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HomeMy WebLinkAboutcc min 1971/09/07 (2) MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 7, 1971 A regular meeting of the City Council of Chula Vista, California, was held on the above date, beginning at 7 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, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren, Senior Planner Williams, Assistant Director of Public Works Roberts 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 Hyde, seconded by Councilman Scott, and unanimously carried that the minutes of the meetings of August 20, 24 and 25, 1971, be approved, copies having been sent to each Councilman~ GUEST CO~9~ISSIONER Mr. Mason Baity, member of the Board of Appeals, was guest commissioner for this meeting. PUBLIC HEARING (continued) - This hearing was continued from the meetings of ZONING ADDITIONAL PROPERTIES July 20 and August 24, 1971. It involves the TO P-C AND CONSIDERATION OF zoning of P-C of approximately 260 acres of AMENDMENTS TO THE GENERAL property surrounded by the E1 Rancho del Rey DEVELOPMENT PLAN FOR EL development, and not owned by the Otay Land RANCHO DEL REY Company. Also under consideration are miscel- laneons amendments to the previously approved General Development Plan. Director of Planning Warren explained the modifi- cations made to the General Development Plan. Public hearing opened Thie being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Mr. Joseph Hindone, Super- Mr. Rindone discussed the site proposed for a intendent~ Sweetwater Union junior high school indicating it was agreeable High School District to them, but they would prefer the location to be moved across the road to the east. They are asking for a minimum of three school sites in this development, based on an input of 35,000 people which will mean 17~500 school children. Mr. George Shibata, Attorney Mr: Shlbata stated he is representing Gladys Koven 17955 Beach Boulevard on whose property two school sites are being pro- Huntington Beach, California posed. Mr. Shibata noted their objections to the plan~ indicating if the problems are not solved, they would ask to be omitted from the Planned Co~=aunlty. He further stated that the school sites, where located, leave something to be de- sired; it leaves some of the parcels landlocked; the sites are situated as such that remaining parcels are left which cannot be used and would, perhaps, have to be purchased by the school dis- tricts, thereby adding to the cost of the school sites. Mr. Wally Nickel Mro Nickel stated he is a planning consultant and 12801 Del Rey Drive an environment specialist. He is representing Santa Ana~ California Miss Gladys Koven and her sister, the Michael's property and the Bennett's property. Nr. Nickel gave a lengthy presentation discussing the cir- culation (collector streets); the school locations; the commercial land uses in the area; and the planned unit development. Mr. Nickel stated that the development plan appears to provide for the 0tay Land Company "good circula- tion, good location, good density, and good exposure, while denying all these things to most other property owners and public uses." Motion for continuance Councilman Scott moved for a continuance in view of the testimony given by Mr. Nickel, since this is the first time the staff has seen this plan. Councilman Egdahl seconded the motion. Councilman Hyde felt more testimony should be heard before moving on the continuance. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Scott, Egdahl NOES: Councilmen Hobel, Hamilton, Hyde Absent: None Recess A recess was called at 8:55 p.m., and the meeting reconvened at 9:10 p.m. Mr. Ron Calhoun, Vice-President Mr. Calhoun discussed the many meetings held with the Planning staff since the approval of the original plan. As to the junior high school site, as dis- cussed, this is the first time they have heard of the desired change in location. Mr. Calhoun de- clared that his firm had originally proposed the school site on the location nOw desired by Mr. Rindone. To change it now would be costly and time-consuming. Mr. Calhoun then referred to Mr. Nickel~s testimony, declaring it to be based on erroneous facts, libelous and unprofessional. He then reviewed some of the accusations made by Mr. Nickel explaining the reasoning behind the land use and street alignments. Mr. Calhoun spoke in favor of the postponement so that he ~ould work with staff and property owners on these problems. Mr. James Bennett Mr. Bennett stated he owns ten acreas in this area Telegraph Canyon Road which is partially designated for a high school site at this time. He objected to the fact that no one consulted with the private property owners before including these properties in the development plan. Mr. M. Finley Mr. Finley expressed concern over the proposed 623 Telegraph Canyon Road alignment of Telegraph Canyon Road. Mayor Hamilton asked him to contact Mr. Cole, Director of Public Works. Mr. George