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HomeMy WebLinkAboutcc min 1973/04/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA V%STA, CALIFORNIA Held Tuesday April 10, 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 Lindbe~g, Assistant City Manager Bourcier, Assistant Direct6r of Public Works Roberts, Director of Planning Peterson, Director of Parks and Recreation Hall, Police Captain V. Sieveno The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. MISS CHULA VISTA Miss Chula Vista 1975, Irene Miller, was in- troduced to the City Council. The Council and audience congratulated her on winning the title. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of April 3-4, 1973, be approved, copies having been sent to each Councilman. PUBLIC HEARING (CONTINUED) - Director of Planning Peterson reported that CONSIDERATION OF APPEAL BY on March 5, 1973, the Planning Commission CLARIC~ ~. 0LIN OF PLANNING approved a conditional use permit to operate COMMISSION ACTION GRANTING A a pre-school child day care center at 175 CONDITIONAL USE PERMIT TO Fifth Avenue. This would accommodate up to PILGRIM EVENGELICAL LUTHERAN thirty children between the hours of 8:30 CHURCH FOR A CHILD DAY CARE a.m. and 5:30 p.m. Two conditions were CENTER ON PROPERTY LOCATED imposed: AT 175 FIFTH AVENUE, AN R-3 ZONE 1. Picking up and dropping off of children would be accomplished at the rear of the property from the Brightwood Avenue entrance; 2. The outside activities for the children would be restricted to one hour in the morning and one hour in the afternoon, in addition to one hour at noon time. At the Planning Commission meeting, discussion centered around the possibility of additional fence requirements on the north property line as well as restricting the outside play area to a much 5mallet area adjacent to the dwelling; however, these were not included in the motion. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Speaking in support of Speaking in support of the appeal were: the appeal Mrs~ Clarice T. Olin, 171 Fifth Avenue; Richard J. Wood, 3538 - 30th Street, San Diego; Francis Gee, 169 Fifth Avenue; Louis Thompson, owning property next to Mrs. Olin's; David G. Shipman, 66 Corte Maria. They opposed the child day care center for the following reasons: (1) they have earned the right to a certain amount of peace and quiet; (2) it will have a detrimental effect on the neighborhood; (3) noise factor should be considered; (4) existing fence is not adequate; (5) the children in the existing school are noisy, bang the fence and throw papers into the neighboring yard; (6) there are a good deal of elderly people living in this neigh- borhood, along with apartments that cater to adults only; (7) there would be an adverse affect on Mrs. Olin's property which would decline in market value by thousands of dollars; (8) traffic genera- tion is another factor; (9) there will be restricted parking at the curbs; (10) a petition signed by over sixty people was presented to the Planning Commission; (11) survey was taken of nursery schools in the City and there are vacancies, so another nursery school is not needed. Speaking against the Mr. Richard L. Smith, 411 Kearney Street, appeal representing Pilgrim Lutheran Church, dis- cussed the existing school and the play area. tlc stated there is adequate supervision on thc playground for the children. The noise factor would not be as great as it would be if apartments were constructed in this area, as allowed under the zone (R-S). There are presently 146 K-6 children attending classes here now. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Attorney's opinion Mr. Lindberg stated that the conditions, as imposed by the Planning Commission, will be observed by the Zoning Enforcement Officer during the year, and if there are violations, the matter could be brought back to the Planning Commission for modifications of the conditions to meet circumstances that might be detrimental to the neighborhood, including a revocation of the permit. Motion to deny appeal It was moved by Councilman Egdahl and seconded by Councilman Hyde that the action of the Planning Commission be sustained and the ap- peal be denied. Motion carried Thc motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Hobel, Hamilton Noes: Councilman Scott Absent: None - 2 - Discussion of motion Councilman Egdahl noted that the applicant for the conditional use permit has not been approached for any existing problems, and has indicated its openness to such an approach to deal fairly with the neighborhood, should such problems occur. RESOLUTION - AMENDMENT City Manager Thomson asked for a deferral of TO EL RANCHO DEL REY action on the resolution to give the Planning GENERAL DEVELOPMENT Department and Engineering staff time to study PLAN PROPOSED FOR the modifications as proposed by the Council SPORTS WORLD at the