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HomeMy WebLinkAboutcc min 1973/02/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF Tl~ CITY OF CHULA VISTA, CALIFORNIA Held Tuesday February 27, 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 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 Finance Grant, Director of Parks and Recreation Hall, Assist- ant Director of Planning Williams, Purchasing Agent Espinosa, Assistant Planner Lettieri The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the minutes of the meetings of February 7, 14, 15 and 20, 1973, be approved, copies having been sent to each Councilman. INTRODUCTION OF NEW DIRECTOR City Manager Thomson introduced the newly- OF PLANNING AND ADMINISTERING appointed Director of Planning, Mr. David OATH OF OFFICE James Peterson. City Clerk Fulasz administered the oath of office to Mr. Petersen. PUBLIC HEARING (CONTINUED) - Director of Planning Poterson explained CONSIDERATION OF VARIOUS that Assembly Bill 1301 requires the City's ZONE CHANGES TO BRING ZONING Zoning Ordinance and General Plan to be INTO CONFORMANCE WITH THE consistent by July 1, 1973. CHULA VISTA GENERAL PLAN tie added these zone changes were originally scheduled for consideration on January 23, 1973. The public hearing, however, was continued to this date and since that time "consistency" has become better defined and it will be necessary to amend thc zoning map or the General Plan only where the existing zoning would permit a use not contemplated by the Plan. Therefore, of the fourteen revisions originally proposed, only seven have been recommended by the Planning Com- mission for consideration by the Council; the Commission recommended referral of the other seven back to them for further review. Public hearing opened This being the time and place as advertised, Hayer Hamilton opened the public hearing. Assistant Planner Lettieri described the areas under consideration for rezoning as fo 1 lows: Area 1 Area 1 - Approximately 370' east of National Avenue to North Fifth Avenue, north of State Sa Freeway to City boundary from C-C-F to Area 2 Area 2 - East of North Fourth and Highland Avenues, adjacent to the State 54 on and off ramps from C-T-F to I-L-F; Area 3 Area 3 ~ Small sliver of land 100' north of Third Avenue, south of C Street from R-3 to R-3-G-D; Area 5 Area 5 - Southeast corner of Davidson and Garrett Avenue~ 7 lots, from R-3-D to C-O-D (Civic Center Design Control District); Area 7 Area 7 - South side of G Street, east of Broadway frem C-T to C-O; Area 11 Area 11 - Southwest corner of Bonita Road and Sandalwood from R-3-D to R-3-G-P. Larry Antinone Mr. Antinone stated he represents several 39 Sandalwood Drive people in the Bonita Cove-Rogan Hills area who are opposed to the proposed zoning. show of hands indicated there were fourteen people present opposing this zoning.) He referred to the original Planning Department recommendation for R-1 zoning of this property. Mr. Antinone remarked he had circulated a petition requesting that the natural boundaries between the multiple dwellings and the family residences be upheld and that the vacant lot and the Zumstein's residence be zoned R-1 as originally recommended by the Planning Department. The petition to which Mr. Antinone referred was received in the office of the City Clerk on January 23, 1973. It bears sixty-one signatures, representing virtually 100% of the property owners who could be contacted. Norman Williams, Mr. Williams eutlined the history of the Assistant Director proper~iesinquestien and the original Planning of Planning Department recommendation. He noted letters received by Mr. and Mrs. Leo Zumstein and Lucy and Roland Bergeron eppesing the proposed zoning and requesting R-1 zoning for this area. Alfred E. Pellerin Mr. Pellerin stated he was for zoning the 249 £ucalyptus Court area to R-1 and offered a proposal for alle- viating the traffic and pollution problems he and other property owners feel are caused by the "overdeveloped" areas of the Cove. He would propose elosing the entrance to Sandalwoed Drive and indicated the property o~ers would assume the cost of the street closing. Larry Antinone Mr. Antinone briefly described the proposal as presented by Mr. Pellerin. Bonita Glen Drive In answer to Councilman Scott's inquiry, Mr. Lettieri remarked that Bonita Glen Drive would connect to Vista Drive once the freeway is completed. Director of Public Works