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HomeMy WebLinkAboutcc min 1973/02/06 MINUTEJ'0F A REGULAR MEETING OF THE CITY COUNCIL 0F THE CITY OF CHULA V~STA, CALIFORNIA Held Tuesday February 6, 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 Absent: Councilman Egdahl Also present: City Manager Thomson, ~R$~st~nt City At%or~ey Blick, ~s-sistant City Manager Bourcier, Director of Public Works Co]e, Acting Director of Planning Williams, Assistant Planner Lettieri The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of January 23, 1973, be approved, copies having been sent to each Councilman. ELECTROBUS DEMONSTRATION Mayor Hamilton called for a recess at 7:10 p.m. The mombers of the Council and some of the people in attendance were given a ride on an Electrobus. The meeting resumed at 7:30 PUBLIC HEARING - CONSIDERATION Assistant Planner Lettieri presented a plat, OF CHANGE OF ZONE FOR APPROXI- explaining that the subject property includes MATELY 2.2 ACRES LOCATED AT THE approximately 2.2 acres of vacant land lo- SOUTHEAST CORNER OF FOURTH cared within the Civic Center Design Control AVENUE AND CENTER STREET FROM District. The purpose of the application is R-S-D to C-O-D to bring the property's zoning into conform- ance with the General Plan. The General Plan designates this area as professional and ad- ministrative office commercial. The Planning Commission recommends approval of a change in zone to C-O-D and a change in front-yard setback from fifteen feet to ten feet. Public hearing opened This being the time and place as advertised, the public hearing was op~ned. Eugene York Mr. York stated he is in agreement with the 72 Sandalwood Drive staff's recommendation on the property, and related the history of the zoning of this property. Mr. York indicated there are plans for office use for this property and asked that the zoning to C-O be enacted. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1441 - AMENDING ZONING It was moved by Councilman Hyde that this ~A~ OR MAPS ESTABLISHED BY SECTION ordinance be placed on its first reading and 33.4010F~TMB CHULA VISTA CITY CODE, that reading of the text be waived. R£ZONING TMAT ~CERTAIN PROPERTY LOCATED AT THE SOUTHEAST cORNBR OF FOURTH Thc motion carried by the following vote, to- AVENUE AND-CENTER STREET FROM R-3-D wit: TO C-O-D AND A CHANGE IN THE FRONT AYES: Councilmen Hyde, Scott, Hobel, Hamilton YARD SETBACK ADJACENT TO FOURTH Noes: None AVENUE FROM 15 FEET TO 10 FEET - Absent: Councilman Egdahl FIRST READING PUBLIC HEARING - CONSIDERATION Assi.stant planner Lettieri submitted a plat OF CHANGE OF ZONE FOR APPROXI~ nQt~Bg t~ locati.~n ~f th~ property as in- MATELY 7.27 ACRES OF PROPERTY cluding three acre~ ~st of Tobias Drive LOCATED ON THE NORTH S~DE OF and four acres east of Tobias Drive to QUINTARD STREET APPROXIMATELY Hilltop Dr~ve on the north side of Quintard 150 FEET EAST OF FIRST AVENUE Street. Ten lots are involved, five of TO HILLTOP DRIVE FROM R-3-G-D which are improved with single family homes. TO R-3-G-P The Planning Commission recommends rezoning from R-3-G-D to R-3-G-P with the following guidelines: (1) maximum density shall be ten to fourteen dwelling units per acre; (2) each lot shall contain a mixture of one- story and higher structures. Acting Director of Planning Williams stated that the staff recommends a maximum density of ten units an acre; the ten to fourteen unit density range was a compromise reached by the Commission at the hearing. The General Plan designates the area as medium density (four to twelve dwelling units per acre) and, therefore, to go as high as fourteen un~ts an acre would require an amendment to the General Plan. Public hearing opened This being the time and place as advertised, the public hearing was opened. L. K. Worth Mr. Worth ¢onourred with the recommendations 29 Plymouth Court of the staff for a lesser density in the area. He discussed the "mixed" community of having R-3 next to R-1 and felt this was critical. Mr. Worth asked that the zoning go back to R-1. Bill Cofer Mr. Cofer declared there is a water problem 68 Provence Court from the development on Plymouth Court and Hilltop Drive. If this area is allowed to develop with the density recommended, it would create another water problem. Mr. Corer asked for the lowest density - or R-1. Eugene York Mr. York stated he is representing the three 72 Sandalwood largest property owners: owner of the 1-1/2 acre parcel at the northwest cor~er