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HomeMy WebLinkAboutcc min 1972/08/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 1, 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 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Assistant Director of Planning Williams, Director of Building and Housing Grady 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 Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of July 25, 1972, be approved, copies having been sent to each Councilman. UNANIMOUS CONSENT ITEM: RESOLUTION NO. 6529 - Mayor Hamilton read the resolution commend- COMMENDING FRANK AND ing Councilman Scott and his wife on the COLEEN ANN SCOTT ON occasion of their twentieth wedding anni- THE OCCASION OF THEIR versary, celebrated on August 1, 1972. TWENTIETH WEDDING The resolution was presented to Mrs. Scott. ANNIVERSARY 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, Hobel, Hamilton, Hyde Noes: None Abstain: Councilman Scott Absent: None INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. Paul Kincade, COMMISSIONER member of the Safety Commission, as guest conunissioner for this meeting. REPORT ON OPERATION OF Mrs. Margaret Helton, Chairman, Human Rela- "OUR HOUSE" - HUMAN RELATIONS tions Commission, submitted the quarterly COMMISSION report concerning the operation of "Our House." The conclusion of the Commission is that the Board of Directors of "Our House" meet monthly instead of bi-monthly, and a member of the ~man Relations Com- mission be notified of this meeting so he can attend. A written report from the Police Department and the Zoning Enforcement Officer was sub- mitted to the Council. They claim there have been no problems and conditions of the zone variance are being met. Mr. John Bea$1ey, Chairman Mr. Beasley stated Mr. Gary Wappes will Board of Directors, submit a report to the Council at the next Our House meeting. The Board meets on the first Monday of every other month, and a member of the Human Relations Commission will be invited to attend. Public meetings City Attorney Lindberg asked Mr. Beasley to meet with him, to discuss these meetings. Since the City contributes a portion of the operating expense, the meeting should be publicized so that there will be no viola- tion of the Brown Act. Motion to accept report It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the report be accepted, and special note be taken of the last two conditions submitted in the report: 1. That the Commission be notified of the Board of Directors meetings, as they feel it would he very valuable for the Commission to have a member present at these meetings in order that they can be made aware of direction and policy. 2. That the Board of Directors of "Our House" consider changing from bi-monthly to monthly meetings in order to better meet their responsibilities in the areas of administration, supervision, communication ~nd policy making. REPORT OF C. R. C~PBELL Mr. Campbell discussed the deep channel PORT CO~MISSIONER dredging and the second entrance. He stated the J Street launching ramp will be open on August 20, and he will meet with the Mayor to set up dedication ceremonies. The Commissioners have set the date of August 16 at 7:30 p.m. for a public hearing on the Bayfront Study. This will be one of two hearings - one for the south area and one for consideration of the north area. In answer to Councilman Egdahl's inquiry, Mr. Campbell stated he was not aware of the state- ment in the last minutes of the Port Commis- sion whereby a Commissioner remarked that the City of Chula Vista should lease and maintain park area land in the tidelands from the Port District. He felt it was just a statement; no action was taken on it, but he will check this out. A report from National Steel indicated they needed approximately 135 total acres ~or their industrial plant. They are one year away from making any determination, and are considering alternate sites in other areas. ORAL CO}4MUNICATIONS Jack Unger, Member, Mr. Unger announced that the Commission has International Friendship collected the total amount needed ($2,000) Commission to send the eight students to Irapuato. He thanked the Council for their willingness to appropriate whatever amount would have been needed to reach this total. Mrs. Christine Farnum Mrs. Farnum asked that either a STOP sign 41Kingswood Drive or a DEAD END sign be installed at the corner of Tobias and Kingswood Drive. She cited the accidents that have occurred at this inter- section and the hazardous conditions to the children and residents in this neighborhood from the speeding traffic. Referred to staff Mayor Hamilton directed that this matter be referred to the staff for report back to the Council at the next meeting. PUBLIC HEARING (CONTINUED) Assistant Director of Planning Williams explained CONSIDERATION OF AMENDMENT that this hearing was continued to this meeting TO ZONING ORDINANCE RELATING in order that the staff could