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HomeMy WebLinkAboutcc min 1973/01/02 MINU~ES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 2, 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, H~milton, Hyde, Egdahl Absent: None Also present: City Manager Themson, 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 COUNCIL MINUTES Councilman Scott referred to the discussion concerning the J Street center divider, in which the minutes stated he "abstained from further discussion..." He asked that this be changed to any discussion. It was meved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the minutes of the meeting of Decemher 19, 1972, be approved, as cor- rected, copies having been sent to each Councilman. PUBLIC HEARING - INTENTION At the meeting of December 12, 1972, the TO VACATE A PORTION OF Council set a public hearing on the proposed NITA COURT vacation of a portion of Nita Court for this meeting. However, the posting of the street was not accomplished until December 26; therefore, it is necessary to continue the hearing for one week. Motion to continue It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the public hearing be continued to the meeting of January 9, 1973. ORDINANCE NO. 1438 - This annexation consists of two vacant lots APPROVING THE ANNEXATION located on the east side of Hilltop Drive OF CERTAIN UNINHABITED at Center Street, prezoned R-l-10. The an- TERRITORY KNOWN AND nexation was approved by LAFCO on December 4, DESIGNATED AS CREASER- 1972, and by the Planning Commission on WARWICK'S HILLTOP DRIVE October 30, 1972. This is a 100% consent ANNEXATION - First reading annexation. Ordinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on first reading and that reading of the text be waived by unanimous consent. The motion passed by the following vote, to-wit: AYES: Councilmen Egda~l, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1439 - This annexation consists of two parcels lo- APPROVING THE ANNEXATION cated in the 400 block of Hilltop Drive, OF CERTAIN UNINHABITED each improved with a single family house and TERRITORY KNOWN AND zoned R-l-10. The annexation was approved DESIGNATED AS HOUSER'S by LAFCO on December 4, 1972, and by the HILLTOP DRIVE ANNEXATION - Planning Commission on October 30, 1972. First reading Ordinance placed on It was moved by Councilman Hyde that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6697 - Approximately eight months ago, a trial regu- AMENDING SCHEDULE V OF lation tyf no stopping at any time was imposed TIlE TRAFFIC CODE TO PRO- on both sides of H Street beginning at the west HIBIT STOPPING AT ALL curb line of Broadway and ending at Interstate 5. TIMES ON "~' STREET The regulation was for the purpose of clear- ing the curb area in the area so that a continuous left turn lane could be installed. The Director of Public Works reported that the regulation has been functioning well and recommends that it be made permanent. 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. 6698 - Approximately eight months ago, the regula- AMENDING SCHEDULE V OF tion of no stopping at any time was imposed THE TRAFFIC CODE TO on the north side of Mankato Street from PROHIBIT STOPPING AT ALL Garrett Avenue to Third Avenue. TIMES ON MANKATO STREET The Director of Public Works reported that the regulation has been functioning well and recommends that it be made permanent. 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. 6699 - Approximately eight months ago, the following AMENDING SCHEDULE VI regulation was imposed on a trial basis: OF THE TRAFFIC CODE BY ESTABLISHING LIMITED 2-hour parking - 8:00 A.M. to 6:00 P.M. PARKING REGULATIONS ON G Street - beginning at a point 250' east "G" STREET of east curb line of Third Avenue, and ending on the west curb line of Del Mar (north side); - 2 - G Street - beginning at the west curb line of Church Street and ending at the west curb line of Del Mar extended (south side). ~e Director of Public Works reported that the regulation has been functioning satis- factorily and recommends that it be made permanent. 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. 6700 - This subdivision consists of 65 lots and is APPROVING AND ACCEPTING located south of Otay Vallgy Road between PUBLIC IMPROVEMENTS IN Rios Avenue and Interstate 805 Freeway. THAT CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS A final inspection was made on December 20, RANCHO RIOS UNIT NO. 1 1972, and all of the public improvements in the subdivision have been completed to the satisfaction of the Public Works Director and in accordance with the requirements of the City. 