of Quintard and Tobias; the 2-1/2 acre parcel at the northeast corner; and the 1-acre lot adjacent to the northeast corner. His clients have no objection as to the placing of the precise plan on the properties and would accept the guideline for the mixture of heights; however, they were assured of a density of seventeen units an acre when the properties were prezoned. This is the way the properties were brought into the City, and Mr. York remarked that the Council would be showing bad faith in changing the zoning at this time. Robert Wells Mr. Wells stated he has no objection to the Provence Court density of ten to fourteen units with the mixture of one and two stories. Herman Lauer Mr. Lauer explained that he was speaking for Escondido his mother-in-law, Mrs. Hillary. He said he is living in an apartment complex in Escondido that has sixteen units an acre and the development is "just like a park." He spoke in favor of a planned development, indicating it was a must for this area, but asked the Council to retain the prezoning. - 2 - Mr. Saburo Muraoka Mr. Muraoka stated that the west side of 1480 First Avenue ~uintard and Tobi~as iS owned by himself and a partner. They are in favor of the comments as made by Mr. Lauer. George Edwards Mr. Edwards stated he is a property owner "Traveler" in the area. At the time of annexation to the City, they were promised seventeen units per acre, and he feels it should remain as such. Public hearing closed There b~ing no further comments, either for or against, the hearing was declared closed. Council discussion Council discussion ensued as to the need for the density range under the precise plan, and the fact that the developers would be likely to plan their developments on the highest density in the range. ORDINANCE AMENDING ZONING MAP It was moved by Councilman Hyde that this OR MAPS ESTABLISHED BY SECTION ordinance be placed on its first reading. 33.401 OF THE CHULA VISTA CITY R~ading~0f~the~text ~as waived'by unanimous CODE, REZONING THAT CERTAIN consent. PROPERTY LOCATED NORTH OF QUINTARD STREET, FROM 150 FEET The motion failed by the following vote, EAST OF FIRST AVENUE TO HILLTOP to-wit: DRIVE FROM R-3-G-D TO R-3-G-P Ayes: Councilmen Hyde, Hobel NOES: Councilman Scott, Mayor Hamilton Absent: Councilman Egdahl Motion to place ordinance on It was moved by Councilman Scott and seconded first reading with amendments by Mayor Hamilton that the ordinance be placed on its first reading with the amendment that the density be changed, in Planning Commission Resolution PCZ-73-B, from ten to fourteen units an acre to ten to seventeen units an acre. Motion failed The motion failed b~ the following vote, to- wit: Ayes: Councilmen Scott, Mayor Hamilton NOGS: Councilmen Hobol, Hyde Absent: Councilman Egdahl Discussion as to rescheduling Councilman Hyde proposed that the meeting hearing should be rescheduled inasmuch as there was a split vote and one Councilman was absent. Attorney Blick stated this would be his recom- mendation as there is an impasse and this is unacceptable. Mr. York stated he would prefer to have the continuance. Mr. Lauer indicated he would go along with approval of the fourteen units an acre with the precise plan attached. Mr. Edwards requested thc% at the next hearing, Councilman Hyde remove himself from the hearing because he was on the Planning Commission at the time this was heard when they voted in favor of having the one unit per 3,000 square feet of land area. - 3 - Motion to reopen hearing It was ~oved by Councilman Hyde and seconded hy Councilman }~bo1 that the hearing be re- opened and continued to the next meeting at whick time all interested parties are in- vited to participate and repeat their posi- tions again. ( In this way it would save the necessity of advertising and the delay which ~ould be incurred by readvertising.) The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel Noes: Mayor Hamilton Absent: Councilman Egdahl Recess A recess ~as called at 8:40 p.m. and the meet- ing reconvened at 8:55 p.m. PUBLIC HEARING - PROPOSING AND In order to place the proposed Charter amend- SUBMITTING TO THE ELECTORS OF ments on the ballot, it is now necessary SAID CITY AT THE SPECIAL MUNI- to call a special election for that date CIPAL ELECTION TO BE HELD ON and set forth the precise proposals being APRIL 17, 1973, CERTAIN made. PROPOSITIONS TO AMEND THE CHARTER OF THE CITY Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Proposition C Attorney Blick explained that there is a problem in the wording of Proposition C, whereby it specifies that the special election shall be scheduled for the second Tuesday in June following the general muni- cipal election in April. This should be amended to state that the special election will be held on a date uncertg~ but determined according to the legal time limit. Proposition A Councilman Hyde noted that the adoption of th~ proposition would exolud~ just one member of the Council..