Cole stated this connection i5 a part of the State Division of Highways contract. Randolph M. West Mr. West indicated a desire to have the 271 Eucalyptus Court property in question zoned R-l. He discussed existing traffic problems and offered, as a possible solution of these problems, a plan for closing the exit from the apartment com- plex and closing the exit from the shopping - 2 - center. He objects to high density zoning for this area. Do,n-zoning Mayor Hamilton remarked that the existing zoning on this property is R-3-D and the zoning recommended by the Planning Conunission is R-3-G-P which decreases the density of this property by more than 50%. Martha Zumstein Mrs. Zumstein objected to property in back of 2704 Bonita Road hers being zoned higher density and stated she would be in favor of R-1 zoning, which she feels would alleviate traffic problems. Frank Ferreira Mr. Ferreira requested that this matter be Chula Vista dropped. He indicated the present zoning is in conformance with the General Plan. Motion to hold over It was moved by Councilman Scott and seconded and readvertise for by Councilman Hobel that Area 11 be held over public hearing and readvertised for a public hearing to consider R-1 zoning. Frank Ferreira Mr. Ferreira referred to Lot 1 - Bonita Cove and the drainage problems in the drainage basin south of this subdivision. He recommended study of previous actions regarding this matter before further action is taken. City Attorney's opinion In answer to Councilman Hobel's inquiry as to the propriety of the motion before the Council, City Attorney Lindberg stated the motion may be proper, but the Council has before it the matter of rezoning and it may direct a re- zoning to R-1 and ask for a report from the Planning Commission on that particular item. He added that the City does not enter into contractual agreements relating to rezoning. Frank Ferreira Mr. Ferreira noted the contract with the City regarding this property in 1964 and would expect the property to remain with R-5 zoning, as was granted in 1964. Speaking against motion Councilman Hyde spoke against the motion and indicated he would prefer to proceed with the action tonight on the basis of information at hand. Mayor Hamilton stated he thought it most proper to return this matter back to the Planning Conm~is~ion for further deliberations. During discussion of the process to be followed if this matter were to be referred back to the Planning Commission, City Attorney Lindberg remarked that if the Council desires to modify the recommendation of the Planning Commission, the matter must be referred back to said Commission for a report, but a public hearing is not cenducted. He added that in order to have the Planning Commission proceed with a public hearing on the rezoning from R-3-D to R-1 zone it would be necessary to initiate that and, at the same time, deny the recommendation of the Planning Commission before the Council this evening. The zoning would then be left at R-$-D in the interim period. Following would be readver- rising and setting the matter for a public hearing before the Council. He stated that the Council could, however~ determine at this meeting what course, other than that recommended by the Planning Commission, they desire to follow and direct the Commission to give a report on this matter without a public hearing. Councilman Scott expressed the intent of the motion as being to obtain new information on which to base a decision. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None City Attorney's opinion City Attorney Lindberg stated it would be appropriate at this time to deny the zone change as recommended by the Planning Commission. Motion to deny It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that Area 11 be taken out of Item 1-B and denied. Area 12 Area 12 - West of 1-805, 500' south of Otay Valley Road from R-3-G and R-3-G-F to R-2 and R-2-F. In answer to a question posed by Councilman Hobel, Assistant Planner Lettieri explained the density change brought about by this zoning change would be from seventeen to ten dwelling units per acre. Correspondence noted The Clerk noted correspondence received from requesting consideration Gus Pappas (on behalf of Omar Rendering for deleted Area 13 Company),Virgil Clapp, Robert Jones, Jimmie Shinohara and Renee Cokin requesting the placement of Area 13 on the agenda for consideration at this meeting. Motion to place Area 15 It was moved by Councilman Egdahl, seconded on the agenda by Councilman Scott and unanimously carried that Area 13 be placed on the agenda for consideration this ovoning. Area 13 Area 1S -North of Otay Valley Road, 600' east of Brandywine Avenue, from A-8 to I-P. Mr. Virgil Clapp Mr. Clapp stated he was the owner of fifty- 528 Third Avenue eight acres of property adjacent to the Omar Rendering Plant. He spoke in favor of zoning this property "industrial with a precise Assistant Director of Planning Williams noted the Planning Commission'sprevious recommendation on this area and added there would be no objections to the I-P zoning. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. ORDINANCE NO. 1445 It was moved by Councilman Egdahl that this AMENDING ZONING MAP ordinance be placed on its first reading and OR MAPS ESTABLISHED that reading of the text be waived by BY SECTION 33.401 OF unanimous consent. THE CHULA VISTA CITY CODE, REZONING THAT The motion carried by the following vote, CERTAIN PROPERTY to-wit: LOCATED 370 FEET EAST AYES: Councilmen Egdahl, Scott, Hobel, OF NATIONAL AVENUE TO Hamilton, Hyde NORTH FIFTH AVENUE, Noes: None NORTH OF STATE 54 Absent: None FREEWAY TO CITY BOUNDARY FRO~4 C-C-F TO I-L-F - First reading ORDINANCE NO. 1446 It was moved by Councilman Egdahi that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION 33.401 that reading of the text be waived by OF THE CHULA VISTA CITY unanimous consent. CODE, REZONING THAT CERTAIN PROPERTY LOCATED EAST OF NORTH The motion carried by the following vote, FOURTH AND HIGHLAND AVENUE, to-wit: ADJACENT TO STATE 54 ON AND AYES: Councilmen Egdahl, Scott, Hobel, OFF RAMPS FROM C-T-F TO I-L-F - Hamilton, Hyde First reading Noes: None Absent: None ORDINANCE NO. 1447 It was moved by Councilman Egdahl that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION 33.401 that reading of the text be waived by OF THE CHULA VISTA CITY unanimous consent. CODE, REZONING THAT CERTAIN PROPERTY LOCATED 100 FEET The motion carried by the following vote, NORTH OF THIRD AVENUE, SOUTH to-wit: OF C STREET FROM R-3 to R-3-G-D- AYES: Councilmen Egdahl, Scott, Hobel, First reading Hafailton, Hyde Noes: None Absent: None ORDINANCE NO. 1448 It was moved by Councilman Egdahl that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION 33.401 that reading of the text be waived by OF THE CItULA VISTA CITY unanimous consent. CODE, REZONING THAT CERTAIN PROPERTY LOCATED AT THE The motion carried by the following vote, SOUTHEAST CORNER OF DAVIDSON to-wit: STREET AND GARRETY AVENUE AYES: Councilmen Egdahl, Scott, Hobel, (7 LOTS) FROM R-3-D to C-O-D Hamilton, Hyde First reading Noes: None Absent: None ORDINANCE NO. 1449 It was moved by Councilman Egdahl that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION 33.401 that reading of the text be waived by unani- OF THE CHULA VISTA CITY mous consent. CODE, REZONING THAT CERTAIN PROPERTY LOCATED ON SOUTH The motion carried by the following vote, SIDE OF "G" STREET, 115 FEET to-wit: EAST OF BROADWAY, FROM C-T AYES: Councilmen Egdahl, Scott, Hobel, TO C-O - First reading Hamilton, tlyde Noes; None Absent: None ORDINANCE NO. 1450 It was moved by Councilman Egdahl that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION 33.401 that reading of the text be waived by unani~ OF THE CHULA VISTA CITY CODE, mous consent: REZONING THAT CERTAIN PROPERTY LOCATED WEST OF The motion carried by the following vote, INTERSTATE 805, SOUTtt OF to-wit: OTAY VALLEY ROAD, FROM R-3-G AYES: Councilmen Egdahl, Scott, Hobel, AND R-3-G-F TO R-2 AND R-2-F - Hamilton, Hyde First reading Noes: None Absent; None ORDINANCE NO. 1451 It was moved by Councilman Egdahl that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading ESTABLISHED BY SECTION 53.401 and that reading of the text be waived by OF THE CHULA VISTA CITY CODE, unanimous consent. REZONING TMAT CERTAIN PROPERTY LOCATED NORTH OF OTAY VALLEY The motion carried by the following vote, ROAD, 600 FEET EAST OF to-wit: BRANDYWINE AVENUE FROM A-8 AYES: Councilmen Egdahl, Scott, Hobel, TO I-P - First reading Hamilton, Hyde Noes: None Absent: None - 5 - RECESS A recess was called at 8:15 p.m., and the meeting reconvened at 8:27 p.m. PUBLIC HEARING - On February 6, 1973, the Council adopted CONSIDERATION OF ESTABLISHING Resolution No. 6731, calling a public hearing AN UNDERGROUND UTILITY DISTRICT to consider establishing an underground ON "E" STREET utility district on E Street. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Director of Public Works Cole reported this hearing is being held to determine whether public necessity, health, safety or welfare requires the formation of an underground utility district on E Street between the Interstate 5 Freeway and Broadway. He added that affected property o~mers must be ready to receive underground service by August 1, 1973, and that all poles, overhead wires and associated overhead structures must be removed and the underground installation of wires and facilities for supplying electric, communication or similar associated service must be completed on or before November 1, 1973. Mr. Cole reported the estimated cost of the undergrounding to be $145,000; this money is allocated to the City by the San Diego Gas & Electric Company. The work is performed by them or by a contractor of their choice. Next project Mr. Cole indicated the next project would be on Broadway, G to H Streets, and that San Diego Gas and Electric Company would continue on with that after the E Street district is established. Starting date In answer to Councilman Hobel's inquiry, Mr. Cole stated the design has already been started by San Diego Gas and Electric Company, but the starting dates are somewhat arbitrary ---possibly July to November, 1973. Rationale Mr. Cole explained the rationale for including or excluding certain properties in the district. Public hearing closed There being no comments, either for or against, the public hearing was declared closed. RESOLUTION NO. 6752 Offered by Councilman Hyde, the reading of the ESTABLISHING AN UNDERGROUND text was waived by unanimous consent, passed UTILITY DISTRICT ON "E" Street and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Resolution offered Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6753 The current budget provides for the purchase AUTHORIZING THE PURCHASE of eight police patrol vehicles. Purchasing OF EIGHT POLICE VEHICLES Agent Expinosa reported that the City will be able to secure said vehicles via a cooperative purchasing arrangement with the County of Los Angeles. The vehicles proposed for purchase are the American Motors Matador Police Specials. The low bidder under the County of Los Angeles Bid is Bonanza American, Inc., of North Hollywood. Mr. Espinosa stated the cost of acquiring the eight vehicles is $27,906.65. These vehicles do not have an option regarding LPG, however, and if the City desires an LPG system, it will cost $500.00 per unit, making the total cost of - 6 - the vehicles with LPG $31,906.65. Two resolutions were provided the Council for consideration: one for vehicles with LPG; one for vehicles without LPG. Resolution without LPG offered Offered by Councilman Hobel. Speaking against motion Councilman Scott spoke against the motion. Councilman Hobel explained the reason he is not ready to vote for LPG: (1) A previously requested year-end report on maintenance had not been received; (2) there has been no report from the Police Department on the operation of vehicles having LPG; (3) he would like a safety-factor report in regards to this system; and (4) he would also like to see a report on the total installation cost of the current eight units. In answer to Councilman Egdahl's query, Mr. Espinosa stated there is a critical time factor in obtaining these vehicles. Report to Council City Manager Thomson stated that odor problems relating to LPG are being investigated. He added that based on information available to him there are no hazard problems. Mr. Thomson indicated a detailed report on cost-unit factors would be forthcoming. Councilman Hobel expressed a desire to have the study on safety factors performed by an independent source. Call for the question Councilman Egdahl called for the question. The reading of the text'was waived by unanimous consent. Motion carried The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None RESOLUTION NO. 6754 Mr. James Expinosa, Purchasing Agent, reported CONCURRING WITH AWARD OF to the Council that bids for the City's ANNUAL GASOLINE REQUIREMENTS annual gasolin~requirements were advertised FOR THE CITY OF CHULA VISTA, via a cooperative purchasing arrangement with UNDER COMBINED BID WITH THE the City of San Diego. The Purchasing Agent of CITY OF SAN DIEGO TO San Diego has notified Mr. Espinosa that the STANDARD OIL COMPANY low bidder is Standard 0il Company. The period