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HomeMy WebLinkAboutcc min 1972/12/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 19, 1972 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 Fgurth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: Assistant City Manager Bourcier, City Attorney Lindberg, Acting Director of Planning Williams, Director of Public Works Cole, Director of Parks and Recreation Hall 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 Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of December 12, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton announced that there would COMMISSIONER be no guest con~issioner for this meeting. PUBLIO HEARING (CONTINUED) - Acting Director of Planning Williams re- CONSIDERATION OF APPEAL OF ported that the applicant is seeking re- FAIRWAY-DOWNS, INC. OF zoning to R-l-10 which would allow 93 units PLANNING COMMISSION DENIAL on the proposed Planned Unit Development. FOR CHANGE OF ZONE FROM At the Council meeting of October 31, 1972, R-E-20-F TO R-I-10-F FOR the hearing was continued to this meeting PROPERTY LOCATED AT 4370 to give the City the opportunity to de- SWEETWATER ROAD velop procedures for processing Environ- mental Impact Reports. This procedure was adopted on December 5, 1972; therefore, it is requested that the public hearing be continued to the meeting of February 13, 1973 in order to give all parties involved sufficient time to complete the Environ- mental Review process. Public hearing continued It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the public hearing be continued to the meeting of February 13, 1973. PUBLIC HEARING (CONTINUED) - City Manager Thomson submitted a report CONSIDERATION OF GRANTING in which he discussed certain aspects of A FRANCHISE TO VIDEO the unaudited financial statement. He CABLE T.V. stated it would be his recommendation that the Council take no action and file the application until such time as an audited financial report, a detailed statement of Video Cable, Inc.'s pending litigation and a program plan on its proposed opera- tions are provided, City Attorney Lindberg stated it would be his recommendation not to close the hearing but to continue the matter for a period of sixty days for further staff analysis of the material submitted to the City Manager. Motion for continuance It ~as moved by Councilman Hyde and seconded by Councilman Hobel tkat the public hearing be continued for sixty days. Discussion In answer to Councilman Hyde's query, City Attorney Lindberg stated the applicant can make a new application, if the Council does not continue the matter. Motion withdrawn Councilman Hyde withdrew his motion; Councilman Hobel withdrew his second tb the motion. Motion to file application It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously car- ried that the public hearing be closed and the application be filed. Clifton Reed, Attorney Mr. Reed stated his clients have no ob- Video Cable TV, Inc. jection to continuing the hearing. A financial statement was provided the City Manager; however, because of the short period of time Video has been in operation, no audited financial statement was made. He received a copy of the City Manager's memo to the Council listing the additional information needed by staff and they would be happy to provide this material. Mr. Reed asked for a thirty-day continuance, if possible. Alfred J. Ferris Mr. Ferris stated he is the attorney re- Ferris Weatherford & Brennan presenting Mission Cable TV, and is present 1200 Third Avenue - Suite 1500 tonight to answer any questions. San Diego Motion carried The motion to close the hearing and file the application passed unanimously. PUBLIC HEARING - City Attorney Lindberg reported to the Council PRELIMINARY CONSIDERATION OF that it cannot, in the light of the existing AMENDMENT TO THE GENERAL evidence, reach a legally sustainable position DEVELOPMENT PLAN FOR THE EL either for or against the proposals of Dr. RANCHO DEL REY PROJECT FOR THE Bloom on anything more than a conceptual or PURPOSE OF LOCATING A SPORTS preliminary basis which might offer encourage- ARENA AND SHOPPING CENTER ment for immediate and concentrated pursuit of the development of the data which can prove or disprove the validity of the proposal. Report of Planning Director Acting Director of Planning Williams referred to his detailed report sent to the Planning Commission for the meeting of December 11, 1972, in which he recommended preliminary approval of the plan as submitted with the following conditions: 1. The completion of an environmental impact report and approval of that report by tbe City before the issuance of any permits for any type of construction or grading. 2. The completion of a detailed General Deve- lopment Plan and Schedule as required by the P-C zone provisions of the Zoning Ordinance. Planning Commission decision Said preliminary or conceptual approval was rejected by the Planning Commission at its meeting of December 11, 1972. -2- Commercial acreage In answer to the Council's inquiries, Mr. Williams noted the following acreages: The proposed regional skopping center - 77 acres net and 109 gross; Recreational commercial - 48 net and 83 gross Arena - 76 acres net and 88 gross Total requested: 201 acres net and 281 gross The original request for the shopping center acreage for the Gersten development was 87 net and 93 gross. The San Diego Sports Arena comprises 5 acres for the arena and 33 acres for parking. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the hearing opened. Planning Commission action For the record, Mr. Williams stated that at the meeting of December 11, 1972, the Planning Commission, by a vote of 5 to 2, voted against accepting his recommendation for a preliminary approval. The Commission indicated they could make no findings to approve the P-C zone. A second Planning Commission motion was made to recommend denial of the application - or "denial of the amendment to the P-C develop- ment plan as submitted by Dr. Bloom." The motion was amended to add: 1. The sports arena would not be a desirable addition to the City of Chula Vista; 2. The commercial development proposed is premature without the incorporation of a completed highway network. 3. It appears that the general concept and the preliminary ideas of the housing develop- ment and open space are consistent with the ideas of the Planning Commission. Findings of fact Mr. Williams then read the report of the Commission listing eight pointSof why they could not establish findings of fact to recommend the amendment. Mr. Niek Slijk, Executive Vice- Mr. Slijk announced that the Board of President, Chamber of Commerce Directors of the Chamber endorses the sports arena in concept. They feel that having the arena in the City limits would allow the Council to secure the proper safeguards for the development and make it compatible with the adjacent residential area. Downtown Association A recommendation was also submitted by the Board of Directors of the Downtown Association approving the arena in concept. They feel the long-range economic benefits to Chula Vista will be great. Favoring the proposal Speaking in support of the proposed arena wore: Irma Morris, 114 Third Avenue; Ed Vadim, 1642 Elmhurst Street; Kay Erwin, 267 Church Street; Maurice Blanken, realtor, Guy Estes, long-time resident of Chula Vista; John Kingston, 535 H Street. They listed the following reasons for their support: (1) feel it would be in the best interest of the City; (2) a telephone survey -3- made to ~everal hundred citizens in the city revealed that three-fourths of them are in favor of th~ arena; (3) if necessary, a petition can he circulated supporting the proposal; (4) in favor of any development that will create jobs and bring in employment; (5) Dr. Bloom is very much interested in up- grading the quality of the City; (6) the City should help Dr. Bloom work out the problems confronting the development; (7) talked to over 100 people and only 6 were opposed to the plan; (8) the traffic problem is the major argument, and the people should remember that they have no vested right to travel any of the streets and highways without some impediment; (9) the Council has the responsi- bility to the community at large and should look at the advantages of the development to the City. Dr. Leonard Bloom Dr. Bloom stated he currently resides "at the Peterson Gym in San Diego" and he hopes the Council will permit him to have a permanent address in Chula Vista. He is seeking pre- liminary approval of his plan which he believes is a good one. The property was prezoned P-C and did contain a shopping center, apartments, residential and commercial. His proposal is an amendment to the Plan to which he is adding an arena and recreation uses. Dr. Bloom discussed certain aspects of h~s Plan commenting that he feels the development will benefit everyone in the City of Chula Vista. Dr. Bloom added that the development would generate three million dollars in revenues - one and one-half million would go for expenses, thereby leaving the balance as a benefit to the City. Ownership of property In answer to Councilman Hyde's inquiry, Dr. Bloom stated that the attorney is holding the deed in fee title for 1400 acres in Dr. Bloom's name, and the balance, or 700 acres is basically an option to be recorded at a later date, for interest and tax purposes. The property is a sale, and documents have been signed. Amount of commercial zoning A discussion ensued as to why Dr. Bloom needs triple the amount of commercial acreage, as that requested by the Gersten development. Dr. Bloom detailed the acreages requested noting the special zone for recreational- commercial to which the sports arena would apply. In answer to Councilman Hyde's question, Dr. Bloom stated that he does need this amount of commercial zoning in order to make the project a financially viable one. Mayor Hamilton noted, for the record, that the arena need not go into a commercial area - it could go under another zone. Councilman Scott remarked that it should also be noted that the development includes the extreme low density and open space. City Attorney's opinion City Attorney Lindberg explained that the applicant is requesting a modification to -4- the p-C zone - this is an overall plan with precise designations of land use. The precise acreages of commercial land use will be worked out through the general development plan and schedule. Questions posed by the Councilman Scott asked the following ques- Planning Commission tions of Dr. Bloom asked by the Planning Commission to which they received no answers: 1. Analysis of the financial viability of the arena recreation-commercial complex. Df. Bloom: This information was given to the Director of Planning. It showed that they needed 200 events, and 289 written commitments were received. 2. Analysis of the fiscal impact of the total Sports World development on the City's tax rate. Dr. Bloom: There will be approximately three million dollars in revenue; one and one-half million dollars in expenses with a net income to the city of one and one-half million dollars. 