HomeMy WebLinkAboutcc min 1973/02/13 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL 0P THE
CITY OF CHULA VIS%A, CALIFORNIA
Held Tuesday February 13, 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, Acting Director of Planning
Williams
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 Hyde and unanimously carried that
the minutes of the meetings of January 17,
24, 31 and February 6, 1973, be approved,
copies having been sent to each Councilman.
REPORT BY C. ROBERT CAMPBELL Mayor Hamilton noted that Mr. Campbell was
not present to submit his report.
PUBLIC HEARING (CONTINUED) Acting Director of Planning Williams reported
CONSIDERATION OF APPEAL BY that the Environmental Impact Report was sub-
FAIRWAY-DO~VNS, INC., OF mitred on January 19, 1973, and will be con-
PLANNING COMMISSION DENIAL sidered by the Planning Commission at a public
FOR CHANGE OF ZONE FROM hearing on February 26, 1973. Therefore, the
R-E-20~F'i'~OT'RZtZt0-F FOR staff recommended that this matter be con-
PROPERTY LOCATED AT 4370 tinued to the meeting of March 13, 1973, to
SWEETWATER ROAD allow time for tho Environmental Impact Report
to be completed.
Public hearing continued It was moved by Councilman Hyde, seconded by
Councilman Scott and unanimously carried that
the public hearing on this matter be continued
to the meeting of March 13, 1973.
Mr. James Miller, President of Fairway-Downs,
questioned whether this would give the
Planning Commission sufficient time to re-
view the Impact Report. Mr. Williams assured
him that it would.
PUBLIC HEARING (CONTINUED) A motion to place this ordinance on its first
CONSIDERATION OF CHANGE OF reading at the meeting of February 6, 1973,
ZONE FOR APPROXIMATELY 7.27 failed by a two-to-gwo split vote. The
ACRES OF PROPERTY LOCATED ON Council, therefore, voted to reopen and
THE NORTH SIDE OF QUINTARD reschedule this hearing for this meeting
STREET APPROXIMATELY 150 FEET when a full Council will be present.
EAST OF FIRST AVENUE TO HILLTOP
DRIVE, FROM R-S-G-D to R-3-G-P Assistant Planner Lettieri submitted a plat
noting the location of the property as west
of Tobias Drive (three acres) and four acres
east of Tobias Drive to Hilltop Drive on the
north side of Quintard Street.
The Planning Commission recommends rezoning
from R-3-G-D to R-S-G-P with the following
guidelines: (1) maximum density shall be ten
to fourteen dwelling units an acre; (2) each
lot shall contain a mixture of one-story and
higher structures.
In a report to the Council, Acting Director
of Planning Williams stated that the staff
recommended a maximum density of ten units
an acre. The General plan designates the
area as medium density (four to twelve units
an acre) and in order to approve anything as
high a~ fourteen units an acre would require
an amendment to the General Plan.
Change of vote Councilman Scott stated that based on the
testimony heard at the previous meeting, he
would like to change his vote. At the previous
hearing (February 6) he voted against placing
the ordinance on its first reading, adopting
the recommendations of the Planning Commission
that the maximum density of the development
shall be f~om ten to fourteen acres. He now
wishes to change his vote to reflect an "aye"
vote.
City Attorney's opinion City Attorney Lindberg explained that at the
previous he~ring, all testimony relative to
this matter was introduced, and the Council
could have determined the issue at that
meeting. At this time, any one of the Coun-
cilmen can ask for a change of vote and it
would not be necessary to carry out a repeat
of the last hearing in this regard.
City Clerk Fulasz read the motion made at
the last hearing.
ORDINANCE NO. 1443 - AMENDING Mayor Hamilton announced that the record
ZONING MAP OR MAPS ESTABLISHED should show the following vote:
BY SECTION 33.401 OF THE
CHULA VISTA CITY CODE, REZONING It was moved by Councilman Hyde that this
THAT CERTAIN PROPERTY LOCATED ordinance be placed on its first reading.
NORTH OF QUINTARD STREET, FR(~M Reading of the text was waived by unanimous
150 FEET EAST OF FIRST AVENUE consent. (The ordinance incorporates
TO HILLTOP DRIVE FROM R-3-G-D Planning Commission Resolution PCZ-73-B -
TO R-B-G-P ten to fourteen units per acre).
The motion carried by the following vote,
to-wit:
AYES: Councilmen Hyde, Scott, Hobel
Noes: Mayor Hamilton
Absent: Councilman Egdahl
Recess A recess was called at 7:26 p.m. and the
meeting reconvened at 7:35 p.m.
City Attorney's comments City Attorney Lindberg explained that due and
proper notices were sent to all residents
within 300 feet of the property in question.
Some of the residents claim they did not
receive a notice; however, the mere fact
that they are present tonight waives such
notice under the law.
Mr. Lindberg reiterated that the change of
vote made by Councilman Scott was a legal
one and terminates the public hearing at
this time.