Shibata, Attorney Mr. Shibata explained that it was not the intent of Mr. Nickel to cast any inuendoes around--he was wanted to point out the mistakes in the plan, as he saw it. City Attorney's opinion Mr. Lindberg, referring to the testimony presented by Mr. Nickel~ stated that the allegations made by Mr. Nickel: that people in the area were deprived of the full knowledge of the activities of the Planning Co~mnisslon, staff, and Council were totally erroneous. This matter has been going on for over two years, and has received more publicity than any other matter in the City. Mr. Lindberg considered the remarks made Mr. Nickel clear innuendoes, the staff was vilified, and he personally was quite offended by the remarks. -2- Mr. Bruce H. Warren Mr. Warren answered some of the charges made by Director of Planning Mr. Nickel. He felt sorae of the cormnents made were worth investigating and would welcome the opportunity to work these out. Report made part of record Councilman Scott asked that Mr. Nickel's report be made part of the record. Motion for continuance It was moved by Councilman Scott, secc~ded by Coun- cilman Hyde, and unanimously carried that the fol- lowing items be continued to the meeting of October 5, 1971: Public hearing and Ordinance - Zoning Additional Properties of E1 Rancho Del Rey to P-C - First Reading Resolution - Approving amended General Development Plan for E1 Rancho Del Rey Resolution - Approving tentative maps of E1 Rancho Del Rey Subdivision, Units Nos. 1 and 2 PUBLIC HEARING - CONSIDERATION At the suggestion of the City Attorney, these two OF REVISION OF ZONING ORDINANCE items were considered together. TO DELETE PROVISION FOR ADVER- TISING SIGNS AND BILLBOARDS The hearings provide for the banning of outdoor advertising structures from the City of Chula Vista. PUBLIC HEARING (continued) - This refers to offsite advertising signs and other CITY'S INTENTION TO BAN OR community promotion signs as approved by the City PROHIBIT ALL OUTDOOR ADVERTISING Council. DISPLAYS WITHIN CITY OF CHULA VISTA Public hearings opened This being the time and place as advertised, Mayor Hamilton declared the public hearings opened. Mr. Edward Date, representing Mr. Date commented that this proposed ordinance is Foster & Kleiser just an extension of that now on the books. He 1550 West Washington Boulevard stated there were regulations that could control Los Angeles, California advertising which would be beneficial to both the community and the advertisers. He would like the opportunity ~o work with the staff on these regulations. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Amortization period questioned Councilman Scott discussed the 10-year amortization period imposed on the original ordinance two years ago. He commented that most cities that have this ordinance have a 5-year amortization period which he felt was sufficient. City Attorney's con~nents Mr. Lindberg explained the amortization section of the ordinance. He corranented that this section could be amended, if the Council so directed. Motion to study amortization It was moved by Councilman Scott, seconded by Council- man Egdahl~ that the staff be directed to look into the possibility of reducing the amortization period to a shorter period of time. The motion carried by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Nee s: None Absent: None -3- ORDINANCE NO. 126C - DELETING It was moved by Councilman Hyde that these two ADVERTISING STRUCTURES AND ordinances be placed on their first reading BILLBOARDS AS A PERMITTED USE - and that reading of the text be waived by unan- FIRST READING ious consent. The motion carried by the fol- f~ lowing vote, to-wit: ORDINANCE NO. 1~t - A~NDING AYES: Councilmen Hyde, Hobel, Hamilton, Scott, CITY CODE RELATING TO THE PROHIBITION OF OUTDOOR ADVER'- Noes: None TISING DISPLAYS FROM THE CITY Absent: None OF CHULA VISTA PUBLIC HEARING - CITY'S INTEN- Director of Planning Warren explained that this TION TO ESTABLISH PARK LAND hearing concerns a proposal to adopt a park land DEDICATION AND/OR IN LIEU FEE dedication or in lieu fee requirement as a condi- I~QUIREI~ENTS AS A CONDITION OF tion of new development. The park land dedication FINAL SUBDIVISION MAPS AND provision had previously been included in the ESTABLISHING A BEDROOM TAX ON proposed new subdivision ordinance, but was re- NEW CONSTRUCTION moved wheh the Council indicated its desire to have it apply to all new residential construction, whether or not a subdivision is involved. The new ordinance sets forth standards for the dedication of park land or the payment of in lieu fees for all new subdivisions and also establishes a residential construction tax to be utilized where a subdivision is not involved. These provisions would be placed in a City Code ~hapter entitled, "Environmental Improvement." Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Mr. Eugene York Mr. Yomk stated that his organization is not South Bay Improvement Organi- quarreling with the philosophy of the ordinance; zation they just believe there is a better way of doing E1 Cajon, California this. In discussing the fees, Mr. York declared that the ordinance does not show how this could be financed. They feel the ordinance should deter- mine what public facilities the developer will be required to pay for or finance, and that the necessary fees on a per unit, per bedroom, or per acre basis, or a combination of these -.that the City or other governmental agency involved (school districts) be, with the help of the City, allowed to collect these fees through a reservation pro- cess, at fair market value. Mr. York referred to a letter submitted to the Planning Department concerning this. Director of Planning, Mr. Warren commented that he was not aware of any Bruce H. Warren letter, and suggested a continuance of this matter so that he could review the comments made by Mr. York. Mr. Jerry Linton Mr. Linton stated he is a member of the South Bay American Housing Guild Improvement Organization. They feel there are San Diego, California basic inequities in the ordinance and would like a chance to discuss them with the staff Mrs. Gary Krueger Mrs. Krueger stated the League opposes any granting League of Women Voters of credit toward the public park fee provisions of the ordinance for private facilities of any sort. Parks and open space constitute a factor in the community that is every bit as important as the schools, and the League feels that no one should be allowed to credit anything that is not open for public access. -4- Letter received City Clerk Fulasz stated she received a letter from Mrs. Krueger dated September 3, 1971, reflecting the cormnents just given. Councilman Scott asked that this letter be made a part of the record. ORDINANCE - AMENDING CITY CODE It was moved by Councilman Hyde, seconded by Council- RELATING TO PROCEDURES FOR man Scott, that action be deferred on this matter ACQUIRING OR FINANCING THE until staff has had an opportunity to look over the ACQUISITION AND DEVELOPMENT OF recorm~endations reported by Mr. Eugene York, and to PARK LANDS AND OPEN SPACE - consider other matters relating to it. The motion First reading carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Hamilton, Scot~, Egdahl Noes: None Absent: None This report is due back to the City Council in 30 days. RESOLUTION NO. 6180 - ACCEPTING, The intersection modification includes the removal of DEDICATING, AND NAMING CORNER the existing 20' radius curb returns and the con- RADIUS AT NORTHEAST CORNER OF struction of 30' radius returns. To accommodate a BROADWAY AND H STREET 5' wide public sidewalk in the construction of the 30' radii, it is necessary to acquire dedication of a portion of each property on the four corners of the intersection. This resolution provides for City Council action accepting the grant deed, dedicating the property for public street purposes and naming the dedica- tion BROADWAY, 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, Hyde, Scott, Egdahl Noes: None Absent; None RESOLUTION NO. 6181 - The recent recordation of the final map of Apollo ACCEPTING SEWER EASEMENT IN Subdivision: Unit No. 2 requires the granting of a APOLLO SUBDIVISION, UNIT NO. 1 sewer easement across a portion of Lot 44 in Unit No. 1 in order to provide sewer service to Unit No. 2 and to provide for the construction and main- tenance of said sewer. 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, Hobel, Hamilton, Scott, Egdahl Noes: None Absent: None RESOLUTION NO. 6182 - This subdivision consists of 57 lots located in the ACCEPTING PUBLIC IMPROVEMENTS-- 300 block of East Palomar Street, 1200 block of CHULA VISTA GARDENS SUBDIVISION, Nacion Avenue and Pecan Place~ UNIT NO. 6 A final inspection was made and all of the public improvements in the subdivision have been completed to the satisfaction of the Director of Public Works. 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, Hobel, Hamilton, 9cott~ Egdahl Noes: None Absent: None -5- RESOLUTION NO. 6183 - This resolution involved the proposed vacation of GRANTING EASEMENT TO CALIFORNIA- the public right of way of Hale Street between the AMERICAN WATER COMPANY ON A 805 Freeway right of way line mad Floyd Avenue. PORTION OF HALE STREET California-American Water Company has a 6" water main on this portion of Hale Street which will serve the water requirements in constructing the next phase of the 805 Freeway. They are requesting an easement for their facilities prior to vacation proceedings. 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, Hobel, Hamilton, Scott, Egdahl Noes: None Absent: None RESOLUTION NOo 6184 - A request was received ~rom property owners C. R. GIVING NOTICE OF INTENTION Crusilla and Marion Guzman for the vacation of TO VACATE HALE STREET WEST that portion of Hale Street lying between the west OF FLOYD AVENUE line of Floyd Avenue and 805 Freeway right of way line. The Division of Engineering recommends approval noting that the portion of Hale Street requested to be vacated no longer serves any lots and may be considered excess right of way. This resolution declares the Council's intention to vacate Hale Street from the easterly 1-805 Freeway right of way to Floyd Avenue, and sets October 5, 1971, as the date of the public hearing. 