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HomeMy WebLinkAboutcc min 1972/08/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL QF THE CITY OF CHULA VISTA, CALIFORNIA August 8, 1972 Held Tuesday . A regular meeting of the City.douncil of Chela Vista, California, was held on the above date beginning at 7:00 p.m. in the Cot~c~ Chamber, Civic Center, 276 Fourth Avenue, with the following Council~nen preset:~ Councilmen Scott, Hobel,~amilton, Egdahl Absent: Councilman Hyde Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Assistant Director of Planning Williams, 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 Mayor H~unilton, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of July 19, 26, 27, 31 and August 1, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST CO~ISSIONER Mayor Hamilton introduced, Mr. Kyle O. AND PRESENTATION OF RESOLUTION Stewart, newly-resigned Planning Commis- sioner, as guest commissioner for this meeting. RESOLUTION NO. 6535 - A resolution commending Mr. Stewart for his EXPRESSING APPRECIATION TO KYLE O. services to the community was read by the STEWART FOR HIS MANY YEARS OF LONG City Clerk. AND DEDICATED SERVICE AS A MEMBER Offered by Councilman Hobel, the resolu- OF THE PLANNING CO~MISSION OF THE tion was passed and adopted by the follow- CITY OF CHULA VISTA vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde On behalf of the Council, Mayor Hamilton presented Mr. Stewart with the proclamation and with a tile plaque comemorating his years of service to the community. APPEARANCE OF FRANK FERREIRA City Attorney Lindberg explained the purpose TO SHOW CAUSE WHY LIGHTING of this appearance. OF PROPERTY AT WHISPERING TREES BONITA SHOULD NOT BE DECLARED A Mr. Peter Shenas, Attorney representing Mr. PUBLIC NUISANCE Ferreira, questioned who the complainant was in this case. City Attorney Lindberg Mr. Peter Shenas, Attorney commented the original complaint was signed by Mr. Randolph ~est. Mr. Shenas commented that there is a run- ning feud existing between Mr. West and Mr. Ferreira, and a lawsuit is presently pending filed by Mr. West and his neighbors concerning the apartments being built close to their property lines. Mr. Shenas spoke of the trial held concerning the flood lights in which Mr. Ferreira prevailed. He stated that the people petitioning the Council for action could have hired an attorney on their own and brought civil action against Mr. Ferreira without bringing this to the Council. Clarification of location Mr. Shenas stated he was prepared to of lights speak on the lights located on the west side of the building that could be seen from Mr. West's home; he was not pre- pared to discuss the flood lights. He added that he had no indications what- soever that those lights were being considered. Mr. Lindberg explained that in the notice, sent to Mr. Ferreira, the flood lights were specified. Ordinance requirements Mr. Shenas referred to the requirements of the ordinance stating: (1) he did not receive a copy of the written complaint filed with the City Attorney's office; (2) there is a 15-day written notice to the defender to cease and in the event he does not cease, then the order to show cause must be brought -- Mr. Shenas stated he did not receive this notice. Mr. Lindberg stated he would provide Mr. Shenas with a copy of the complaint, and to his knowledge, the notice sent to Mr. Ferreira constituted an appro- priate 15-day notice. Mr. Shenas read excerpts from the ordi- nance and asked the Council to take into consideration: (1) that the people who have homes next to an apartment complex must expect more noise, more lights, etc; (2) security; (3) safety of people walking the stairs to their apartments; (4) if these lights are constituted a public nuisance, then perhaps every porch light in the City would have to be declared the same. City Attorney's opinion Mr. Lindberg stated that this satisfies the ordinance insofar as the appearance of Mr. Ferreira is concerned. At the close of the Council meeting, the Council will recess to the apartment complex and view the lighting. Randolph West Mr. West stated that he and his neighbors 271 Eucalyptus Court are not complaining about the lighting of Mr. Ferreira's apartments - they are complaining about the effect of the light rays which fall on their premises, disturb their repose and keep them from enjoying a peaceful atmosphere in their homes. Petition of opposition City Clerk Fulasz stated she received a petition of protest signed by 59 residents in the area representing 40 properties. QUARTERLY FINANCIAL