PUBLIC HEARING - CONSIDERATION Acting Director of Planning Williams submitted
OF APPEAL BY MARK FISHAUF OF a plat noting the location of the property,
PLANNING COMMISSION DENIAL OF explaining that the applicant has requested
VARIANCE REQUEST FOR CHANGE OF a variance to construct a 10,600-square-foot
FRONT SETBACK FROM 5 FEET TO A addition to his existing furniture store
SLANT SETBACK OF 0 TO S FEET which is constructed on the front property
AT 795 THIRD AVENUE line. T~e proposed addition would be con-
nected to the existing building and slant from
the zero setback to a five-foot setback at the
north end of the structure.
In September 1971, a similar request to re-
duce the ~ront Setback gr0m five feet to
zero was denied hy the Commission and the
appeal was sustained by the Council.
At tke meeting of January 15, 1973, the Plan-
ning Commission denied the request for the
zero to five-foot slant setback and approved
a modified variance to permit a roof extension
to project three feet beyond the maximum
provided in the ordinance.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
Mark Fishauf, Applicant Mr. Fishauf submitted a rendering of the pro-
posed addition, stating he wishes to improve
this corner property. Approval of the setback
will eliminate a gathering of all the li~er
from the Jack-in-the Box across the street,
as this will be one continuous building.
Public hearing closed There being no further comments, either for
or against, the hearing was declared closed.
Discussion Discussion followed as to the history of the
previous request for a zero setback and sub-
sequent denial. Councilman Scott commented
that he could see no real hardship to the
property that would warrant granting the
appeal.
In answer to the Mayor's inquiry, Mr. Williams
stated that the five-foot setback was for the
put-pose of landscaping.
Councilman Hyde asked if a sprinkler system
should be put in, as a condition, if the area
will be landscaped. Mr. Williams remarked
that this should be made a condition.
Remodeling of property In answer to the Mayor's question, Mr.
Fishauf stated that he would make this look
like one piece of property, if the setback
was approved. He has a ore, and one-half year's
lease.
Legal opinion City Attorney Lindberg stated that the Council
can insist upon a precise plan and a plan of
development, since this is a private property
project. However, the Council cannot insist
that a project be carried on that would prove
uneconomical and not feasible.
Motion to grant appeal It was moved by Councilman Hobel and seconded
by Councilman Hyde that the appeal be granted
with the consideration as stated by Mr. Fishauf
being placed on the record: that in one and
one-half years, the remainder of the improve-
ments be finished off on the facade of the
building.
Councilman Hyde questioned the legality of
the motion and suggested the wording: "in
view of his indications of his intentions to
do this..." the motion would be offered.
Motion rephrased Councilman Hobel rephrased the motion by
stating the appeal be granted noting the
comments made by Mr. Fishauf.
Councilman Hyde asked that a condition be
imposed that a sprinkler system be put in.
Councilman Hobel agFeed to put this into his
motion. Councilman Hyde agreed to the second.
Motion failed Th~ motion failed hq the following vote, to-
~it:
Ayes: Councilmen Hyde, Hobel, Hamilton
NOES: Councilmen Scott, Egdahl
Absent: None
(It takes a four-fifths Vote to override a
decision of the Planning Commission.)
PUBLIC HEARING - CONSIDERATION In a report to the Council, City Manager
OF REQUEST FOR INCREASE IN Thomson stated that this public hearing was
RATES FOR AMBULANCE SERVICE called at the direction of the Council to
consider the proposed rate increase from
$30 to $40 for the response rate for Bay
Cities Ambulance Service, a ~i~te ambulance
service used for the care and transportation
of persons needing emergency handling within
the jurisdictional limits of the City.
Public hearing opened This being the time and place as advertised,
the public hearing was opened.
Letter noted for record City Clerk Fulasz read, for the record, a
letter received and signed by Hellen Snortland,
Administrator, Community Hospital of Chula
Vista; Mr. Stephen Ballard, President,
Bay Cities Ambulance Service; and Charles
Gerold, Administrator, Bay General Hospital,
in which they request that the basic rate
increase be raised to a rate of $42.00 a
call, and further, that by a concerted action,
the County Supervisor of this area, and the
cities of Chula Vista, Imperial Beach, San
Diego, the Bay General and Community
Hospitals, along with the Bay Cities Ambu-
lance Service should move to persuade the
County to assume its rightful obligation
to pay for transferring County patients to
University Hospital from the hospitals in
Chula Vista.
Public hearing closed There being no further comments, either for
or against, the hearing was declared closed.
RESOLUTION NO. 6735 - Offered by Councilman Hyde, the reading of
;~°PROVING AN INCREASE IN the text was waived by unanimous consent,
RATES FOR AMBULANCE SERVICE passed and adopted by the following vote,
to-wit:
AYES: Councilmen Hyde, Egdahl, Scott,
Hobel, Hamilton
Noes: None
Absent: None
Discussion of previous motion Councilman Scott referred to his motion made
at a previous meeting in which he directed
that (1) .the matter be set for public hearing;
(2) there be two types of certificates of
convenience; (3) the City not pay a subsidy.