clarify the matter TO ADMINISTRATIVE PROCEDURE of fees and hearing requirement under this new FOR USES PERMITTED IN THE requirement. F FLOOD PLAIN RESTRICTIVE DISTRICT Mr. Williams requested that this hearing be continued for an additional two weeks since the staff has been unable to complete all discussion with the City Attorney pursuant to this matter. Continuance granted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the public hearing on this matter be continued to the meeting of August 15, 1972. PUBLIC HEARING - CITY'S In a report to the Council, Director of INTENTION TO CONSIDER ADOPTION Building and Housing Grady stated that the OF THE 1971 EDITION OF THE San Diego Area Chapter of International NATIONAL ELECTRICAL CODE Conference of Building Officials made a study on this Code. They met with the San Diego Electrical Contractors Association and a vote of the membership for all the jurisdictions within San Diego County was taken and passed to adopt the 1971 Edition of the National Electrical Code without amendments. Mr. Grady further stated that by adoption of this Code, the City could accept new materials and wiring methods. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1409 - It was moved by Councilman Hyde that this ADOPTING NATIONAL ELECTRICAL ordinance be placed on its first reading and CODE, 1971 EDITION - FIRST that reading of the text be waived by unanimous READING consent. Ordinance placed on first reading The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PUBLIC HEARING - CITY'S Director of Building and Housing Grady reported INTENTION TO CONSIDER ADOPTION that strong vertical and horizontal motion of OF AN AMENDMENT TO THE CITY the 1971 San Fernando Valley earthquake pointed CODE TO STRENGTHEN SEISMIC out a need for ductile frame requirements in DESIGN OF CONCRETE STRUCTURES concrete structures of less than 160 feet in height. The Structural Engineers Association of California rewrote the various sections of the Uniform Building Code to strengthen the seismic design of the concrete structures, and most of these changes have been approved by the International Conference of Building Officials. All of the jurisdictions in San Diego County are amending their respective ordinances to include these requirements. 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. 1410 - It was moved by Councilman Egdahl that this AMENDING SECTION 8.14 OF ordinance be placed on its first reading and CHAPTER 8 OF CITY CODE that reading of the text be waived by unanimous ALL RELATING TO SEISMIC consent. DESIGN OF CONCRETE STRUCTURES - FIRST READING The motion carried by the following vote, to-wit: Ordinance placed on first reading AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None PUBLIC HEARING - CONSIDERATION Assistant Director of Planning Williams sub- OF APPEAL OF ROBERT F. GILLIG mitred a plat noting the location of the OF PLANNING COMMISSION DENIAL property in question. He explained that the OF VARIANCE APPLICATION AT applicant is requesting a variance to create 660 SECOND AVENUE a lot at 660 Second Avenue which would have as its street frontage a 17-foot road ease- ment 160 feet long; the lot would measure 13,000 square feet. Mr. Williams noted that a similar request was approved in November 1971 for property at 644 Second Avenue and two earlier requests for 661 and 681 Del Mar Avenue were denied. The staff conducted a study of these unusually deep lots and determined that a new public street could be constructed, having its access from Second Avenue, which would serve the rear end developments of these deep lots. To date, there has been no willingness on the part of the property owners to plan or provide for such a street. The Planning Commission recommends denial of this appeal, and that the property owners in this block be advised that no further lot splits will be considered until they have agreed to cooperatively pursue the construction of a new public street. City Attorney's opinion City Attorney Lindberg explained that this was not a variance to allow the lot split--it was a question of the zoning which requires a single family residence to have adequate access and this is to test the adequacy of that access. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Robert Gillig Mr. Gillig stated he has owned this property 660 Second Avenue for ll years, and the dwelling has been there for about 20 years - he is not aware as to how it was allowed to be constructed. He stated he submitted a petition along this block and contacted 19 residents; 17 of them stated they do not want a road constructed in back of their property. - 4 - Mr. Gillig noted the precedent established by the Planning Commission in granting a similar variance to property at 644 Second Avenue, and asked the Council to grant his appeal. Adequate access Director of Public Works Cole reported that he discussed the access with the Fire Depart- ment Chief and was told that they need a 20-foot to 25-foot