last meeting, and to submit a complete report for Council consideration. The staff will submit a status report to the Council at the next meeting which will indi- cate when this complete package will be ready. Motion to defer It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this matter be deferred for one week for staff study. Questions by staff Planning Director Peterson asked whether it was the intent of the Council to have no attached single-family units and no apartments in this entire area, or whether the Council was referring to the density that would be involved with that kind of development. Councilman Scott explained that the motion was only to that section discussed at the last meeting - the 1440 acres. Housing types Mr. Peterson questioned whether it was Council's intent to eliminate as a housing type any attached single-family or multiple- family dwellings from the Sports World propo- sal. Councilman Scott indicated that this was the motion. Timing of development Mr. Peterson then questioned the timing. It was the staff's assumption that tbe arena could go in prior to the construction of Interstate 805, and the applicant agreed to delay the shopping center until after Interstate 805 was constructed. Councilman Scott affirmed this, explaining that the Council discussed Telegraph Canyon Road as an alternate and not utilizing J Street. In answer to Mr. Peterson's query, Councilman Scott further explained that L~]wood Drive would be required prior to opening of the Circulation pattern Mr. Bill Roberts, Assistant Director of Public Works, stated they would be working with the assumption that the circulation pattern in the area, other than the 400 acres, would be subject to chm~ge depending on the new density to the new single-family development. City Manager Thomson made reference to the list of conditions submitted to the Council by the Director of Public Works. These will be included in the package and incorporated into the conditions. - 3 - Councilman Scott remarked that these may or may not be incorporated, depending upon the density requirements. PUBLIC HEARING - (CONTINUED) This annexation encompasses 419 acres of land CONSIDERATION OF ANNEXATION located east and west of Interstate 805 in TO THE CITY OF CHULA VISTA the vicinity of H Street. The annexation was CERTAIN UNINHABITED TERRITORY initiated by Dr. Leonard Bloom and approved by KNOWN AND DESIGNATED AS LAFCO on January 15, 1973, with additional SPORTS WORLD PHASE I ANNEXA- property added by LAFCO to facilitate traffic TION circulation planning and administration once the property to the east is developed. Motion for staff study It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff be directed to look into the possi- bility of annexing the entire 1440 acres and not just the 419 acres - what the options are, what the problems and benefits may or may not be. ORDINANCE - It was moved by Councilman Scott, seconded by APPROVING THE ANNEXATION TO Councilman Hobel and unanimously carried that SAID CITY OF CERTAIN UNINHABITED this public hearing be held over. TERRITORY KNOWN AND DESIGNATED AS SPORTS WORLD PHASE I ANNEXA- TION - FIRST READING Recess A recess was called at 8:28 p.m. and the meeting reconvened at 8:48 p.m. PUBLIC HEARING - CONSIDERATION Assistant Director of Public Works Robens OF WAIVER OF UNDERGROUND reported that a condition of the approval OVERHEAD UTILITIES - MAIN of the tentative map of this subdivision STREET AND OTAY VALLEY ROAD required that utilities on the south side WITHIN RANCHO RIOS SUBDIVISION of Main Street and Otay Valley Road be under- grounded, or in lieu thereof, the developer initiate an assessment district to install said underground utilities. The developer initiated proceedings for the formation of an assessment district and con- tacted the property owners in the County of San Diego since most of the property lies in this area. They did not consent to the in- clusion of their property within the proposed assessment district. The cost of undergrounding would be approxi- mately $50,000, and the developer is request- ing a waiver since the ultimate objective of eliminating overhead poles and wires in Main Street and Otay Valley Road will not be accomplished. Council discussion Councilman Scott commented that the properties would be sold to certain individuals and questioned how the City would get them to waive their rights. City Attorney Lindberg stated that agreements are binding upon the heirs, assigns and successors. The property owners would buy their properties subject to such conditions and restrictions. Discussion followed as to the possibility of undergrounding this area in the future. - 4 - Otis Pemberton, Manager Mr. Pemberton stated that the $50,000 figure San Diego Gas & Electric was an estimate and asked for time to submit a more exact figure to the Council. Motion for continuance