City Attorney Lindberg commented that the
staff has been working on this, and a report
will he coming to the Council very shortly.
Letter to be sent to Councilman Hohel asked that the City Clerk
Supervisor Walsh send a copy of the letter read at the meeting
to Supervisor Jack Walsh.
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PUgLIC HEARING - CONS!DERATfON Acting Director of Flanning Williams stated
OF REVISION TO GENERAL PLAN hc ~11 make his presentation on both the
FOR APPROXIMATELY 4-1/2 ACRES change to th~ General plan and the rezoning
LOCATED EAST OF MAX AVENUE~ NORTH reguest.
OF ORANGE AVENUE
American Housing Guild, owner of 4-1/2
PUBLIC HEARING -CONSIDERATION acres of property located east of Max
OF CF~GE OF ZONE FOR APPROXIMATELY Avenue, north of Orange Avenue, requested a
4.$7 ACRES NORTH OF ORANGE AVENUE, revision to the General Plan for High Density
EAST OF MAX AVENUE to he considered in conjunction with a pro-
posed rezoning to R-3-G-P. The area in
question is presently designated as Medium
Density Residential on the General Plan.
Mr. ~illiams commented that the General Plan
specifies that high density areas should
be located at the points of greatest service
and accessibility near the central district
as well as important outlying commercial
areas; this proposal fits this latter cate-
gory. The change of zone requested is from
R-1 to R-3-G-P (one unit per 2500 square feet)
with a precise plan which would limit de-
velopment to one unit to 2660 square feet
for approximately 4-1/2 acres located east
of Max Avenue and north of Orange Avenue.
The overall density, as proposed by American
Housing Guild, will be 16.4 units to the acre
with approximately one-half of the site to
be retained as open space.
The Planning Commission recommended approval
of the revision to the General Plan and the
change of zone.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
Donald Worley, Attorney Mr. Worley stated he is representing American
Seltzer, Caplan, Wilkins Housing Guild. He discussed the plans for
and McMahon development, noting that seven acres have
3003 Fourth Avenue been deeded to the City for park purposes,
San Diego and upon escrow agreement with Mr. Rienstra,
an additional seven acres will be given to
the City. Mr. l~orley added that, in addition,
five acres south of Orange Avenue was set
aside for park purposes and, in addition,
$35,000 was given to the City for park develop-
ment. The density for the entire area
will be four to twelve dwelling units per
acre. The Larkhaven Subdivision contains
236 dwelling units on 74 acres. Combining
this as a whole with the density being de-
veloped on this particular requested R-3
parcel, even then, the density is at a low
range, as indicated on the General Plan (4+
dwelling units an acre).
Wayne Richards, Architect Mr. Richards stated he is with Howe, Richards
Howe, Richards and Weber and Weber, the designers of the project. He
submitted several renderings of the project,
explaining the details of the development.
In answer to Councilman Hyde's query, Mr.
Richards explained that there are no carports
planned - th~ parking areas will be just
"uncovered parking lots," and the storage
areas will be inside the units.
Jerry Deagan, President Mr. Deagan stated that all of the R-1 develop-
American Housing Guild ment will probably be built first. The
people buying in the area are being told that
apartments will be going in there.
Robert Bush Mr. Busk stated he is a biologist and cau-
1372 Tobias Drive t$,qned against bui. ld%,ng more apartments in
this area. He noted the Del Sol development
and the apartment complexes in San Ysidro,
commenting that tkese to~nhouses once looked
like the renderings submitted tonight. He
is against any change from an R-1 zoning.
Mrs. William Prior Mrs. Prior noted the apartment buildings in
49 Plymouth Court her immediate area, and requested the Council
to deny the request for any further develop-
ment here. She added that approving the
request would bring in an over-population
of the area, create a hardship on the schools
and instigate more crime.
Donald Worley In rebuttal, Mr. Worley argued that the
apartments being proposed can, in Bo way,
be compared to those in San Ysidro or Del
Sol.
Public hearing closed There being no further comments, either for
or against, the hearing was declared closed.
Councilman Hobel's comments Councilman Hobel commented that originally,
R-3 development was proposed for the south
side of Orange Avenue and subsequently denied.
Now the developers are just "moving across
the street." Another exception he finds is
the dedication of the fourteen acres of park
land. This acreage was under separate owner-
ship and deeded to the City, and he feels
that American Housing Guild should not be
given credit for this.