to be covered is February 16, 1973 through February 15, 1974. Prices are: Premium - .2220; Regular - .2111. Cost of gasoline Councilman Egdahl asked about the amount of gasoline being used now that LPG has been installed in some of the vehicles as opposed to when it was not. Director of Public Works Cole stated that only police vehicles, one sweeper and one truck have been converted to LPG. Resolution offered Offered by Councilman llyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilman Hyde, Egdahl~ Scott, Hobel, Hamilton Noes: None Absent: None - 7 - RESOLUTION NO. 6755 In a report to the Council, Director of GRANTING A SEWER SERVICE CHARGE Public Works Cole stated that the San Diego VARIANCE TO THE SAN DIEGO UNIFIED Unified Port District has requested a variance PORT DISTRICT IN PROPERTY LOCATED from the standard sewer service charge for AT THE CHULA VISTA BOAT LAUNCH its public comfort station at the Chula Vista FACILITY AT THE WEST END OF "J" goat Launch Facility at the west end of J Street. STREET IN THE CITY OF C~LA VISTA It is recommended that the variance be granted and that the sewer charge billing by California- American Water Company be a flat fee of $3.00 per month. 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: Councilman Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6756 City Clerk Fulasz explained to the Council PROVIDING FOR THE SPECIAL that in most cities, the job of maintaining APPROPRIATION OF FUNDS the codification of the Code is the respon- FOR COMPLETE RECODIFICATION sibility of the City Clerk's office. She OF THE CITY CODE added that in our City the Code is used daily m~d in view of the fact that a complete Code has not been available for a few years, she has asked that she be made responsible for the codification. The proposed codifi- cation will take over a year to complete (or two fiscal years); however, the total amount of $12,000 is being requested for this fiscal year as contracts need to be signed for the full amount. Any balance will be encumbered for the next fiscal year. Consideration at budget time Councilman Scott remarked that he thought this matter should not be considered until budget deliberations as he sees no need for a special appropriation at this time. Necessity for codification Mayor Hamilton spoke in favor of the proposal due to the necessity of codification. He felt it appropriate that the cost come from Revenue Sharing Funds. City Manager Thomson City Manager Thomson indicated support of this request. He commented on the current need for this codification. City Clerk Fulasz spoke on the problems caused by lack of an up-to-date City Code. Mrs. Fulasz explained that the last supplement to the printed Code was printed in 1965. She added that the City Clerk's office receives an average of 135 calls a month requesting information which could be easily obtained if an up-to-date Code existed; right now it involves much staff time resemrching. Mrs. Fulasz stated a conservative cost of maintaining the Code would be from $1,500 to $2,500 annually. Resolution offered Offered by Councilman Hobel. The reading of the text was waived by unanimous consent. The resolution was passed and adopted by the following vote, to-wit: AYES: Councilme. n Hobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None -8 - RESOLUTION NO. 6757 At the meeting of February 20, 1973, the URGING THE U.S. ARMY Council requested that a resolution be CORPS OF ENGINEERS AND FEDERAL prepared roflecting the Council's commitment AND STATE ENVIRONMENTAL to the preservation of the natural environment AGENCIES TO ACT PROMPTLY insofar as possible in the Tia Juana Valley IN RESOLVING THE FLOODING and the avoidance of the use of a concrete SITUATION IN THE TIA JUANA channel which would encourage total development VALLEY of the Valley area while at the same time joining with the City of Imperial Beach in expressing our concern for the obvious problems that will be created through the developsent of the Mexican flood control project. Motion to file It was moved by Councilman Egdahl and seconded by Councilman Hyde that this item be filed. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hyde NOES: Councilmen Scott, Hobel, Hamilton Absent: None 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, Ilyde, Egdahl Noes: None Absent None RESOLUTION NO. 6758 Mr. GordOn Grant, Director of Finance, pre- APPROVING AGREEMENT sented a report to the Council in which he BETWEEN THE ciTY OF referred to Council's conceptnal approval CHULA VISTA AND THE at the meeting of October 17, 1972, of pro- CITY OF EL CAJON FOR viding data processing services to outside DATA PROCESSING SERVICES agencies in order to defray the costs of the computer. RESOLUTION NO. 6759 APPROVING AGREEMENT Copies of the agreements ~re provided to BETWEEN THE CITY OF the Council for review. The agreements state CHULA VISTA AND THE that both cities desire the computer services CITY OF IMPERIAL BEACH to pro~ess their payrolls and that the City FOR DATA PROCESSING of Chula Vista now has the ability to do so. SERVICES Also stated is tile fact that additionai services may be authorized by the Finance Department for additional data processing services at prevailing rates when requested by either city. City Manager Thomson noted the total service fees for the first twelve-month period, effective January 1, 1973, as being $4,925. Resolutions offered Offered by Councilman Scott, the reading of the text of both resolutions was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdabl Absent: None RESOLUTION NO. 6?60 At a Council Conference held on August 2, APPROVING AGREEMENT BETWEEN 1972, the Council approved a proposal made THE CITY OF CMULA VISTA by the Parks and Recreation Department for the AND THE CHULA VISTA construction of a model railroad at LIVE STEAMERS, INC. Rohr Park. FOR THE CONSTRUCTION AND OPERATION OF A MODEL Director of Parks and Recreation Hall reported RAILROAD AT ROHR PARK that the use agreement between the City and the Chula Vista Live Steamers, Inc. is necessary in order to delineate the responsibilities - 9 - of both parties with respect to the construc- tion and operation of the model railroad. The proposed use agreement has been reviewed and approved by the Board of Directors of the Chula Vista Live Steamers, Inc. Motion to file It was moved by Councilman Egdahl that this item be filed. Motion withdrawn Councilman Egdahl withdrew his motion. Master Plan Councilman Egdahl remarked that he thought this proposal is an intrusion into the master plan for this area as presented in earlier discussions with staff. He stated he did not favor this use for a public park, mainly due to the amount of space devoted to this activity. E. Emerson Hall Director of Parks and Recreation Mr. Hall pointed out the area involved in this proposal and commented on the changes made since original discussions, tle stated he did not feel this activity would interfere with the picnic areas, but rather enhance it. Resolution offered Offered by Councilman Hyde. The reading of the text was waived by unanimous consent. The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Hamilton Noes: Councilmen Scott, Egdahl Absent: None RESOLUTION NO. 6761 AMENDING RESOLUTION NO. 5966, In a report to the Council, City Attorney ENTITLED "RESOLUTION OF THE Lindberg referred to previous action of the CITY COUNCIL OF THE CITY OF Council declaring its intention to accept CHULA VISTA, DECLARING ITS a gift of Chula Vista Community Hospital INTENTION TO ACCEPT A GIFT OF facilities when tendered frcc and clear of CHULA VISTA COMMUNITY HOSPITAL all indebtedness. The purpose of such dec- FACILITIES WHEN TENDEP~ED AND laration was to enable the hospital to sell MAKING DETERMINATIONS WITH first mortgage bonds as a means of financing RESPECT TO THE ORGANIZATION thc facility on a nonprofit basis. OF SAID NONPROFIT CORPORATION AND THE BONDS TO BE ISSUED Mr. Lindberg stated the previous resolution BY SAID CORPORATION" should now be amended due to a substantial change in the method of financing. 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, Egdahl Noes: None Absent; None REQUEST FROM CHULA VISTA Mr. Dick F. Chase, Sr., President of Chula Vista SANITARY SERVICE, INC. Sanitary Service~ Inc., has requested auth- FOR PROPOSED MERGER orization to merge with SCA Services, Inc. SCA Services, Inc. is a Delaware corporation operating in twenty-four metropolitan areas in twelve states. City Manager Thomson reported he has reviewed this proposal with both the City Attorney and Director of Finance and is reco~i~ending approval of the request and that Chula Vista Sanitary Service, Inc. negotiate with SCA Services, Inc. for the possible merger. - 10- Dick F. Chase, president In answer to Councilman Hobel's inquiry, Chula Vista Sanitary Service Mr. Chase stated he will have a contract with a minimum of five