It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that this public hearing be held over for two weeks to get accurate figures for the under- grounding. ORDINANCE - WAIVING THE (Held over for two weeks.) REQUIREMENT TO UNDERGROUND OVERHEAD UTILITIES IN MAIN STREET AND OTAY VALLEY ROAD WITHIN RANCHO RIOS SUBDIVISION PUBLIC HEARING - APPROVING By Resolution No. 6782, adopted on March 20, SPREAD OF ASSESSMENTS, 1911 1973, the Superintendent of Streets prepared BLOCK ACT, PHASE ×IV the spread of assessments and recommended the method to secure the repayment of funds advanced by the City for Phase XIV of the 1911 Block Act. The people affected have been notified. Assistant Director of Public Works Robens submitted a plat showing the area in question. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6810 - Offered by Councilman Hyde, the reading of the APPROVING SPREAD OF ASSESS- text was waived by unanimous consent, passed MENTS, 1911 BLOCK ACT, and adopted by the following vote, to-wit: PHASE XIV AYES; Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noos: None Absent: None PUBLIC HEARING - APPROVING By Resolution No. 6783, adopted on March 20, SPREAD OF ASSESSMENTS, 1973, the Superintendent of Streets prepared 1911 BLOCK ACT, PHASE XV the spread of assessments and recommended the method to secure the repayment of funds advanced by the City for Phase XV of the 1911 Block Act. The people affected have been notified. Assistant Director of Public Works Roben5 sub- mitted a'plat noting the area in question. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6811 - Offered by Councilman Hyde, the reading of the APPROVING SPREAD OF ASSESS- text was waived by unanimous consent, passed MENTS, 1911 BLOCK ACT, and adopted by the following vote, to-wit: PHASE XV AYES: Councilman Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None - 5 - ORDINANCE NO. 1460 - In a report to the Council, Director of AMENDING ARTICLE 3 OF Public Works Cole explained that, under the CHAPTER 34 OF THE CODE present ordinance, a district is approved and ESTABLISHING REGULATIONS dates are set up whereby the property owner AND PROCEDURES FOR must be ready to receive underground service UNDERGROUND UTILITIES- and the overhead utilities to be removed - FIRST READING almost one year ahead of the construction time. This amendment has been proposed to provide more flexibility relative to estab- lishing specific dates for accomplishing the work. Ordinance placed on first It was moved by Councilman Scott that this 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None REPORT - PLANNING CO~qlSSION The Director of Planning reported that 5.94 RECONSIDERATION OF CHANGE OF acres recommended by the City Council for ZONE FOR APPROXIMATELY S.94 R-$-G-D and R-3-M zoning was considered by ACRES LOCATED AT THE NORTHWEST the Planning Commission. Since the General CORNER OF SECOND AVENUE AND Plan designates high density residential PALOMAR STREET (13-26 dwelling units an acre), either the R-3-M or R-3-G-D zoning is consistent with this designation. The Planning Commission concurred with the recommendation of the City Council and recommended the following: 1. That the 1.82 acre property be rezoned from R-1 to R-3-G-D. 2. That Council take no action on the proposal to rezone the 4.12 acres from R-3-G-D to R-3-M. Mr. Peterson, Director of Planning, noted that this acreage is within the 90-day moratorium, which was placed on rezoning and building permits. ORDINANCE NO. 1461 - It was moved by Councilman Hyde that this AMENDING ZONING ORDINANCE ordinance be placed on its first reading REGARDING CHANGE OF ZONE - with the understanding that the zone change 1.82 ACRES LOCATED 140 constitutes a waiver of the moratorium of FEET EAST OF SECOND AVENUE changes of zoning in the area, but not on AND 290 FEET NORTH OF construction. The ordinance title was read PALOMAR STREET FROM R-1 TO and the text waived by unanimous consent. R-~G-D - FIRST READING The motion carried by the following vote, to- wit: Ordinance placed on first AYES: Councilmen Hyde, Egdahl, Scott, reading Hamilton Noes: Councilman Hobel Absent: None County moratorium Councilman Scott asked if it was possible to find out when the County would respond to the moratorium request. Staff report Mayor Hamilton directed the staff to bring back a report on this at the next meeting. RESOLUTION NO. 6812 - City Attorney Lindberg explained that the ACCEPTING REAL PROPERTY - City of Chula Vista agreed to use its right COMMUNITY HOSPITAL ROAD of eminent domain in the acquisition of RIGHT-OF-WAY right-of-way for the access streets to serve the hospital. The street will be known as Brandywine Avenue and the local street frOm] Brandywine Avenue to the hospital site will be known as Dora Lane. Th~ ownership of that property lying within the unincorporated area will be transferred to San Diego County in order that it may be dedicated to public use. The property has been acquired in two deeds, one from Community Hospitat~site within its owner- ship and the balance from United Enterprises, Inc. 