~-~UT~ON ~N · 9{~;~ REVISING
"~ Offered by Councilman Hyde, the reading
~I~,'~IS~l~,,,,¢,~N! RA~,x PLAN
}~tT~ ]~N~ ~I,~'~R~,"~C~, ~I~COM- of th,e text was waived by unanimous con-
'~:~ ~;' : ~'~ '~"~ 5'F ~hetfog~ing vote, to-wit:
~'~:?~~z~I'' ', ~ ~:~ ,:: i ~.~I~D~E 22ND AYES: Councilmen Hyde, Egdahl, Scott,
~{.~O~-~U~Y, 197.3 CONCE~ING Hamilton
A~Q~t~TB~,~,~ X~H Noes: Councilm~ Hobel
O~IN~CE NO. 1444 - ~ENDING It was moved by Co~cilman Hyde that this
ZONING M~ OR ~PS ESTABLIS~D ordinance be placed on first reading. Reading
BY SECTION 33.401 0F THE CITY of the text was waived by unanimous consent.
CODE, ~ZONING THAT CERTAIN /
PROPERTY LOCATED ON THE NORTH ~e motion carried by the following vote,
SIDE OF O~GE A~NUE E~T to-wit:
OF THE PROPOSED EXTENSION AYES: Councilmen Hyde, Egdahl, Scott,
0F ~X AVENUE FROM R-1 ~ Hamilton
R-3-G-P - FIRST ~ADING Noes: Co~cilman Hobel
Absent: None
ORAL COMMUNICATIONS It was moved by Councilman Scott, seconded
by Councilman Hyde and unahimously carried
that 0ral Communications be the next item
on the agenda.
Recess A recess was called at 9:20 p.m. and the
meeting reconvened at 9:40 p.m.
ORAL COMMUNICATIONS
Speaking in regard to proposed
rezoning on property located
north of Quintard and east of
First Avenue (Ordinance No. 1,443)
Clayton 0. Morud Mr, Morud asked if th~ tape of the meeting
32 Plymouth Court would ha available tO those persons wishing
to hear it, and further, he a~ked that the
City Attorney repeat his legal opinion on
Mr~ Scott's change of vote.
The MaF~r explained that the tape is public
record and anyone may avail themselves of this.
City Attorney Lindberg City Attorney Lindberg reiterated his earlier
opinion that Councilman Scott was given the
right to change his vote from negative to
an "aye" vote in approving the recommenda-
tion of the Planning Commission. In doing
so, he acted upon the testimony heard at the
meeting of February 6, 1973; therefore, there
was no reason to reopen the public hearing
for the purpose e~pressed by the Council
(informing Councilman Egdahl so that he might
participate in the consideration of this
matter). The action of the City Council
was appropriate and legal.
In answer to Mr. Morud's question, Mr.
Lindberg remarked that a rezoning request
can be initiated by either the Planning
Commission or City Council acting upon a
request of citizens in the area.
Bill Cofer Mr. Cofer questioned the number of units
68 Provence Court being proposed and stated there is a topo-
graphy problem.
Mr. Williams, Acting Director of Planning,
stated the maximum dwelling units that can
be built would be ninety-eight. The Planning
Commission resolution states that it be
no higher than two stories.
Mr. McCurdy Mr. McCurdy requested that future notices
1379 Tobias Drive be written so that the residents in the area
would be able to understand them.
Mrs. William Cofer Mrs. Cofer declared that no one informed them
68 Provence Court as to what would be built in this area, at
the time they purchased their home. She
spoke in favor of retaining single-family
density.
Robert Bush Mr. Bush referred to the environmental impact
1372 Tobias Drive statement. Mayor Hamilton explained that
Mr. Bush should bring this up at the hearing
that specifically deals with this.
Mr. Bush suggested that a zoning line be made
at a street, rather than in the midst of
property and have the zoning "divided by a
fence."
Tom Northcutt Mr. Northcutt declared that the statement
19 Plymouth Court "one or two stories" should be clearly
spelled out in the ordinance so that there
would be no misunderstanding.
RESOLUTION NO. 6737 - The City of Chula Vista has received approval
ESTABLISHING BUDGETARY of a participant grant under Public Law 91-527
ACCOUNTS FOR FEDERAL GRANT as administered by the Department of Health,
Education and Welfare. The grant is directed
towards providing specialized drug education
training under the Drug Abuse Education Act
of 1970.
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In order to aaaure proper financial control
~ re5uired by tke grant provisions, the
City' of Chnla Vista will he responsible
for custody and diahursealent of the grant
funds.
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. 6738 - NAMING The developers of Zenith Subdivision (opposite
AND DEDICATING A PORTION OF Greg Rogers Park) have improved the total
OLEANDER AVENUE FOR STREET width of Oleander Avenue. This width was
PURPOSES extended about half the distance across the
San Diego Gas and Electric Company's trans-
mission easement.
Director of Public Works Cole reported that
the portion of the street within the subdivi-
sion boundary was named and dedicated via the
subdivision map. This fully improved portion
of Oleander Avenue should now be formally in-
corporated into the City's system of streets.
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. 6739 - This subdivision consists of two lots located
APPROVING AND ACCEPTING between Fourth Avenue and Glover Avenue,
PUBLIC IMPROVEMENTS IN THAT north of E Street.