3. Environmental Impact Report. Dr. Bloom: This report was prepared but without all the guidelines. The Commission had the report which was submitted prior to the adoption of guidelines by the City. His environmental man will be in the City tomorrow to work on this. 4. A solution to the traffic problems on H Street in the vicinity of the recreation- al commercial complex and the shopping center, Dr. Bloom: Their projection for street design was based upon the total development to the year 2000. He has been assured the answers have been met; however, there are many things in traffic that cannot be determined. Council discussion In answer to Councilman Egdahl's query~ Dr. Bloom discussed how his consultants arrived at the three million dollar revenue figure. Correspondence noted City Clerk Jennie Fulasz noted the following letters and petitions received: In support: Letter from Downtown Associa- tion Petition with 22 signatures Opposition: Letter from 0pdycke family, 129 Shasta Street; Letter from Robert Povondra, 22 Palomar Drive; Letter from Peter Watry, Jr. 81 Second Avenue Petition containing 18 signa- tures from residents of Halecrest area. Show of hands Mayor Hamilton asked for a show of hands of those in favor of the proposal. It was noted that approximately 80 people raised their hands (from those that could be seen from the Chamber). Recess A recess was called at 8:40 p.m. and the meeting reconvened at 8:56 p.m. Speaking in protest Speaking in protest to the proposed develop- ment were: Peter Watry, Jr., 81 Second Avenue. Mr. Watry presented graphs and outlines and read from a detailed statement (on file in the City Clerk's office). He presented an analysis of the complex covering the Arena, the Regional Shopping Center, the Taxes, and Tax Base, and summarized by requesting that the Council not approve "this type of industrialization" in the City. Others speaking against were: Allen Miller, 1054 Halecrest Drive; Kathryn Moore, 1134 Tobias Drive, speaking on behalf of the South Bay Citizens Planning Committee; Carey Wright, 242 East J Street; ~lichael McQuillan, 4425 Vista Nacion; Raquel McDonald, 614 Sheffield Court; Eugene Coleman, Gotham Street; Donald Sims, 1644 Ithaca; Charles Dukes, 3880 Rio Vista Place. Reasons for the protests were as follows: (1) do not believe the arena should be located in that particular area; (2) it will not be a viable financial undertaking; (3) the traffic; (4) the pollution problem; (5) in all instances where developments were allowed to proceed, it has always been based on a logical and pragmatic process; (6) the impact the proposed development will have on the schools in the area; (7) the safety of the school children; (8) the traffic at the late hours will interfere with PTA meetings and school events; (9) people in the City are willing to pay the higher taxes rather than have a development come in that will produce smog and pollution; (10) consider the environment and the fact that heavy equipment will need to use the roads leading to the arena; (11) the character of the city will be lost if the proposal is approved; (12) how does the city plan to spend the one and one-half million dollars; (13) will Dr. Bloom be allowed to build on the earthquake fault; (14) Disney- land cost 150 million and it took five years of planning before he even presented it to the City Council; (15) this plan will cost 200 million and Dr. gloom wants approval after only eight weeks; (16) the proposed arena will be surrounded by residences rather than commercial and industry as in other cities; (17) the tax bases of the adjacent cities were noted; (18) this is -6- an attempt to make a "fast buck" at the expense of the community; (19) it will not be safe to drive on our own streets and the homes will not be fit to live in; (20) there will be 160 miles of cars leaving the arena; (21) the City would need to have a police officer at every intersection manually operating the traffic. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Recess A recess was called at 10:20 p.m. and the meeting reconvened at 10:35 p.m. Show of hands Mayor Hamilton asked for a show of hands of those people in opposition to the develop- ment. It was noted that approximately 45 people raised their hands, from what could be observed from inside the Chamber. Director of Public Works' In answer to Councilman Hyde's questions comments concerning the intersection of 805 and H Street, Mr. Cole stated there was concern over this intersection at the time Gersten submitted his development and the State Division of Highways was attempting to work out a design that would handle the traffic; there would be a traffic problem here whether or not a regional shopping center was approved; a traffic assignment run was made by the County which was projected on the ultimate development; the computations made for the traffic flow did not include those that will be generated by the arena. Mr. Cole further stated that the "solutions" arrived at by the staff and Dr. Bloom's engineer were "marginally satisfactory." When the complex is developed, there will be congestion at the peak hours. With the exception of Broadway and E, there is no street in Chula Vista that can adequately handle this. Eight lanes are being pro- posed through the arena area; however, this could drop down to six. Mr. Cole further added that completion of 805 Freeway is planned for mid-1975. Motion not to reject proposal It was moved by Councilman Egdahl and seconded by Councilman Hobel that the Council not reject the proposal of Dr. Bloom, and that the staff be directed to continue to work with him and his consultants in the normal channels; and further, that this be subject to the conditions that the Acting