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HomeMy WebLinkAboutcc min 1972/07/25 MINUTES OF A REGULAR MEETING OF TtlE CITY COUNCIL OF TIlE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday July 2S, 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: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren 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 ~de and unanimously carried that the minutes of the meeting of July 18, 1972, be approved. INTRODUCTION OF GUEST CO~ISSIONER Mayor Hamilton introduced Mr. Jack Unger, member of the International Friendship Commission, as guest commissioner for this meeting. QUARTERLY FINANCIAL REPORT - Mr. K. Niek Slijk, Executive Vice-President, CHULA VISTA CH~BER OF COMMERCE presented the Council with the quarterly financial statement. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. PRESENTATION BY MARIE HITCHCOCK, Mrs. Hitchcock presented her puppet, SAN DIEGO'S "PUPPET LADY" Sergeant Friendly, explaining that his assignment is to establish friendly relations between the children of San Diego County and the police. The Council and audience joined in chorus as Sergeant Friendly sang "Be Kind to the Police." PROCLAM&TION - BICYCLE WEEK: Mayor Hamilton presented Mr. Emerson Hall, JULY 30 THROUGH AUGUST S, 1972 Director of Parks and Recreation, with a proclamation declaring the week of July 30 through August 5, 1972 as Bicycle Week in the City of Chula Vista. Kathryn Moore Mrs. Moore stated she visited Loma Verde 1134 Tobias Drive Recreation Center for the first time last week and felt it was one of the finest centers she had ever seen. PUBLIC HEARING - Director of Planning Warren explained that CONSIDERATION OF REVISION TO the Planning Commission recently considered GENERAL PLAN TO DELETE A SPECIFIED a tentative map for a forty acre parcel SCHOOL AND PARK SITE AND located south of East J Street. The map DESIGNATE RESIDENTIAL FOR AREA was not in conformance to the General Plan; therefore, the Commission could not approve it, according to State law. The Chula Vista City Elementary School Dis- trict has requested elimination of the need for the school site indicated in this area stating it will ex?and its service area for the ttalecrest School to meet this need. The Planning Commission recommends an amendment to the General Plan deleting the school and park site and designating the area as medium density residential. City Attorney's opinion City Attorney Lindberg discussed the existing amendments to the Subdivision Map Act and the demand that the subdivi- sion map be rejected if open space or park land is prescribed on the General Plan. The City of Los Angeles has held that these provisions are not applicable to them, as a Charter City, and they do not have to adhere to a precise location for open space -- it can be within the area. Density discussed In answer to Councilman Hyde's query, Director of Planning Warren explained that if the Council places the property in a low density, and the Hillside Grading Ordinance is adopted, it would place the forty acres in the middle of an area of medium density that would be placed on it regardless of topography. 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. RESOLUTION NO. 6521 - Offered by Councilman Hobel, the reading REVISING THE CHULA VISTA of the text was waived by unanimous con- GENERAL PLAN TO DELETE sent, passed and adopted by the following SPECIFIED SCHOOL AND PARK SITE vote, to-wit: SOUTH OF EAST J STREET AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None PUBLIC HEARING - Director of Planning Warren explained that CONSIDERATION OF ~2qENDMENT the present requirement in the Zoning TO ZONING ORDINANCE RELATING Ordinance is for an issuance of a condi- TO ADMINISTRATIVE PROCEDURE tional use permit prior to any construction FOR USES PERMITTED IN F FLOOD in the F Flood Plain Restrictive District. PLAIN RESTRICTIVE DISTRICT A survey of other cities in the County reveals that this City is the only one requiring a public hearing or any fees to authorize a use in this district. The Planning Commission recommends that the Ordinance be amended to have the Zoning Administrator consider the conditional use permits rather than the Planning Commission. The applicant would have the right of appeal to the Planning Commission. Mr. Warren then requested a continuance of one week on this hearing, in order for the staff to clarify the matter of fees. ORDINANCE A~NDING SECTIONS It was moved by Councilman Scott, seconded 33.601 AND 33.1302B OF THE CITY by Councilman Hobel and unanimously carried CODE REVISING