years for management purposes. He added the corporation would keep its same identity and would retain the same officers. Request granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this request be granted. REPORT ON STATUS OF City Manager Thomson submitted a report to HUD GRANTS the Council in which he outlined the status of the Parks-in-Cities Grant (HUD). He stated the updated formal appraisals for the Otay Park site have been forwarded to HUD and processing the refund papers for the acquisition cost of Otay is the only thing that remains to complete this part of the grant. The refund on the acquisition will be for $19,500. At the Council meeting of February 20, 1973, a question was raised about the City's paying "delinquent" taxes on the Otay Park site acquisition. City Attorney Lindberg stated that payment of such a bill by the City totally agrees with the understanding arrived at pursuant to negotiations. Mr. Lindberg recommended that an additional appropriation be approved to cover these tax bills. Mr. Thomson cgmmented on the Larkhaven Park site and that it has been approved as the alternative site for Harborside. At this time the City is waiting for a contract change to be forwarded from the HUD Counsel. The Larkhaven acquisition should be completed within sixty days. Report accepted It was moved by Councilman Scott, seconded by Councilman ttyde and unanimously carried that the report of the City Manager be accepted. REPORT ON ANIMAL SHELTER - In a report to the Council, City Manager COUNTY AND CITY COOPERATION Thomson reviewed the analysis made by staff gf the possibility of entering into an agreement with the County of San Diego for the use of ~limal shelter f~ci~ities: Some of the factors taken into consideration were: 1) Hours of O~era[,ion - County proposes services from ~ - 5, Monday through Friday; 2) Staff Work - Due to requirement of neces- sary paperwork, contracting with the County would not release another full position for animal control; 3) Location - County's proposed location is one-mile more distant than that proposed by the City; 4) Fees - County's fees are higher and charges are made for some services City currently provides free. He indicated better service ~t a lower cost would be provided with a City-owned and staffed animal shelter, and therefore recommended that the City proceed with property acquisition and build a City animal shelter faci]~tM~ Motion to accept City It was moved by Councilman Scott, seconded by Manager's report and Councilman Egdahl and unanimously carried that recommendation the City Manager's report and recommendation be accepted. REPORT ON SAFETY At the Council meeting of February 13, 1973, COMMISSION RECOMMENDATION a recommendation was presented by the Safety Commission for their participation in the evaluation of all projects relating to vehi- cular or pedestrian traffic safety within the public rights-of-way within the City. The staff was given direction at that time to present a specific recommendation on this matter on February 27, 1973. City Manager Thomson included in his report opinions from five departments affected by this proposal. In su~nary, they are as follows: Chief of Police - Against the change; objects to SaFety Commission being given additional responsibilities; Director of Public Works - Does not recom- mend Safety Commission participation in all routine operations Acting Director of Planning - Would not support mandatory referral; prefers referral after review by staff Fire Chief - No recommendations Director of Building & Housing - Perhaps appeals procedure to the Safety Commission could be established relative to con- struction of facilities adjacent to major streets. RESOLUTION ESTABLISHING A It was moved by Councilman Egdahl and seconded POLICY WHEREBY THE SAFETY by Councilman Scott that the City Manager's COMMISSION WILL BE CALLED report be accepted and that the resolution UPON AT AN EARLY STAGE IN providing for non-mandatory referral from other THE PLANNING PROCESS FOR departments be offered. ~{E EVALUATION OF PROJECTS WHICH MAY RELATE TO MATTERS Discussion ensued on the original request of OF VEHICULAR OR PEDESTRIAN the Council to have a resolution brought back TRAFFIC SAFETY WITHIN THE on this matter for the purpose of bringing PUBLIC RIGHTS-OF-WAY WITHIN about a change in the relationship of the THE CITY OF CHULA VISTA function of the Safety Commission with the planning process. Motion