Director of Planning made in his recommendations to the Planning Commission on December 11, which read as follows: 1. The completion of an environmental impact report and approval of that report by the City before the issuance of any permits for any type of construction or grading; 2. The completion of a detailed General Development Plan and Schedule as required by the P-C zone provisions of the Zoning Ordinance. --7-- Motion clarified Councilman Egdahl clarified his motion by stating the options available: (1) the Council is not interested in the develop- ment; (2) the Council likes the idea and will give Dr. Bloom what he wants; (3) there are a number of unresolved issues - major problems to be solved and the Council is not in a position at this time to approve either one of the two preceding options. Second withdrawn Councilman Hobel stated he misunderstood the motion and therefore withdraws his second. Motion seconded Councilman Hyde stated he would second the motion. Discussion of motion Discussion ensued as to the motion. Council- man Egdahl commented that he felt the Council would be be better advised not to give conceptual approval at this time because of the many problems and issues still pending. City Attorney Lindberg declared that the two conditions recommended by the Acting Director of Planning must be met legally, regardless of the wording of the motion. Legal interpretation of Mr. Lindberg stated that he is not sure, at Planning Commission's aetion this point, of the actual action of the Planning Commission. In light of the re- iteration of their action at the meeting of December 18, it is not certain as to whether or not they may have completely denied the applicant's request for a modifi- cation of the P-C zone. Motion carried Councilman Egdahl's motion carried unanimously. (See bottom of page for change in vote) Recess A recess was called at 11:25 p.m. and the meeting reconvened at 11:37 p.m. Reconsideration of motion Mayor Hamilton stated he was dissatisfied with the motion, as there was no firm commitment made by the Council. He would like to have the people know where he stands on this question and would like to make a motion to take the Planning Director's recommendation and support the arena in concept predicated on all the safeguards brought forth in the last motion, and that the previous motion be rejected. It was moved by Mayor Hamilton and seconded by Councilman Hobel that the previous motion be reconsidered. Councilman Scott indicated that everyone concerned with the issue has gone home, and he doesn't feel it would be a proper procedure, at this time, to reconsider the motion. Motion fails The motion failed by the ~ol'~awi~g ~te, to-wit: Ayes: Councilmen Hamilton, Hobel NOES: Councilmen Hyde, Egdahl, Scott Absent: None Change of vote Mayor Hamilton asked that the affirmative vote he cast in the original motion (made by Councilman Egdahl) be changed to a "no" vote, -8- since he does not feel it expresses his attitude toward the public hearing held this evening. His original vote does not clarify how he feels about the project. Councilman Hobel remarked that he would not change his vote, but for the record, he feels the motion, in the weeks and months to come, will prove to be nothing. PUBLIC HEARING - Associate Planner Lee submitted the amend- CONSIDERATION OF AMENDMENTS TO ments which regulate the following: ZONING ORDINANCE SECTIONS 33.901B AND 33.905E, ADDING THERETO 1. Permanent outside sales and display; SPECIAL PROVISIONS APPLYING TO 2. Temporary outside sales and display; PERMANENT AND TEMPORARY OUTSIDE 3. Service station display; SALES AND DISPLAY 4. Special events; S. Temporary promotional signs. The Planning Commission recommended approval of the proposed amendments at its meeting of November 27, 1972. Mr. Lee showed slides of the various areas in town displaying outside merchandise. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1436 It was moved by Councilman Hyde that this AMENDING SECTIONS 33.507 H, ordinance be placed on its first reading PARAGRAPH 1; 33.509 G, PARAGRAPH 1; and that reading of the text be waived by 33.510 G, PARAGRAPH 5; 33.511 G, unanimous consent. PARAGRAPH 5; 33.901 B; 33.950 F, PARAGRAPH 2 OF THE ZONING ORDINANCE The motion carried by the following vote, OF THE CITY OF CHULA VISTA RELATING to-wit: TO OUTSIDE DISPLAYS AND SPECIAL AYES: Councilmen Hyde, Egdahl, Scott, EVENTS - FIRST READING Hobel, Hamilton Noes: None Absent: None EMERGENCY ORDINANCE NO. 1437 This is an emergency legislation to insure AMENDING SECTION 34.201 OF the undergrounding of public utilities ARTICLE 2 OF CHAPTER 34 within industrial as well as residential OF THE CHULA VISTA CITY CODE zones for all new structures not subject RELATING TO THE UNDERGROUNDING to such undergrounding requirements as set OF PUBLIC UTILITIES FOR ALL NEW forth in the controls established for new STRUCTURES IN THE CITY OF CHULA subdivisions. VISTA - FIRST READING AND ADOPTION Ordinance placed on first It was moved by Councilman Scott that this reading and adoption ordinance be placed on its first reading and adoption. The reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Abgent: None -9- RESOLUTION NO. 6690 Director of Public Works Cole reported that ACCEPTING INSTALLATION OF SEWER a final inspection of the contract work for AND SEWER LIFT STATION IN THE the construction of sewer and sewer lift 900 BLOCK OF HILLTOP DRIVE station in the 900 block of Hilltop Drive was made on December 8, 1972. All of the public improvements in the project by the contractor, Walter H. Barber, have been completed in accordance with the require- ments of the City. 