ADMINISTRATIVE that the public hearing be continued for PROCEDURE FOR USES PERMITTED one week IN THE FLOOD PLAIN RESTRICTIVE DISTRICT - FIRST READING ORDINANCE NO. 1408 In a report to the Council, the City Manager RELATING TO EMERGENCY explained that the present ordinance was ORGANIZATION AND based on a model ordinance provided by the FUNCTIONS - FIRST State of California from provision in the READING California Disaster Act of 1950. This Act has now been replaced by the California Emergency Services Act. The new Act retains the substance of the old Act streamlining its provisions; terminology and wording is changed and it incorporates into law interpretations by the Attorney General on some provisions of the old Act. Ordinance placed on first reading It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6522 The proposed amendment merely alters the APPROVING SECOND AMENDMENT terminology of the agreement to conform TO CIVIL DEFENSE AND with the California Emergency Services Act DISASTER AGREEMENT of 1970. 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. 6523 City Attorney Lindberg reported that the AUTHORIZING APPROPRIATE County Counsel has requested this City to COUNTY OFFICERS TO CANCEL adopt a resolution which would authorize UNCOLLECTED TAXES PURSUANT routine cancellations of uncollected ad TO REVENUE AND TAXATION CODE valorem taxes by County officers, pursuant to Section 4986 of the Revenue and Taxation Code. ~4r. Lindberg reviewed the Sections of the Revenue and Taxation Code relating to this matter stating that the Board of Supervisors has authorized certain County officers to perform on its behalf any act to be performed by the Board concerning corrections, cancellations and refunds. Mr. Lindberg added that normally it would be the County Assessor, Tax Collector or Auditor who reviews the situation and makes the judgment. 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. 6524 Director of Public Works Cole reported ACCEPTING PUBLIC IMPROVEMENTS that the improvements have been completed IN APOLLO SUBDIVISION, UNIT NO. 2 by the subdivider in accordance with the original agreement dated April 20, 1971. The subdivision consists of 166 lots located on Melrose Avenue just south of East Rienstra Street. A final inspection was made on July 19, 1972, and it is recommended that the City Council accept fhe public'improvements. 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. 6525 Director of Public Works Cole explained GRANTING EXTENSION OF TIME that, under the present contract, the ON CONTRACT FOR INSTALLATION contractor was to commence work on OF GRAVITY SEWER IN C STREET May 30, 1972 and complete the work on AND FIFTH AVENUE July 31, 1972. An extension of thirty days is being requested due to (a) water problem; (b) unstable material; (c) delays due to bracing of power poles by San Diego Gas and Electric Company; (d) inability to locate special material needed to complete hook-up to manhole #5O. Mr. Cole reviewed the problem areas and stated it would be his recommendation to approve a twenty-three day extension. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6526 City Attorney Lindberg explained that the APPROVING AGREEMENT WITH Council has previously allowed the use of COMMUNITY HOSPITAL OF its eminent domain for the purpose of CHULA VISTA RELATIVE TO acquiring a public street right-of-way ACQUISITION OF STREET to provide access to the Community RIGHT-OF-WAY TO BE KNOWN Hospital site. AS BRANDYWINE AVENUE This resolution approves the agreement with Community Hospital providing for total financial responsibility as well as selection of an attorney and appraiser in the event of any active pursuit of the condemnation. 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, Hyde Noes: None Absent: None RESOLUTION NO. 6527 By this resolution, the City Council DETERMINING AND DECLARING allows the use of its eminent domain for PUBLIC NECESSITY OF ACQUIRING the purpose of acquiring a public street RIGHT-OF-WAY FOR PUBLIC STREET right-of-way which will provide necessary PURPOSES AND AUTHORIZING THE access to the Community Hospital site as COMMENCEMENT OF CONDEMNATION well as an extension of the public street PROCEEDINGS TO ACQUIRE STREET system of the City of Chula Vista. RIGHT-OF-WAY 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, Hyde Noes: None Absent: None RESOLUTION NO. 6528 This resolution requests the consent of the REQUESTING THE COUNTY BOARD OF Board of Supervisors of the Count7 of San SUPERVISORS TO CONSENT TO Diego to action by the City of Chula Vista ACQUISITION THROUGH CON- in condeming