REPORT Mr. Gary Wappes, Executive Director, ON "OUR HOUSE" referred to the written report submitted to the Council in which he stated that due to budget cuts amounting to $7,500 and the rent increase for the new facility of $1,400, "Our House" operation is faced with a net deficit of $8,900 for this fiscal year. - 2 - Mr. Wapp~s referred to a report he received from San Diego State concerning t~ ~perat~e~ e~f "Our F~use~" Mr. Wappes ¢o~a~nted tke report was a very favorable one. Mayor Hamilton commented that the Council was to receive a copy of this report. Mr. Wappes stated he would check on this. Acceptance of report It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the report be accepted. ORAL CO~4UNICATIONS Bill McMurtry Mr. McMurtry questioned whether this 255 Rogan Road was a "hearing" and if the Council would hear testimony from both sides. City Attorney Lindberg explained it was a hearing to show cause, and the resi- dents in the area were notified of this. The person who was cited was asked to come before the Council and make his presentation as to why the Council should not determine that there is a public nuisance. The time for total evaluation of testimony should be before a proper and competent court of law. Nicholas Ramos Mr. Ramos stated he is representing the 346 Vista Lane Founders and Associates of a proposed San Ysidro, California Banco Unido Commercial Bank. They are proposing to establish and operate a minority-owned bank in the City of National City. They have received sup- port from the cities of Imperial Beach and National City, and are requesting official support from this Council. Councilman Scott noted the previous re- quest to the Council over a year ago, in which the Council wrote a letter supporting, in concept, the Mexican- American bank. Motion to endorse in concept It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that a letter be sent from the Mayor, endorsing the concept of the minority-owned bank in the South Bay area. Randolph West Mr. West referred to the lighting situa- 271 Eucalyptus Court tion at the Whispering Trees Bonita Whispering Trees Bonita apartment complex. He remarked that he and his neighbors are reasonable citizens but found it impossible to deal with Mr. Ferreira on this subject. Mr. West dis- cussed the concrete block wall, topped by broken bottles, which was built next to one of his neighbors. This was subse- quently declared a public nuisance and removed. He noted the court trial held in 1970 regarding these lights in which he claimed that Mr. Ferreira was acquited not for producing a nuisance, but for not lighting a parking area. Mr. West asked that the Council declare the lighting a public nuisance and take whatever action was necessary to make the owner comply with the laws of the City. Cliff Bowman Mr. Bowman referred to the pictures 295 Eucalyptus Court taken by a member of the Planning staff sometime ago. He felt the pictures spoke for themselves, and he had nothing further to add. Wilbert Schlarb Mr.Schlarb stated he is President of the 681 "I" Street - South Bay Spokesmen Club--a club for Bicycle Routes bicycle enthusiasts. Mr.Schiarbstated he was struck down twice - both times by women. He described One accident, which took place at Broadway and E Streets. Mr.Schlarb remarked that there is a bike route on Otay Lakes Road--it is a small strip so that when you are driving a 10-speed bike and go off the road, "it is bad news." Mr. Schlarb then declared his $350 bike was stolen last week when he was at the doctor's office. He added he has received complaints from people in the neighboring cities that bicycling in Chula Vista "is the sorriest in the area." Mr. Bob Reardon Mr. Reardon questioned whether a fence 43 Millan Court - will be built along the south side of Hilltop-Telegraph Canyon Road the Hilltop-Telegraph Canyon Road Park Park next to the residential area. He stated his home is located here and he is con- cerned about the children running up and down his embankment which is covered by iceplant. Referred to staff Mayor Hamilton referred this to the staff for a report. Peter Shenas, Attorney - Mr. Shenas stated that testimony con- Whispering Trees Bonita cerning the wall that was built on the premises should not be considered with the lighting situation. He added that the area was zoned for apartments at the time Mr. West purchased his home. Ester Lassman Mrs. Lassman questioned the action of 264 Rogan Road - the Council at this time. Mayor Hamilton Whispering Trees Bonita explained that at the end of the meeting, the Council