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. 6691 On October 16, 1972, the Planning Commission AUTHORIZING THE DEFERRAL OF THE granted a deferral of public improvements INSTALLATION OF CERTAIN PUBLIC relative to the alley adjacent to 556 G IMPROVEMENTS ON THE PROPERTY Street based upon the fact that no improve- OWNED BY LOYAL D. AND FRANCES ments existed on the alley between Smith COCHRANE AT 5S6 "G" STREET Avenue and Broadway and the impracticality of constructing only half of the width of the 1S-foot alley. The property owners have chosen to execute a lien agreement to serve as a performance guarantee. 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. 6692 Formal bids were received on December 12, ACCEPTING BIDS AND ~WARDING 1972~ as follows: CONTRACT FOR GRADING OF HILLTOP-TELEGRAPH CANYON McGahey Construction, Orange $13,500 PARK AND HALECREST PARK Robert E. Fulton, La Habra $14 990 R.E. Hazard, San Diego $23 854 Napier Construction, E1Cajon $25 812 Cody Goddard, San Diego $26 343 C.W. McGrath, E1Cajon $29 000 John Murphy, Spring Valley $29 236 R.H. Werden, E1Cajon $29 700 It is recommended that the award of the contract be given to McGahey Construction, the low bidder. 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. 6693 A quitclaim deed, executed by Henry and ACCEPTING AND DEDICATING CERTAIN Tessie L. Rienstra, presents a gift of REAL PROPERTY IN SAID CITY FOR approximately 7 acres of land to the City PARK PURPOSES to be used for park purposes. The acreage is located north of Orange Avenue, south of Loma Verde Park and east of Loma Lane. -10- 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 Councilman Egdahl noted with appreciation this thoughtful gift to the City. RESOLUTION NO. 6694 On December 14, 1972, the following four ACCEPTING BIDS AND AWARDING bids were received: CONTRACT FOR THE LEASE-PURCHASE AGREEMENT OF A MODEL B-2510 Security Pacific National Bank 3.90% BURROUGHS COMPUTER AND CONSENTING Bank of ~nerica NT & SA 3.9874% TO ASSIGNMENT OF SAID AGREEMENT Wells Fargo Bank 4.10% TO THE BANK OF AMERICA United California Bank 4.628% The Director of Finance reported that the bid on the seven-year lease agreement sub- mitted by Security Pacific National Bank deviated from the specifications and was ruled ineligible by the City Attorney. It is, therefore, recommended that the contract be awarded to the Bank of America. 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 PROVIDING FOR THE Acting City Manager Bourcier explained that SPECIAL APPROPRIATION OF FUNDS the Parking Place Commission is requesting FOR PAYMENT OF APPRAISALS OF the sum of $10,000 (to be taken from the ADDITIONAL PARKING LOT SITES unappropriated surplus of the Parking Meter IN THE CHULA VISTA PARKING Fund) for appraisal costs of three pro- DISTRICT posed sites in the Third Avenue District area. The properties would be used for additional parking lots. It was the recommendation of the staff that the acqui- sition of the parking lots not be undertaken. Motion to continue It was moved by Councilman Hyde that this matter be deferred to the next regular City Council meeting so that the Council can take more time in handling the question. No second to motion The motion died for lack of second. Second to motion Councilman Scott agreed that the amount of money requested was a substantial sum, and therefore, seconded the motion. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen ltyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None -11- RESOLUTION NO. 6695 In a report to the Council, City Manager PROVIDING FOR THE SPECIAL Thomson stated he met with the two Youth APPROPRIATION OF FUNDS FOR Commission representatives (Chris Klinkenberg HIRING A PEP POSITION ASSIGNED and Mark Fiocco) and the City Clerk to AS ASSISTANT TO THE BOARDS AND discuss the Youth Commission's needs for CO~4~ISSIONS SECRETARY its scheduled Youth Conference in February. Basically, they need a full-time position to work on their project for about 2-1/2 months plus funds to cover supplies. Mr. Thomson explained that two options are available: 1.Hire a temporary regular position at a cost of $1,855 (including supplies); 2. Hire a PEP position and appropriate the amount of $265 to cover the cost of supplies. It was the recommendation of the City Manager to accept alternate 2. Recommendation of Youth Commission City Clerk Fulasz stated that the Youth Commission met this evening and requested that the Council approve Alternate "A." Acting City Manager Bourcier remarked that he met with the PEP Coordinator today, and there ~e additional funds in the Program whereby some of the people who were to be terminated on December 31 will be allowed to remain an additional three months. Mr. Bourcier added that approving Alternate "B" would not be a problem. Resolution offered Offered by Councilman Hyde, the reading of the te~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 UNANIMOUS CONSENT ITEM RESOLUTION NO. 6696 City Attorney Lindberg explained that the ESTABLISHING AN INTERIM POLICY resolution would permit the staff to FOR THE ADMINISTRATION OF proceed with the administrative ordinance ORDINANCE NO. 1430 ADOPTING which adopted procedures for filing INTERIM PROCEDURES FOR FILING Environmental Impact Reports. It covers AND PROCESSING OF ENVIRONMENTAL the following: (1) Public projects - IMPACT REPORTS review required; (2) Private projects - no review required; (3) Private projects - final discretionary actions - no review required - administrative determination of significance and (4) private projects - review required. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, ttamilton, Hyde Noes: None Absent: None Waiver of fees Councilman Scott felt that those items caught in the middle, and are obviously trivial, should not have to pay the fee of $50 to prove that there is no environmental impact. -12- Motion for staff study It was moved by Councilman Hyde and seconded by Councilman Scott that the staff be re- quested to reexamine the fee provision of the current ordinance regarding Environmental Impact Statements and make recommendations to the City Council as to whether any modification in fees should be considered based upon the merits of the particular circumstances of those applications caught midstream. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel Noes: Mayor Hamilton Absent: None RECOMMENDATIONS REGARDING In a letter to the Council, the Environmental BOTTLE ORDINANCE SIGNS - Control Comn~ssion noted three basic problems ENVIRONMENTAL CONTROL with the bottle ordinance sign: COMMISSION 1. Message does not contain reference to economic value. 2. Credit space for the sign occupies one-third of the sign space. 3. Color of sign is objectionable. The ordinance stipulates that the signs must be approved by the Environmental Control Commission, and it was the request of the Environmental Control Commission that addi- tional signs meet this criteria. City Attorney Lindberg stated it was agreed that the signs would be changed occasionally and would go to the ECC for approval. This first sign was sent from the San Diego Grocers Association and it is a first step to initiate the program. Motion for ECC approval It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the recommendation as pointed out by the ECC to the City Council be accepted taking special note that the ECC approve all signs prior to their going into the different businesses. RECOMMENDATION REGARDING The Library Board of Trustees recommended EXPENDITURE OF FEDERAL REVENUE that the Council set aside the bulk of SHARING FUNDS - LIBRARY BOARD monies received d~ring the next two or OF TRUSTEES three years from the Revenue Sharing Fund for the construction of a new Library facility. Request deferred to It was moved by Councilman Scott, seconded Council Conference by Councilman Hyde and unanimously carried that the request be deferred to the Council Conference scheduled for January 10, 1973, at 3:30 p.m. RESOLUTION - Acting Director of Planning Williams re- APPROVING THE TENTATIVE MAP OF quested continuance of this item to the LARKHAVEN SUBDIVISION, UNITS 3 meetlng of January 9, 1973, ±n order to AND 4 allow time for processing an Environmental Assessment of the project. -13- Continuance granted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the matter be continued to the meeting of January 9, 1973. ORDINANCE NO. 1432 The ordinance states that the "flipper type" AMENDING SECTION 22.1 OF pinball machine was a game of skill and CHAPTER 22 OF THE CHULA VISTA not a game of chance, and therefore, not CITY CODE RELATING TO THE subject to prohibition by State Law or LICENSING OF CERTAIN TYPES local ordinances, as ruled by Judge George A. OF PINBALL MACHINES - Lazar of the San Diego Superior Court. 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. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1433 This revised ordinance stipulates that a A~NDING SECTIONS 18.66 AND license fee of twenty dollars ($20.00) a 18.71 OF CHAPTER 18 OF THE CHULA year shall be paid for the operation of a VISTA CITY CODE, ALL RELATING TO pool hall or billiard hall. In addition THE LICENSING OF POOL AND BILLIARD thereto, a sum of twelve dollars ($12.00) HALLS AND THE TABLES AND DEVICES a year shall be paid for each and every USED THERE~tN- SECOND READING pool table or billiard table and fifteen AND ADOPTION dollars ($15.00) a quarter for each pinball machine maintained therein. 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. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1434 This ordinance establishes a license fee ADDING TO CHAPTER 18 OF THE of $250.00 a year plus 5% of gross receipts, CHULA VISTA CITY CODE A NEW payable semi-annually for the operation of SECTION 18.73 RELATING TO THE pay television. LICENSING OF ALL PERSONS ENGAGED IN THE BUSINESS OF SELLING SUBSCRIPTIONS FOR PAY TELEVISION - 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. The motion carried by the £ollowing vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None -14- ORDINANCE NO. 1435 The ordinance reduces the xerox cost of City AMENDING SECTIONS 2.402 AND 2.404 documents from $1.00 a page to 50¢ for the OF CHAPTER 2 OF THE CHULA VISTA first page and 10¢ for each additional page CITY CODE RELATING TO FEES CHARGED or copy (8-1/2" x 11"). The cost for an FOR REPRODUCTION OF CITY DOCUMENTS - 8-1/2" x 13" document will be 75¢ for the SECOND READING AND ADOPTION first copy and 15¢ for each additional page or copy. Ordinance placed on second reading and adoption It was moved by Councilman Egdahl that this ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to wit AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Nyde Noes: None Absent None REPORT ON ANIMAL SHELTER - City Manager Thomson submitted a report to COUNTY AND CITY COOPERATION the Council that he met with Mr. Jim Tennant of the County Veterinarian's Office at which Mr. Tennant discussed the County's negotiations to purchase land on which to build a new South Bay animal shelter. The facility is planned for completion within 12 months and will provide seven-day, 24-hour service. Mr. Tennant indicated that Chula Vista could, if desired, lease shelter space from the County but continue to provide