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, ttamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6701 - On November 2, 1972, Mr. and Mrs. John F. ACCEPTING, DEDICATING McCrory executed a grant deed to the City for AND NAMING CERTAIN REAL a strip of land which would complete the PROPERTY FOR STREET cul-de-sac right of way requirements for AND HIG~AY PURPOSES James Court. A prerequisite to this ac- LOCATED ON JAMES COURT ceptance is dedication of a portion of an existing one-foot control lot situated along the centerline of the ultimate right-of-way. 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. 6702 - The City holds a one-foot control lot along DEDICATING AND NAMING the approximate centerllne of James Court CERTAIN REAL PROPERTY so as to assure the ultimate dedication of FOR STREET AND the full right-of-way width of James Court HIGHWAY PURPOSES and to allow the adjacent subdivider to be repaid a portion of his expense in con- structing sewer within the street which benefited properties beyond his subdivision. A portion of the additional street right- of-way has been dedicated. - 3 - The Director of Public Works reported that in order to prevent creation of a one-foot wide non-dedicated strip down the center of James Court, it is necessary to dedicate and name a 72-foot length of the existing control lot (a portion of Lot "A" in Cindy Park Unit 2 Subdivision). 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. 6703 - On January 25, 1972, the Council passed APPROVING AGREEMENT BETWEEN Resolution No. 6327 which establishes THE CITY OF CHULA VISTA AND guidelines for expenditures by private THE COMBINED ARTS AND organizations. ~e guideline specifies that EDUCATION COUNCIL OF SAN no expenditure may be made out of any ap- DIEGO COUNTY IN REGARD TO propriation until a written agreement THE EXPENDITURE OF CITY FUNDS setting out the terms and obligations of APPROPRIATED the parties has been consummated. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 6704 - The funds for this program were closed into PROVIDING FOR THE SPECIAL the General Fund Unappropriated Reserve as APPROPRIATION OF FUNDS FOR of October 31, 1972. Approximately $3,800 SUPPORT (IN KIND) FOR THE was returned to the General Fund. It is PUBLIC EMPLOY~{ENT PROGRAM now necessary to appropriate an additional $1,400 for expenditures for fiscal year ending June 30, 1973. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6605 - q"nis agreement provides for the modification APPROVING AGREEMENT of an existing roof sign and for the removal BETWEEN THE CITY OF of a non-conforming freestanding sign at CHULA VISTA AND Mayfair Market located at 500 Broadway, on ARDEN-MAYFAIR, INC. or before May 1, 1977, rather than the original abatement date of May 1, 1982. Council discussion In answer to Councilman Scott's query, Acting Director of Planning Williams explained that Arden-Mayfair is modifying an existing non-conforming sign, and agreeing to the fact that it will be amortized within the original abatement period. Conformance of signs Councilman Scott explained that other cities have a provision in their sign ordinances whereby if someone wants to modify his sign, - 4 - it would have to be done in conformance with the present sign ordinance, if it is over "x" number of dollars. Councilman Scott added that any sign remodeling should con- form to the sign ordinance -- this would reduce the number of non-conforming signs. He felt the Council should have a policy whereby any major re-signing of an establish- ment would have to conform to the ordinance. City Attorney Lindberg indicated that this provision was in the ordinance; if anyone was to re-do his sign, he must adhere strictly to the ordinance or allow the continued abatement period to run. 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, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None £ONSIDERAT~O~ OF PROPOSED The City Clerk reported that she received the OPEN SPACE DISTRICT - EL petition from the developer of E1 R~cho RANCHO DEL REY del Rey on November 16, 1972. A preliminary report was filed by the Director of Public Works and the Director of Parks and Recreation. The reports were forwarded to the Planning Co~nission and considered at its meeting of December 18, 1972. Discussion of assessments Councilman Hyde referred to the question made by Planning Commissioner Wilson at the time this matter was before that commission. Mr. Wilson raised the question of whether, in the creation of the Open Space District, neighborhood parks (public parks) would be encompassed in the Open Space District assessment. This would be a form of double taxation. Acting Director of Planning Williams remarked that the Planning Conm~ission recommended that the neighborhood parks not be included. He referred to the reports submitted by the Public Works Director and the Director of Parks and Recreation, and added that at the Council public hearing, all these ques- tions can be discussed. Council Conference set It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this