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, Hobel, Hamilton, Scott, Egdahl Noes: None Absent: None RESOLUTION NO. 6185 - A final inspection on this project was made on August ACCEPTING PUBLIC IMPROVEMENTS - 17~ 1971, and all of the public improvements in the F STREET WIDENING, BROADWAY TO project have been completed to the satisfaction of I-5 FREEWAY the Director of Public Works and with the requirements of the City. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Hamilton, Scott, Egdahl Noes: None Absent: None RESOLUTION NO. 6186 - This resolution concerns the dedication of the rights ACCEPTING, DEDICATING AND of way necessary to complete the 100' street width NAMING PROPERTY FOR STREET (Bonita Road between Willow Street and Otay Lakes PURPOSES - BONITA ROAD Road). It consists of a 10' strip of land along the northerly side of Bonita Road in front of the La Bonita Apartments and a 10' strip of land along the southerly side of Bonita Road between the Big Bear Market and Bonita Village Shopping Center. This resolution accepts the grant deeds and dedicates the described properties for public right of way and names the dedicated property BONITA ROAD. -6- RESOLUTION N0o 6186 - Offered by Councilman Hyde, the reading of the text (continued) was waived by unanimous consent, passed and adopted Resolution offered by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Hamilton, Scott, Egdahl Noes: None Absent: None RESOLUTION NOo 6187 - Director of Public Works reported that bids were ACCEPTING BIDS AND AWARDING received today for the installation of traffic CONTRACT FOR TRAFFIC SIGNAL signals at Allen School Lane and Otay Lakes Road, INSTALLATION AT OTAY LAKES including the provision to remove the crosswalk ROAD AND ALLEN SCHOOL LANE and all facilities on Broadway between H and I Streets. An alternate bid was requested providing for the crosswalk to remain and installing flashing beacons. William Wappes, Chairman, Mr. Wappes related the recommendation of the Safety Safety Commission Commission in that they wished to have the islands remain at the three locations: between H and I on Broadway, Broadway at Fuller Ford, and Broadway at Flower, since a habit has been established by the public in this regard. Resolution offered Councilman Scott offered the resolution awarding the contract to Perry Electric Company in the amount of $8,300 carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None RESOLUTION NO. 6188 - The contract work for this construction has been ACCEPTING PUBLIC IMPROVEMENTS - completed. A final inspection was made on August STORM DRAIN FACILITIES-- 18, 1971, and all of the public improvements have BROADWAY FROM J STREET TO been completed to the satisfaction of the Director HALSEY STREET AND HALSEY of Public Works and with the requirements of the STI~EET FROM BROADWAY TO FIFTH City. 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~ Seott~ Hobel, Hamilton~ Hyde Noes; None Absent: None RESOLUTION GIVING NOTICE OF This resolution declares the intention of the City INTENTION TO ESTABLISH DOWN- Council to: (a) establish a parking and business TOWN IMPROVEMENT DISTRICT improvement area; (b) provide for the levy of an additional business license tax on specified busi- ness conducted within such area; (c) describes the boundaries of the proposed area; (d) establishes the uses to which the additional revenue shall be put; (e) establishes the in~eial rate of increase for additional levy of the license tax; (f) calls a public hearing for October 5, 1971, to consider the establishment of such an area. Continuance requested City Attorney Lindberg requested that this item be continued for one week in order to modify the district boundaries. Continuance granted It was moved by Councilman Scott, seconded by Council- man Hobel and unanimously carried that this matter be continued for one week. -7- RESOLUTION NO. 6189 - This resolution concerns the widening of Third ACCEPTING BIDS AND AWARDING Avenue in conjunction with the construction of the CONTRACT FOR WIDENING WEST new U. S. Post Office. The contract will complete SIDE OF THIRD AVENUE, SOUTH the widening of the west side of Third Avenue from OF NEW POST OFFICE - GAS the new Post Office southerly to K Street. TAX PROJECT NO. 149 The Director of Public Works recommends that the contract be awarded to R. E. Hazard Contracting Company (low bidder) in the amount of $4,296.50. 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. 