right-of-way in the unincor- DEMNATION PROCEEDINGS OF porated territory of the County of San Diego, CERTAIN STREET RIGHT-OF-WAY since a substantial portion of the proposed DESIGNATED AS BRANDYWINE right-of-way is located within the unincor- AVENUE BY THE CITY OF CHULA porated territory of the County. VISTA 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, Hyde Noes: None Absent: None REQUEST FOR AUTHORIZATION In a report to the Council.the Director of Public TO CALL FOR BIDS FOR Works reported that both projects are currently WIDENING OF HILLTOP DRIVE FROM budgeted under the Gas Tax program. He re- PALOMAR TO NORTH OF ORANGE commended that both projects be advertised AVENUE AND PALOMAR STREET FROM under one contract: (1) they can be constructed THIRD AVENUE TO HILLTOP DRIVE for less money under one contract; (2) they are adjacent to each other; (3) both projects entail the same items of work. The amount of $200,500 has been budgeted for the two projects - $7000 of the cost for widening Palomar Street will be paid for by the County of San Diego. Authorization granted It was moved by Councilman Hyde seconded by Councilman Egdahl and unanimously carried that authorization be granted to call for bids. REQUEST FOR AUTHORIZATION TO Director of Public Works Cole reported that CALL FOR BIDS FOR INSTALLA- the three projects are currently budgeted TION OF TRAFFIC SIGNALS AND under the Gas Tax program. It is recommended IMPROVEMENT OF INTERSECTIONS that the three projects be advertised as one AT BROADWAY AND H STREET, contract since (1) they are identical in BROADWAY AND E STREET, AND nature, involving the installation of traffic FOURTH AVENUE AND C STREET signals and construction of street improve- ments (2) the three projects can be con- structed for less money under one contract. Approximately $183,700 has been budgeted for the three projects - the Engineer's estimated cost is $144,000. Authorization granted to call It was moved by Councilman Ifyde, seconded for bids by Councilman Egdahl and unanimously carried that authorization be given to call for bids. REQUEST TO MOVE SALES OFFICE The Building and Housing Department reported BUILDING FROM 60 BROADWAY that the building was inspected and recommends TO 71 BROADWAY approval subject to twelve requirements of the Building Code. The Planning Commission approved the building as being compatible with the surrounding area and recommends its relocation subject to upgrading the paving on the property and removing a nonconforming sign. - 5 - Approval granted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that approval be granted to the relocation of the building from 60 Broadway to 71 Broadway. REQUEST FROM ENVIRONMENTAL This matter was referred back to the ECC by CONTROL COMMISSION PERTAINING the Council at the meeting of June 13, 1972 TO IMPLEMENTATION OF SCENIC for further definition. The ECC states CORRIDOR ZONING that the intent was the recommendation that implementation of scenic corridor zoning be considered in general for any area that appears feasible, asking that the Council make this request to the County Comprehen- sive Planning Organization Goals Committee staff. The ECC has reviewed and endorsed background work on a possible Otay Lakes Road Scenic corridor. Referred to Planning It was moved by Councilman Hyde, seconded Commission and staff by Councilman Scott and unanimously carried that this matter be referred to the Planning Commission and staff for recommendation. REPORT FROM CITY PLANNING Director of Planning Warren submitted a plat CO~ISSION FOR REZONING noting the location of the property as the PROPERTY LOCATED EAST OF west side of Albany Avenue, north of Main ALBANY AVENUE BETWEEN TREMONT Street adjacent to the 0tay School site and AND MONTGOMERY STREETS FROM comprising four acres. The Planning Com- I-L TO R-1 mission recommended rezoning from I-L to R-1 stating that since the school district intends to develop the adjacent site, in- dustrial zoning for this site is improper, in the event the property is not developed as a park. At the meeting of June 27, 1972, the Council concluded that the property should remain in the I-L zone. The Planning Commission reconsidered the matter and again recommends that the pro- perty be rezoned to R-1. Report filed It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report of the Planning Commission be filed. ORDINANCE NO. 1405 This ordinance had its first reading on REZONING 4.69 ACRES July 18, 1972, with the notation that LOCATED ON WEST SIDE OF the retaining walls be taken into con- BROADWAY, SOUTH OF H sideration. STREET, FROM C-T AND R-3 TO C-T-P - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman ltobel that this reading 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, Hyde, Egdahl, Scott Noes: None Absent: None - 6 - ORDINANCE NO. 1406 TI~e property consists of approximately REZONING PROPERTY LOCATED 122 feet by 159 feet. The ordinance had EAST OF AND ADJACENT TO its first reading on July 18, 1972. 