matter be set for a Council Conference on January 17, 1972, at 3:30 p.m. in the Council Conference Room. CONSIDERATION OF DETAC}g~ENT Mr. Ray G. Koenig, owner of approximately OF TERRITORY FROM THE 2.5 acres of land which will be isolated CITY OF CHULA VISTA from the Chula ¥ista corporate area subse- quent to the construction o~ Freeway 805, has requested the consent of the Council for the detachment of the property from the City of Chula Vista and the transfer of said property to National City. City Attorney Lindberg stated that this was a logical step since the property will be difficult for the City to serve after the completion of said freeway. Motion to file It was moved by Councilman Scott and seconded by Councilman Hobel that this matter be filed. Council discussion Councilman Hyde indicated there was a certain amount of geographical logic to the detach- ment, from the standpoint of providing ser- vices to the area. Councilman Scott stated that LAFCO should make a study -- they should look over the whole situation and determine the boundaries, and see what agreements could be met in even exchanging some properties with National City in order to even out the boundaries. Suggestion for motion Councilman Scott added that a motion should be made to request that LAFCO make a deter- mination of the logical boundaries and sphere of influence between National C~ty, San Diego and Chula Vista and make a report on it. After that report, the Council could then make a decision. Charles Provence, Attorney Mr. Provence stated he was the attorney for Bank of ~nerica Building the applicant and asked for Council's San Diego, California consent in this matter so that it could be considered by the County Board of Supervisors. Mr. Provence noted the location of the property and declared that Chula Vista could not serve the area without going through the streets of National City. Motion amended It was moved by Councilman Hyde that the motion be amended to state that the matter will be continued until after the matter described by Councilman Scott has been re- ferred to LAFCO and a decision would be forthcoming. Conncilman Egdahl seconded the amended motion. Amended motion withdrawn Councilman Scott indicatod he would be willing to offer a new motion, incorporating this continuance. Councilman Hyde withdrew his amended motion and Councilman Egdahl with- drew his second. Motion to request It was moved by Councilman Scott, seconded LAFCO study by Councilman Hobel and unanimously carried that this matter be continued until such time as LAFCO has worked a study on the sphere of influence and the boundaries between National City and the other jurisdictions between the County and the City of San Diego, and a recommendation brought back to the Council. ORDINANCE NO. 1436 - This ordinance regulates: (1) permanent AMENDING SECTIONS 33.507 H, outside sales and display; (2) temporary PARAGRAPH 1; 33.S09 G, outside sales and display; (3) service station PARAGKi~H 1; 33.510 G, PARAGRAPH display; (4) special events; (5) temporary 5; 33.511 G, PARAGRAPH S, promotional signs. It was placed on its first 33.901 B; 33.950 F, PARAGRAPH 2 reading at the meeting of December 19, 1972. OF TIlE ZONING ORDINanCE RELATING TO OUTSIDE DISPLAYS AND SPECIAL EVENTS - Second reading and adoption Ordinance placed on second It was moved by Councilman Egdahl that this reading and adoption ordinance be placed on its second reading and adoption. The reading of the text was waived by unanimous consent. - 6 - The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6706 - Council has previously considered the request PROVIDING FOR THE SPECIAL of the Parking Place Commission to acquire and APPROPRIATION OF FUNDS develop three additional off-street parking FOR PAYMENT OF APPRAISALS sites. Staff reports from the Planning and OF ADDITIONAL PARKING LOT Public Works Departments recommended against SITES IN THE CHULA VISTA the acquisition of these additional parking PARKING DISTRICT lots. At fa3 Council Conference, the staff was directed to get together with the Parking Place Commission and discuss financial arrange- ments which would be necessary to accomplish such acquisition. The Commission is now re- questing the sum of $10,000 for the appraisals of the three sites. Recommendation of Director Mr. Cole stated his denial of the request of Public Works was based on the fact that 75% of the revenue that supports the District comes from on- street parking and 25% from off-street parking. Based on a ten-hour day, the greatest use of any parking lot was 60% (in terms of 100% usage). Most of the lots fall below that. Based on national figures, his staff felt that the usage of the lots did not warrant acquiring additional lots. Recommendation of Acting Mr. Williams stated it was his recommendation