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HomeMy WebLinkAboutcc min 1973/05/15 MINUTES OF A REGULAR MEETING OF TH~ CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 15, 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, Assistant Planner Quinney, 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 Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of May 8 and 9, 1973 (two meetings) be approved, copies having been sent to each Councilman. OATH OF OFFICE TO NEWLY City Clerk Fulasz administered the oath of APPOINTED COMMISSIONERS office to the following new commissioners: Patrick Barajas - Board of Appeals Patricia Keith - Environmental Control Commission Janice Murphy - International Friendship Commission Ralph Senior - International Friendship Conunission Joan Roseman - Library Board of Trustees Clarence Knight - Safety Commission John Anewalt - Youth Commission Items moved up on agenda It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that items 3a, 3b, and 4 be moved up on the agenda at this time (El Rancho del Rey General De- velopment Plan and the Sports World Annexa- tion). PUBLIC HEARING (CONTINUED) Mayor Hamilton noted that the public hearing CONSIDERATION OF PROPOSED on this matter was closed at the meeting of AMENDMENT TO THE EL RANCHO April 4, 1973. DEL REY GENERAL DEVELOPMENT PLAN STAFF RECOMMENDATION It was moved by Councilman Scott, seconded by REGARDING CONDITIONS OF Councilman Hobel and unanimously carried that APPROVAL OF THE SPORTS WORLD this matter be continued for one week. AMENDMENT TO THE EL RANCHO DEL REY GENERAL DEVELOPMENT PLAN PUBLIC HEARING (CONTINUED) - It was moved by Councilman Scott, seconded by CONSIDERATION OF PROPOSED Councilman Hobel and unanimously carried that SPORTS WORLD ANNEXATION - this hearing be continued for one week. PHASE I PUBLIC HEARING - CONSIDERATION Planning Director Peterson reported that on OF APPEAL OF CALIFORNIA NEON April 16, 1973, the Planning Commission denied PRODUCTS OF PLANNING CO~IMISSION a request for a variance on behalf of ACTION DENYING VARIANCE FOR South Bay Chevrolet to (1) increase the maxi- SIGNS AT 801 BROADWAY mum sign area for a freestanding sign 47 feet high from 210 square feet to 245 square feet to be located adjacent to the Broadway front- age; and (2) increase the maximLun height and sign area for a directional sign to the ser- vice entrance on K Street from 10 feet in height and 10 square feet of area to a height of 21 feet and sign area of 36 square feet. The Planning Commission advised the applicant that (1) the freestanding sign on Broadway be limited to 35 feet in height and 150 square feet in area; and (2) the directional sign adhere to the Zoning Ordinance requirements. Public hearing opened /~is being the time and place as advertised, Mayor Hamilton opened the public hearing. Bob Dooley Mr. Dooley explained that the sign was a California Neon Products standard franchise sign. The existing sign is 60 feet in height and the proposed sign would be 47 feet in height. The square footage of the existing sign is 400 square feet and the proposed sign would be 155 square feet less than that. The other sign ("A") is 35 square feet more than the ordinance allows and 3 feet lower. Sign "B" is 26 square feet more and 10 feet higher than the ordinance allows. Don Calhoun Mr. Calhoun compared the proposed signs with 525 Walton Street the existing signs maintaining that they are now asking for less sign area, as the present sign is larger and, by ordinance, can stay up for seven years. Mr. Calhoun noted the signs in the area declaring that people depend on signs, and unless the signs are approved, people would have difficulty locating their business and the service department. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Discussion Discussion ensued as to the requirements of the ordinance. Motion to grant portion It was moved by Councilman Hyde and seconded of appeal by Councilman Scott that this portion of the appeal be approved: that a 47 foot height be granted and that the area of the freestanding sign not exceed that amount allowed by the ordinance (210 square feet), and that portion of the appeal concerning the service entrance sign be denied. Discussion of motion Councilman Egdahl indicated that the applicant does not have to ask for a variance for a sign 210 square feet in area and 47 feet high. Councilman Scott noted that the ordinance grants the discretionary powers to the staff. Change of motion It was moved by Councilman