6190 - By Resolution No. 6166, E. V. Harris Company was APPROPRIATING FUNDS FOR awarded the contract for the remodeling of the ARCHITECTURAL FEES FOR THE Civic Genter in the amount of $175,000. The archi- ALTERATION AND ADDITIONS TO tect (George Wheeler, A.I.A.) has submitted a bill THE CITY HALL for a portion of the architectural fee for this work. This resolution appropriates $14,000 from the Civic Center and Police Facility bond fund for payment of architectural fees. 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: Councilman Hyde, Scott, Egdahl, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6191 - This resolution accepts the lease on Palomar Park ACCEPTING LEASE ON PALOMAR property from San Diego Gas and Electric Company PARK PROPERTY FROM SAN DIEGO The lease covers approximately 8.4 acres of land. GAS AND ELECTRIC COF~ANY Offered by Councilman Hyde, the reading of the text Resolution offered was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES; Oouncilmcn Hyd¢~ Egdahl, Scott, Hobel~ Hamilton Noes: None Absent: None RESOLUTION NO. 6192 - This resolution provides for Council Policy establish- APPROVING STREET TREE ing the preservation of the street trees, as approved PRESERVATION POLICY at the meeting of August 25, 1971. 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. 6193 - This resolution approved the concept of the proposed APPROVING CONCEPT OF Bicycle Routes, as reviewed and approved by the PROPOSED BICYCLE ROUTE Council at the meeting of August 25, 1971. SYSTEM Offered by Councilman Hyde, the reading of the text Resolution offered 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 -8- RESOLUTION NO. 6194 - The five-year contract with Mr. Joseph Warburton APPROVING AGREEMENT WITH expires on October 12, 1971. The staff is recom- JOSEPH S. WARBURTON FOR THE mending renewal of the contract which now spells MANAGEMENT, SUPERVISION AND out the working conditions, and the renumeration OPERATION OF THE CHULA VISTA for the Professional. MUNICIPAL GOLF COURSE The Council reviewed the agreement with Assistant Council discussion City Manager Bourcier. In answer to Councilman Hyde's inquirey, Mr. Bourcier stated that if Mr. Warburton is dissatisfied with the maintenance of the course, he can bring this matter to the atten- tion of the staff° Councilman Hyde indicated that the condifion of the course, at this time, was not entirely satisfactory, and it should be encumbent upon the Professional to keep watch on this. 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. 6195 - This resolution provides for 1971-72 budget amend- APPROPRIATING FUNDS FOR ments as follows: UTILITIES AND APPROVING 1. A supplemental budget for Fire Training Activity PROJECTS CARRIED FORWARD No. 2312 agreed upon in the last stages of Union- FROM CAPITAL IMPROVEMENT Management negotiations in the total amount of $20,950. BUDGET 2. Utility account increases for the new Police Facility Building in the amount of $14,000 and for the Recreation Department in the amount of $2000. 3. The Capital Improvements Program carryover projects: a. Civic Center remodeling b. Paint Supplies-Storage Shed c. Otay Park-Land Acquisition d. Tennis Courts - Southwestern College. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NOo 6196 - This concerns the City's Comprehensive Liability AWARDING BID FOR PUBLIC Policy in the amount of $5,000,000. Bids were LIABILITY INSURANCE received on September 7, 1971, and it is rec~mnended the award be given to the lowest bidder° Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION CALLING SPECIAL City Attorney Lindberg recommended that this item be ELECTION FOR OCTOBER 26, 1971 - scratched and a new resolution be brought back to the SWEETWATER VALLEY ANNEXATION next meeting declaring a majority of protests has been received. Mr~ Lindberg indicated this was based on figures received by Mr. Lettieri, Associate Planner; however~ the exact figures are not known and the official figure will be available before the next Council meeting. '9- Motion to bring back new It was moved by Councilman Hobel, seconded by Council- resolution man Scott, and unanimously carried that the new resolution be brought back to the next meeting. RESOLUTION NO. 6197 - Rohr Corporation has requested the vacation of the DECLARING CITY'S INTENTION TO westerly 20' of H Street, contiguous to the easterly VACATE A PORTION OF H STREET right of way line of the San Diego and Arizona Eastern Railway Company's Coronado Branch railroad. The Public Works Department recommends approval sub- ject to the reservation of a sanitary sewer easement. The resolution sets the public hearing on this matter for Tuesday, October 5~ 1971. 