access for fire equipment. Construction of dwelling Director of Building and Housing Grady explained that in the old zoning ordinance, a provision was made to allow construction of guest homes on single-family lots. During World War lI these guest homes were converted to actual living units, ~nd this dwelling, in all probability, is one of them. Edward Kolkowski Mr. Kolkowski remarked that he didn't know if 692 Second Avenue he was for or aginst the appeal. He is speaking for a number of the residents in this block that have been wondering what is going on in Second Avenue. Mr. Kolkowski discussed the variance request and the petition that was circulated in which the majority of residents did not want the public road put in back of their properties. He stated that the dwelling in back of Mr. Gillig's property could not be sewered, and a variance will be requested by Mr. Gillig to hook up to Del Mar. Mr. Kolkowski felt the property owners on Del Mar and Second Avenue should be contacted in order to get together to formulate plans for organization. Delbert Arrasmith Mr. Arrasmith stated he owns the property at 55 F Street 656 Second Avenue. He discussed the proposal of having a street put in at the rear of the properties and felt the City could not do this against the wishes of the people. The people should have the right to do what they wish with their properties; Mr~ Gillig should have the right to split his lot and sell it. Frank Bliss Mr. Bliss stated that everything on Del Mar 661 Del Mar has a 50-foot setback except the dwelling on the "I" Street end~ which is 25 feet; this, however, was done illegally. Mr. Bliss in- dicated it will be difficult to get sewer service to this property. He added that the property has been there a number of years, and has not bothered anyone, so he is inclined to go along with it. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion for denial It was moved by Councilman Hyde and seconded by Councilman Egdahl that the appeal be denied. Council discussion Council discussion ensued as to whether the action was one to legalize an illegal situation; other variances were denied in this block; even though a road will not be put in against the wishes of the people, it was good planning and a much better solution to the problem. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Noes: Councilmen Hobel, Hamilton Absent: None ~ 5 - Recess A recess was called at 8:30 p.m., and the meeting reconvened at 8:45 p.m. PUBLIC HEARING - CONSIDERATION Assistant Director of Planning Williams sub- OF APPEAL OF HUMBLE OIL AND mitted a plat noting the property in question. REFINING COMPANY FROM PLANNING He explained that the Cotmcil approved rezoning CO~4qlSSION DECISION GRANTING of approximately 3-1/2 acres of this property A CONDITIONAL USE PERMIT FOR to C-V-P. In the preparation of a precise LOCATION OF A SERVICE STATION AT plan one guideline called for the development THE NORTHWEST QUADRANT OF of only one service station on the 3-1/2 INTERSTATE 805 AND BONITA ROAD acres. The Planning Commission has approved a conditional use permit for Bond Limited for one service station in the center of this property. Humble Oil is appealing this decision. They own a one acre parcel adjacent to the freeway which they contend can only be developed with a service station. Mr. Williams added that Humble Oil has refused to cooperate in the development of an overall plan for the entire site; therefore, the City has adopted assur- ances that their one-acre parcel will have street and vehicular access to the commercial property on the west. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Mark Allen, Attorney Mr. Allen stated he is representing Humble Oil 649 South Olive Company. He reviewed the history of the condi- 'Los Angeles, California tional use permit applied for by Humble in 1967, renewed in 1969, and then someone in the company forgot to apply for a renewal in 1971. Mr. Allen read a letter written to the company by the former Mayor, Robert McAllister, in 1968, in which he stated that the City would issue them a building permit for a service station pursuant to conditions by the Planning Commis- sion. They do not object to the Texaco station per se, only to the fact that there is a limitation of one service station on the site, and this was granted to Bond, Ltd. Mr. Allen presented these additional comments: (1) When there is a projected development, such as near freeways, it is to the advantage of the City to have the developer coordinate the proposed development that gives rise to their desires to locate in that particular area. This is done by advance planning with the staff, which is exactly what Humble Oil did. (2) The developer should construct his develop- ment when there is a need and not immediately upon securing approval. (3) It is not in the City's interest to plan 3-1/2 acres on the application df 2-1/2 acres. With the approval of the Council, Humble would like to