619 BROADWAY FROM R-1 TO C-T-P - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that reading 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, Hyde, EgdahI, Scott Noes: None Absent: None ORDINANCE NO. 1407 Following a public hearing on July 18, 1972 REZONING PROPERTY LOCATED this ordinance was placed on its first IN THE 900 BLOCK OF INDUSTRIAL reading, noting the acreage change from BOULEVARD FROM I TO I-L - 3.5 to 3.75. SECOND READING AND ADOPTION Ordinance placed on second reading It was moved by Councilman Hobel that 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, Hyde, Egdahl, Scott Noes: None Absent: None REQUEST TO CLOSE OFF STREET Acting City Manager Bourcier asked for permission to close off the north side of Park Way on Sunday, July 30, 1972 from 11:00 a.m. to 6:00 p.m. for the Community Bike Ride program. Permission granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that permission be granted. CHANGE OF CONFERENCE DATE Mayor Hamilton announced that the scheduled Council Conference for Friday, July 28, 1972, at 7:30 p.m. to discuss the Hillside Grading Ordinance has been changed to Monday, July 31, 1972 at 3:00 p.m. FUNDS FOR IRAPUATO TRIP Mayor 8amilton requested that the Council appropriate the amount of money which the International Friendship Commission needs to complete their funds for the Irapuato trips for the students. Resolution to be brought It was moved by Councilman Scott, seconded back by Councilman Hyde and unanimously carried that a resolution be brought back at the next meeting appropriating the necessary funds. DRAFT OF COMPREHENSIVE PLANNING Councilman Hobel commented that the Council ORGANIZATION AGREEMENT has received copies of the joint powers agreement. After reviewing it, the Council should act to ratify the agreement; this will have to be done by the fifteenth of August. UNIFIED PORT CO~qlSSION - Mayor Hamilton referred to the minutes of PARK LANDS the Board of Port Commissioners - July 11, 1972 in which they directed their staff to draft a position statement relative to the Chula Vista Planning Commission recommendations. They indicated they had no objections to parks, "so long as the City of Chula Vista leases from the District those tidelands developed for parks and that the City maintain these parks." Mayor Hamilton commented that the City does not need to lease land which it owns, and that it is the duty of the Port Commission to maintain their own lands and facilities. Motion to take position It was moved by Councilman Scott and seconded by Councilman Hobel that the Council take a position contrary to their position paper. Councilman Hyde felt the Council should not act on the minutes of the Port Commission, but should wait for something more concrete. Motion withdrawn Councilman Scott withdrew his motion and Councilman Hobel withdrew his second. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff be directed to look into this matter -- whether a position paper is, in fact, being drawn up -- and report back to the Council. ASPHALT ISLANDS Councilman Hobel discussed the situation on the E Street overpass in the vicinity of the railroad traffic signals that have been covered with asphalt, instead of some possible type of landscaping. He compared this with the situation at Telegraph Canyon Road, next to the shopping center, which island was covered Wilh asphalt and now has weeds growing up through it. Staff to investigate It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously car- ried that the staff be directed to investi- gate these asphalt islands, especially the ones on E Street and H Street overpasses to see if a possible green belt could be put in rather than the massive pieces of asphalt. LANDSCAPED B~DIAN ISLANDS Councilman Hyde discussed the report sub- mitted by the City Manager on May 22, 1972 in which he recommended against the construction of landscaped median islands on E, H and L Streets, and instead, line the streets with large trees, and then eliminate the overhead utility wires. This would enhance the appearance of the streets. Councilman Hyde remarked that the Council accepted the report, but no direction was given