(Councilman Scott) from seeking another term. Motion to amend Proposition A It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the last sentence be stricken: "This pro- vision limiting the terms of members of the City Council shall be applicable to the in- cumbent officeholders at the time of its approval." The following sentence should be substituted: "The encumbents serving at the time that this Proposition is adopted shall be entitled to be candidates for serving one additional term beyond the enactment of this Proposition." Comment on motion Mrs. Lois Richards, member of the Charter Review Committee, declared that this item was discussed at length by the Committee with no particular Councilman in mind. She added that if the Council feels the Proposition is valid, they should approve it now without any modification. Propositions B and C Councilman Scott indicated that a time certain should he put into this Proposition, and he would suggest 1976 so that it would not apply. to the encumbents whose terms expire in 1974. - 4 - Councilman Hyde stated he has researched the ¥~te figures for the last ten elections and in five out of ten elections, the winners had the majority vote. Where there was no majority, tIzere was a substantial plurality to the effect that there was no doubt as to who would win in a run-off. Councilman Hyde added that he feels there is no merit in having a run-off election. Councilman Hyde spoke against Proposition B, remarking that it would encourage the proba- bility of run-off elections. Councilman Hobel agreed adding that "B" would bring on a fragmentation of the voting. Mr. John Kingston, Chairman, Charter Review Committee, discussed the Committee's rationale in proposing the Propositions. He felt that the cost of the special elections was justi- fied as it becomes a "question of putting value on the quality of representation." Motion to not place Proposition B It was moved by Councilman Hyde and seconded on ballot (Sec. 300 Members and by Councilman Hobel that Proposition B not Terms -- numbered seats) be placed on the ballot. Motion fails The motion failed by the following vote, to-wit AyeS: Councilmen Hyde, Hobel NOES: Councilman Scott, Mayor Hamilton Absent Councilman Egdahl Assis~antC~yAttorney Blick explained that if a motion is made to place a pr~i~m on the ballot and that motion carries, then that ~ropo$iti~ is placed on the ballot - and in any other event, it will not be put on the ballot. Motion to not place Proposition C It was moved by Councilman Hyde and seconded on ballot (Sec. 300 Members and by Councilman Hobel that Proposition C not Terms -- majority vote and special be placed on the ballot. elections) The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Scott Noes: Mayor Hamilton Absent: Councilman Egdahl Motion for approval of Proposition It was moved by Councilman Scott, seconded D (Sec. 301 Eligibility to Run for by Councilman Hyde and unanimously carried Office) that Proposition D be placed on the ballot. Proposition E (Sec. 304 - Full-Time Councilman Scott questioned the wording of Mayor) paragraph 4 in which it stated that "the Mayor or his designated representative shall represent the City in any and all matters..." Councilman Scott felt the word should be changed to "may," as the whole form of government could be changed by this one word. Mrs. Richards explained that the Charter Review Committee specifically wanted assurance that the full-time elected official would represent the City. Eugene Coleman Mr. Coleman stated he supports the idea of 1670 Gotham Street having a full-time Mayor; however, he dis- agrees with this Charter change as it increases the salary of the Mayor 200% and does not increa&e his dutSe~ or autkority. Mr. Coleman felt it sB~ould be changed to a strong Mayor form of government~ Mayor Hamilton noted the numerous meetings of the various governmental agencies which have increased six times over the last f~w years and to ~ich the Mayor or his repre- sentative should attend. Change of wording Various word changes were offered and dis- cussed. Assistant City Attorney Blick sug- gested the following change: "The Mayor, unless a representative is designated by a majority of the Council, shall represent the City..." Councilman Hyde asked that the words"alternate representative" be inserted and also the words inserted in the sentence reading:".., provided that no act ..... entered into or committed by the Mayor or the above-mentioned representa- tive~ shall be binding.;.