construct a service station on their lot. Mayor's comments Mayor Hamilton remarked that the letter from the former Mayor (McAllister) is not binding either legally or morally upon this Council. As to the comments on advance planning, there is a precise plan approved which carried a condition that it would be coordinated with the freeway construction. - 6 - City Attorney's comments City Attorney Lindberg reviewed the situation whereby it w~uld be possible for the Council to request a reevaluation of the one proposed service station by the Planning Commission in light of the newly filed application by Humble Oil for a service station site on their property. Clifford Burford Mr. Burford stated he represents Bond, Ltd., 5358 Encinitas and discussed the number of public hearings held Carlsbad regarding their application for a service station, and the various meetings held with the staff, architects, engineers and developers of the proposed restaurant, service station, and motel on this site. He declared that they do not want to control the use of the Humble property - this was the recommendation of the Planning Commission and staff to have just the one service station located here. Mr. Burford indicated he asked on three occasions to meet with the representatives of Humble 0il and they stated, by phone, that they had no present plans for their property and were not in a situation to coordinante plans. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to deny appeal It was moved by Councilman Hobel and seconded by Councilman Hyde that the appeal be denied. Councilman Scott commented that nothing would be lost if the appeal were granted. He agreed to having one service station on the site, but felt the two companies should get together and work something out. Motion carries The motion carried by the following vote~ to-wit: AYES: Councilmen Hobel, Hyde, Hamilton, Egdahl Noes: Councilman Scott Absent: None PUBLIC HEARING - CONSIDERATION The applicant requested the change in zoning OF APPEAL OF FAIRWAY DOWNS, INC. from R-£-DIF - residential estates, minimum OF PLANNING COMMISSION DENIAL OF lot size of 20,000 square feet to R-i-10 - REZONING FROM R-E-20-F TO R-l-10 single family residence, minimum lot sizes of FOR APPROXIMATELY 22 ACRES AT 10,000 square feet. He plans to develop a 4370 SWEETWATER ROAD, A PUD OF PUD of 93 units with a net lot size of 93 UNITS, AND CONDITIONAL USE 10,300 square feet per unit. PERMIT FOR CONSTRUCTION IN FLOOD PLAIN DISTRICT An issue of the appeal is the Planning Coml mission's finding that rezoning at this time would be improper since the County Board of Supervisors has directed the Public Works Agency to proceed with negotiations for the acquisition of this property to be included in the Sweetwater Regional Park. Request for continuance Mr. Myron J. Dalseth, Fairway Downs, Inc., sent in a request for a 30-day continuance of this hearing. He stated his representative, Mr. Miller, is out of the country and it is essential that Mr. Miller be present to represent the firm. - 7 - Continuance granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the public hearing be continued to the meeting of September 5, 1972. Charles Province Mr. Province stated he was the owner of the 4370 Sweetwater Road property and felt he should have been notified as to the request for the postponement. Edward A. Lytle Mr. Lytle stated that the Planning Commission Project Manager did postpone several hearings while the options Public Works Agency, San Diego were being discussed by the County and the property owners. One problem was the property owner, and the owners-in-option -- which party to work with. They asked the Planning Com- mission, at the last hearing, to consider the application on its own merits, without any consideration of the proposed park, and this was the basis of the Commission's denial. CONSIDERATION OF REQUEST OF Director of Public Works Cole explained that CONTINENTAL APRATMENTS FOR the apartments are an existing complex WAIVER OF REQUIREMENTS located at 471, 475 and 477 Fourth Avenue, RELATING TO UNDERGROUNDING and the owners desire to convert it to a OF UTILITY FACILITIES IN condominium project; this is considered a SUBDIVISIONS subdivision of the property. Undergrounding the utilities in Fourth Ave- nue in front of this apartment complex is tentatively scheduled in the 6-year under- grounding of utilities program for 1976-77. Mr. Cole added that the rezoning of the pro- perty across the street for an office building will carry with it the requirement for undergrounding utilities. In order to accomplish this, it would require the undergrounding of utilities for this property also, at that time. He suggested that this waiver be conditioned upon the applicant entering into an agreement with the City to underground his service at the time the west side of the street is undergrounded. Motion for continuance It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that this