the staff. - 8 - Staff directed to It was moved by Councilman Hyde, seconded proceed with landscaping by Councilman Scott and unanimously car- plans ried that the staff be directed to pro- ceed with plans for appropriate land- scaping on E, H and L Streets, as suggested by the City Manager in his memo dated May 22, 1972, on the subject of landscaping the approaches to the freeway. UNDERGROUNDING PROJECTS In answer to Councilman Scott's inquiry, Director of Public Works Cole reported that the Undergrounding Utilities Committee met and will have a report to the Council concerning the next undergrounding project. The reason the report is not ready now is because San Diego Gas and Electric Company is making some refinements in their estimates, so that recommendations can be made as to the allocations of funds for the next four and five years. ORAL CO~I~UNICATIONS It was moved by Councilman Ityde and seconded by Councilman Hobel that "Oral Communications" be scheduled both at the beginning and at the end of the Council meetings. Councilman Scott discussed the fact that this Council is very liberal in allowing the public to speak at every opportunity during a Council meeting. Councilman Egdahl felt it should be left to the discretion of the Mayor since some meetings are quite lengthy. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Egdahl Noes: Councilmen Scott, Hamilton Absent: None BAYFRONT STUDY Councilman Hyde questioned whether a date has been set for Council action concerning recommendations on the Bayfront Study. Director of Planning Warren stated he is having a meeting with Mr. Fred Trull of the Port District tomorrow, July 26, 1972. Mayor Hamilton asked Mr. Warren to report to the Council either at the Council Conference scheduled for July 26, or the Council meeting of July 27, 1972. WRITTEN COMMUNICATIONS Verified claim for damages - Mr. James W. Willis, Sr., 711 Elm Avenue, James W. Willis, Sr. has filed a verified claim for damages in the amount of $193.00. He states that a tree fell on his parked car at a curb approximately 75 feet south of J Street, east side of Elm Avenue. The date of the alleged incident was July 6, 1972 at 12:30 p.m. Claim denied It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the claim be denied. Resignations of m~mbers The following commissioners have indicated of City's Boards and they do not want to be reappointod: Commissions John Klock - Youth Commission Linda Key - Youth Commission Gayle McCandliss - Youth Commission Richard Gac - Youth Commission Carol Taylor - Youth Commission Robert Johnson - Parks & Recreation Commission Herb Lathan - International Friendship Commission H. E. Henderson - Library Board Anthony Maio - International Friendship Commission Resignations accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously car- ried that the resignations be accepted and a letter of thanks be sent to each commis- sioner expressing the Council's appreciation of their services on the various commissions. Request of permission to Mrs. Barbara Furce, 1764 Gotham Street, close portion of Gotham requests permission to close that portion Street - Mrs. Barbara Furce of Gotham Street between Tulane Avenue and Cornell Avenue on Saturday, August S, 1972, from 4:00 p.m. to 12:00 midnight for the purpose of having a block party. Request granted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously car- ried that this request be referred to staff, and if possible, permission be granted if there is no conflict with the Police Department. Resignation of Kyle O. Stewart - Mr. Kyle 0. Stewart, member of the Planning Commission Planning Commission, has submitted his resignation stating he now wishes to devote more of his time to activites of the retired way of life. Mr. Stewart cites his twenty years of service in City planning and his service on other governmental commissions. Resignation accepted It was moved by Councilman Hobel, seconded and resolution to be by Councilman Scott and unanimously car- brought back ried that the resignation be accepted and a letter sent to Mr. Stewart expressing the Council's appreciation for his services to the City. Also, that a resolution be brought back to the next meeting commending Mr. Stewart on his community semrices. Community Award Recognition Councilman Scott suggested Mr. Stewart's name be submitted to the Committee to receive a special award at the Community Recognition Banquet. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:00 p.m. to the meeting scheduled for Wednesday, July 26, 1972 at 3:00 p.m. dY" -- City tClerk / - 10-