will recess to the apartment complex and view the lighting situation. Recess A recess was called at 8:25 p.m., and the meeting reconvened at 8:40 p.m. PUBLIC HEARING (CONTINUED) Director of Public Works Cole explained CONSIDERATION OF REQUEST OF that the hearing was continued from the CONTINENTAL APARTMENTS FOR last meeting. He explained that the WAIVER OF REQUIREMENTS owners of this existing apartment complex RELATING TO UNDERGROUNDING are converting it to a condominium pro- OF UTILITIES IN SUBDIVISIONS ject which requires the processing of a subdivision map. Undergrounding of utilities is required for all subdivisions. Mr. Cole recommended that the requested waiver be granted on the condition that the property owner enter into an agree- ment with the City to underground the electrical and telephone services to the apartments concurrently with the under- grounding of these utilities upon the development of the new office building on the west side of Fourth Avenue. 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. Council discussion Councilman Egdahl questioned whether there would be problems in the future if the Council continued to waive these requirements. Councilman Scott suggested that, rather than a waiver, the Council should defer the requirements. Mr. Lindberg, City Attorney, stated the pro- vision in the Code could be revised whereby it would be a deferral of the requirements rather than a waiver, as a general policy of the Council. RESOLUTION - It was moved by Councilman Scott, seconded GRANTING THE REQUEST OF by Councilman Egdahl and unanimously CONTINENTAL APARTMENTS WAIVING carried that a resolution be brought back REQUIREMENT OF THE CITY CODE at the next meeting encompassing the word RELATING TO THE UNDERGROUNDING "deferral" and the intent of the Council OF PUBLIC UTILITIES IN CON- for the deferral of the undergrounding TINENTAL APARTMENTS SUBDIVISION of utilities, rather than a waiver of it. RESOLUTION NO. 6556 - An easement for slope rights and for in- RESCINDING RESOLUTION 4106 stallation and maintenance of protective WHICH GRANTED A DRAINAGE drainage structures in Holiday Estates EASEMENT IN HOLIDAY ESTATES Subdivision, Unit No. 1, was granted to SUBDIVISION, UNIT NO. 1 the City of Chula Vista by Cambridge Development Company, Inc., and Jafro, Inc. in 1966. Director of Public Works Cole reported that the subject easement is no longer necessary, as its original purpose was for a concrete drainage ditch which was removed when Orange Avenue was extended. 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: Councilman Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLOTION NO. 6557 - Director of Public Works Cole explained GRANTING PERMISSION TO CON- that Mr. William M. Perkins has applied STRUCT TWO 16-FOOT DRIVEWAY for authorization to construct two 16-foot APPROACHES IN EXCESS OF wide approaches to a circular driveway; FRONTAGE LIMITATION AT 374 this would be 8 feet in excess of the HILLTOP DRIVE frontage limitation imposed by Ordinance. Mr. Cole recommended approval stating the extra driveway width requested will not adversely affect the availability of park- ing space along the public street, and will enhance the safety of vehicular egress from the property in question. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde Motion for administrative It was moved by Councilman Egdahl, seconded processing by Councilman Hobel and unanimously carried that Ordinance No. 1205 be modified to make Section 27.408 subject to administra- tive processing, and to come to Council on an appeal basis only. Discussion of fees Council discussion ensued as to whether or not a fee should be charged for appeal to the Council. Councilman Scott commented that if the application is disapproved administra- tively, it would be such an extraordinary circumstance, that a fee for an appeal should be charged. Mayor Hamilton commented that the staff will put in the proposal the details con- cerning the fees, and the Council will have a chance to consider this at the next meeting. RESOLUTION NO. 6538 - In a report to the Council, Director of DETERMINING SPECIAL SEWER Public Works Cole explained that the owner ASSESSMENT - 190 EAST I STREET of the property, Mr. John Macevicz, at 190 East I Street, has no frontage upon a public street and the lot is serviced by a private easement to East I Street. Since the property is an unusual width and application of the standard fee would result in a total charge not in proportion to the benefit received, it is recommended that the property owner be charged the average frontage of similar properties (65.45 linear feet @ $4.25). 