~ City Manager Thomson declared that Section 501 of the Charter ~t.~te~tthzt t~e~City Manager shall assign the managerial staff precludes the Mayor, by this change, of interfering with the administrative process. Recess A recess was called at 9:50 p.m. and the meeting reconvened at 9:56 p.m. Motion to place Proposition E on It was moved by Councilman Hobel, seconded ballot with amendments by Councilman Hyde and unanimously carried that Proposition E be placed on the ballot with the following amendment, as suggested by the Assistant City Attorney: (second sentence of subsection 4 of Section 304) "The Mayor, unless a representative is designated by a majority of the City Council shall represent the City in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor, or the above-mentioned repre- sentative~ shaFl-'be' binding upon the City of Chula Vista unless duly authorized or rati- fied by the City Council..." Proposition F (determining manner City Manager Thomson referred to the wording: in which salary increase shall "...Mayor...shall assume the increased become applicable) responsibilities of the Office of Mayor..." He stated there is no conflict with the administrative processes since the limitations are stipulated in the Charter under Sections 304 and 305. Mr. Kingston discussed the Committee's rationale behind this proposal. Councilman Scott remarked that the Proposi- tion was not necessary -- if the idea is good and the responsibility is there, there is no need for another election. Councilman Hyde agreed adding that he feels the incumbent deserves his full term. Motion not to place Proposition F It was moved by Councilman Hyde, seconded by on the ballot Councilman Scott and unanimously carried that Proposition F not be placed on the ballot. Proposition G Mr. James Dyer, 173 Riviera Court, stated (suspension of employees) ha ia repraaenti.ng Chela Vista Firefighters Union Local 2180. Tke¥ feel that the removal James Dyer of this section would guarantee the employees 173 Riviera Court due process of the law with regard to sus- pension. As it now stands, a department head can suspend an employee for thirty days or five days as noted by the City Attorney. It is thm~opinion of his organization that this suspension clause has been abused in the past. Assistant City Attorney Blick explained that the court ruling was that five days, without right of appeal, is proper. The City's Charter, as it presently reads (thirty days) is probably unconstitutional Mr. Kingston related the Charter R~view Com- mittee's reasoning for deletion of the first paragraph of this Section 807. Armando Liuag Mr. Liuag stated he is representing the 1112 Monterey Avenue Chula Vista Employees Association and ques- tioned whether a five-day suspension (Charter provision) would be a negotiable item during salary meetings. Assistant Attorney Blick explained that it would depend on the terms of the wording in the Charter. It could be phrased so that it would be negotiable. Mr. Liuag then discussed the fact that if a five-day period is deemed constitutional and a thirty-day period is not, it still wouldn't matter whether it is one day, five days or more; a department head could still suspend an employee without the right of a hearing. Mr. Liuag added that this would not be proper and asked that the paragraph be deleted, as proposed by the Charter Review Committee. 8~ve Parka, Charter Review .~t~.:~ Parka, member of the Charter Review Committee, spoke in favor of the Proposition. Eugene Coleman Mr. Coleman spoke in favor of the Proposition. 