Director of Planning that a relatively detailed specific plan should be done of Third Avenue (Downtown), and the implications of the zoning itself, in terms of parking lots, needs further study. Mr. Williams added that it would not be feasible to acquire additional lots at this time, when the study may reveal that they are not in the right place. Council discussion In answer to Council's inquiries, City Manager Thomson discussed the financial aspects of acquiring additional parking sites. City Attorney Lindberg commented that addi- tional lots could be acquired and developed with the direction and assistance of the Parking Place Commission, but not actually amend the original ordinance. There is al- ways the possibility of the property owners within the district having to come up with an ad valorem assessment if revenue from the parking meters is not sufficient. Motion to continue to It was moved by Councilman Hyde and seconded Council Conference by Councilman Egdahl that the matter be con- tinued to another Council Conference to be scheduled at a time recommended by the City Manager, and at this meeting, the Council have more appropriate information plus at least comments concerning financing plans that would be recommended if procedure was given for the purchase of the lots. Secondly, some indication of the willingness of the Downtown Business community to participate in planning this. The Conference is to be held with the members of the Parking Place Coramission. - 7 - Need for appraisals Councilman Scott felt the Council needed the appraisals in order to make a decision as to: (1) whether to buy the properties; and (2) the means of financing the purchases. Motion for Conference fails The motion to hold a Council Conference failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent. The resolution failed to pass by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Scott Noes: Councilmen Hyde, Egdahl Absent: None (It was noted that the motion needed a 4/5s vote to pass.) City Manager's comments City Manager Thomson discussed the cost of the appraisals commenting that the staff will attempt to get a lower appraisal figure; how- ever, this sum must be considered along with money to finance their environmental impact statements on these lots and the effect they will have on the area. The appraisals can be used not only for planning purposes now, but for condemnation purposes, if needed. Change of vote Councilman Egdahl stated that, based on the City Manager's comments, he will change his vote on the last motion to reflect an affir- mative vote. The resolution, therefore, as offered by Councilman Hobel, carried by a vote of four to one. REPORT ON TRAFFIC STUDY Director of Public Works Cole explained that AT INTERSECTION OF "J" the matter of the possible installation of a STREET AND OAKLAWN AVENUE signal at "J" Street and Oaklawn Avenue to provide right-of-way assignment for pedes- trians and vehicles was studied by the Traffic Engineer. It was his recommendation that the measures taken at this intersection (signs and school boy patrol) were adequate. Mr. Cole stated it would be his recommendation that no action be taken until all freeway interchanges are open and have been functioning for a reasonable length of time in order for valid results to be determined from traffic analysis. Adult crossing guard Councilman Hobel indicated he agreed with the recommendation made by Captain Borchers that an adult crossing guard be hired during the periods that the pupils would be crossing this intersection. Motion to hire adult guard It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the City not wait until all the interchange5 are completed, but go to a part-time adult crossing guard at this school crossing. This - $ - program is to be instigated as soon as feasible. It is understood that there would be no increase in the budget funds, as this would come out of the existing Police Department budget. This program istoconfinueuntil such time as the Police Chief and the City Manager determine it should be terminated. REPORT REGARDING TAPE City Clerk Fulasz reported that the present RECORDER - CITY CLERK tape recorder is over eight years old and has needed constant maintenance during the past one and one-half years. The Communica- tions Technician has recommended replacement of the recorder with a 9000X Tandberg Recorder which would be installed as a permanent unit in the Council Chamber. The present recorder wound be used to transcribe only and an elec- trical device would be installed which would prevent anyone from erasing the tapes, either accidentally or deliberately. The cost of the recorder and installation would be $800.00. Motion to bring back It was moved by Councilman Egdahl, seconded resolution by Councilman Hyde and unanimously carried that a resolution be