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, Hyde: Egdahl: Scott Noes: None Absent: None REQUEST OF ENVIRONMENTAL CON- The Commission is requesting that Council have staff TROL CO~MISSION REGARDING CITY look into the possibility of the City actively ACTION OPPOSING ANY RATE INCREASE opposing any rate increase by the SDG&E because the BY SAN DIRGO GAS AND ELECTRIC Company has no positive pollution control program COMPANY acceptable to the Con~ission. Referred to staff It was moved by Councilman Scott~ seconded by Councilman Hobel~ and unanimously carried that this matter be referred to the staff. RECOMMENDATION OF ENVIRONMENTAL Richard Glenn, Chairman of the ECC, explained their CONTROL COI~ISSION REGARDING request that the Council adopt a policy of "No PROHIBITION OF SMOKING IN Smoking" in the meeting rooms of all Civic Center CITY'S PUBLIC MEETINGS meetings open to the public. Ne added that perhaps, if there was more ventilation in the Chamber, it would not be so objectionable. Referred back to ECG Councilman Scott discussed the fact that air condi- tioning will be installed in the Council Chamber. Me moved, meeonded by Councilman Egdahl, and unani- mously carried that this matter be referred back to the ECG. Councilman Egdahl asked that the Commission clarify what they mean by "all the meeting rooms." RECOMMENDATION OF ENVIRONMENTAL The Cormnission is requesting that the Council go on CONTROL COMMISSION FOR COUNCIL record as actively supporting an Air Monitoring Pro- SUPPORT OF AIR MONITORING gram for the County region, specifically for the PROGRAM FOR THE COUNTY REGION South Bay area, for future direction to the County Board of Supervisors° Motion to refer to staff It was moved by Councilman Scott, seconded by Council- man Hyde, and unanimously carried that this matter be referred to the staff to see what the background is on this and report back to the City Council. Richard Glenn: Chairman Dr. Glenn reported that his Cormnission has investi- Environmental Control Commission gated this to some extent and it is quite obvious that the County does not have a monitoring program. They feel that if all the cities would make this recom- mendation to the Board ~Df Supervisors: it would speed up the process. -10- CONSIDERATION OF PROPOSED On May 25, 1971, the public hearing on this matter ORDINANCE BANNING NON- was closed and the Council requested that (1) no RETURNABLE OR DISPOSABLE ordinance be adopted for 90 days during which time CONTAINERS the staff could research similar ordinances adopted by other cities; (2) resolution be sent to Board of Supervisors asking them to consider adoption of a similar ordinance on a County-wide basis; (3) citizens be encouraged to make known their desires on this matter. City Manager Thomson declared that no response has been received from the County Board of Supervisors. Telephone calls were made to Vancouver, Bo C. re- garding their ordinance. Staff was advised that they have a '~itter Act" which prohibits the sale of non-returnable containers up to 40 ounce capa- city; however, they are experiencing a great deal of difficulty in enforcement since the bigger mer- chants and chain stores are refusing to comply, and the government is reluctant to sue. Motion to table It was moved by Councilman Hyde and seconded by Councilman Hobel that this matter be tabled. Mro Richard Morasso Mr. Morasso cited the survey he made concerning this 5492 Ithaca Court matter in which 3 to 1 stated they would not object to such an ordinance. He stated he visited 10 grocery stores today to view their displays of dis- posable and returnable containers. He would ask that the following action be taken by the Council: adopt a resolution or ordinance requiring all stores retail selling non-carbonated beverages be required to stock both deposit and no deposit type containers, ~uch that no less than 50% by number of brands ' be available in deposit type containers° Also that all stores (retail) clearly display the economic advan- tages of purchasing deposit-type containers. Motion carried The motion to table this matter carried by the follow- ing vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: Councilman Egdahl Absent: None REPORT ON REPAIRS TO GOLF In a written report to the City Council, City Manager COURSE RESTAURANT Thomson referred to the status report submitted by the Director of Building and Housing regarding the Golf Course Restaurant remodeling, Mr. Thomson stated it would be his position that the lessee agreed to accept the premises in their existing condition and, therefore~ repair maintenance costs are his burden. If the lessee desired City financial assistance, he should not have acted after-the-fact as perhaps City force-performed work would have incurred less cost. Mr. Dick Agee, Lessee Mr. Agee reviewed the alterations and repairs he had to make since taking over the lease. He declared he had to take ever on April 10, even though the lease was supposed to go in effect on May 25, 1971. City Attorney's opinion Mr. Lindberg spoke in support of the Manager's report, stating that prior approval is written into the con- tract: and to pay monies, unless findings could be made that it was an emergency situation, would be an illegal expenditure of public funds. Motion to refer to City It was moved by Councilman Hobel, seconded by Council- Manager man Scott and unanimously carried that the City Manager approach this on the basis of what the City Attorney has stated and report back to the City Council. The