1670 Gotham Street If a supervisor has a right to arbitrarily suspend one of his employees, this could create an attitude felt throughout the whole department, and start an initiative. Chief William Winters Chief Winters reported that in the last ten Police Department years in the Police Department there were no suspensions that exceeded ten days. The problems in the Police Department are dif- ferent and unique. The appeal goes to the Civil Service Commission which has the right to overturn the decision of the management. This would destroy morale in the Police Department. Chief Winters noted the rights of Policemen and the movement being organized for a Bill of Rights for the Police. Fire Chief William Smithey Fire Chief Smithey declared that in the field of public safety, the public has the right to expect certain attitudes, and actions by emergency service, and a means of discipline must be retained to achieve this. In the Fire Department, there was an average of one suspension a year for the past five years. Chief Smithe~ added that he feels a suspension can serve as a posit%.va and usaful function. City Manager Thomson City Manager Tkomson spoke against the Proposition, stating it would negate the in- tent of the employee-employer policy as cited by the representative of the Firefighters Union. Mr. Thomson noted certain sections of this policy. This Proposition would also negate the Administrative Procedure which covers the policy on discipline. John Kingston Mr. Kingston commented that if you do have a Charter Review Committee suspension, you end up with a record as well as a loss of pay situation. ~is record would be astronomical and prevent an employee from getting promoted. Motion to place Proposition G It was moved by Councilman Hobel and seconded on the ballot by Councilm~n Hyde that Proposition G be placed on the ballot. Motion failed The motion failed by the following vote, to- wit: ~e~: Councilmen Hobel, Hyde NOES: Councilman Scott, Mayor Hamilton Absent: Councilman Egd~hl Motion for amendment to Section 807 It was moved by Councilman Scott and seconded by Councilman Hyde that Section 807 be amended in such a way as to bring the number of days down to not more than five and that it be stated also in such a way that at some future date this "five-days" could be subject to future negotiation. Armando Liuag Mr. Liuag asked how the Employees' Association can go about negotiating for a lesser period of time. City Manager Thomson stated this would have to be discussed when the Employee groups come in with their demands. Councilman Scott agreed that this would be One of the "meet and confer" items. Motion carried ~he motion to amen~l Sec-ti.mn B~ ~d pl~ac~ ~ropositio~ G 'on the ~al~ot carried by the ~llbwing Vote; ~o-wit: ,.~,,~ ; ~: Co~i%me~ ScOtt, Hyde, Hamilton 'Absent: Cocci lman Egdahl ~aypr H~iitOn .~h~k~d th~ ~e~bers~ ~f th~ ~r~ Review C0~it~ee ~o~ t~ fihe ~orl they did ~h t'h~'~e propositions. ORDIN~CE No. 1442 - PROPOSING It was moved by Co~cilm~ Scott that this ~D SUBMITTING TO THE ELECTORS ordinance be placed on its first reading OF SAID CITY AT THE SPECIAL and adopted, and that reading of the text ~ICIPAL ELECTION TO BE ~LD be waived by unanimous consent. IN SAID CITY ON THE 17TH DAY OF APRIL 1973, CEftIN PROPOSITIONS The motion carried by the following vote, TO ~END'T~ C~RTER OF T~ CITY to-wit: OF CHULA VISTA - FIRST ~ING AYES: Councilmen Scott, Hobel, Hamilton, AND ADOPTION Hyde Noes: None Absent: Councilman Egdahl Recess A recess was called at 11:32 p.m. and the meeting reconvened at 11;40 p.m. ORDINANCE AMENDING ARTICLE 6 This ordinance controls campaign contribu- OF CHAPTER 1 OF THE CHULA tions and expenditures in Chula Vista muni- VISTA CITY CODE BY ADDING cipal elections. The proposals were sub- T}~RETO NEW SECTIONS 1.605 mitted by a Mayor's Carmpaign Expenditure THROUGH 1.635, ALL RELATING Committee and discussed by the City Council TO THE CONTROL OF CHULA VISTA at a Council Conference. MUNICIPAL ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Continued until next meeting It was moved by Councilman Hyde, seconded by Councilman Hobel and unafiimously carried that this item be continued until the meeting of February 13, 1973. ORDINANCE AMENDING CHAPTER 20 Assistant City Attorney Blick stated the OF CITY CODE BY ADDING THERETO ordinance should not have been put on the A NEW SECTION 20.35.5, PROHIBITING agenda as first reading, but rather for CERTAIN LIGHTING WHICH IS Council consideration. DEEMED TO BE A NUISANCE PER SE AND PROVIDING ADMINISTRATIVE PROCEDURES In a report to Council, City Attorney Lindberg FOR AUTHORIZING THE USE OF SUCH added that the Cff~ Council was conducted LIGHTING UNDER PARTICULAR on a tour of various lighting situations on CIRCUMST/~NCES Tuesday, January 30, 1973, by representatives of the San Diego Gas and