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6539 - In conjunction with his application for ACCEPTING, DEDICATING building permits to construct dwelling AND NAMING PROPERTY units at 195 and 199 East "J" Street, Mr. AS EAST "J" STREET Steve Cropsey has executed a grant deed in favor of the City for a ten foot strip of property. This is for an additional ten feet in width on East J Street, along the north side of the street in the vicinity of Clairevista Unit C Subdivision, which section is substandard in width. 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: - 6 - AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6540 - On April 4, 1972, the City Council directed AUTHORIZING 1911 ACT ALLEY the staff to take action to complete im- IMPROVEMENTS FROM BROADWAY provements on a westerly extension of the TO SMITH AVENUE BETWEEN H STREET alley lying between Broadway and Fifth AND OTIS STREET Avenue. An informal survey of these property owners indicated that owners of 9 of the 13 parcels involved (70.6%) are in favor of improving the alley. A 1911 Act petition has been signed by these property owners and has been certified by the City Clerk. Mr. Cole, Director of Public Works, commented that this alley improvement will be combined with the one running southerly from H Street to Mankato Avenue, between Fourth Avenue and Gtover Avenue. 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6541 - A final inspection of this contract work ACCEPTING CERTAIN PUBLIC by T. B. Penick & Sons, Inc., was made IMPROVEM~ENTS IN SECOND AVENUE, on August 2, 1972. The Director of SO[~H OF PALOMAR AND IN THE Public Works reported that all of the ALLEY BOUNDED BY SMITH AVENUE public improvements have been completed AND FIFTH AVENUE AND H STREET AND satisfactorily in accordance with the OTIS STREET - 1911 BLOCK ACT, requirements of the City. PHASE XtV Resolution offered Offered by Councilman Egdah~ the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6542 - Director of Public Works Cole reported that APPROVING FINAL MAP - the final map has been checked by the EL RANCHO DEL REY Engineering Division and found to be in SUBDIVISION, UNIT NO. 1 conformity with the tentative map approved on October 26, 1971. He noted the items that have not been completed concurrently with the final map as required by the Planning Commission: in regard to the landscaping and irriga- tion plans, an agreement and performance bond in the amount of $55,080 and Labor and Material bond for $55,080 has been determined; however, inclusion of bike paths and designs was not included, and the bonds and agreement should be revised accordingly. The amount of the bond should be increased to $146,060 to cover all costs. Resolution offered Offerod by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6543 - In a report to the Council, Director of APPROVING IMPROVEMENT Public Works Cole stated that E1 Rancho AGREEMENT - EL RANCHO DEL del Rey has completed ail requirements REY SUBDIVISION, UNIT NO. 1 for the recordation of the final map, Unit No. 1. All required fees have been paid, necessary bonds have been posted and they have completed their portion of the Subdivision Improvement Agreement. 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6544 - The City Council has accepted as a APPROVING AGREEMENT FOR condition of the tentative map that the OPERATION AND MAINTENANCE developer shall pay actual costs incurred COSTS INCURRED IN THE by the City in maintaining and operating CONSTRUCTION OF A SEWAGE a sewage pump station constructed to SUBSTATION IN EL RANCHO DEL serve Unit No. 1. Director of Public REY SUBDIVISION, UNIT NO. 1 Works Cole stated that the maintenance costs are estimated at $3,000 a year for 10 years, and therefore, $30,000 will be deposited to ensure compliance with the agreement. Mr. Cole added that the agreement also provides for sharing the costs on a pro rata basis with any other property owners which are permitted by the City to make use of the sewage lift station constructed by E1 Rancho del Rey. 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6545 - Director of Public Works Cole declared that ACCEPTING EASEMENT FOR a temporary cul-de-sac is necessary to be TEMPORARY CUL-DE-SAC IN built at the westerly end of Valencia Loop EL RANCHO DEL REY SUBDIVISION, on property owned by Shattuck Construction UNIT NO. 1 Company. This easement is required until such time as Valencia Loop is extended and dedicated through the proposed Candlewood Subdivision. - 8 - 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6546 - The Director of Public Works stated that ACCEPTING ONE-FOOT CONTROL LOTS Lots A through H and J through M are IN EL RANCHO DEL REY SUBDIVISION, required to provide for the fu:ure exten- UNIT NO. 1 sion of the streets and to control development of adjacent property. 