matter be continued for one week and a written report be submitted by Mr. Cole. RESOLUTION NO. 6530 - This project includes the widening of J Street, ACCEPTING BIDS AND AWARDING the installation of a landscaped median and CONTRACT FOR THE CONSTRUCT- irrigation system, the installation of traffic TION OF STREET IMPROVEMENTS signals and street lights. The following ALONG J STREET FROM 1-5 bids were received: FREEWAY TO EAST PARK LANE, GAS TAX PROJECT #130 T.B. Penick $138,833.05 R. E. Hazard $141,963.75 Griffith Company $147,702.13 Daley Corporation $150,642.20 Director of Public Works Cole reported that $127,425.43 has been budgeted for this pro- ject; however, the center island landscaping was not contempleted and an additional $21,574.57 must be transferred from the unexpended Gas Tax reserves to cover this cost of this project. In addition, funds are needed for the reloca- tion costs of utilities and any extra costs. - 8 - Discussion regarding left turns Council discussion followed regarding the proposed median strip and the difficulty in making left turns into the businesses on the corners, especially those on the west side of Broadway and J Street. Director of Public Works Cole affirmed the fact that tl~e median strip would preclude making these left turns. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Noes: Councilman Egdahl Absent: None RESOLUTION NO. 6531 - Director of Public Works Cole submitted a APPROVING JOINT CITY-COUNTY report to the Council declaring that a AGREEMENT FOR IMPROVEMEN? OF traffic hazard and a dust problem exist along C STREET C Street between North Glover Avenue and Del Mar Avenue. This area of the street is unpaved for a distance of 400 feet, a portion of which is in the County. A meeting with County representatives determined that the installation of a ribbon pavement approximately 26 feet wide and 1-1/2 inches thick on the existing base would represent the most economical solution over an extended period of time. Mr. Cole further stated that funds for the project ($1,500) are available in the Unexpended 2107 Reserve. Request for paving of Reference was made to the letter under "Written portion of C Street Communications" from Mr. and Mrs. Dewey E. Mitchell, 10 Second Avenue, to have the City black-top approximately 200 feet of frontage along their C Street frontage from Second Mr. Cole stated that there is ribbon paving all the way to Second Avenue; one lot has the full street improvements. Mr. Mitchell's request is for a few more feet to the ribbon pavement, but he already has what the City is proposing to improve along the remainder of this street. The staff's recommendation is for two lanes of pavement and Mr. Mitchell has this. The policy of the City is that if Mr. Mitchell wants to put in curb, gutter, side- walk and shoulder paving, he can do it - the City would design it for him, but he must pay the cost. 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 - 9 - RESOLUTION NO. 6S32 - City Attorney Lindberg explained that the APPROVING AGREEMENT BETWEEN ordinance provides that a sign may not be CITY OF CHULA VISTA AND modified except to bring it into conformity CAVALIER MOTOR HOTEL FOR with the limitations of the ordinance; this REMOVAL OR MODIFICATION is to insure compliance with the amortization OF FREESTANDING SIGN AT periods of the new signing ordinance. TERMINATION OF ABATEMENT PERIOD Several property owners have indicated a desire to upgrade their signs, at the same time allowing the non-conforming features to con- tinue until the end of the amortization period before being abated. In this instance, Cavalier Motor Hotel is to modify their existing freestanding sign and accept the valuation - $4,570, and the amortization schedule of the ordinance. 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 - The applicant has sent in a request requesting APPROVING THE RELEASE OF THAT that this item be continued for one week to CERTAIN DEFERRED IMPROVEMENT be considered along with a resolution AGREEMENT BETWEEN THE CITY authorizing the deferral of the installation OF CHULA VISTA AND ALLISON W. of the public improvements on this property EVANS to be sold to the purchasers. Continued for one week It was moved by Councilman Egdah], seconded by Councilman Hobel and unanimously carried that this matter be continued for one week. RESOLUTION NO. 6533 - City Manager Thomson reiterated the report APPROVING AGREEMENT WITH AZTEC given to the Council at the meeting of June BUS LINES FOR OPERATIONS IN 27, in which he stated that Aztec Bus Lines CITY OF CHULA VISTA AND would be willing to go on a two-year lease APPROPRIATING ADDITIONAL FUNDS with a $225 a day rate level, for a total cost THEREFOR of $69,080 for the year 1972-73. The sum of $61,600 has been budgeted; there- fore, it is necessary for an additional $7,480 to be appropriated to cover the cost for the full fiscal year of operations. Section 10 - Payment agreement Councilman Hyde indicated he was