Hyde that the ap- plicant be authorized to construct a sign up to the maximum allowed (up to SO feet) and up to the maximum square footage which is allowed for such a height by the Zoning Ordinance. No second to motion The motion died for lack of second. Discussion of motion Discussion followed as to the ordinance requirements and standard franchise signs. Councilman Scott suggested that the motion state the applicant be al- lowed a sign up to an area of 24S square feet and 47 feet in height. Amended motion It was moved by Councilman Hyde and seconded by Councilman Scott that the applicant be allowed to construct a sign up to the maximum allowable height and the maximum allowable square feet for the freestanding sign on Broadway but that the appeal for the service department sign be denied. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Scott, Hamilton NOES: Councilmen Hobel, Egdahl Absent: None (A 4/5s vote was needed to override the Planning Commission's decision in this matter.) Motion to grant part It was moved by Councilman Hobel and of tho appeal seconded by Mayor Hamilton that the appeal be granted on the large sign and be denied on the service entrance sign the small sign to stay in conformance. (The motion refers to the 47 foot height and 245 square foot of sign area.) Discussion Discussion followed as to the restric- tions of the sign ordinance. Council- man Scott noted that the Council has reached an impasse on this particular matter and would not be able to get the required 4/5s vote on any motion passed. Change of vote Councilman Egdahl declared he will change his vote on the last motion and now wishes to register a "yes" vote. Motion carried The motion, therefore, as made by Councilman Hyde and seconded by Council- man Scott to allow the maximum height and maximum square footage allowable by Ordinance for the freestanding sign on Broadway and denial of the service en- trance sign carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hamilton Noes: Councilman Hobel Absent: None Motion for amended It was moved by Councilman Egdahl and ordinance seconded by Councilman Hyde that an amendment to this section of the ordi- nance be brought back which removes such subjective and discretionary decision makings. Discussion City Manager Thomson indicated that the total sign ordinance will be brought to the Council in August. - $ - Amended motion It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this amendment be incorporated into the ordi- nance at the time it is brought back to the Council. Previous motion withdrawn Mayor Hamilton declared that the motion made by Councilman Hobel was withdrawn since Coun- cilman Egdahl changed his vote on the previous motion. Discussion Discussion continued on the standard national signs used by these companies. Councilman Scott indicated that these companies do change the size and design of their signs depending on where the sign is to be placed. Motion regarding It was moved by Mayor Hamilton and seconded Council policy by Councilman Hyde that the staff, in consid- ering the signs between now and the time the sign ordinance will be brought to the Council, grant the maximum amount allowed, unless there are extenuating circumstances. Discussion Councilman Scott discussed the County's ordi- nance which sets the sign at a given amount of square feet, and then, if there are exten- uating circumstances, the applicant asks for a variance. Councilman Scott compared this with the City's ordinance and suggested that until the proposed ordinance comes back to the Council, the Council should consider all requests that are extraordinary, rather than give a blanket approval of all signs. Amended motion Mayor Hamilton stated he would amend his motion to include Councilman Scott's state- ment. Councilman Hyde agreed to the second. Motion carried The amended motion that all extraordinary re- quests for signs come to the Council for con- sideration prior to the Council's receiving the proposed sign ordinance, carried unani- mously. ORDINANCE NO. 1465 - City Attorney Lindberg, in a report to the AMENDING CHAPTER 2, Council, explained that the Charter requires ARTICLE IX, SECTION 2.91 a vote of the majority of the entire member- OF THE CITY CODE RELATING ship of a co~nission or board to take any TO THE REQUIREMENTS FOR action. THE NUMBER OF VOTES TO PASS UPON ANY RECOMMENDATION - The ordinance establishing the Board of Ap- FIRST READING peals was drafted in such a way as to permit the transaction of