CERTAIN SUBDIVISION KNOWN
AND DESIGNATED AS F.B.M. Director of Public Works Cole reported that
SUBDIVISION the improvements have been completed to the
satisfaction of the Public Works Director
and in a~cordance with the requirements of
the City.
Resolution offered Offered by Councilman Scott, the reading of
the test 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. 6740 - On February 1, 1973, W. H. Ledbetter and Sons,
GRANTING EXTENSION OF TIN~5 contractor for the widening project on Hilltop
FOR HILLTOP DRIVE-PALOMAR STREET Drive from Palomar Street south and on Palomar
WIDENING - GAS TAX PROJECT #147 Street from Third Avenue to Hilltop Drive,
requested an additional extension of time
of eight working days due to delays caused
by inclement weather.
Director of Public Works Cole stated that
the Engineering Division is requesting an
additional extension of twenty-nine working
~ays because of delays caused by relocation
of public utilitiea. If granted, the
th~,rt~seven day axtensi~on will extend the
completion date of t~e contract to April 9,
1973~
Resolution offered Offered by Councilman Scott, the reading of
the text was waived by unanimous consent,
passed and adopted hy the following vote,
to-wit:
AYES: Councilmen Scott, Hobel, Hamilton,
Hyde, Egdahl
Noes: None
Absent: None
RESOLUTION NO. 6741 - On February 5, 1973, Hubbard Construction
GRANTING AN EXTENSION OF Company, contractor for the J Street storm
TIME FOR THE COMPLETION drain and sewer project between East Park
OF THE "J" STREET STORM Lane and Church Avenue, requested an exten-
DRAIN AND SEWER PROJECT sion of time Of eleven working days due to
delays caused by inclement weather.
Director of Public Works Cole stated that the
staff is requesting an additional twelve-day
extension of time due to trenching diffi-
culties encountered as a result of sandy
soil conditions existing within the storm
drain trench. The twenty-three day extension,
if granted, will extend the completion date,
to March 23, 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, Hobel, Hamilton,
Hyde, Egdahl
Noes; None
Absent: None
Lack of access in area Mayor Hamilton stated he has received several
complaints from residents in the area about
an open ditch which prevents them access
to their homes.
City Manager Thomson stated he would look
into this situation.
RESOLUTION NO. 6742 - On January 7, 1973, Perry Electric Company,
GRANTING AN EXTENSION OF contractor for the installation of traffic
TIME FOR THE COMPLETION OF signals and intersection modification at
TRAFFIC SIGNAL INSTALLATION Broadway and H Street, Broadway and E Street,
AND INTERSECTION MODIFICATION - and Fourth Avenue and C Street, requested
G/kS TAX PROJECT #174 an extension of thirty-one working days on
his contract.
Director of Public Works Cole recommended
approval of the roqu*st. The completion
date of the contract will extend the date
to April 5, 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, Hobel, Hamilton,
H~de, Egdahl
Noes: None
ABsent; None
RESOLUTION NO. 6743 - The fgllg~ing bids were received on January 9,
ACCEPTING RIDS AND AWARDING 1973 at 2;00 p.m.;
CONTRACT FOR THE PURCHASE With LPG
OF TWO 14,000 GVW CAB International Harvester $3,761.63 ~-~,985.99
AND CHASSIS TRUCKS Company
Fuller Ford $4,246.10 No bid
Purchasing Agent Espinosa recommended the
contract be awarded to International Harvester
for the two trucks to include the LPG system.
Resolution offered Offered by Cotmcilman 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, Egdkhl
Noes: None
Absent: None
RESOLUTION CONSENTING TO In a report to the Council, City Attorney
THE DETACHMENT OF CERTAIN Lindberg explained that he received a
TERRITORY FROM THE CITY request from the attorney representing
OF CHULA VISTA - SANTA Santa Anita Development Corporation for
ANITA DEVELOPMENT CORPORATION detachment of a portion of his client's
property located in the Sweetwater Valley
Industrial Park.
A parcel map has been submitted fo.r ~
R~ovai, toi~ot~ Nat~onaI City and.
C~ula ~is~ showing a division of the pro-
posed lots between the two cities. National
City has approved the parcel map. The prop-
erty owner would like to consolidate all
of his property under the jurisdiction of
National City and has indicated that he
will enter into a long-term lease with
GEMCO for a portion of this property.
Motion to accept City It was moved by Councilman Hobel and seconded
Manager's recommendation by Councilman Scott that the City Manager's
recommendaiion be accepted - that the item
be deferred pending a policy discussion with
the National City Council to negotiate the
"exchange" of parcels by both parties.
Discussion of motion City Attorney Lindberg stated the problem
was a serious one and that there were
existing circumstances that cannot walt
until such an indefinite time in the future
for this to be settled.