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 NO. 6813 - The subdivision, located on Brandywine Avenue, APPROVING AND ACCEPTING north of Main Street, east of Interstate 805 PUBLIC IMPROVEMENTS IN Freeway, consists of 200 lots. A final inspec- THAT CERTAIN SUBDIVISION tion of the improvements was made on March 23, KNOWN AND DESIGNATED AS 1973. The Director of Public Works reported BRANDYWINE SUBDIVISION, that the improvements have been completed UNIT NO. 1 to his satisfaction and in accordance with the requirements of 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, Hyde Noes: None Absent: None RESOLUTION NO. 6814 - This subdivision is located east of Otay APPROVING AND ACCEPTING Lakes Road between Gotham and Ithaca Street, PUBLIC IMPROVEMENTS IN west of Rutgers Avenue and consists of 81 THAT CERTAIN SUBDIVISION lots. A final Snspecti~8 was made on KNOWN AND DESIGNATED AS February 19, 1973, and all of the public SOUTHWESTERN COLLEGE improvements have been completed to the ESTATES NO. 5 satisfaction of the Public Works Director and in accordance with the requirements of 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, Hyde Noes: None Absent: None RESOLUTION NO. 6815 - Councilman Scott noted that his cousin was the GRANTING ADDITIONAL EXTENSION contractor, but that the City Attorney ruled OF TIME, HILLTOP DRIVE-PALOMAR there was no conflict of interest. STREET WIDENING - GAS TAX PROJECT #147 D~rector of Public Works Cole, in a written report to the Council, explained that the project has boen delayed due to inclement weather, and recommended an extension of sixteen days for the contractor, W. H. Led- better ~ Sons, to complete the project. The contract completion date will be May 1, 1973. - 7 - Resolution offered Offered by Councilman Egdahl~ the reading of the text was waiyed by unanimous consent, passed and adopted by the following vote, to-wit AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Ityde Noes: None Absent None RESOLUTION NO. 6816 - The vacant property at the northeast corner APPROVING AGREEMENT FOR of Center Street and Fourth Avenue was sold THE INSTALLATION OF to Richard G. Zogob on March 1, 1973. The STREET IMPROVEHENTS AT installation of the public improvements for CENTER STREET - RICHARD G. the property has been deferred four times. ZOGOB The new owner has signed an agreement to re- place the former owner's agreement and requests an extension of time until July 1, 1973; a pledge of monies in the amount of $1,900 has been pledged to guarantee the in- stallation of the improvements. 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 NO. 6817 - The contractor for the project, Traffic GRANTING EXTENSION OF Control Systems for Econolite Corporation has TIME FOR TRAFFIC SIGNAL requested an extension of 85 ,~alend~r days INTERCONNECT PROJECT for the completion of subject project, (TOPICS) because they are experiencing serious delivery difficulties from their material vendors. The extended contract tlme would be July 17, 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, Hyde Noes: None Absent: None RESOLUTION NO. 6818 - Mr. and Mrs. Merrill E. Nelson are selling APPROVING THE RELEASE their home at 441 James Court. In order to OF THAT CERTAIN DEFERRED secure financing by the proposed purchasers, IMPROVEMENT AGREEMENT Mr. and Mrs. Melton, it is necessary that BETWEEN THE CITY OF the escrow: agent be permitted by the CHULA VISTA AND AUSIE Council to aeeept a release of the lien LEE NELSON, MERRILL E. against the Nelson property and simultaneously NELSON AND LOUELLA M. place it on the property with the Meltons' NELSON, RECORDED purchase. DECEMBER 4, 1968, AS FILE NO. 212430 The Council was requeste~t to~leas~ the lien against the Nelsons while at the same time accepting the agreement to bind the Meltons for the deferred amount of $1,000. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the fo/lowing vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noeg: None Absent: None RESOLUTION NO. 6819 - Offered by Councilman Egdahl, the reading AUTHORIZING THE DEFERRAL of tha text ~a~ ~ai~ed by unanimous consent, OF THE INSTALLATION OF ~asaed and adoptad hy the following vote, CERTAIN PUBLIC IMPROVEMENTS to-w%t: ON THE PROPERTY TO BE SOLD AYES: Councilmen Egdahl, Scott, Hobel, TO THEODORE WILLIAM MELTON Hamilton, Hyde AND NATHANEAL MELTON, LOCATED Noes: None AT 441 ~_~S COROT IN T~H~ Absent: None ~IT¥ O~ CHULA ~STA RESOLUTION NO. 6820 - The City has received an application for the DECLARING ITS INTENTION installation of a temporary master antenna TO GRANT A LICENSE FOR television system in the Rancho Rios area TEMPORARY MASTER ANTENNA from the Rancho Rios Antenna System. SYSTEM IN THE RANCHO RIOS AREA IN THE CITY This resolution sets the public hearing for OF CHULA VISTA May 1, 1973. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, ttobel, Hamilton, Hyde, E~dahl Noes: None Absent: None RESOLUTION NO. 6821 - Section 11528 of the State Subdivision Map REQUESTING THE SAN DIEGO Act provides that the legislative body of any COUNTY PLANNING DEPARTMENT city which desires to inspect and make recom- TO SUBMIT TO THE CITY OF mendations concerning the map of a proposed CHULA VISTA ALL SUBDIVISION subdivision adjacent to, but outside MAPS FILED IN THE COUNTY its jurisdictional boundary line, may file ADJACENT TO, BUT OUTSIDE with the Clerk of the governing body a map OF, THE CITY'S JURISDIC- of the territory in which it is interested TIONAL BOUNDARY LINES in proposed subdivisions. The Planning Department has prepared a ter- ritorial map outlining the area of concern, or the basic sphere of influence in which subdivision maps filed within this area ·ffect the planning process of the City of Chula Vista. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, toZwit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None UNANIMOUS CONSENT ITEM: RESOLUTION NO. 6822 - This resolution provides for payment of the PROVIDING FOR THE SPECIAL services of the court reporter in the hearings APPROPRIATION OF FUNDS concerning Apollo Subdivision Unit 5 and TO COVER SERVICES OF the Sports World Arena. SHORTHkND REPORTER 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 REQUEST OF ROHR CORPORATION Comlcilman Hobel stated hc was abstaining TO LOCATE BUILDING 1N from v~tlng on th~2 matter since it affects TIDELANDS ZONE his employer. Rohr Industries has requested permission to locate a 20' x S0' prefabricated steel build- ing in the Tidelands Zone to be used for the operation of steel cutting equipment. This equipment will be relocated from an existing structure 300 feet to the north. The Tidelands Zone provides for the addition of accessory buildings after review and approval by the Planning Commission and the City Council. The Planning Commission recommended approval and made the appropriate findings. Council discussion Discussion ensued as to the conditions of approval, jurisdiction of the Port District and control by the City of the requirements as contained in the Zoning Ordinance. Approval of request It was moved by Councilman Egdahl a~d secOnded by Councilman Scott that the request be ap- proved. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: None Abstain: Councilman Hobel RECOMMENDATION FOR REINSTATE- The Safety Commission requested that the MENT OF CITY OF CHULA City's Newsletter be reinstated and con- VISTA'S NEWSLETTER sidered by the City Council during the budget study. Request to be considered It was moved by Councilman Hyde, seconded by at budget time Councilman Scott and unanimously carried that this request be considered by the Council at budget time. ORDINANCE NO. 1452 - The City Council has requested that the AMENDING ARTICLE 6 OF Campaign Contribution Ordinance be adopted, CHAPTER 1 OF THE CHULA but that it should automatically expire on VISTA CITY CODE BY ADDING the 30th day of June 1974 allowing experience THERETO NEW SECTIONS 1.605 pursuant to the terms of the ordinance THROUGH 1.635, ALL RELATING through one election. TO THE CONTROL OF CHULA VISTA MUNICIPAL ELECTION The ordinance had its first reading at the CAMPAIGN CONTRIBUTIONS AND meeting of March 20, 1973. EXPENDITURES - 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 adopted. Reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None - 10 - ORDINANCE NO. 1453 - At th~ ~eet~ng of March 27, 1973, the revised A~DING ZONING MAP OR ordinance ~a~ placed on first reading. This MAPS ESTABLISHED BY ordinance provid~ that th~ zoning a~ approved SECTION 33.401 OF THE h~~ th~ COuncil doe~ not become effective until CHULA VISTA CITY CODE, a final ~hdivision map or maps has been filed REZONING THAT CERTAIN and approved by the Council within two years PROPERTY LOCATED SOUTH of the effective date of the ordinance. OF ALLEN SCHOOL LANE, ]{EST OF OTAY LAKES ROAD FROM R-E-D TO R-E-P - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted 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 SCR 88 CONCERNING City Manager Thomson explained that Senate REORGANIZATION OF LOCAL Concurrent Resolution 88 was passed by the GOVERNMENTS WITHIN SAN DIEGO State Legislature on December 11, 1972, COUNTY and authorized the Joint Rules Committee to conduct a long-range, in-depth, comprehen- sive study of all local governments within the region of San Diego County. A meeting was held on March 1S and March 30, 1973, chaired by Supervisor Jack Walsh at which time he called upon all interested and concerned agencies to prepare a state- ment or resolution endorsing the SCR 88 proposal for a study of governmental struc- tures in San Diego County. This resolution would then be incorporated into a single statement of endorsement and presented to the Council on Intergovernmental Relations. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted and support given to the study effort. REPORT ON CHULA VISTA City Manager Thomson reported that there is VISITORS AND CONVENTION $3,178.50 still due on the $7,500.00 loan. BUREAU The Bureau members have been using their own money for matching funds for those areas which they failed to match last year. They are proceeding as indicated to fulfill their obligations. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried ~hat the report be accepted. STATUS REPORT ON REGIONAL City Manager Thomson reported that the staff COASTAL COMMISSION received an opinion from the State Attorney General going into various problem areas. Since the staff has not had an opportunity to review this opinion, he asked that ~his item be tabled, and a report will be brought back at some!lime'in the future. - 11 - Item tabled It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this item ha tabled~ REPORT ON ROBBERY City Manager Thomson reported that the City PREVENTION GRANT of San Diego's Police Department will receive FOR S;~N DIEGO POLICE a grant subject to California Council on DEPARTMENT Criminal Justice funds starting in July 1973. Chula Vista will be asked to provide one experienced officer to work on this twenty- man robbery team. Under this grant, the City will be receiving this officer's annual salary plus fringe benefits which will total $18,235. The objective of the program is to reduce the number of robberies in this area and to educate those persons who tend to be sub- jected to this crime in the positive measures of robbery prevention. Captain Virg Sieveno In answer to Council's queries, Captain Sieveno Police Department stated that the Department will have to hire another person to fill this officer's posi- tion for the one-year interim period. Authorization given to It was moved by Councilman Scott, seconded proceed with the grant by Councilman Hyde and unanimously carried that authorization be given to proceed with participation in the grant. REPORT ON INTERIM PROJECTS In a written report to the Council, Director FOR "J" STREET WIDENING of Public Works Cole recommended that the FROM EAST PARK LANE TO following work be performed as an interim CHURCH AVENUE - DIRECTOR measure to prevent any major drainage problems OF PUBLIC WORKS and t~ enable the storm drain and inlets to partially function: a. Construct full width A.C. spillways to the new curb inlets on J Street east of Third Avenue; b. Install a grate and small drain from the northeast to the southeast corner of Third Avenue and J Street; c. Plug the new curb inlet at the south- west corner of Fifth Avenue and J Street and cover it until the inter- section of Fifth Avenue and J Street is fully improved. Mr. Cole further recommended that the widen- ing of Third Avenue north and ~outh of J Street should be deferred until the City Council takes final action on the J Street widening project some six to nine months from now. Discussion Discussion followed i~ which Councilman Hyde questioned the status of the intersection at Ash and J Street. Motion It was moved by Councilman Hyde that the staff be directed to either taper that curbing, as requested by the home o%~ner adjacent to it, or come back to the Council wi~h an alterna- tive. No second to motion The motion died for lack of second. - 12 - Interim report accepted It was moved hi· Councilman Scott, seconded b7 Councilman Hobel and unanimously carried that the interi~ report be accepted. REPORT ON REQUEST FOR At its meeting of March 26, 1973, the Parks JUNIOIIIEI~N~S~'AD¥~SOR and Recreation Commission considered the AND INSTRUCTOR - DIRECTOR request of Mr. Vincent ~elan that a Junior OF PARKS AND RECREATION Tennis Advisor and Instructor be hired by the City. The Commission recommended denial for the following reasons: 1. The City has an existing contract with Mr. John Movido, Tennis Professional, which includes responsibility for pro- motion of a Youth Tennis Program. 2. Specialized instruction is presently furnished by the Department on a self- sustaining, fee basis. Approval of this request would expose this depart- ment to further requests for which funding would not be available at present. Set for Council Conference It was moved by Councilman Hobel and seconded by Councilman Scott that this item be set for a Council Conference on April 25, 1973. City Clerk Fulasz noted the other items pending for a Council Conference. City Manager Thomson stated he would have a report ready for the Council regarding the Chamber of Commerce lease, perhaps at the next ~eeting. Included in motion Councilman Hobel included in his motion to schedul* for this same Conference the item pertaining to the ad hoc committee on "Our House" as suggested by