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6547 - Director of Public Works Cole reported APPROVING FINAL MAP - that the final map has been checked by the EL RANCHO DEL REY Engineering Division and found to be in SUBDIVISION, UNIT NO. 2 conformity with the tentative map approved on October 26, 1971. Mr. Cole noted that, in regard to the landscaping and irrigation plans, an agreement and performance bond in the amount of $55,080 and Labor and Material bond for $55,080 has been determined; however, this did not include the bike paths and the designs. The amount of the bond should be increased to $146,060 to cover all costs. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6548 - In a report to the Council, Director of APPROVING IMPROVEMENT Public Works Cole stated that all require- AGREEMENT - EL RANCHO DEL ments imposed for the recordation of a REY SUBDIVISION, UNIT NO. 2 final map of E1 Rancho del Rey Subdivision, Unit No. 2 have been completed. All required fees have been paid, necessary bonds have been posted and the developers have completed their portion of the Subdivision Improvement Agreement. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde - 9 - RESOLUTION NO. 6549 - A grant deed has been executed for ACCEPTING ONE-FOOT CONTROL Lot "X" of this Unit. This one foot LOTS IN EL RANCHO DEL REY control lot is required to provide for SUBDIVISION, UNIT NO. 2 the future extension of the street and to control development of adjacent property. 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, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6550 - Director of Public Works Cole explained APPROVING PARK IMPROVEMENT that the tentative map included the AGREEMENT - EL RANCHO DEL condition of providing a landscape and REY, UNIT NOS. 1 AND 2 irrigation plan for the improvement of park areas known as Lots 241, 242 and 243 of Unit No. 1, and that these lots be dedicated for park purposes. The subdivider has not completed plans and has requested approval of an agreement for the design and iraprovement of the parks and bonds guaranteeing the im- provement in order that the final maps may be approved by the City without delay. The agreement provides for the improvement of the park within one year of the recordation of the map. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6551 - World Oil Company is desirous of modifying APPROVING AGREEMENT BETWEEN CITY their existing freestanding sign located OF CHULA VISTA ANDWORLD OIL COMPANY at 685 "H" Street. The ordinance provides FOR REMOVAL OF FREESTANDING SIGN AT that a sign may not be modified except TERMINATION OF ABATEMENT PERIOD to bring it in conformity with the limitations of the ordinance. An agree- ment has been prepared whereby World Oil is to modify their freestanding sign and accept the valuation of $1,176 as set forth in the agreement as well as the amortization schedule of the ordinance. Council discussion Councilman Scott questioned what assurance the Council would have that these signs would come into compliance with the regula- tions, other than the agreement? Was a monetary bond required? Councilman Scott also asked what would happa~ if the sign ordinance would change - what would be the status of this agreement? City Attorney Lindberg explained the provisions Of the agreement. Assistant Director of Planning Williams stated that, in this case, it was a change of business, and they are using a non-conforming sign by just changing the facing on the sign. - 10 - Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: Councilman Hyde RESOLUTION NO. 6552 - Competitive bids for improving the alley APPROPRIATING FUNDS FOR between E Street and Davidson Street from CONSTRUCTION - 1911 BLOCK ACT, Fourth Avenue to Glover Avenue were PHASE XV received as follows: T. B. Penick & Sons $0.80 per sq. ft. Tessitore & Bulldis 0.90 per sq. ft. M. H. Golden Const. Co. 0.95 per sq. ft. It is recommended that the sum of $1,500 be appropriated, based on the low bid, to provide funding through the construction phase. Once the final assessments have been spread, property owners may reimburse the City in cash or upon a deferred basis to be specified by the Council. 