Amendment to motion C6u~cilman Hyde offered the following amend-
ment to the motion: that the City Manager
be directed to contmct the staff of National
City to discuss the problem, and to make a
proposal to the City Council as to the proper
course t~ take.
Amendment accepted Councilman Hobel accepted the amendment to
his motion; Councilman Scott agreed to the
second.
David A. Thompson, Attorney Mr. Thompson stated he represents the owner
of thc property, Mr. S. Aardema. The property
lying within the City of Chula Vista was
acquired in December 1972, at the request of
the State Highway Department for an exchange
of the easement for the off-ramp of Freeway
54. The property will have no other access
other than through the Aardema property whic~
lies within the city of National City.
- 10 -
~r, Thompson added that they would only re-
quest thkt th~ Counc~,l allo~ tke parcel map
to be f~led ~n its present form, and leave
the question of tke detachment of this prop-
ert~ to ~hatever point in time is appropriate
in order to di~cu$~ the boundary lines with
National CitF.
City Attorney's opinion Mr. Lindberg stated that the City Council
could, by resolution, consent to the signing
of the map, and tile reference to the detach-
ment could be dropped.
Motion to accept City Managerts The motion to accept the City Manager's
recon~endation carried recommendation carried unanimously.
Resolution to be brought back It was moved by Mayor Hamilton, seconded by
Councilman Scott and unanimously carried that
the resolution be brought back tomorrow
(February 14, 1973), at the Council Conference
scheduled for 3:00 p.m., with the proper
language, so that appropriate action can be
taken by the City Council at that time.
UNANIMOUS CONSENT ITEM
RESOLUTION NO. 6744 - Assistant City Manager Bourcier reported
APPROVING APPROPRIATION to the Council that extensive vandalism
OF FUNDS TO REPAIR LOMA has been going on at the Loma Verde Recrea-
VERDE RECREATION CENTER tion Center. He noted the damages incurred
iince July 1, 1972, estimating the amount
as $2,000. He stated that most of the damage
is done to the windows and it would be his
recommendation to permanently wall these in
and to replace the glass in the doors with
the new miracle plastic lexan. He requested
that the amount of $4,000 be expended from
the unappropriated surplus of the General
Fund in order to make the desired modifications.
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
RECO~BIENDATION FOR A PEDESTRIAN The Safety Commission recommended that a
OVERPASS TO BE BUILT ACROSS pedestrian overpass be built across E
"E" STREET IN THE AREA NORTH Street and further, that an approach be
OF "E" STREET AND WEST OF provided which would lend itself conducive
BROADWAY to the safety of senior citizens.
City Manager's recommendation City Manager ~omson noted that the Director
of Public Works recommended disapproval of
the request. Mr. Thomson asked that the
matter be referred to staff to develop costs
involved and a review of the environmental
impact.
Motion to accept recommendation It was moved by Councilman Hobel and seconded
by Councilman Hyde that the City Manager's
recommendation be accepted.
Discussion of motion Councilman Scott spoke against the motion,
indicating that the proposal would be ex-
tremely expensive.
- 11 -
Gas Tax funds In answer to Councilman Hyde's query, Director
Of ~ubl~c Norka Cole indicated he did not
kno~ if Gas Tax funds could be used for
this purpose, He stated he NQuld check this
Out.
Motion carried The motion carried by the following vote,
to-wit:
AYES: Councilmen Hobel, Hyde, Hamilton
Noes: Councilmen Scott, Egda~l
Absent: None
RECO~iMENDATION REGARDING The Safety Commission submitted a request to
RESOLUTION ~HICH WOULD the Council for modification of a proposed
GUARANTEE THE SAFETY resolution which would establish a policy
COMMISSION'S EVALUATION whereby this commission would be called
OF ALL PROJECTS RELATING upon for the evaluation of projects which
TO VEHICULAR OR PEDESTRIAN may relate to matters of vehicular or pedes-
TRAFFIC SAFETY WITHIN THE trian traffic safety within the public
PUBLIC RIGHTS-OF-WAY WITHIN rights-of-way.
THE CITY OF CHULA VISTA
Motion to refer to staff It was moved by Councilman Egdahl and seconded
by Councilman Hobel that the staff be directed
to give the Council a specific recommendation
in regard to this item.-- ~ht~ recommendation
to be brought back at the meeting of
February 27, 1973.
Discussion Mayor Hamilton commented that the boards and
commissions are selected by the Council and
it should decide the policy~ not the staff.
Councilman Scott referred to the motion made
sometime ago by the Council that the Safety
Commission be considered in the planning
stage; therefore, this is a reiteration of
that motion.
Motion carried The motion carried by the following vote,
to-~it:
AYES: Councilmen Egdahl, Hobel, Hamilton,
Hyde
Noes: Councilman Scott
Absent: None
REVIEW OF CONDITIONAL USE The Planning Commission held a public hearing
PERMIT FOR "OUR HOUSE" on February 4, 1973, to consider t~e continu~
ance of subject permit.