confused as and sharing of fare revenues to the wording of this section. City Attorney Lindberg explained that sentence referring to the Bus Company receiving the percentage from the fare boxes should be eliminated. Section 18 - Term of Agreement Councilman Hobel stated he cannot support the terms as stated: "agreement shall be for period of one year commencing July 1, 1972...and [they] shall have the option to renegotiate and renew...for an additional period of two years." He felt this would tie the City down in the future with SB 325 funds. Council discussion Council discussion followed as to the meeting held on June 27, 1972, in which the Council considered either one year or a two-year lease. City Manager Thomson explained that the Bus Company was interested in an offer for a two year package~ but the Council's intent at this meeting was for a one-year lease. Motion for one week continuance It was moved by Councilman Hyde and seconded by Mayor Hamilton that this matter be continued for one week so that a review of the tape could be made and obtain the instructions of the staff with regard to drawing up this lease. Councilman Scott noted that the majority of the Council is not in favor of a two-year bus lease, and he felt the motion for continuance to determine the action of the Council was not necessary at this time. Motion withdrawn Councilman Hyde withdrew the motion; Mayor Hamilton withdrew the second. Patrick Doogan Mr. Doogan stated he was General Manager of 4437 Twain Avenue the Aztec Bus Lines and stated it was per- San Diego f¢ctly clear to him, at the meeting of June 27, that the City Manager's recommendation was for a two-year contract and it was accepted unanimously by this Council. He does not, how- ever, object to having a one-year contract with the two-year option. Mr. Doogan pointed out that there is a 90-day termination clause in the agreement. Motion for recess It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that a recess be called so that the City Clerk could get the minutes of the meeting and clarify the action of the Council. Recess A recess was called at 10:13 p.m., and the meeting reconvened at 10:17 p.m. First Amendment to It was moved by Councilman Hobel and seconded resolution by Councilman Egdahl that the agreement be amended as follows: Section 18 - Term of Agreement should read: "The term of this ag2eement shall be for a period of one year, commencing July 1, 1972, and terminating on June 30, 1973." Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Egdahl, Scott Noes: Councilmen Hamilton, Hyde A~sent: None Second Amendment to It was moved by Councilman Hyde, seconded by resolution Councilman Egdahl and unanimously carried that the first three sentences of the second paragraph of Section 10 - (Payment agreement and sharing of fare revenues) be deleted. Section 2 - Vehicles to be Councilman Hobel asked that the reference to Provided and Storage having the vehicles clearly marked and iden- Thereof tified as the Chula Vista Intra-City Bus Service be adhered to. Report of Council action City Clerk Fulasz reported that the Council's action at the meeting of June 27 was to accept the City Manager's report. - 11- City Manager Thomson explained that his report stressed the financing. It did state that the vendor was willing to accept a two-year lease; however, from discussion at the meeting, he concurred it was Council's desire that a one-year contract be made. The Resolution was offered by Councilman Resolution offered Hobel as amended and the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None RESOLUTION NO. 6534 - City Attorney Lindberg explained that this APPROVING AGREEMENT BETWEEN new agreement provides that the City of Chula CITY OF CHULA VISTA, EL RANCHO Vista will notify the School District if a DEL REY AND SWEETWATER UNION request for the issuance of building permits HIGH SCHOOL TO PROVIDE FUNDING is submitted without proof that a bond in the FOR STUDENT EDUCATIONAL NEEDS amount of $63,000.00 has been deposited with the School District. Resolution offered Offered by Com~cilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION - As directed by the City Council at the meeting REQUESTING SAN DIEGO COUNTY of July 11, 1972, this resolution states that BOARD OF SUPERVISORS TO RECOGNIZE in order to provide a more rational pattern of THOSE COUNTY AREAS BORDERING THE growth and development and a greater equity CITY OF CHULA VISTA WHICH WOULD for all parties concerned, the Council is BE CONSIDERED TO BE WITHIN THE requesting that the Board of Supervisors SPHERE OF INFLUENCE OF CHULA VISTA define, recognize and adopt those areas which are clearly interdependent and unrelated with the City of Chula Vista and accept in those areas the regulations, policies and ordinanc~of the City of Chula Vista. Assistant Director of Planning Williams stated that the staff is working out a sphere of influence study, and asked that this resolution be deferred until