to bring resolution back It was moved by Councilman Egdahl~ seconded by Councilman Scott and unanimously carried that this resolution be brought back to the meeting of March 6, 1973, for consideration. City Manager Thomson asked that the content of the resolutio~ be modified to reflect referral from "staff" as opposed to spe¢ifically- n~ned departments. REPORT ON STATUS OF A~sistant Director of Planning Williams CHULA VISTA BAYFRONT reported he has spoken with Mr. Tom Cooke, STUDY consultant, Sedway/Cooke, and it is Mr. Williams' understanding that the remaining chapters of the final draft of the Chula Vista Bayfront Plan and Program will be submitted for review by March 7~ 1973. The target date for receipt of the final report is sometime between March 16 and 26, 1973. Report accepted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this status report be accepted. - 12 - SAN DIEGO TRANSIT Councilman Hobel reported that he, as Chula Vista'$ reporesentative to the Comprehensive Planning Organization, voted "~o" on San Diego Transit Corporation's proposal at a recent B6ard of Directors meeting. SB 325 FUNDS In discussing previous information given to the Council relative to Chula Vista's quali- fication for SB 325 funds, Councilman Hobel stated that a city does qualify if there is no existing transit district and it can meet the capital criteria. Deadline for application City Manager Thomson stated he would check this information out before the May deadline. FUTURE TRANSIT SYSTEMS Discussion was held on possible planning of future transit systems. Councilman Hobel suggested the City Manager report back to the Council relative to guidance on this matter. Motion to request interpretation It was moved by Councilman Hyde, seconded by on rights and powers of City Councilman Scott and unanimously carried that the City seek an interpretation from the Attorney General or State Assemblyman as to the rights and powers of the City for free utilization of its funds for its own trans- portation system. Contact Assemblyman Mayor llamilton noted it would be preferable to make this request through our Assemblyman. WRITTEN COMMUNICATIONS Correspondence from Ernest Mr. Ernest C. Wuestenberg, Real Estate Broker, C. Wuestenberg regarding 236 West Juniper, San Diego, has contacted sale of San Diego and the City regarding its possible interest in Arizona Eastern Railway acquiring the property mmed by San Diego property and Arizona Eastern Railway on Center Street, bordering Memorial Park. ~e indicated the City might be able to purchase this property for $1.75 per square foot -- the total cost for 2.322 acres being $177,000. Motion to take no action It was moved by Councilman geott, seconded by Councilman Hyde and unanimously carried that no action be taken on this item. City Attorney Lindberg noted, for the benefit of Mr. Wuestenberg, that the Council did receive copies of Mr. Wuestenberg's letter and action taken this evening was made with full knowledge of the circumstances. Request from Chula Vista Mr. Patrick J. Patek, President of the Chula Active 20-30 Club for Vista Active 20-30 Club, ~equested Council permission to hold carnival permission on behalf of that club, to hold a carnival in the Homefair parking lot located at 475 H Street, from March 8-11, 1973. He further~equested a waiver of all fees, licenses and permits necessary. Motion to approve request It was moved hy Councilman Hyde, seconded by Councilman Scott and unanimously carried that this request be approved, subject to staff approval. EXECUTIVE SESSION It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Council recess to~xeeu~ive Session following Oral Communications for personnel matters. ORAL CO~UNICATIONS Mr. Butt Leonard Mr. Leonard, representing Aztec Bus Lines, 6374 Parkside commented on the cities' eligibility for Paradise Hills S8 325 funds, and that he had heard the cities of Oceanside, San Diego and Chula Vista were eligible for monies under this bill. Mr. Leonard added that if the present contrac- tual agreement were to continue, Aztec Bus Lines would be ready to go into about $75,000 worth of new equipment to continue the agreement. EXECUTIVE SESSION The Council recessed to Executive Session at 9:28 p.m. and the meeting reconvened at 10:10 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 110:11 p.m. to the meeting scheduled for Wednesday February 28, 1973, at 3:00 p.m. Deputy di~y Clerk - 14 -