It was determined that no complaints were
received, but instead, adjacent residents
have verbally expressed commendation for the
appearance of the property and support of the
operation. The Planning Commission recom-
mended continuance of the activities of Our
House at 666 Third Avenue.
Motion to accept report It was moved by Councilman Scott, seconded by
Councilman Hyde and unanimously carried that
the report be accepted.
ORDINANCE NO. 1441 - AMENDING The property encompasses approximately 2.2
ZONING MAP OR MAPS ESTABLISHED acres of vacant land located within the Civic
BY SECTION 33.401 OF THE CITY Center Design Control District. This will
CODE, REZONING THAT CERTAIN hring the property's zoning into conformance
PROPERTY LOCATED AT THE SOUTHEAST with the General Plan. It was placed on its
CORNER OF FOURTH AVENUE AND CENTER first reading at the meeting of February 6,
STREET FROM R-S-D TO C-O-D AND A 1973.
CHANGE IN THE FRONT YARD SETBACK
ADJACENT TO FOURTH AVENUE FROM iS
FEET TO 10 FEET - SECOND READING
AND ADOPTION - 12 -
Ordinance placed on second It was moved by Councilman Scott ttmt this
reading and adoption ordinance he placed on second reading and
adopted, and that reading of tke text be
waived by unanimoua consent.
The motion carried by the following vote,
to-wit;
AYES: Councilmen Scott, Hobel, Hamilton,
Hyde, Egdah]
Noes: None
Absent: None
REPORT ON FEASIBILITY OF In a report to the Council, Director of Public
CITY ASSUMING MAINTENANCE Works Cole explained that there are presently
OF CITY~Nv~ STREET LIGHTS 1,950 street lights in the City, 750 of
which are City-owned and 1,200 owned by San
Diego Gas and Electric Company. City-owned
lights are those lights installed in new
subdivisions which are commonly referred to
as ornamental lights. Mr. Cole stated that
as of July 1, 1973, the City will take over
maintenance of the City-owned lights which
should result in a savings of approximately
$9,300 a year. The program will run on a
one year test basis to evaluate the real
savings to the City and to make a final
decision as to whether or not a continuance
of the program should be effected or a return
to the current system utilizing the services
of San Diego Gas and Electric Company.
Report accepted It was moved by Councilman Scott, seconded
by Councilman Hobel and unanimously carried
that the report be accepted.
ADMINISTRATIVE A$SIST3NT City Manager ~omson announced that his
APPOINTED CITY MANAGER Administrative Assistant, Mr. Jack Ratelle,
OF FONTANA has been appointed City Manager of iFontana,
California, and will assume this position
in two weeks.
Another staff member, John Egerton, was
appointed City Manager of Greenfield,
California, in Monterey County.
Mayor ttamilton congratulated Mr. Ratelle on
his appointment..
CONSIDERATION OF CHULA This matter was continued from the meeting
VISTA MUNICIPAL ELECTION of ~eb~nary 6, 1973, in order to give the
CAMPAIGN CONTRIBUTION Council a -chance to review the proposed
AND EXPENDITURE CONTROL ordinance.
ORDINANCE
City Attorney Lindberg briefly explained
the proposed or~£nance.
Motion to schedule for It~was moved by Councilman Hyde and seconded
Council Conference by Councilman Egdahl that this proposed
ordinance be scheduled for a Council Conference
to be held on February 28, 1973.
The motion carried by the following vote,
to-wit:
AYES: Councilmen Hyde, Egdahl, Scott,
Hobel
Noes: Mayor Hamilton
Absent: None
- 13-
COUNCIL C0NFE~ENCE.S Ma~gr Hamilton reminded the Cguncil of the
Conference aeheduled £0r Wednesday, February
14, !973, at 3;QO p..m, to consider the tenta-
tive map of Apollo 3, and at 3:30 p,m. to
consider the Open Space District - E1 Rancho
del Rey, On Thursday, FeBruary 15, 1975, the
Council will meet at 3:00 p.m. to consider
Revenue Sharing.
LEAGUE DINNER Mayor Hamilton announced that the League
dinner this month will be held at the Inter-
national Room of the Plaza International Hotel
at Mission Valley on Thursday, February 15,
1973.
OTAY LAND COMPANY - P-C ZONING Councilman Scott discussed the changes that
have taken place in this area since the ap-
proval of the P-C zone. He indicated that:
(1) the Council should reevaluate the entire
project;or?j2) abolish the P-C zone and have
a general plan for the area and let it
develop piecemeal.
Motion to reevaluate P-C zone It was moved by Councilman Scott that the
Council proceed no further until it looks at
the entire 3100 acres that were zoned P-C.
A~to~ looking at this~ have some hearings
0r~ ~;t.; 'h~ve,th~ ~t~~ lo~kaati ittas
what would be considered a balanced planned
con~nunity, including Dr. Bloom's development~
ahd th~n make the appropriate changes
before proceeding further with any project.
No second to motion The motion died for lack of second.