brought back at the next meeting appropriating the sum for the purchase of a new tape recorder. Cassette recorder Councilman Hobel asked if any consideration was given to getting a cassette recorder. Discussion of recorders Mr. George Calafut, Communications Technician, declared that they would never get the quality from a cassette that they would get from a reel recorder. In view of the fact that the present recorders are reels, it would mean having to acquire additional equipment to play back the cassettes. Tapes have a tendency to break more readily on a cassette and the machines ~am, so it would be his recommendation to purchase the 9000X Tandberg. Mr. Calafut em- phasized that the Tandberg was not the best recorder, but the most economical for the purpose. RECONSIDERATION OF Councilman Scott stated he is abstaining from "J" STREET MEDIAN discussion on this matter. Director of Public Works Cole explained that the Council considered the request of Mr. Jenkins, operator of the Texaco station on the northwest corner of Broadway and J Street to remove the median island on J Street, west of Broadway, to provide for left turns into his service station. Council approved this request subject to his participating in the removal cost on a 50-50 basis. Mr. Jenkins has stated his unwillingness to participate in the cost; however, Texaco Company has indicated its willingness to pay. Mr. Cole added that it is his belief that the island is appropriate and should remain. He discussed the turning movements and the traffic design pattern in the area. - 9 - Motion for reconsideration It was moved by Councilman Hobel and seconded by Mayor Hamilton that the previous motion made on this matter be reconsidered. (The previous motion was to remove a portion of the center divider on J Street, and the cost of the project is to be on a shared-cost basis with Mr. Jenkins' Texaco station.) Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Abstain: Councilman Scott Motion for median to remain It was moved by Councilman Hobel and seconded by Mayor Hamilton that the center island remain as it presently exists. Substitute motion Councilman Hyde moved that this matter be referred to the Safety Commission for their recommendation. No second to motion The substitute motion died for lack of second. Motion to reconsider The motion to reconsider Council's previous carries motion concerning the removal of a portion of the median carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde Noes: Councilman Egdahl Absent: None Abstain: Councilman Scott Motion to refer to It was moved by Councilman Hyde and seconded Safety Commission by Councilman Egdahl that this matter be re- ferred to the Safety Commission for their recommendation. Mr. Cole questioned whether the contractor would be allowed to finish the job, except for the portion in question. Mayor Hamilton indicated that the contractor should proceed up to this point. In answer to the Mayor's query, Mr. William Wappes~ Chairman, Safety Commission, stated the next meeting of the Safety Commission will be held on the fourth Wednesday of this month. Special meeting to be held Mayor Hamilton requested that the Safety Commission hold a special meeting on this matter and report back to the Council at the next meeting. Motion carries The motion to refer the matter to the Safety Commission for report carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Scott Recess A recess was called at 8:30 p.m. and the meet- ing reconvened at 8:45 p.m. PARKING PLACE COMMISSION Mayor Hamilton discussed the request of Mr. Standlee McMains, member of the Parking Place Commission, that the Commission be increased to five members. - 10 - It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that an ordinance be brought back at the next meet- ing increasing this coramission's membership to five members. SEASON'S GREETING The Mayor extended the holiday's greeting to the citizens of the community. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that the Council recess to Executive Session, after "Oral Communications" for personnel and liti- gation purposes. LANDSCAPING AT "J" STREET Councilman Scott discussed the area of black asphalt at the J Street ramp, whereby the other areas of J Street are landscaped. He questioned whether it would be appropriate to request the State to landscape this area. Councilman Hobel noted that he had made this similar request of the staff for the area on E Street. Motion to request landscaping It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the State be requested to landscape that J Street area to bring their standards up to those of the high quality of Chula Vista. Also incorporated into the motion is that area on E Street. PERMIT FOR NEW UTILITY POLES Councilman Scott recalled the San Diego Gas and Electric Company franchise