business by a majority of the members present. The ordinance, therefore, requires that a majority of the total membership of the board would be necessary to pass upon recommenda- tions - that is, four members out of the total seven members. Ordinance placed on It was moved by Councilman Scott 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: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None EMERGENCY ORDINkNCE NO. 1466 - On May 8, 1973, The City Council directed that REPEALING ORDINANCE NO. 1458 an ordinance repealing the building moratorium IMPOSING A MORATORIUM ON THE imposed by the City on the Castle Park area ISSUANCE OF BUILDING PERMITS be brought back. AND R£ZONINGS LOCATED IN THE INCORPORATED AREA OF THE CITY OF CHULA VISTA BOUNDED BY "L" STREET, HILLTOP DRIVE, MAIN STREET AND INTERSTATE 5, KNOWN AS THE CASTLE PARK AREA - 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 adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6852 - On May 1, 1973, the City Council directed that APPROVING A LICENSE FOR A a license for a temporary master antenna tele- TEMPORARY MASTER ANTENNA vision system be granted for the Rancho Rios TELEVISION SYSTEM IN THE area. RANCHO RIOS AREA OF THE CITY OF CHULA VISTA 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: Councilm~n Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6853 - The contract work for this project has been ACCEPTING PUBLIC IMPROVEMENTS - completed by the contractor, McGahey Con- GRADING AT HALECREST AND struction Company, in accordance with the HILLTOP-TELEGRAPH CANYON PARKS contract agreement. A final inspection was made on May 4, 1973 and all of the public improvements in the project have been com- pleted to the satisfaction of the Public Works Director and in accordance with the re- quirements of the City. 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. 6854 - A change in the contract work for the park GRANTING EXTENSION OF TIME improvements required additional work in the TO PACIFIC ENGINEERS FOR improvement of the Telegraph Canyon drainage CONSTRUCTION OF PARKING channel. Pacific Engineers have requested LOTS AND PARKING FACILITIES, four additional days to perform this extra HALECREST AND HILLTOP- work. The Director of Public Works recom- TELEGRAPH CANYON PARKS mended approval of the extension changing the contract completion date to June 12, 1973. - 5 - 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. 6855 - After the contractor commenced work on the APPROVING CHANGE ORDER IN installation of sidewalks and other improve- THE CONSTRUCTION OF PARKING ments at the park sites, it was discovered LOTS AND PARK FACILITIES AT that certain deficiencies existed in the HALECREST AND HILLTOP- grading of the parking lots. Director of TELEGRAPH CANYON PARKS Public Works Cole recommended that a change order in the amount of $2,340.80 be executed and that authorization be given for the ad- ditional expenditure of $2,000.00 for instal- ling improvements at Hilltop-Telegraph Canyon and Halecrest Park sites. Councilman Egdahl questioned the amount of $876.00 for grading work, commenting that it was to be deducted by the grading contractor and added into the other contract; however, there was no allowance made for this amount in the additional funds requested. Recess A recess was called at 8:03 p.m. and the meet- ing reconvened at 8:16 p.m. Explanation of accounts Mr. Cole, Director of Public Works, explained that while the contract remains in force, the $876.00 cannot be realized until the account is cleared. At that time, when the final pay- ment is made, the $876.00 would go back to the originating account. 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. 6856 - The contract work for this project has been ACCEPTING PUBLIC IMPROVEMENTS - completed by the contractor in accordance CONSTRUCTION OF SHUFFLEBOARD with the contract agreement. A final inspec- COURTS AND RELATED FACILITIES tion made on May 4, 1973, showed all public AT NORMAN PARK improvements in the project completed to the satisfaction of the Public Works Director and in accordance with the requirements of the City. 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 - 6 - RESOLUTION NO. 6857 - Th~ one foot control lot~ are required to pro- ACCEPTING CERTAIN REAL vide for the future extension of the street PROPERTY DESIGNATED AS ONE and to control development of adjacent prop- FOOT CONTROL LOTS A THROUGH erty-. F IN CANDLEWOOD SUBDIVISION TO PROVIDE FOR THE FUTURE EXTENSION OF THE STREET AND TO CONTROL DEVELOPMENT OF ADJACENT PROPERTY 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. 