Electric Company. Mr. Lindberg added that the ordinance proposed (1) prohibits the use of high pressure vapor lighting units (sodium vapor) unless a permit has been issued by the City; (2) ail sodium vapor lighting and similar type bulbs shall be discontinued as of March 1, 1973j unless a special permit has been issued. Peter Shenas, Attorney Mr. Shenas stated he is representing ;.Ir. Frank Ferreira who feels that this ordinance was caused by him and directed toward him, and he is ready to take judicial action to test it. Mr. Shenas declared the ordinance was: (1) discriminatory as it relates to sodium vapor lighting. If lighting is to be regu- lated, it should be defined in terms of wattage, etc. [2) It is vague and gives no guidelines -- some standards should be given. Mr. Shenas discussed the lights in various sections of the City, noting that the lights used by Mr. Ferreira averaged only three percent of the lights used in the fields. He asked that the Council abandon any legislation in this field, as he felt it was adequately controlled by the present City ordinance. Frank E. Ferreira Mr. Ferreira stated he does not object to complying with the law; however, there must be guidelines. He further questioned the emergency need of the ordinance and asked that, if adopted, it be passed through the regular two readings. Referred to City Manager Mayor Hamilton referred the ordinance to the City Manager in order to gather more needed information before being~esa~bmittam~ to the Council. - 9 - RESOLUTION NO. 6725 - In a report to the Council, Director of APPROVING UTILITY AGREEMENT public ~orks Cole explgined that there will BETWEEN THE CITY oF CHULA he a disruption of sewer service to certain VISTA AND STATE OF CALIFORNIA areas lying ~tkin and adjacent to the free- REGARDING MODIFICATION OF way right of way due to the construction of SEWER FACILITIES Route S4 between Interstate S and Interstate 80S. The purpose of the agreement is to insure the same level of sewer service to those areas presently served by the City of Chula Vista, and which will remain intact after the construction of the freeway. In accordance with the agreement, the State will bear all the cost of modifying sewer facilities and will pay the connection fee of $130 per acre for connecting to the sewer facilities of the Spring Valley Sanitation District. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Uouncilman EgdM~l RESOLUTION NO. 6726 - On June S, 1972, the Planning Commission ACCEPTING EASEMENT FOR approved a zone change for property located SEWER PURPOSES AT S42 at S42 Broadway. One of the conditions of BROADWAY approval imposed was that the owners grant an appropriate public easement for sewer upon the site. The necessary grant of easement has been submitted for acceptance and dedication by the City. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6727 - The intersection at Hilltop Drive and ESTABLISHING BOULEVARD STOP Kingswood Drive is a new intersection on AND/OR THROUGH STREET Hilltop Drive, which is a major north-south IN THE CITY OF CHULA VISTA arterial. Director of Public Works Cole reported that a definite assignment of right-of-way had to be made at this location. A trial regulation in effect for eight months had the traffic stop on Kingswood Drive. It was recommended that the regulation be made permanent. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: ~YES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Conncilman Egdahl - 10- RESOLUTION NO. 6728 - Director Qf public Works Cole reported that A~NDING SCHEDULE III OF the ~ection o~ Kennad~ Street, beginning TRAFFIC CODE TO PR0bi~BIT at the east curb line of Third Avenue to a PARKING ON KENNEDY STREET point 630 feet east has recently been annexed to th~ City. Since it is a half street, eighteen feet wide, with curbs or berms on Both sides, it becomes impossible to permit parking and still maintain two-way traffic. A trial regulation on prohibiting parking at all times along this section of the road has b~e~ functioning satisfactorily, and was reconunended that it become permanent. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6729 - Director of Public Works Cole reported the ACCEPTING BIDS AND AWARDING following bids received on January I6, 1973: CONTRACT FOR NORMAN PARK SHUFFLEBOARD COURT ADDITION T.B. Pcnick & Sons, Inc. $8,974.00 Sapper Construction Company $9,487.00 It was recommended that the contract be awarded to the low bidder and that the expenditure of $10,000 be authorized from the Park Development Program. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote- to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdah] RESOLUTION NO. 6730 - In a report to the Council, Director of APPROVING CHANGE ORDER Public Works Cole recommended approval of the FOR TRAFFIC SIGNAL expenditure of $2,000 to be appropriated INTERCONNECT PROJECT from the TOPICS fund for a traffic signal interconnect project. He explained new techniques in circuitry design, whereby it is now possible to allow for the installa- tion of three status lights on a display panel instead of one, as now exists. This will make visual inspection more meaningful when checking overall operation and for ob- serving system response when adjustments are made at the control center console. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobe], Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl - 11 - RESOLUTION NO. 6731 - Qn Decmmber 12~ 1972, th~ CQunc~l adopted CALLING A PUBLIC HEARING Kesolut~on Ng, 6683, approving the six-year TO DETERMINE ~tE2~{ER PUBLIC utilities undergrounding program. The first NECESSITY, HEALTH, SAFETY priority is E Street, from Interstate $ OR WELFARE REQUIRE THE to Broad,ray. The e$~timated cost of under- FORMATION OF AN UNDERGROUND grounding i~ $145,000. This resolution calls UTILITY DISTRICT ON "E" a public bearing on February 27, 1973, in STREET FROM INTERSTATE 5 accordance with ordinance provisions. FREEWAY TO BROADWAY 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 Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6732 - The San Diego Junior Golf Association has WAIVING GREENS FEES requested a waiver of greens fees and AND AUTHORIZING A authorization for a "shotgun" start for "SHOTGUN" START FOR their 8th Annual Chula Vista City Junior THE CHULA VISTA CITY Championship Tournament to be held on Monday, JUNIOR CHAMPIONSHIP August 13, 1973. TOURNAMENT The Parks and Recreation Commission, at the meeting of January 18, 1973, recommended ap- proval of the request for a waiver of greens fees and the "shotgun" start. 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 Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6733 - City Manager Thomson reported that negotia- PROVIDING FOR THE tions have been completed with the owner, SPECIAL APPROPRIATION American Housing Guild, for acquisition of OF FUNDS FOR ACQUISITION the Larkhaven park site. The agreed-upon OF LARKHAVEN PARK SITE price is $13,500 an acre for a total price of $68,580 for the 5.08 acres. 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 Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6734 - This annexation includes 403 acres of land GIVING NOTICE OF THE PROPOSED located on both sides of Interstate 805 ANNEXATION TO THE CITY OF in the vicinity of H Street. The annexa- CHULA VISTA OF CERTAIN tion is being proposed by Dr. Leonard Bloom UNINHABITED TERRITORY KNOWN to permit development of the property with AND DESIGNATED AS SPORTS City services. LAFCO approved the annexation WORLD PHASE I ANNEXATION on January 1S, 1973, with some additional territory added. A public hearing will be scheduled for March 27, 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: - 12 - AYES: Councilmen Scott, Hobel, Hamilton, H~de Noes: None Ah~ent: Councilman Egdahl REQUEST FOR APPROVAL OF A request was received from Mr. Don C. Meyer, ADDITIONAL LAND USAGE BY President, Parkview Little League, for addi- THE PARKVIEW LITTLE LEAGUE tional land for a fourth baseball field at AT GREG ROGERS PARK Greg Rogers Park. Mr. Meyer cited the fact that in 1969 there were eighteen baseball teams and this has now grown to thirty-one, which necessitates the request. This ap- proval would complete the four-field circular complex serviced by other facilities built by the League. City Manager Thomson recommended approval, subject to Environmental Review ~rocedures. Request granted It was moved by Councilman Scott, seconded Dy Councilman Hobel and unanimously carried that the request be granted, subject to Environmental Review procedures. REPORT ON SB 325 FUNDS City Manager Thomson submitted a report to the Council on the SB 325 Grant Application. He asked that they review it prior to the Council Conference scheduled for Wednesday, February 7, 1973. STREET WIDENING PROJECTS City Manager Thomson briefly discussed Council's policy pertaining to holding a public hearing on any street widening pro- ject in