re- port is to stipulate which items if any are emergency ones. -11- REPORT ON CITY OPEN SPACE City Manager Thomson referred to the written report LAND ACQUISITION - GIBSON submitted to the City Council in which he discussed PROPERTY - EL RANCHO DEL REY the meeting held with the owner of the property and the tentative price agreed on. Motion to continue negotiations It was moved by Councilman Scott, seconded by Council- man Hyde and unanimously carried that the City Manager cOuntinue negotiations for the property. REPORT ON PROPOSED 1911 Director of Public Works Cole referred to the written BLOCK ACT, PHASE XIV - report submitted to the City Council in which he DIRECTOR OF PUBLIC WORKS listed the streets and alleys to be included in the proposed Phase 14, 1911 Block Act program. There are eight streets and one alley in this phase, involving a total of 36 properties~ Motion to proceed It was moved by Councilman Scott, seconded by Council- man Hyde and unanimously carried that authorization be given to proceed with the Block Act program, as re- commended by the Director of Public Works. LEGISLATIVE COmmITTEE REPORT Councilman Scott briefly discussed the legislative committee report, a copy of which was sent to each of the Councilmen. Motion to accept report It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that the report be accepted. New Legislative Law Councilman Hyde discussed the new law passed by the State Legislature relative to authorization for the Board of Supervisors to create a Municipal Community Advisory Board. Motion to refer to City Attorney It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Attorney look into this matter and advise the Council as to the course of action they should take° This report to be brought back next week, if possible. OPEN SPACE STUDY Councilman Hyde referred to the open space study being conducted by the Planning staff and felt the study should be expanded to include investigation of the idea of developing an open space buffer zone around the City's planning area~ such as Sweetwater Valley, Proctor Valley and Otay Valley. Motion for extension of Open It was moved by Councilman Hyde, seconded by Mayor Space Study Hamilton and unanimously carried that staff be directed to add to their open space study consider- ation of determining the optimum limits of the City with the desirability and practibility of achieving open space surrounding that boundary. BAY FILL Councilman Egdahl referred to the 178 acres proposed to be filled in by the Bay to build Navy housing. He would like to have Mr. Robert Campbell~ Port Commis- sioner, to include this in his next repC~t to the C ounci 1. BONITA-SUNNYSIDE FIRE Councilman Scott referred to a newspaper article DISTRICT whereby it stated that because of the increased valuations, the Bonita-Sunnyside Fire District is able to decrease its rate. He questioned the amount the City is paying this District; how this amount is determined by the District~ etc. City Manager Thomson stated he will have a report for the Council at the next meeting° -12- WRITTEN COMMUNICATIONS: Request for funds from Compre- A letter from Mr. Richard F. Jacobsen, Executive hensive Health Planning Associa- Director, explains that this corporation is a non- tion of San Diego and Imperial profit one which is 507° Federally funded and 50% Eounties funded from local contributions. In order to help them match the approximately $100,000 per year awarded by the Federal Government, they are request- ing that the City of Chula Vista contribute $2,000. Motion to hold this over until It was moved by Councilman Hobel, seconded by Council- next budget session man Scott and unanimously carried that this item be held over until the next Budget session, and Compre- hensive Planning be notified that if they have request for funds, they come forward at that time. RESOLUTION FROM CITY OF FRESNO The City of Fresno has sent a resolution requesting URGING THAT UTILITY USERS TAX Council support urging that utility users taxes be BE MADE DEDUCTIBLE FROM ADJUSTED made deductible from adjusted gross income for GROSS INCOME FOR FEDERAL INDIVI- Federal individual income tax purpose. DUAL INCOME TAX PURPOSES It was moved by Councilman Scott, seconded by Court- Motion to support resolution cilman Hobel and unanimously carried that the Council support this resolution. REQUEST BY CHULA VISTA ART The Chula Vista Art Guild, Inc. is requesting the use GUILD FOR USE OF NORMAN PARK of the lawn area of Norman Park Center on November 5 FOR ART-FOR-A-SONG MART and 6, 1971, for the purpose of holding an Art-For-A- Song mart which will be open to all San Diego County artists. They are also requesting the waiver of the license fee. Request granted It was moved by Councilman Scott, seconded by Council- man Hobel, and unanimously carried that the request be granted. REQUEST THAT SECOND RAILROAD The Chamber of Commerce is recommending that with the TRACK NORTH OF E STREET BE current construction of the