animal regulation service with City employees. Discussion Councilman Scott asked about the $7500 quitclaim deed the Council agreed to accept from the school district for an animal shelter site. Mr. Bourcier, Acting City Manager, recom- mended this be held up for two weeks, and in the meantime, the staff will meet with the County and discuss whether there should be any negotiations on this matter. City Manager's report accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Manager's report be accepted and he be authorized to continue study on this matter and report back to Council~ Further, that expenditure of $7500 approved at the Council meeting of December 5, 1972, to purchase the school district's interest in the property on Otay Valley Road for a new animal shelter facility be held up for two weeks, pending the City Manager's report. Pd~PORT ON PENDING PROJECTS Mr. Douglas Reid, Environmental Review REQUIRING ENVIRONMENTAL IMPACT Coordinator, submitted a list of ail projects REPORTS that have been delayed due to the Environ- mental Review process. Mr. Reid noted the projects which require an Environmental Assessment and those projects which require a full Environmental Impact Report; those requiring building permits or ministerial grading permits tentatively determined to be -IS- December 19, 1972 trivial; and those Environmental Assess- ments that have been filed as trivial. Acceptance of report It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON REQUEST OF MARJORIE MILES Director of Public Works Cole reported FOR EXTENSION OF TIME TO INSTALL that three contractors, contacted by the STREET IMPROVEMENTS - DIRECTOR OF Division of Engineering, have provided a PUBLIC WORKS written quotation to Mrs. Miles. However, it is apparent that the December 31, 1972, deadline to construct the improvements will not be met. It was, therefore, re- quested that a 60-day extension of time be granted for the completion o£ the time to install the public improvements along the north side of Center Street. Extension granted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that a 60-day extension of time (to March 1, 1973) be granted for completion of the public improvements. REPORT ON CONTINUOUS LEFT TURN Director of Public Works Cole reported on LANE ON THIRD AVENUE FROM "J" the traffic conditions in the area of the STREET TO "K" STREET - DIRECTOR new Post Office building. The generated OF PUBLIC WORKS traffic has increased 20% with the opening of the Post Office facility, and the amount of accidents have also increased. It would be the recommendation o£ the Public Works Department that a two-way left turn lane be installed on Third Avenue from J to K Street and that "No Parking" regulations be adopted to provide for this installation. The Safety Commission approved the two-way left turn at the meetings of March 22, April 26 and December 7, 1972. Motion to approve two-way It was moved by Councilman Hyde, seconded left turn on Third Avenue by Councilman Scott and unanimously carried that approval be given to install a two- way left turn on Third Avenue from J to K Street and that "No Parking" regulations be adopted to provide for this installation. REPORT ON VEHICULAR ACCESS ONTO Acting Director o£ Planning Williams KEARNEY STREET FROM THE POST reported on the traffic circulation pattern OFFICE SITE of the Post Office noting that during the original review of the site plan, it was determined that the amount of parking provided would be adequate during normal operations, but that even under the most optimum conditions, there would not be any way to provide sufficient parking to cope with the Christmas rush. -16- December 19, 1972 Staff's recommendation The staff recommends that Kearney Street remain closed to Post Office traffic and further, that approval be given to the relocation of the curbside mail drop boxes to the area on the interior of the parking lot as originally proposed to permit the circulation in the parking lot to function as designed. Recon~endation of Safety It was noted that on December 7, 1972, the Commission Safety Commission requested that ingress and egress from the Post Office be provided onto Kearney Street. Petition noted The City Clerk noted a petition containing 100 signatures, protesting the opening of Kearney Street from the rear of the new Post Office on Third Avenue. The petition states that it would create a traffic hazard, jeopardize the safety of small children, and destroy the residential character of the neighborhood. Motion to accept report of It was moved by Councilman Scott, seconded Planning Department by Councilman Hyde and unanimously carried that the report of the Acting Director of Planning be accepted, with the direction that a copy of the report be provided to the Safety Commission and the Chamber of Commerce. REPORT ON CHULA VISTA ALLIANCE Acting Director of Planning Williams reported CHURCH CONSTRUCTION PROJECT - that on September 13, 1972, the Chula Vista ACTING DIRECTOR OF PLANNING Alliance Church submitted an application to construct a church and Sunday School building at 623 Telegraph Canyon Road. The plans were not approved by the Planning Department pending a study to be made of the alignment of Telegraph Canyon Road, traffic circulation pattern and the coordination of grading with surrounding properties. This study will be completed by March 1973. It was the recommendation of the staff that the request for a temporary building be disapproved since the time period between the possible completion of the building and the anticipated completion of the studies that would permit a pormanent structure is