the ~man Relations Commission. Councilman Scott agreed to the second. Motion carried The motion carried by the following vote, to wit: AYES: Councilmen Hobel, Scott, Hamilton, Hyde Noes: Councilman Egdahl Absent: None M~YOR'S REPORT Irapuato Picnic Mayor Hamilton announced that an invitation has been extended by the International Friendship Commission to attend a "Welcome Irapuato Picnic" which will be held at Memorial Park on Monday, April 16, 1973, beginning at 4:30 p.m. The picnic will honor the eighteen guests from our Sister City of Irapuato, Mexico. Irapuato Trip Mayor Hamilton commented that funds are avail- able for the members of the Council to go to Irapuato. He added that the last part of April or tke first part of May would be the ideal time to make the trip, and asked the members of the Council to make their reser- vations with the secretary. - 13 - League Dinner The next dinner meeting of the League of California Cities will be held on Thursday, April 19, 1973, with Escondido being the host city, It will be held at the Escondido Country Club. Mayors' Meeting Mayor Hamilton reported on the Mayors' meet- ing held on April 9, 1973, in which the cities of the North County indicated they will be asking that the voting formula for the Comprehensive Planning Organization go back to the one city-one vote formula. Board of Director's Councilman Scott remarked that the Board of Meeting - Chamber of Directors will be considering the Library Commerce proposal at the meeting which will be held on Thursday, April 12, 1973 (12:30 to 1:30). He asked for time for rebuttal; however, he cannot make it and asked if another member of the Council could attend. Mayor Hamilton indicated he would attend. San Diego Transit proposal Councilman Hobel asked if the staff received any proposal from San Diego Transit Co~ora- tion. City Manager Thomson stated they have not. LAFCO Sphere of Influence Councilman Hyde asked about the status of the sphere of influence study by LAFCO. City Manager Thomson stated that no response was received from the Council's proposal. Mayor Hamilton explained that LAFCO appropri- ated $40,000 last fall to hire consultants for a sphere of influence study. The prpposal, as submitted by this City, was given to the consultants and will be taken into consider- ation. Resignations from commissions It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that resolutions be prepared thanking Mrs. Kincaid of the Safety Commission and Mr. Welden of the Parks and Recreation Commis- sion for their long services on these commissions. WRITTEN COMMUNICATIONS Verified claim for damages - A verified claim for damages was received Mark Randy Martin, 581 Moss from Mr. Martin in the amount of $35.00. He Street, Apt. B claimed that on March 4, 197~ at 12:00 a.m. a police officer kicked in his door and a warrant was served. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied in order that it can be turned over to the City's insurance carrier for investigation. Request for permission to Ms. Hepler has sent in a program for trans- initiate chauffeuring service porting senior citizens to and from shopping for senior citizens - Marjorie L, centers and tours of interest. She has asked Hepler, 731 G Street, D-15 for consideration of granting a Certificate of Public Convenience and Necessity to oper- ate this business. - 14 - Referred to staff It Has moved by Councilman Scott~ seconded by Councilman Hyde and unanimously carried that thl~ matter be referred to staff. Letter of resignation - Mr, Welden has submitted his resignation from James C. We lden, Parks the Parks and Recreation due to personal and Recreation Commission reasons, tie asked that the resignation be effective April 1, 1973. Resignation accepted It was moved by Councilman Hyde, seconded with regret by Councilman Scott and unanimously carried that the resignation be accepted with regret and a resolution be prepared thanking him for his services on the Commission. Letter from Board of Mr. Thomas R. Waddell, Attorney at Law, Directors of Chula Vista representing the Police Relief Association, Police Relief Association sent in a letter asking that the Council give regarding LPG careful consideration to the problems in- curred by the use of LPG in police vehicles. Mr. Waddell cites several problems experienced by the police officers and summarized the report by stating that when the manufacturer can offer propane as a factory-equipped option with all the addendum safety standards estab- lished, then the use of propane-powered ve- hicles would then be ideal. Referred to staff It was moved by Councilman Egdahl and seconded by Councilman Hobel that this matter be referred to staff and hold up the installa- tion of the LPG on the new vehicles until this problem can be solved. Discussion Discussion followed concerning the motion. City Manager Thomson announced that a work- shop was held last week at the Police facility concerning this matter. The staff will have a report ready for the Council at the next meeting. Units on order Assistant Director of Public ;~orks Robens declared that tanks have been ordered -- there is a critical time problem involved to get the tanks and the vehicles at the same time. Councilman Hobel suggested the order be placed on "hold." Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hobel NOES: Councilmen Scott, Hamilton, Hyde Absent; None Referred to City Manager It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that this matter be referred to the City Manager for a report as requested by Coun- cilmen Egdahl and Hobel. Various requests from "Our Mr. Gary Wappes, Administrator, stated that House" relating to fund- "Our House" is initiating an area-wide fund- raising activities raising drive to support the actual opera- tional costs of the program. They are re- questing the following: - 15 - 1. A Council resolution authorizing the ~aek of April 28 through May 6 as U0ur House Week~U 2. A marathon danoe on April 28 from 12:00 a.m. to 12:00 p.m. at the Parkway Gym; 3. Permission for a raffle of merchan- dise provided by merchants; 4, Permission to hold an open-air festival of arts and crafts at Fourth Avenue and F Street from May 5 through May 6; 5. A canvassing of the homes in Chula Vista giving out a pamphlet outlining the services of "Our House." Referred to City Manager It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the requests be referred to staff with a general endorsement to work with the "Our House" staff, and come hack to the Council with a resolution. ORAL CO~qUNICATIONS Dick Simonson, Attorney Mr. Simonson stated he is representing a San Diego client who wishes to purchase Roy's Jewelry and Loan Company, 267 Third Avenue. His client does not meet the residency qualifi- cation (one-year resident of Chula Vista)~ City Attorney Lindberg explained that the Superior Court has recently ruled that auc- tioneers could not be denied a license based on the residency requirements. Mr. Lindberg suggested that Mr. Simonson proceed with the licensing process subject to Council determination that an ordinance be brought back to eliminate this residency provision in the City Code. Revision to ordinance to It was moved by Councilman Scott, seconded be brought back by Councilman Hobel and unanimously carried that a revision to the ordinance be brought back next week for Council consideration. Eugene Coleman Mr. Coleman asked for clarification of the 1670 Gotham Street motion made last week concerning Sports World. It was his understanding that Section 35.1311 of the Zoning Ordinance restricted the Council to action approving or disapproving the re- quest, and the request was, in fact, modified. City Attorney's opinion City Attorney Lindberg explained that the Council was acting upon a negative recom- mendation of the Planning Commission to an application for a modification of the existing P-C zone. The Council chose to make the modification of that zoning, and it is the opinion of the City Attorney's office that they were within their legal rights in doing ~o. - 16- Frederick A. R. Drew Mr, Drew discussed Ordinance No, 1414 as it 1275 Banndr Avenue referred to political signs~ He complained that the proponents of the "yes" vote on Proposition "A" have flagrantly violated the laws of the City and "have posted almost every political sign in outright and obvious violation of the ordinance." He asked that the Council either change the sign law or properly enforce it. Discussion Discussion followed as to the procedure used by the City in checking these 9iolations. Mr. Drew was asked to advise the staff as to the particular signs he has a complaint about and request appropriate action: the parti- cular address and the specific violation to be noted. Bob Green Mr. Green read a letter he received from the 292 Talus Street mother of a student at Southwestern College who complained about the "filth" being published in the College newspaper and the terrible work assignments, especially in the Political Science courses that the students are given. Request for resolution Mr. Green submitted a copy of the letter and a copy of the newspaper to the Council, and requested that Councilman Egdahl make a resolution to condemn this type of porno- graphy at the local college, and that this be done in the name of decent, honest and responsible families in Chula Vista. City Attorney's opinion Attorney Lindberg declared that the State has preempted the field in a regulation of literature which may be classified as pornographic. In the past, the Council has been aware of its limitation in taking any action in this field. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:22 p.m. to the meeting scheduled for Tuesday, April 17, 1973, at 7:00 p.m. - 17-