply favorable response to the plan as Council is aware of at this time. Councilman Egdah] stated he favors having the plan benefit from staff coF~ents, but is not prepared at this time to vote in favor of the plan. Call for the question Mayor Hamilton called for the question. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None PUBLIC HEARING (CONTINUED) This item has been on previous Council Agendas CONSIDERATION OF PROPOSED and has been continued so that it can be con- SPORTS WORLD ANNEXATION sidered simultaneously with the Sports World amendment to the E1 Rancho del Rey General Development Plan. Donald Worley, Attorney Mr. Worley requested this matter be continued Seltzer, Caplan, Wilkins to the meeting of June S, 1973, to be considered and McMahon along with the resolution directed to be brought 3003 Fourth Avenue back to the Council at that time. San Diego Motion to continue It ~as moved h~ Councilman Egdahl, seconded by Councilman Hyde and unanimousl¥carried that this it~n he cont%.~nued to June 5, 1973. RECESS A recess was called at 10:35 p.m. and the meet- ing reconvened at 10:40 p.m. ORDINANCE NO. 1467 - Director of Planning Peterson reported that on AMENDING CHAPTER 2, 3uno 23, 1972, A~semblf Bill 1059 was added to ARTICLE 4, OF THE CHULA tke Government Code section relating to annexa- VISTA CITY CODE BY ADDING tions. The Bill deletes sections of the Code THERETO A NEW SECTION requiring that annexation costs be "paid by the 2.405 ESTABLISHING FEE city annexing or attempting to annex territory," REQUIREMENTS FOR and adds a section which requires the city to ANNEXATIONS - pay annexation costs only if there is no agree- FIRST READING ment between the annexing city and the proponents of the annexation concerning payment of fees. Mr. Peterson added that the Council can elimi- nate the possibility of the City being held liable for payment of State mandated fees, while at the same time collecting fees to cover processing, by adopting an ordinance requiring that the proponents of an annexation submit a cash deposit, equal to the amount of all re- quired fees, prior to the processing of a re- quest for annexation. Ordinance placed on It was moved by Councilman Hyde that this first reading 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 Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6863 - Mr. Emerson Hall, Director of Parks and Recrea- ACCEPTING REPORT ON tion, reported that the San Diego Council En- SWEETWATER REGIONAL vironmental Development Agency has approved the PARK ENVIRONMENTAL Environmental Impact Statement for the Sweet- IMPACT STATEMENT water Regional Park. He added that the Parks and Recreation Department has reviewed the Development Plan and Master Plan Study, and is recommending acceptance of the report. Resolution offered Offered by Councilman Hyde, the reading of tho text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6864 - Director of Public Works Cole reported that ACCEPTING PUBLIC the contract work for the improvement of IMPROVEMENTS - HILLTOP Hilltop Drive from Palomar Street south and DRIVE, PALOMAR STREET Palomar Street from Hilltop to Third Avenue WIDENING - GAS TAX has been completed by the contractor, W. H. PROJECT NO. 147 Ledbetter and Sons, Inc., in accordance with the contract agreement dated September 15, 1972. He added that a final inspection made on May 15 showed all public improvements com- pleted to the satisfaction of the Public Works Department and in accordance with the require- ments of the City. - 10- Resolution offered Offered hr Counci,lman Hyde, the reading of the tent ~aa Kaive~ 5~unan~noua consent, pas~ed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 686S - Mr. Lane Cole, Director of Public Works, ex- DECLARING CITY'S INTENTION plained in a report to the Council that the TO VACATE A PORTION OF tentative map for Rancho Rios Unit No. 2 was PUBLIC RIGHT-OF-WAY FOR approved on October 26, 1971. One of the OTAY VALLEY ROAD conditions of approval was that the subdivider improve the southerly half of Main Street and Otay Valley Road to its ultimate width. In order to construct the intersection of Otay Valley Road and Main Street in accordance with the approved tentative map and proper engineer- ing design, it is necessary for the developer to dedicate approximately 12,969 square feet of right-of-way and for the City to vacate ap- proximately 1,463 square feet at said inter- section. The Planning Commission recommended that subject vacation be approved. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6866 - In a report to the Council on September 26, APPROVING COOPERATIVE 1972, Director of Public Works Cole recommended AGREEMENT WITH THE COUNTY that Edgemere Avenue be realigned and improved. TO IMPROVE EDGEMERE AVENUE The City Council subsequently directed that FROM STATE HIGHWAY S4 TO Edgemere/Second Avenue be retained as a two- 800 FEET SOUTH THEREOF lane road and expressed its intent to straighten out the alignment and proceed with plans. A portion of the project is situated within County jurisdiction. It has therefore been necessary to draft a cooperative agreement between the City and the County to establish the relative responsibilities of each agency. The necessary funds for City participation are proposed to be provided in the 1973-74 and 1974-75 budgets. The total City cost of $86,000 will be charged to the Gas Tax fund. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6867 - Police Chief Winters reported that this proj- APPROVING JOINT EXERCISE ect will consist of teams of officers deployed OF POWERS AGREEMENT STRIKE in predetermined target areas within San Diego FORCE-ROBBERY TASK FORCE County. These te~ms will concentrate their efforts in preventing robberies and also in- structing store owners and managers in the techniques of robbery prevention. He added - 11 - that the San Di~go City Council has passed a resolution empoKer~ng the City Manager to execute a Joint Exerci$~ of Powers Agreement creating a Strike Porce- Robbery with the Cities of Carlsbad, Chula Vista, Coronado, E1Cajon, Escondido, Imperial Beach, La Mesa, National City, Oceanside, San Diego and the County of San Diego. Chief Winters is requesting the Council to pass this resolution indicating their willing- ness to enter into this agreement. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6868 - Police Chief Winters reported that September 1, APPROVING APPLICATION FOR 1973, will start the second year of the Police JUVENILE COUNSELING, Department's Juvenile Counseling, Education EDUCATION AND INVESTIGATION and Investigation Unit. In this second year (C.E.I.) UNIT GRANT: of the program the total grant request is GRANT NUMBER 1227 - $89,792. The City will receive $45,000 from SECOND YEAR the grant. Chief Winters, responding to Councilman Hyde's inquiries, stated the City's participation in this program is $44,000. In answer to Councilman Egdahl's query, Chief Winters remarked the decline in juvenile ar- rests could be attributed to this program; however, it would be best to observe the results of this program longer to see if this is a con- tinual trend. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6869 - In a report to the Council, Chief of Police APPROVING APPLICATION FOR Winters stated that the City proposes to sig- CRIME SPECIFIC BURGLARY GRANT: nificantly decrease the crime of burglary GRANT NUMBER 1474 through a program that will emphasize both prevention and enforcement. He added that the total project cost for one year is $44,586 and of this amount $33,333 will be provided the City from California Council on Criminal Jus- tice funds. 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 Egdah], Scott, Hobel, Hamilton, Hyde Noes: None Absent None - 12 - RESOLUTION NO. 6870 - C~t~' Manager Thomson pre~ented the memorandum APPROVING ME~{QRANDUM OF of understanding with the Chula Vista Fire UNDERSTANDING CONCERNING F~ghters Association for Council considera- WAGES AND OTHER TERMS AND tton. CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO, FOR FISCAL YEAR 1973-74 Resolution offered Offered by Councilman Egdahl, tee reading of the text was waived by unanimous consent passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1465 - This ordinance requires that a majority of the AMENDING VOTING PROCEDURES - total membership of the Board of Appeals would BOARD OF APPEALS - be necessary to pass upon recommendations - SECOND READING AND that is, four members out of the total seven ADOPTION members. The ordinance was placed on its first reading at the meeting of May 15, 1973. Ordinance placed on second It was moved by Councilman Hyde that this reading and adoption ordinance be placed on its second reading and adopted. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None Consolidated ordinance City Manager Thomson referred to Ordinance for Boards and Commissions No. 1465, adopted by the Council this evening, and explained that it affects one of the City's Boards and Commissions (Board of Appeals). He would like to see future consideration of a consolidated ordinance covering all Boards and Commissions as to roles, responsibilities and functions. Motion to look into It was moved by Councilman Scott, seconded by feasibility of general Councilman Hobel and unanimously carried that ordinance staff look into the feasibility of making gen- eral requirements of Boards and Commissions in one section of the City Code. REPORT ON WAIVER OF On May 15, 1973, the Council deferred action UNDERGROUNDING UTILITY on this item pending a report from staff on REQUIREhENTS - CO~gtUNITY the cost of installing underground utilities HOSPITAL - DIRECTOR in Brandywine Avenue. OF PLANNING Director of Planning Peterson reported that San Diego Gas and Electric Company has been contacted and has indicated a cost figure of $19,368 for undergrounding some 4,000 feet of utility lines from the intersection of Brandy- wine and Telegraph Canyon Road to the hospital facility. He added that this cost would be in addition to the $17,250 quoted for underground- lng utilities within Telegraph Canyon itself. - 13- Mr~ peterkin n~t~d that due to the proposed widening and real~gnmant of Telegraph Canyon Road, which Will take place at some future time, certain portlon~ of the underground util- ities would have to be installed within the present travelway of Telegraph Canyon Road. While this does not represent a major problem, traffic flow would be disrupted during installa- tion and in the future if any repairs were necessary to the utility lines. He expressed concern over the precedent that might be estab- lished by granting a waiver of this underground- lng requirement. City Attorney Lindberg explained that under- grounding proposals in the City's ordinance are contained in two sections: one relative to new subdivisions; the other, the requirement under the environmental chapter of the under- grounding of service lines for new construction in all zones. He added that until some change is made in the construction of the ordinance relative to subdivisions that the City would not be able to require off-site undergrounding by tke subdivider. Motion to grant waiver It was moved by Councilman Hobel and seconded by Mayor Hamilton that the waiver be granted. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hobel, Hamilton NOES: Councilmen Scott, Hyde, Egdahl Absent: None REPORT ON NOISE ELEMENT In a report to the Council, Director of Planning OF THE GENERAL PLAN - Peterson explained that in 1971 the State Leg- DIRECTOR OF PLANNING islature adopted legislation requiring cities and counties to include a noise element in their General Plans. City staff, he added, has eval- uated the possibility of retaining a consultant to perform this work, as much of the work is quite technical in character. Mr. Peterson stated the Comprehensive Planning Organization is about to co~nence work on a noise element and it is anticipated that portions of their study will be useful to the City of Chula Vista. Motion to utilize data It was moved by Councilman Scott, seconded by developed by CPO Councilman Egdahl and unanimously carried that the City wait until the Comprehensive Planning Organization develops data on the noise element and utilize that information. REPORT ON REQUEST FROM The County has requested a waiver of the filing COUNTY PUBLIC WORKS fee for its application for a conditional use AGENCY FOR WAIVER OF permit for a leased building at 585 Third Ave- FILING FEE FOR A nue. This building is to be used solely for CONDITIONAL USE PERMIT governmental purposes by the County Probation APPLICATION Department. This item was referred to staff at the Council meeting of May 15, 1973, for roport and recom- mendation. Director of Planning Peterson explained, in a report to Council, that the filing fee for var- ious governmental agencies on similar types of applications has been waived in the past and - 14 - that the procedure ~eema appropriate. He noted th~ number of applications filed hr various governmental agenciex as being very small. Mr. Peters~n *tared that in order to avoid in- dividual Council action on each specific quest, it is suggested that Council adopt a resolution expressing the general policy of not charging other governmental agencies filing fees in connection with applications requiring Planning Commission action. Motion to approve request It was moved by Councilman Hyde, seconded by and notify County Councilman Scott and unanimously carried that the request be approved and the County of San Diego be so notified. Motion for resolution It was moved by Councilman Hyde and seconded granting waiver of fees by Councilman Egdahl that the Council adopt a for other governmental resolution expressing the general policy of agencies not charging other governmental agencies filing fees in connection with applications requiring Planning Commission action. Discussion Under discussion, Councilman Scott indicated applications from governmental agencies should be reviewed by the Council; he does not like the idea of relinquishing the right of review. Motion withdrawn Councilman Hyde withdrew his motion; Council- man Egdahl withdrew his second. Budget session Mayor Hamilton noted that Budget sessions will resume tomorrow evening at 7:00 p.m. (May 23, 1975). Amendment to undergrounding City Attorney Lindberg asked if there was to ordinances be some Council direction as to an amendment of both of the City's existing undergrounding ordinances to require undergrounding from the nearest power source, whether that be adja- cent to or some distance removed from the facility or subdivision. Motion to amend ordinances It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to staff for recom- mendation and that an appropriate modification to the ordinances be brought back to Council. Irapuato visit Councilman Scott remarked he will be leaving next week for an official visit to Chula Vista's Sister City, Irapuato, Mexico. South Bay court services Councilman Scott also mentioned a luncheon he had with Supervisor Jack Walsh, at which they discussed the City's request for a South Bay court. Apparently, the judges do not want to fragment their operation, so there may be a problem there. Councilman Hobel's absence Councilman Hobel stated he would not be able at budget session to attend the budget session scheduled for 7:00 p.m., Thursday, May 24, 1973. Letter of commendation It was moved by Councilman Hyde, seconded by to Fire Department Councilman Egdahl and unanimously carried that a letter be sent to the Fire Department commend- ing them for their "Home Inspection Program." - 15 - Councilman Hyde's abaence Councilman Hyde atated he intends to be absent for meetings which ma7 occur in the last week in July, and the first tko weeks of August. WRITTEN COMMUNICATIONS Request from Chula Vista Mr. Steve Gore, Project Chairman for the Chula Jaycees for approval Vista Jaycees, has written the Council request- of annual "Orange ins approval of the annual Chula Vista Orange Crate Derby" Crate Derby to be held on June 3, 1973, between the hours of 12:30 and 3:30 p.m., on the H Street hill between Hilltop and First Avenue. City Manager Thomson reported that this request has been reviewed by both the Police and Public Works Departments and is recommended for Coun- cil approval. Motion to grant request It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the request be granted, subject to provisions indicated by staff. ORAL COMMUNICATIONS Cecil Starling Mr. Starling stated he was representing pro- 7878 Highwood ponents of the Chula Vista Inn to be built on La Mesa Fourth Avenue. He remarked that the Inn is designed to provide low cost accommodations for retired people needing light nursing care. He asked that the City Council consider re- vising the construction tax fee on this project. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that staff come back with a revised ordinance in which would be recommended an appropriate fee at the meeting of June S, 1973. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:07 p.m. to the adjourned regular meeting scheduled for 7:00 p.m., Wednesday, May 23, 1973. Deputy City Clerk 16 -