so short. Request not approved It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request to erect a temporary building at 623 Telegraph Canyon Road not be approved, as recommended by staff. -17- COASTAL REPRESENTATIVE Councilman Hobel reported that Councilman Frazee from Carlsbad was appointed as the Comprehensive Planning Organization coastal representative, and it now becomes quite important to back Mayor Hamilton's appoint- ment to this committee. COUNCIL CONFERENCE - Councilman Hyde commented that he received American Housing Guild a call from the representative of American Housing Guild asking for a Council Conference to discuss proper modifications of their planned unit development. Mr. Williams, Acting Director of Planning, noted that this is scheduled to be before the Planning Commission on January 15, 1973. Councilman Hyde requested that the Director of Planning contact Mr. Linton of the American Housing Guild to clarify whether he wants to have a Council Conference prior to the January 15 Planning Commission meeting. PARK-SCHOOL COMMITTEE MEETING Councilman ttyde referred to the minutes of the meeting of November 8, 1972, in which Dr. Burton Tiffany remarked that the County would be willing to participate in the acquisition and development of Albany Park. Councilman Hyde felt this should be pursued. Councilman Scott explained that the County was approached on this subject once before, and at that time they were not interested. He would, however, bring this subject up tomorrow (December 20) at the meeting of the Park-School Committee and will report back to the Council. POST OFFICE BUILDING It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the City Manager's report relating to alternate uses of the old Post Office building be scheduled for the Council Conference to be held on January 10, 1973. CENTER DIVIDER ON "J" STREET It was moved by Councilman Egdahl, seconded by Councilman Hyde, that a portion of the center divider on J Street be removed, speci- fically that narrow portion closest to Broadway be terminated at the point where, moving west from Broadway, it begins to broaden. Rationale for motion Councilman Egdahl explained that the primary purpose for the center divider was to prevent commercial development along J Street; how- ever, it works a hardship on existing businesses. Councilman Egdahl compared this area with that of Nation and Telegraph Canyon Road, and added that no such divider on J Street east of Broadway is contemplated or exists, thereby giving competitive business an unfair advantage. Abstain from discussion Councilman Scott indicated that, by the last remark made by Councilman Egdahl, he will abstain from further discussion of this subject. -18- Motion carried The motion made by Councilman Egdahl to remove a portion of the center divider on J Street carried by the following vote: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None Abstain: Councilman Scott Comments for Director of Mr. Cole commented that he did not have the Public Works actual cost figure for removing the portion of the center island, but he presumed it would be approximately $2.50 to $3.00 a foot. He noted the traffic pattern in the area and the improbability of anyone making a left turn onto Broadway. The letter from Jesse H. Jenkins, Jenkins Texaco Station, 696 Broadway, was noted as the person making the request. Mr. Cole asked if the cost of the work will be borne by the City. Motion to share cost It was moved by Councilman Hyde and seconded by Mayor Hamilton to amend the motion to add that the cost of the work be on a shared-cost basis. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Scott WRITTEN CO~IMUNICATIONS Request from Chula Vista Community Hellen M. Snortland, Administrator, Community Hospital for exemption of Hospital of Chula Vista, 553 F Street, Environmental Impact Study requested an exemption in the Environmental Impact Study for the proposed new Community Hospital project. Deletion requested The City Clerk stated she just received a letter from Ms. Snortland asking that the item be deleted from this agenda. Request from Apartment and Mr. Marvin A. E'Golf, President, 901 Bank Rental Owners Association for of America Building, San Diego, stated the clarification of Mission association represents 2,200 apartment owners Cable TV rates and 30,000 tenants. They (the Association) are concerned over the increase in the cost of Cable TV service to apartments and other commercial users. Mr. E'Golf stated that the rate was $1.$0 to $1.80 a month for each unit, and now they understand they will be charged $5.50 a month for each unit. He would like to know what the City's position is in the matter and the appeal process available to them. Discussion of rate schedule City Attorney Lindberg explained that there has been some difficulty in terms of the installation charges; however, they must adhere to the rate schedule approved by the City Council. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to the staff for report as to whether or not any Council action is necessary. -19- VOTE ON SPORTS WORLD Councilman Scott reiterated that he voted against the motion to reconsider because it was made after the people interested in the matter had left the Chamber. He added that in two weeks hence (meeting of January 2, 1973) he would consider a motion to reconsider this position, and at that time will vote to approve it in concept. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 1:00 a.m. to the joint meeting scheduled with the Environmental Control Commission, Wednesday, December 20, 1972 at 7:30 p.m. City C l/~rk ~ -20-