whereby a discussion was held to require the utility company to obtain a permit prior to installing any new pole in the City. This recommendation was discussed at a recent Planning Commission meeting. Motion to refer to City Attorney It was moved by Councilman Scott that the City Attorney look into the San Diego Gas and Electric Company agreement, under Section 7, and submit a report to the Council as to whether a permit should be required for a new utility pole. No second to motion The motion died for lack of second. Explanation of Planning Acting Director of Planning Williams discussed Commission action the Planning Commission meeting whereby this question was raised. He indicated it was a misunderstanding, and a subsequent meeting was held which resulted in filing the request for this recommendation to the Council. City Attorney Lindberg commented that the letter of understanding with SDG&E refers to transmission poles, ORDINANCE BANNING Councilman Scott remarked that he requested SODIUM VAPOR LIGHTS the City Attorney to bring back an ordinance IN RESIDENTIAL AREAS which would ban sodium vapor lights in resi- dential areas. City Attorney Lindberg stated that this is forthcoming. 11 - MEETING ON SENATE BILL 325 Councilman Hobel stated that the Comprehensive Planning Organization will hold a public hearing on Senate Bill 325 on Friday~ January 5, 1973, at 7:30 p.m. in the San Diego Gas and Electric Company auditorium, First and Ash Streets. He encouraged all members of the Council and the community to attend. SPORTS ARENA It was moved by Councilman Hobel and seconded by Councilman Scott that the motion taken at the last meeting regarding the P-C development plan and Sports World be reconsidered. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Scott, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None Motion to approve in concept It was moved by Councilman Hobel and seconded by Mayor Hamilton that the Council accept the recommendation of Acting Director of Planning Williams to recommend approval in concept with the following conditions: 1. The completion of ~n environmental impact report and approval of that re- port by the City before the issuance of any permits for any type of construc- tion or grading. 2. Tho completion of a detailed General Development Plan and Schedule as re- quired by the P-C zone provisions of the Zoning Ordinance. Discussion Councilman Hyde spoke against the motion indicating that "approval in concept" means a "pre-approval." It would indicate that the City is endorsing the project, and he feels the Council would be very remiss to support it at this time in light of the information they now have. Councilman Hyde noted the following other points he was concerned with: (1) it calls for a substantial departure from the General Plan; (2) the critical traffic problem which will result in a traffic con- gestion that will become a part of life in the City; (3) calls for premature development; (4) great doubts of the financial viability of the Sports Arena as a complex in itself; (5) conflicts with a portion of the zoning ordinance which states that arenas should not be constructed in residential areas; (6) great damage to the environment due to the massive grading that will be required; (7) pollution; (8) it will result in a funda- mental and undesirable change in the City. Councilman Hobel Councilman Hobel declared that if Dr. Bloom and his associates do not meet the full and absolute criteria set down by the City re- garding traffic, zoning, and all other items, he would be the first Councilman to vote against it. Council discussion ensued as to the need for additional commercial zoning and the traffic that will be generated. - 12 - Councilman Scott Councilman Scott indicated his position is very open - he would like to have more infor- mation, but he would also want to state that he is in favor of the general concept. If all the problems can be worked out (traffic, en- vironmental impact, etc.) as spelled out by the staff, then he is willing to have this in the City. Councilman Egdahl Councilman Egdahl discussed his original mo- tion, and commented that he is not convinced that the City is protected in the months to come by the motion made this evening. His original motion "not to reject the proposal" provided this protection to the citizens of Chula Vista. City Attorney Lindberg City Attorney Lindberg stated that the motion as made at the previous meeting by Councilman Egdahl was a safe position; however, to approve it in concept cannot be regarded as any sort of entitlement. The action of the City Council in indicating a generally favorable attitude toward the proposal can be construed as a "go-ahead" on the proposal. The first step is an approval of the ordinance modifying the P-C zone. All the information required of the P-C