the City. He stated that a public meeting will be held on the J Street widen- ing project, Broadway to Fourth Avenue, prior to the Council's public hearing, in order to acquaint the people with the project. This meeting will be held at the First Methodist Church in Chula Vista, Third Avenue, on February 15, 1973, at 7:30 p.m. REPORT ON WATERING OF In a report to the Council, Director of Public CITY STREET TREES Works Cole reviewed the City policies per- taining to watering and maintaining City street trees. Specifically, it states that the City shall water the trees in developed areas where adjacent property is not occupied; and shall not schedule for nurturing any more trees than can be cared for by the City's two-man crew with a water truck. Mr. Cole recommended that the City not par- ticipate in a program of tree watering other than that stated in the City policy since: (1) additional personnel must be hired and equipment purchased which cost would be excessive as compared to the benefits re- ceived; (2) street tree watering is accom- plished in many new developments through the formation of Home Owners Associations. If the City were to water all street trees, then these property owners would be paying not only to have their own trees nurtured, but also through City-imposed taxes to have the trees of other Chula Vista citizens watered and fertilized. - 13 - Report accepted It was moved by Councilman Scottj seconded by Councilman Hobel and unanimously carried that the report be accepted. MAYOR'S REPORT It was movod by Councilman Scott, seconded by Councilman Hoh~l and unanimously carried that there he no Ma~or's Report presented at this meeting. COUNCIL'S R~PORTS It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that there be no Council's reports presented at this meeting. WRITTEN COMMUNICATIONS Request to hold Art Marts - The Chula VistaArt Guild sent in a request Chula Vista Art Guild, Inc. for permission to hold the following Art Marts at the corner of Fourth Avenue and F Street: April 14-1S, 1973 June 9-10, 1973 August 11-12, 1973 October 11-12{13), 1973 November 11, 1973 December 9, 1973 Also requested is a waiYerof the license fee. Request granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be granted, subject to the City Manager's approval. Verified claim for damages - Mr. T. T. Crittenden, 6117 E1 Cajon Boulevard, T. T. Crittenden San Diego, has filed a verified claim for damages in the amount of $315.00. He states that on January 4, 1973, a Mr. Raymond Eugene Miller assigned all right, title and interest in impounded property to him, and a letter to this effect was sent to the Chief of Police on January 1S, 1973. On January 22, 1973, Mr. Miller obtained the property by fraudulent means from Police custody. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be denied and the matter be turned over to the City's insurance carrier for investigation. Letter of resignation - Mr. Glen Comer, member of the International Glen Comer, International Friendship Commission, has submitted his Friendship Commission resignation due, he states, to a recent ill- ness and doctor's orders to take a lengthy leave of absence from his teaching duties. Resignation accepted with regret It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter be sent to Mr. Comer, thanking him for his services on thi~ Commission. Request to fill unexpired term - A request was submitted by Mr. Charles S. Board of Appeals Offerman, Chairman, Board of Appeals, to fill the term of office held by Mason Baity, which expires in July 1973. Mr. Baity has been ill for the past fifteen months and will be unable to attend any future meetings. - 14- Letter to be sent It was moved by Councilman Hyde, seconded by to Mr. Bait7 Councilm~n Scott and unani, mou$1y ~ar~ied that a letter he sent to Mr. Bait¥, thanking him for his serv$ce~ on thi~ Board and ex- pressing Council's concern over his health. Council Conference Mayor Hamilton referred to the request of the City Clerk concerning scheduling of the Open Space District ~or E1 Rancho del Rey for the meeting of February 14, 1973, if the public hearing on Apollo 3 Subdivision will ~ot be heard at that time. The Council concurred that a Conference should be scheduled on that date to consider this item. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:23 a.m. to the meeting scheduled for Wednesday, February 7, 1973, at 3:00 p.m. in the Council Conference Room. City(Clerk- - 15 -