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, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6553 - In March 1971, the City Council approved APPROVING THE RELEASE OF THAT a lien agreement for a deferral of CERTAIN DEFERRED IMPROVEMENT installation of public improvements for AGREEMENT BETWEEN THE CITY property at 172 D Street in the amount OF CHULA VISTA ANDALLISON of $1,900. Mr. Allison W. Evans, owner W. EVANS of the property, is now anticipating the sale of his dwelling and in order to RESOLUTION NO. 6554 - secure financing by the proposed pur- AUTHORIZING THE DEFERRAL OF THE chasers, Mr. and Mrs. Josephson, it is INSTALLATION OF CERTAIN PUBLIC necessary that the escrow agent be per- IMPROVEMENTS:ON THE PROPERTY TO mitted to acdept a release of the lien BE SOLD TO DANIEL H. AND LINDA C. against the property as it is owned by JOSEPHSON, LOCATED AT 172 D STREET Mr. Evans, and that the lien for improve- ments be placed on the property simul- taneously with the Josephson's purchase. Resolutions offered Offered by Councilman Egdahl, the reading of the text of these two resolution~ was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6555 - The joint powers agreement sets forth in APPROVING AGREEMENT BETWEEN CITY detail the powers of the CPO and establishes OF CHULA VISTA AND CITIES OF the CPO as an independent organization, CARLSBAD, CORONADO, DEL MAR, EL but not a taxing body. Financing will be CAJON, ESCONDIDO, IMPERIAL BEACH, done by member agencies. The agreement LA MESA, NATIONAL CITY, OCEANSIDE, further approves the weighted vote process SAN DIEGO, SAN MARCOS AND VISTA accepted by all of the cities. AND COUNTY OF SAN DIEGO FOR CPO JOINT POWERS AGREEMENT - ll - Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous con- sent, passed and adopted by the follow- ing vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6556 - City Manager Thomson discussed Council's APPROVING CONTRACT FOR PARKS- direction for the exchange of the IN-CITIES GRANT Harborside site for the Larkhaven site. HUD is acceptable to this, and has given the City a deadline in which to get the contract back to them. The original contract is to be sent to them, and they will modify it exchanging the park sites. The total grant is $112,866; $51,000 allocated for Otay, and $51,866 will be assigned for Larkhaven acquisition and development. Resolution offered Offered by Councilman Scott, the read- ing of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes; None Absent: Councilman Hyde RECOMMENDATION REGARDING The Safety Commission requests that the THIRD AVENUE AND "F" Council approve a plan, presented by STREET - SAFETY CO~ISSION the Traffic Engineer, that parking on the west side of Third Avenue from "F" Street north to the crosswalk be changed from angle parking to parallel. This will reduce the jog in the"F" Street. intersection and h~lp motorists to make the southbound turns on Third Avenue. The Safety Commission further requests that the plan be put into effect as rapidly as possible. Councilman Hobel stated he did not re- ceive a plat of the area showing the amount of spaces to be reduced. Councilman Egdahl commented that he would be interested in the reactions of the merchants along this block. Referred to City Manager It was moved by Councilman Egdahl, seconded by Councilman Scott and unani- mously carried that the matter be re- ferred to the City Manager. PLANNING CO~qlSSION REPORT ON Assistant Director of Planning Williams PREZONING TO R-1 FOR APPROXI- presented a plat of the area noting MATELY 40 ACRES LOCATED AT the property in question. EAST END OF J STREET - SHATTUCK CONSTRUCTION COMPANY On July 18, 1972, the City Council approved R-1 prezoning for this property, and the matter was referred to the Planning Commission for report. The Planning Conm~ission reiterated their opinion that to annex this property and to place it in a zone which would per- mit immediate development is unwise, since studies are in progress which may - 12 ~ result in a different set of develop- ment standards that should be applied to the property. The Commission fur- ther recommends that if R-1 prezoning is adopted, that the "P" designation be attached with the condition that the majority of canyon area on the southern part of the 40 acres be retained as open space. In a report to the Council, Director of Planning Warren recommended that the "P" not be attached but instead a deter- mination be made as to if and where a park site may be desired, and then re- quire the developer to provide the best possible transition into the southerly canyon. Mr. J. R. Shattuck Mr. Shattuck stated this was not a major Shattuck Construction Company