zone must be obtained, as well as a com- pletely adequate environmental impact report. Mr. Lindberg then noted the procedure that must be followed: 1. When staff has obtained all this data, they must bring it to the Planning Commission for a public hearing; 2. The Planning Commission makes its recom- mendatioh to the'City Councili 3. City Council conducts a public hearing on the P-C zone; 4. Subsequent to the action of the adoption of the P-C zone, the environmental impact report would be available for public review; S. The ordinance itself would be subject to referendum during the thirty-day waiting period. Amended motion It was moved by Councilman Hyde and seconded by Councilman Egdahl that the motion be amended that no grading shall occur within the area until a hillside grading development ordinance, currently under study by the staff, has been adopted by the City Council. Council discussion Acting Director of Planning Williams remarked that the ordinance is approximately nine months away from adoption. Councilman Hyde noted that this same re- quirement was made of the developer of the Holderness Annexation. Frederick Drew Mr. Drew asked for a point of order and stated there were many people in the audience who wished to speak on this matter. - 13- Mayor Hamilton reminded Mr. Drew that a public hearing was held on December 19, 1972, and everyone was given an opportunity to speak. The public hearing was then closed. Hiring of additional Council discussion ensued as to the possibility personnel of hiring a temporary person in the Planning Department to work on the hillside ordinance. Mayor Hamilton noted that the grading plan would be considered in the environmental impact report. Mr. Williams commented that the same staff member that was in the process of developing the hillside grading ordinanoe standards is now evaluating this project. That continuity is there and can be woven into the analysis. Amended motion fails The amended motion offered by Councilman Hyde failed by the following vote, to-wit: Ayes: Councilman Hyde NOES: Councilmen Egdahl, Scott, Hobel, Hamilton Absent: None Dr. Leonard Bloom Dr. Bloom stated he understood the motion to approve his project "in concept." He felt this was important since there is an existing zoning on the property, and he is asking for an amendment to construct an arena and a recreation complex. The existing zoning has a shopping center, apartments and single- family residences. To proceed with this de- velopment, he needs to know if this is what the Council wants - in other words, to ap- prove it "in concept." If he meets all the requirements, the Council will approve the project. The previous motion was "not to reject" - but this did not mean that if he met all the requirements, the Council would still not vote against the project. Dr. Bloom went on record as stating there is no obligation on the part of the City, and if he does not meet the requirements, as stipu- lated in the laws of the City, then the project should not be passed. He added that he prefers to move in a positive manner rather than a negative manner. Motion to approve in concept The motion made by Councilman Hobel to approve the proposal "in concept" carried by the following vote, to-wit: AYES: Councilmen Hobel, Scott, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None WRITTEN COMMUNICATIONS Letters regarding Sports The City Clerk reported that the following Arena proposal letters, cards and petitions were received: Six (6) letters favoring the proposal; Four (4) letters against the proposal; and a petition of protest containing 47 signatures. BILLBOARDS AT "J" STREET In answer to Councilman Hyde's inquiry, Acting AND INTERSTATE 5 Director of Planning Williams stated there are no new billboards in this area. The ex- posure of the existing billboards is greater now that the on-ramp has been constructed. - 14 - REQUEST FOR BOARD OF Councilman Hyde questioned a newspaper article ETHICS INVESTIGATION in which it was reported that the Mayor has requested the Board of Ethics to investigate an alleged meeting of the Planning Conm~ission wI~ich might be considered not in keeping with the Brown Act. Councilman Hyde requested that in order to restore harmony between the Council and Commission, this request be recon- sidered. Mayor Hamilton explained that he has every faith in the Planning Commission and asked for the investigation in order to clarify the matter. He also requested that the Board investigate his remarks as reported in a local newspaper concerning the boards and commissions. City Attorney Lindberg explained that the Mayor's request to the Board was not a legal question, but a matter which would tend to restore the harmony that has existed between staff, Council and the boards and commissions. The Board has not been asked to "investigate" but