the staff can meet with the County and give them a recommendation as to what that sphere of influence should be. Motion for two-week continuance It was moved by Councilman Hobel and seconded by Councilman Egdahl that a two-week deferral be granted. The motion carried by the following vote,to-wit: AYES: Councilmen ttobel, Hamilton, Hyde, Egdahl Noes: Councilman Scott Absent: None RESOLUTION - It was moved by Councilman Egdah], seconded by APPROPRIATING FUNDS FOR Councilman Scott and unanimously carried that INTERNATIONAL FRIENDSHIP COM- this resolution be filed. MISSION'S PROJECT TO SEND STUDENTS TO I RAPUATO, MEXICO - 12 - CONGRATULATORY LETTER TO The Human Relations Commission is requesting NATIONAL CITY MAYOR AND CITY permission to send a letter of congratulations COUNCIL FOR JOINING THE to the National City government officials for SAN DIEGO COUNTY HUMAN joining the San Diego County Human Relations RELATIONS CO~ISSION Commission. Permission granted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that permission be granted. COUNCIL DETERMINATION ON APPEAL Assistant Director of Planning Williams ex- OF CALDWELL AND KEYES OF plained that by direction of the City Council, PLANNING COMMISSION DENIAL OF this matter has been rescheduled for this REQUEST FOR CONDITIONAL USE meeting. PERMIT TO CONSTRUCT THREE SINGLE-FAMILY DWELLINGS IN At the Council meeting of July 18, 1972, the FLOOD PLAIN DISTRICT, R-E-D-F public hearing was held and subsequently closed. The Planning Commission has recommended a denial of the conditional use permit. Edward Lytle Mr. Lytle explained that the Council directed Public Works Agency him, two weeks ago, to pursue actively and County of San Diego seek an early solution to the options which the County was attempting to make with the property owner, Mr. Zinzer. The Real Pro- perty Division of the County contacted Mr. Zinzer and his attorney - the outcome was that Mr. Zinzer was not interested in any option. The Board of Supervisors today in- structed County Counsel to pursue the ne- cessary steps to acquire the property through eminent domain and condemnation. City Attorney's opinion City Attorney Lindberg stated that in light of this information, the Council should sus- tain the denial of the Planning Commission decision in order to clear the way for action by the County. Mr. Lindberg noted the claim against the City which was received today by Hr. Robert Zinzer. He asked that any action on the claim be de- ferred until he could talk to the attorneys in the County regarding their action. Motion for denial of appeal It was moved by Councilman Scott and seconded by Councilman Hyde that the appeal be denied. Motion carries Motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None Motion regarding condemnation It was moved by Councilman Scott, seconded by proceedings Councilman Hyde and unanimously carried that the staff keep the City Council apprised of the condemnation proceedings, and if, at any time, the condemnation proceedings are dropped by the County, this will be brought to the attention of the County. Further, that it will be brought to the Council without the usual fees of appeal. ORDINANCE NO. 1408 This ordinance was placed on its first reading RELATING TO EMERGENCY ORGANIZATION on July 25, 1972. It involves the California AND FUNCTIONS - SECOND READING AND Emergency Services Act which replaces the ADOPTION California Disaster Act of 1950. - 13- Ordinance placed on second reading It was moved by Councilman Egdahl that this and adopted 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 Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None STATUS REPORT ON ORDINANCE Director of Planning Warren submitted a REGULATING PARKING LOT AND draft of Temporary Outdoor Sales regulations. SIDEWALK SALES - DIRECTOR }te stated that although the Zoning Ordinance OF PLANNING prohibits the sale or outside display of merchandise in ail commercial zones, this re- gulation has proven to be unenforceable. Referred to Planning Commission It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the draft for Temporary Outdoor Sales regulations be referred to the Planning Com- mission, and the report be accepted. STATUS REPORT ON MODIFICATIONS Director of Planning Warren submitted a TO THE SIGN ORDINANCE - written report regarding the meeting he and Associate Planner Lee attended of the Broadway Association. Nothing was resolved at the meet- ing, with the members present stating they would pursue the issue with a goal of compiling those changes to the total ordinance which they felt were necessary to make it workable, and they would meet in the absence of any staff or sign representative. Mr. Warren submitted the amendments to the Zoning Ordinance which the staff wishes to have considered, among them being the establishment of a Design Review Board. Referred to Planning Commission It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that these amendments be referred