canyon, and discussed the substantial 6150 Mission Gorge Road, San Diego amount of yardage to be moved, and the ultimate developed site will be one of very few banks. Concerning the public hearing on the change in the General Plan on this area, a recommendation was made to move this site southerly off this property. He was not present at the meeting at which the Council left in a park site in the goneral vicinity of this property. Mr. Shattuck remarked that he would have voiced disapproval of this concept. He feels the original intent of having park sites adjoin school groun~made sense, and the action to remove the school site from this 40 acres should naturally follow that the park site should adjoin that school site acreage. Councilman Scott explained that the Council's action was to remove the school site, and approval was given to a park plan schematically--no area designation was given. Master Park Plan City Manager Thomson explained that the staff is now in the process of revising this Plan. There is no date certain as to when it will be ready for Council action. Councilman Scott's statements Councilman Scott noted the 3 to 2 vote by the Council in approving the pre- zoning of this property. He informed Mr. Shattuck that he had cast an affir- mative note; however, it does not pre- clude him from voting against the annexa- tion of this area. Motion to accept report It was moved by Councilman Hobel and seconded the Councilman Egdahl that the report be accepted. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Scott Noes: Councilman Egdahl Absent; Councilman Hyde - 13 - ORDINANCE NO. 1409 - This ordinance was placed on its first ADOPTING NATIONAL ELECTRICAL reading at the meeting of August 1, 1972. CODE, 1971 EDITION - SECOND The San Diego Electrical Contract6rs READING AND ADOPTION Association and the San Diego Area Chapter of International Conference of Building Officials have approved the adoption of this code by all jurisdictions in the County. Ordinance placed on second It was moved by Councilman Hobel that reading and adopted this ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The Ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde ORDINANCE NO. 1410 This ordinance was placed on its first AMENDING CITY CODE RELATING reading at the meeting of August 1, 1972. TO SEISMIC DESIGN OF CONCRETE The Structural Engineers Association of STRUCTURES - SECOND READING AND California has urged all jurisdictions ADOPTION within San Diego County to amend their respective ordinances to include re- quirements strengthening the seismic design of concrete structures. Ordinance placed on second It was moved by Councilman Scott that reading and adopted this ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The Ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: ~on~ Absent: Councilman Hyde REQUEST OF SAFETY COMMISSION The Safety Commission requests that the FOR STAFF STUDY REGARDING Council direct the staff to investigate EMPLOYMENT OF SAFETY DIRECTOR the possibility of hiring a Safety Director or Officer, and whether this is required by law. Referred to City Manager It was moved by Councilman Scott, seconded by Councilman Egdahl and unan- imously carried thatthis request be referred to the City Manager for a report. REPORT ON EDUCABLE MENTALLY City Manager Thomson reported that the RETARDED WORK PROGRAM Department of Rehabilitation of the State Human Relations Agency has requested that the City participate in this pro- gram. It would be his recommendation that the City accept two participants for assignment to Golf Course operations, each working 20 hours a week. Mr. Thomson outlined the pay and work schedule for this program which will start in September. Program approved It was moved by Councilman Scott, seconded by Councilman Nobel and unani- mously carried that the report be accepted and the program involvement be approved. - 14 - STATUS REPORT - City Manager %homson stated that a BICYCLE RACKS IN SHOPPING study of this matter is in progress and AREAS input is being received from civic groups. The Chamber of Commerce has appointed a committee to work on this project. As soon as results are ob- tained from the ~arious organizations, a report will be submitted to Council. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unani- mously carried that the report be accepted. REPORT ON MODEL AIRPLANES City Manager Thomson explained that the PROGRAM SITE model airplane enthusiasts have used a plowed field behind the tennis facilities at Southwestern College. College officials, however, have prohibited the activities of this use in that area because of the noise and danger from crashing planes. Mr. Thomson remarked that it would be possible for a flying area to be de- signated in the vicinity of the animal shelter, on a temporary basis. It is recommended that the Council endorse the temporary use and the staff will continue to look for a suitable site for this activity within the recreational system. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted and approval given to the temporary use of the animal shelter for model airplane flying. Emerson Hall Mr. Hall verified this report, adding Director, Parks & Recreation that he hoped, in the future, to be able to use a portion of some park sites for this recreational use, if the neighborhood was suited to it. BATHTUB REGATTA Mayor Hamilton announced that the Chula Vista Jaycees have invited the members of the Council to the Second Annual Bathtub Regatta and Challenge Cup Races to be held on August 27, 1972 at 11:00 a.m. POST OFFICE Councilman Egdahl questioned the status of the possible purchase of the post office building and the utilization of that building. City Manager Thomson stated the report will be ready within the next 30 days. WRITTEN COb~VRINICATIONS Request for review of City Mr. Sidney Cornell is requesting that History - Sidney Cornell, an intern be engaged to document the San Diego County Bicentennial history of this City, decade by decade Committee along with some work on our City archives. The results can then be printed and made available to the public. Mr. Cornell commented that other cities in the County are also undertaking this type of program. - 1S - Referred to staff It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be referred to staff. Councilman Egdahl felt that perhaps some interested citizen might be interested in doing this. Request for organization of a Mr. Sidney Cornell is requesting that the committee to sponsor activities Mayor and City Council bring together a in Chula Vista throughout the meeting of the Presidents of all organiza- year 1976 tions in the City in order to outline a program of activities for the 1976 National Bicentennial in which each of the organiza- tions can participate. Mr. Cornell states that the meetings can be held once a year and the various organizations can initiate actions within their own groups that would result in a fine list of activities for the Bicentennial. Referred to Mayor It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this request be referred to the Mayor for his disposition. Recess to Whispering Trees Bonita At 9:40 p.m. Mayor Hamilton announced that the Council would now recess to the Whispering Trees Bonita apartment complex. They will return to the Council Chamber to adjourn, or to make a decision. The meeting reconvened at 10:45 p.m. Council discussion Council discussion ensued as to modifica- tions that could be made to the lighting situation which would solve the problems encountered by the residents in the area: two lights in the garage area could be directed straight downward, the flood light shielded, and the door opposite the West residence should remain closed. City Attorney's opinion City Attorney Lindberg explained the City's control over lights, as stipulated by the ordinance, and the courts referral in a misdemeanor charge. The problems con- cerning these lights, however, involve questions of an existing nuisance. Type of light The Council discussed the type of light used in the complex, and the intensity of it. Councilman Scott questioned whether the staff could find out if these lights are suitable for residential use, and if not, perhaps the ordinance should be revised. Councilman Scott added that before final action is taken by the Council, he would like to ask Mr. Ferreira to redirect the two garage area lights down. Councilman Hobel suggested the flood lights be shielded. Letter to be written to It was moved by Councilman Scott, seconded Mr. Ferreira by Councilman Hobel and unanimously carried that a letter be written to Mr. Ferreira stating that the Council would appreciate it if he would redirect the lights, and at the next meeting have a statement from Mr. Ferreira in this regard. The Council can then make a decision at that time. - 16 - direct the lights, and at the next meeting have a statement from Mr. Ferreira in this regard. The Council can then make a decision at that time. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:55 p.m. to the meeting scheduled for 3 p.m. in the Council Chamber on Wednesday, July 9, 1972. City Cl~rk ~ - 17 -