6858 - The City of Chula Vista has contracted with APPROVING AGREEMENT BETWEEN Tamar Electronics to install the traffic sig- THE CITY AND DAVID H. MILLS nal interconnect system, funded under the TO PROVIDE TECHNICAL SERVICES TOPICS Program. RELATING TO THE INSTALLATION OF THE CITY'S TRAFFIC SIGNAL This system was designed by David H. Mills, INTERCONNECT SYSTEM UNDER retired Traffic Devices Technician. Director THE TOPICS PROGRAM of Public Works Cole stated it would be ad- vantageous for the City to secure the services of Mr. Mills to see that the conditions of the contract are carried out. The amount for this service would be $1,980.00, and it would be necessary to transfer this money from the Un- expended Reserve of the 2106 Gas Tax Project #138. 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. 6859 - Director of Public Works Cole reported that APPROVING AGREEMENT WITH a condition of approval for a parcel map A. HANONO, 384 HILLTOP DRIVE, (adjusting boundaries between two parcels) AND ROSE MARIE SILVEYRA, was that the property owners, their heirs, 39 "G" STREET, WAIVING assigns or transferees, not object to or op- REQUIREMENTS FOR UNDER- pose the formation of any assessment district GROUNDING OF UTILITIES to underground facilities which includes their property. They have agreed to and have completed their portion of the agreement. 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, Hobe], Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6868 - A condition for approval of a parcel map APPROVING AGREEMENT WITH (adjusting boundary, lines between two parcels) HUGH R. AND WINIFRED S. KAYE, submitted hy Mr. and Mrs. Kaye was that they, 640 FIFTH AVENUE, WAIVING their heirs~, assigns or transferees not ob- REQUIREMENTS FOR UNDER- ject to or oppose the formation of any as- GROUNDING OF UTILITIES sessment district to underground facilities which includes their property. They have agreed to and have completed their portion of said agreement. 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, Hyde Noes: None Absent: None RESOLUTION APPROVING Mayor Hamilton announced that this item was AGREEMENT BETWEEN THE CITY removed from the agenda, at the request of AND OLIVINE VALOIS, 50 "H" the Director of Public Works. STREET, WAIVING P~QUIREMENTS FOR UNDERGROUNDING OF UTILITIES RESOLUTION AMENDING On April 24, 1973, the Council accepted the RESOLUTION NO. 2057 City Manager's report granting the Chamber of APPROVING THAT CERTAIN Commerce an extension of six months on their LEASE BETWEEN THE CITY OF present lease, which will terminate on CHULA VISTA AND THE CHULA November 13, 1973. VISTA CHAMBER OF CO~NERCE, DATED MAY 14, 1958 If they fail to complete preparation of their new quarters by that date, they can apply for another six-month extension, at which time they would be required to present the City with a delineated project plan indicating when transfer of quarters would be completed. Lease amount to be Councilman Scott suggested the staff look into looked into the $50.00 monthly lease. He commented that he attended a recent Chamber of Commerce meet- ing at which time they indicated they may sub- lease the building for a period of five years. Lease to be renegotiated It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff look into the lease amount and bring this back to Council prior to extending this six-month's lease. RESOLUTION AMENDING In a report to the Council, City Manager RESOLUTION NO. 6495 Thomson explained that the Environmental Re- APPROVING THE 1972-73 view activity has been reassigned to the De- BUDGET TO PROVIDE FOR TIlE partment of Planning. Since this position is ADDITION OF AN ASSOCIATE in an unclassified status as "Department Head" PLANNER TO THE PERSONNEL it is recommended that the Review section be COMPLEMENT staffed by a classified position of "Associate Planner." The title of "Environmental Review Coordinator" would be retained as a working title~ and no modification of budget allot- ment is necessary to effect this action. Deferred until budget It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this item be deferred until budget time, so that thc Council will have a chance to look at the complete Planning program. - 8 - It was noted by' Mayor Hamilton that this mat- ter would he resolved in compliance with the Civil Service rules governing temporary pointment~. RESOLUTION NO. 6861 - Director of Parks and Recreation Hall noted AMENDING THE SOUTHWESTERN the modifications to the agreement: (1) the COLLEGE SWIMMING POOL USE direct cost has been changed to an hourly AGREEMENT BETWEEN THE CITY rate of $8.50 and (2) wording has been changed AND THE SWEETWATER CO,UNITY to reflect the maintenance cost and opera- COLLEGE DISTRICT tional cost, skewing that they are covered by the hourly rate rather than direct charges. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6862 - Offered by Councilman Egdahl, City Clerk COMMENDING C. SAMUEL BLICK, Fulasz read the contents of the ~esolution. DEPUTY CITY ATTORNEY, FOR The resolution was passed and adopted by the HIS SERVICE TO THE CITY AND following vote, to-wit: CONGRATULATING HIM UPON HIS AYES: Councilmen Egdahl, Scott, Hobel, APPOINTMENT AS CITY ATTORNEY Hamilton, Hyde OF ESCONDIDO Noes: None Absent: None ORDINANCE NO. 1464 - This ordinance was placed on first reading AMENDING SECTIONS 33.511 at the meeting of May 8, 1973. AND 33.535 OF THE ZONING ORDINANCE TO INCLUDE AMBULANCE SERVICE IN UNCLASSIFIED USE SECTION - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adoption ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None REPORT ON WAIVER OF UNDER- Director of Planning Peterson explained that GROUNDING UTILITY REQUIRE- the Planning Commission's rationale in re- MENTS - CON~qUNITY HOSPITAL quiring the installation of underground util- ities for the Con~nunity Hospital project was: 1. The cost of the undergrounding was not excessive in relationship to the total cost of the hospital project ($17,250.00), ~However, if the overhead facilities are installed now, the future cost of the converting would be approximately $28,000.00. 2. A precedent would be established. The Commission noted that Windsor Heights {700 feet east of this property and north of Tele- graph Canyon Road) would be next in line for an overhead utility installation. City Attorney's opinion In answer to Councilman Scott's inquiry, City Attorney' Lindharg stated that the Council can legally-require thi~ undergrounding, because the requirement is based on the fact that the undergrounding must come from the nearest available source. Motion to deny request It was moved by Councilman Egdahl and seconded by Councilman Hyde that the request for waiver of this requirement be denied. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Hobel Noes: Councilmen Hamilton, Scott Absent: None REPORT ON PROPOSED HILLSIDE Director of Planning Peterson submitted the MODIFYING DISTRICT draft of the Hillside Modifying District pro- posal. The main feature of this district is that it would be combined with a basic resi- dential district to limit residential density and grading as a function of the average nat- ural slope of a particular site. Mr. Peterson then discussed the contents of the ordinance, and added that the staff is preparing a Hillside Policy Statement which complements and supports the provision of this district, and this will be submitted to the Planning Commission along with the Hill- side District regulations. Discussion Discussion followed as to the meeting held in July, 197% in regard to this ordinance. Coun- cilman Hyde noted that the Director of Planning would be meeting with developers prior to sub- mitting this ordinance to the Planning Com- mission, and reasoned that economical realities would be discussed at that time. Referred to Planning It was moved by Councilman Hobel, seconded by Commission Councilman Scott and unanimously carried that the "H" Hillside Modifying District be re- ferred to the Planning Commission for report and recommendation. RECONSIDERATION OF ITEM 19 It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that item 19 (waiver of undergrounding utility re- quirements for Community Hospital) be recon- sidered. Question of Brandywine Councilman Hobel questioned the cost of under- grounding the Brandywine section. Director of Planning Peterson stated he did not know but would attempt to get that infor- mation. Continued for one week It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this item be continued for one week in order to get the cost of undergrounding the Brandy- wine section. PROCLAMATION - PUBLIC Mayor Hamilton announced that he was proclaim- WORKS WEEK ing the week of May 20 - 26, 1973, as National Public Works Week. - 10 - LEAGUE D~NNER Mayor Hamilton stated that tile next dinner meeting of the League of California Cities will be held Thursday, MaX 17, 1973, at the Hotel del Coronado. ADJOURNED MEETINGS The Mayor reminded the Council of the ad- journed regular meetings to be held on Wednesday, May 16, 1973, at 7:00 p.m. to hear a presentation of the Bayfront plan, and at 7:00 p.m. Friday, May 18, 1973, to begin budget deliberations. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the Council recess to Executive Session at the close of the meeting, for reasons of employee negotiations. ABSENCE FROM MEETINGS Councilman Hobel stated he will be out of town on company business and will not be able to attend the Council meetings scheduled for Wednesday, May 16, 1973, nor Friday, May 18, 1973. BOARD OF SUPERVISORS MEETING Councilman Hobel reported that a meeting will REGARDING CPO be held on May 24, 1973, by the Board of Supervisors to discuss a resolution whereby they would join the Comprehensive Planning Organization. Opinion requested Councilman Scott noted that the County quested an opinion concerning this proposed resolution. Request rejected It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the County's request be rejected. STATUS OF NEGOTIATIONS In answer to Councilman Hyde's query, City WITH AZTEC BUS Manager Thomson stated that the deadline date is August 1, 1973. As soon as budget delib- erations are over, the staff will be meeting with Aztec and go over their proposal which will be submitted to the Council. OTAY WATER-BONITA FIRE Councilman Egdahl commented that the Board DISTRICT MERGER of Supervisors will be considering this merger at the meeting scheduled for May 23, 1973, at 2:00 p.m. Staff representation It was moved by Councilman Egdahl, seconded at meeting by Councilman Hyde and unanimously carried that the City be represented at this meeting to state the Council's objections. Letter from Mr. Chapman It was moved by Councilman Scott, seconded by Otay Water Company Councilman Hobel and unanimously carried that Mr. Chapman be invited to address the Council at the next meeting, and that he be placed under "Special Orders of the Day" at the be- ginning of the meeting. - 11- WRITTEN COMMUNICATIONS Verified claim for damages - Ronald and Alwine Van Hek have filed a veri- Ronald A. and Alwine &.Van Hek fled claim for damages in the amount of $626.45 213 East J Street stating that on November 11, 1972, at the hour of 8:00 a.m., the following incident occurred: Grading of East J Street was permitted by the City in such a manner that heavy rain caused a run-off of rain water into their home caus- ing 18 inches of water in their household. Claim denied It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Letters from F. A. R. Drew The following letters were submitted to the 1275 Banner Avenue Human Relations Commission for consideration, and Mr. Drew requested that these letters be forwarded to the City Council at this time: 1. Request to pass an ordinance whereby every mobile shopping cart would have to be licensed; any person in possession of a grocery cart off the premises of the shopping area be subject to penalty of law, and any cart found abandoned should be confiscated by the City and a penalty imposed against the owner, 2. A special effort be made to hire some Negro officers on the Police force. Motion to wait for reports It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council await the reports of the Human Re- lations Commission and the Safety and Environ- mental Control Commissions, on these two requests. Request from Palomar PTA Mrs. Carol M. Holm, Secretary, Palomar PTA, regarding drain in canyon expressed the PTA's concern about the drain behind Palomar School tile located in the canyon behind Palomar School, near Spruce Street, and urged the Council to check on the feasibility of cor- recting this dangerous situation. Referred to staff It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be referred to staff for investi- gation and report. Requests from California Mrs. Carol Webb, Executive Director, requested Society for Prevention of that the fund of $65,000.00 which was set aside Cruelty to Animals in the 1972-73 capital improvement program for the construction of a new Pound facility be used for that purpose. She further requested that the Pound have heated floors, and be con- structed with enough kennels to adequately serve the needs of the cities for years to come. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this matter be referred to the City Manager for consideration in the development of plans for the new animal shelter. Request for waiver of Mr. David R. Dunn, Right-of-Way Agent, has filing fee - Public Works requested waiver of the filing fee for the Agency, County of San Diego County's application for a Conditional Use - 12 - permit for a leased building at 585 Third Avenue. This building is to be used solely for governmental purposes by the County of San Diego Probation Departme~t. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request %e ~eferre~ to staff. DISCUSSION OF Councilman Hobel questioned whether the pro- WRITTEN COMMUNICATIONS visions of the Ordinance or Charter require that these letters come to the Council first before being referred to the staff for report. Mayor Hamilton explained that the letters are addressed to the Council, but that he and the City Clerk could make a determination as to forwarding future letters to the various de- partments for reports, prior to Council action. City Attorney Lindberg stated this could be brought back as a Council policy. ORAL COMMUNICATIONS F. A. R. Drew Mr. Drew explained his reasoning behind his 1275 Banner Avenue request that the Council originate an ordi- nance requiring shopping carts to be licensed. John Rich Mr. Rich requested that Councilman Scott not 157 Rivera Court take his trip to Irapuato, Mexico, in order to bring to the attention of the Mexican govern- ment that he is in sympathy with his fellow U. S. citizens who are suing San Antonio Shores for return of funds invested in that enter- prise. Mr. Rich explained the 99-year lease agreements which he and 53 other U. $. citi- zens made with this organization. Mayor Hamilton stated he would not ask Coun- cilman Scott to cancel his trip, but would encourage him to go to Mexico because he be- lieves it is through exposure of American citizens that we may, at some time, convince them of the type of justice in the United States, how we recognize people's rights in the courts. Eugene Otto Mr. Otto discussed the petition sent the City 85 Millan Court Manager by the property owners bordering the Hilltop-Telegraph Canyon Park for a six-foot chain link fence around the park periphery. Councilman Scott explained the Council's pol- icy of installing a fence on a 50-50 basis, if there is a demonstrated need. City Manager Thomson made reference to the response he sent to property owners in which he noted this policy. Robert Reardon Mr. Reardon noted the boundary lines of the 43 Millan Court properties indicating that the slope comes from within five foot of his bedroom and would not care to have the park come within five feet of his bedroom. - 13- Councilman Scott ~uggeated tke ultimate solu~ tion to this prohlem ma~ be that the slopes be given to the City and the City maintain these areas. Mr. Reardon then complained of the graders wMch started work at 6:30 a.m. in his back yard. He called the Police; the Police came out, and then the graders started at 8:00 a.m. Motion to refer to It was moved by Councilman Hyde, seconded by Parks & Recreation Commission Councilman Scott and unanimously carried that this petition be referred to the Parks and Recreation Commission and ask them to look into the matter of the question of fencing Hilltop-Telegraph Park, and make recommenda- tions to the City Council. Gary Wappes Mr. Wappes referred to the adjourned regular 690 Dennis Street meeting held by the Council on May 9, 1973, at which time the Chairman of the Human Rela- tions Commission raised some questions con- cerning the operation of "Our House." Mr. Wappes then proceeded to read from a written report in which he attempted to clar- ify the points raised by the Commission. Councilman Scott suggested that he meet with the Human Relations Commission, in a joint meeting, to discuss these issues. Mr. Wappes reported that he spoke to Congress- man Lionel Van Deerlin today and was informed that the grant for "Our House" was approved - $81,000.00 for the next year's operation. EXECUTIVE SESSION The Council recessed to Executive Session at 9:50 p.m. and reconvened at 10:13 p.m. Motion for Executive Session It was moved by Councilman Scott and seconded by Councilman Hobel that the Council recess to Executive Session for personnel reasons. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None The Council recessed to Executive Session at 10:14 p.m. and the meeting reconvened at 11:28 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:29 p.m. to the meeting scheduled for Wednesday, May 16, 1973 at 7:00 p.m. in the Council Chamber, 276 Fourth Avenue, to hear a presen- tation of the Bayfront Plan. - 14 -