to the Planning Commission, and the report be accepted. REQUEST FOR COUNCIL COMMENTS - Mayor Hamilton referred to the letter from the SWEETWATER RIVER FLOOD Board of Supervisors requesting comments from CONTROL PROJECT the Council. Motion for Council support It was moved by Mayor llamilton, seconded by Councilman Scott and unanimously carried that a resolution be brought back which will be forwarded to the Board of Supervisors stating that the Council supports the concept that the Sweetwater River Flood Control channel follow the natural river bottom and not extend past Interstate 805. BAYFRONT STUDY Councilman Scott asked when this will be before the Council for final decision. Mayor Hamilton commented that the Director of Planning stated it would probably be the end of this month. Councilman Scott noted the moratorium existing on these properties and remarked that the matter should be brought to the Council next week, if possible. Mr. Williams, Assistant Director of Planning, stated he would contact Mr. Warren, the Director of Planning, to determine this date. - 14 - Agenda item Mayor Hamilton asked the City Clerk to make this an agenda item for the adjourned regular meeting to be held tomorrow (August 2, 1972). BIKE RACKS IN SHOPPING CENTERS Councilman Hobel asked about the status of this report. City Manager Thomson stated that the Parks and Recreation Department staff has been working on this, and a status report will be submitted to the Council at the next meeting. COMMUNITY RECOGNITION DAY Councilman Hyde referred to the report sub- mitted to the Council by Paul Bissonnette, Administrative Trainee. Motion to proceed It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted and that Mr. Bissonnette be directed to make agreements with Mr. Agee of THE GLENN for this event on October 13, 1972. Determination and type of awards Councilman Hyde asked for Council's con~ents concerning the type and determination of the awards to be presented, so that final plans can be made. JOINT POWERS AGREEMENT - CPO In answer to Councilman Hyde's query, City Attorney Lindberg stated this will be on the Council agenda for August 8, 1972. WRITTEN COMMUNICATIONS Resignation of Edward H. Potter - Mr. Potter has submitted his resignation from Safety Commission the Safety Commission stating he now resides in the City of San Diego. Resignation accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the resignation of Mr. Potter be accepted, and a letter of thanks be sent to him express- ing the Council's appreciation of his services on this Commission. Resolution for Kyle O. Stewart Councilman Hobel suggested that the Council present Mr. Stewart with a plaque along with the resolution. Mayor Hamilton stated that this is being done. Request to hold Annual Art & Mr. Ken Wessel, President, Downtown Association, Craft Sidewalk Festival - is requesting permission to hold the Annual Chula Vista Downtown Association Art & Craft Sidewalk Festival on September 21, 22 and 23, 1972. Permission granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that permission be granted. Request for paving of portion of See page nine for discussion of this item. C Street - Mr. & Mrs. Dewey E. Mitchell 10 Second Avenue 15 - Request of McAlpine Construction Mr]~ S~eve Atherton, Area Manager, is again Company for a rehearing on the requesting a rehearing on the completion completion date for Tennis Courts - date for the tennis courts and auxiliary Southwestern College buildings at Southwestern College and payment of a change order regarding the installation of a footing and expansion joint under the tennis court slab. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the request be referred to staff for recom- mendation. Request for comments regarding See page 14 for discussion of this item. Sweetwater River Flood Control Project - Board of Supervisors Request to rescind Resolution No. 6317 Mr. Peter Shenas, Attorney representing Mr. Frank Ferreira, has sent in a draft of a resolution which he is requesting be approved by the City Council rescinding Resolution No. 6317. This resolution stated that the wall constructed at 279 Eucalyptus Court contained broken bottles and constituted a nuisance. Mr. Shenas claims that the broken glass was intended to be used as sleeves for an iron railing to be placed on top of the subject wall, and this has subsequently been done. They are now asking for the resolution to be rescinded. Letter filed It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the letter be filed. CLOSING OF PORTION OF C STREET Director of Public Works Cole reported that C Street, from Date to Fifth Avenue will be closed for one day next week. Traffic will be detoured to other streets. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report be accepted. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:56 p.m. to the meeting scheduled for Wed- nesday, August 2, 1972 at 3 p.m. in the Council Chamber. City Clerk - 16 -