rather to take a look at the entire con- troversy and how harmony can best be achieved. ORAL COMMUNICATIONS - Sports Arena Frederick A. R. Drew Mr. Drew referred to the poll, as reported in 1275 Banner Avenue the newspaper, indicating eight out of ten people supported the Arena. He stated he took a poll and ten out of ten people opposed the development. He asked that the Council take a proper poll prior to making any major commitment. Mayor Hamilton explained that the poll referred to was one he was credited with making and he stated it was the people that contacted him personally about their views on the Arena. Mrs. Irma Morris Mrs. Morris stated she did take a poll, calling 114 Third Avenue and talking to approximately 1,500 people. She presented the Council with a petition containing 540 signatures supporting Dr. Bloom's Sports Arena; 75 signatures of business merchants; and another petition requesting Council approval of the conceptual plan con- taining 270 signatures. Mrs. Morris declared she would be back at the next meeting with 5,000 signatures supporting the Arena. Cary Wright Mr. Wright stated he is a member of the concerned 242 East J Street citizens of Chula Vista to stop construction of the Arena. He asked that the Council consider the cost of a referendum and the po- tential time it would involve. Peter Watry Mr. Watry asked the Council to request Dr. 81 Second Avenue Bloom to submit good, realistic data to help determine the appropriateness of his Sports World proposal. The data submitted to the Planning Department was unrealistic, if not fictional. Secondly, Mr. Watry requested that the Council use their influence with the City Manager to lift the ~ecrecy on the Sports World information. Mr. Watry referred to the memos written by the City Manager and City Attorney relative to this matter. - 15 - City Manager Thomson asked that Mr. Watry meet with him personallD He explained his reasons for having all the data come through his office. Mrs. Betty Vaden 1672 Elmhurst Mrs. Vaden discussed the statements made at the last meeting by persons opposing the development. She personally checked out some of these statements and they proved to be false. Josephine Napier Mrs. Napier stated she lives in the proposed 666 Gilbert Place area and felt it was "a human right to have a place to go home and be in quiet." She objects to this "recreational" use -- it should be considered commercial. Mrs. Napier referred to the proposed shipyard that was to be built on the Bayfront which would have created many jobs, but was turned down in order to preserve the recreational element of the Bayfront. By approving this proposal, the Council is also approving 4,000 multi- family units. Paul Martin Mr. Martin questioned the Planning Conm~ission's 377 Jason Place action in this matter. City Attorney Lindberg explained that he analyzed the Commission'5 action with the Acting Director of Planning and it was their opinion that the jurisdiction of the Planning Commission still pertained and the proposal would proceed through normal channels. Clemens Napier Mr. Napier discussed the meaning of the word 666 Gilbert Place "approval" versus "disapproval" of the con- cept. He discussed the location of the Forum in Inglewood, adding that Chula Vista is a resource - not only for San Diego County, but for the whole world. Mr. Napier added that even if the Council put the highest and most stringent restrictions on the land here in Chula Vista, it will become over- populated in sixteen years. Mr. Stein Mr. Stein spoke in favor of the proposal stating 782 Brightwood this is a private development -- it will not cost him a cent -- and he is happy about it. Clyde Jenkins Mr. Jenkins stated he was concerned about some 3311 Helix Street of the arguments which were being made in Spring Valley opposition of the Arena. He read from a peti- tion given to him in Chula Vista, noting the statements made regarding traffic, pollution, and taxes. Mr. Jenkins questioned the honesty of the statements, declaring some of them to be "out- alid out-right lies." The petition was circulated by the "Committee to Protect the Environment, P.O. Box 3201, Chula Vista." Carol Smith Mrs. Smith commended the City Council for 87 F Street taking the time to discuss each and every issue. She hoped the Council would continue this practice. EXECUTIVE SESSION The Council recessed to Executive Session at 10:45 p.m. and the meeting reconvened at 11;55 p.m. - 16- APOLLO 3 Mayor Hamilton announced that the public hearing scheduled for Thursday, January 4, 1973, to discuss Apollo 3 was cancelled. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:57 p.m. to the meeting scheduled for Tuesday, January 9, 1973, at which time the Council will meet at 6:00 p.m. and recess to Executive Session for litigation purposes. 1/2/73 - 17 -