Staff's comments Acting Director of Planning Williams explained
the P-C zone and the staff's work on this
particular plan to date.
Set for Council Conference Councilman Hyde suggested this matter be dis-
cussed at the Council Conference scheduled
for~hrua~¥ 28, 1973.
Mayor Hamilton asked that the staff prepare
a status report to be presented at this
Conference.
SPHERE OF INFLUENCE Councilman Hyde referred to Council's discus-
sions held sometime ago to meet with the
County staff to establish a sphere of in-
fluence.
Acting Director of Planning Williams stated
that he has no member of the staff available
to work on this. Mr. Williams added that
the Local Agency Formation Comission has
hired a consultant to do a sphere of influence
study. A committee is being formed which will
meet Friday with the LAFCO staff to talk about
interi¢ studies and the policy being studied
by LAFCO. Mr. Williams stated he is on this
committee and will report to the Council.
HILLSIDE GRADING ORDINANCE Councilman Hyde asked for the status of the
Hillside Grading Ordinance.
Mr. Williams stated that this, to~ has been
delayed because of lack of staff.
- 14 -
Councilman Hyde stated this is a crucial
matter and addi;ional staff should he hired
to do thi~ ~ork~
Cit~ Manager Tkomson discussed the lack of
staff in tke Planning Department and the
present workload~ He added that hopefully
tie new Planning Director will look over
these problems and give some consideration
to the needs.
Motion to supplement staff It was moved by Councilman Hyde and seconded
by Councilman Hobel that the Council suggest
to the City Manager that if he feels it is
necessary to supplement the staff, permanent
or otherwise, in the Planning area, to cope
with the situation, that he come forth with
a recommendation to the Council as soon as
possible.
Revenue Sharing City Manager Thomson noted the references
made to additional staff in the Revenue
Sharing program.
Mayor Hamilton commented that the Council
will be able to discuss this at the Council
Conference on Thursday, FeBrUary 15, 1973.
Motion tabled It was moved by Councilman Egdah! and seconded
by Councilman Scott that the motion be tabled.
(Councilman Egdah] indicated that this
matter should be deferred until the Council
considers the Revenue Sharing program~
Motion carried The motion carried by the following vote,
to-wit
AYES: Councilmen Egdahl, Scott, Hamilton
Noes: Councilmen Hobel, Hyde
Absent None
HILLSIDE GRADING ORDINANCE Councilman Egdahl discussed the Ordinance,
indicating there will be no need for this
Hillside Gra~gng. Ordinance after the
p~operty east of the City has been developed.
Councilman Egdahl added that he cannot see
why one person is assigned to work primarily
on Sports World and no one is assigned to
work on the Hillside Ordinance, as the two
are very closely inter-related.
Mr. Williams explained that the same person
working on Sports World is the employee who
worked on the Hillside Ordinance.
WRITTEN CO~4UNICATIONS
Verified claim for damages - Edmond and Mary McGirr, 6773 Clear Sky, San
Edmond and Mary McGirr Diego, have filed a verified claim for
damages in the amount of $165.00 for an in-
cident which occurred on January 5, 1973,
between the hours of 8:00 a.m. and 5:00 p.m.
They claim their car was parked on the north
side of I Street and was hit by a City-owned
truck.
Claim denied It was moved by Councilman Scott, seconded
by Councilman Hyde and unanimously carried
that the claim be denied and the matter
turned over to t~e City's insurance carrier
for investigation.
- iS -
Request for extension of A petition has been received by the City
Route A bus aervice to Clerk containing 271 si,gnaturea of residents
Second Avenue and quintard in tke Palace Garden Mobilehome Park. They
Street requested tkat Route A Bus service be ex-
tended to Second Avenue and Quintard Street.
Referred to staff It was moved by Councilman Scott, seconded
by ~ayor Hamilton and unanimously carried
that the matter be referred to the City
Manager to negoti~te the matter with either
San Diego Transit Corporation or Aztec Bus
Lines.
ORAL COMMUNICATIONS
Cary Wright Mr, Wright referred to the Sports World de-
242 East J Street velopment, stating that the large amount of
work by the staff, the lack of staff, the
problem of deadlines, etc., has all come
about because of Dr. Bloom's proposed de-
velopment. Mr. Wright added that he is
concerned about the speed at which this is
taking place and urged the Council to con-
sider the magnitude of the project.
John Kingston, Chairman Mr. Kingston discussed the proposed Campaign
Charter Review Committee Expenditure Ordinance. He indicated that
the entire regulation may be unconstitu-
tional. Mr. Kingston cited several sections
in the Ordinance which he felt violated the
first amendment to the Constitution. He
added that there should first be Federal
regulations and then State legislation to
set up the criteria for proper gradations
of these expenses.
ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:43
p.m. to the meeting scheduled for Wednesday,
February 14, 1973, at 3:00 p.m.
f Cit~y Clerk
2/13/73 - 16 -