widening of Interstate 5 MOVED SOUTH OF E STREET - and the new proposed overpass at E Street, that the CHULA VISTA CHAMBER OF COMMERCE second railroad track currently started approximately 50 feet north of E Street be moved south of E Street so ~hat only one track will be crossing E Street rather than the current dual track. They are re- questing immediate action by the Council so that this situation can be corrected during the present con- struction project. Referred to staff It was moved by Councilman Scott, seconded by Council- man Egdahl, and unanimously carried that the staff look into the feasibility of this and contact the railroad. REQUEST FOR PERMISSION TO HANG The Chula Vista Downtown Association is sponsoring SIGN ACROSS THIRD AVENUE - CHULA their Annual Art Festival on September 16, 17 and VISTA DOWNTOWN ASSOCIATION 18, 1971. They are requesting permission to hang a sign across Third Avenue on one of the existing cables, and to have a sign in the center strip of Third Avenue near the drinking fountain, announcing the dates of this Art Festival. Motion to approve request It was moved by Councilman Egdahl, seconded by Coun- cilman Hyde, and unanimously carried that the request be granted. REQUEST FOR WAIVER OF FEES Mr. Michael Bailey, Grounds Chairman, has submitted AND APPROPRIATION OF FUNDS a request for a waiver of license fees and permits FOR FIESTA DE L~ LUNA for the Fiesta Carnival which will be held October 13 through October 17, 1971. He has also requested an appropriation of the budgeted amount of $2,200 for the Parade to be held on October 17, 1971. -13- Motion to approve request It was moved by Councilman Scott, seconded by Council- man Hyde and unanimously carried that the request be granted. RESIGNATION OF MARTHAW. A letter has been received from Mrs. Martha Vickers VICRERS FROM HUMAN RELATIONS submitting her resignation from the Human Relations COMMISSION Commission stating that she and her family are moving to Riverside. Her husband has accepted a position with the Riverside City Teachers Association. It was moved by Councilman Hobel, se,conded by Councilman Egdahl and unanimously carried that a letter be sent, from the Mayor's office~ commending her for her work. YOUTH COMMISSION APPLICATIONS Mayor Hamilton asked the City Clerk to notify all the principals of the junior high and high schools in Chula Vista that a vacancy is open on the Youth Com- mission. The Council will accept applications through September 20 and make the appointment on October 5~ 1971. REQUEST FROM NATIONAL CITY FOR A resolution has been received from the City of SUPPORT OF SUPERVISORIAL National City requesting Council support of Plan No. DISTRICT PLAN NO. 13 13~ as sponsored by Supervisor James Bear for the redistricting of the supervisorial districts. Mayor Hamilton asked about the new Plan being pro- posed to place Mr. Boney's residence (Bonita) back into this District. City Clerk Fulasz stated she has not received this Plan from the Board of Super- visors. Mr. Edward Craft Mr. Craft stated he is a member of the Youth Commie- 584 Second Avenue sion~ and stated the new Plan with Mr. Boney's Bonita residence will be voted upon on SEptember.14. Motion to file resolution It was moved by Councilman Hyde, seconded by Council- man Scott that the request of National City be filed. Speaking against Plan 13 Mr. Craft stated he is speaking for the Youth Commis- sion and spoke against Plan 13. He related several reasons why Jack Welsh should not be Supervisor of the South Bay District. Mayor Hamilton questioned Mr. Craft as to where he received his information. Mr. Craft answered that he received most of this infolTaation from the County offices and some from Mr. Walsh's office. Me is currently involved in the "Jack Welsh campaign for Mayor." Motion carries The motion to file the request carried unanimously. ORAL COMMUNICATIONS Mro Frederick Drew Mr. Drew discussed the actions of today's Youth 1275 Banner Drive toward politics. He felt the Council should not have criticized the efforts of Mr. Craft, but rather to have sent him away from the podium feeling more wel- comedo "Our House" Mr. Jack Cummings, 352 F Street~ submitted a petition signed by the merchants in the area objecting to the proposed location of "O~r House" at the F Street site, between Garrett and Fourth Avenue. -14- Invitation to ride in Mr. Michael Bailey, Grounds Chairman, invited the parade Mayor, Council members and City Manager to ride in the Fiesta de la Luna parade on Saturday, October 16, 1971. Richard Morasso, Mr. Morasso extended his appreciation for the Southwestern College "Tot Lot" at Southwestern College Estates. Estates He also stated he was disappointed in the actions of the Council pertaining to the '~o Smoking" request submitted by the ECC. He hoped the Council, in the future, would give more serious consideration to the requests of the ECC. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:20 p.m. to the meeting scheduled, for Tuesday, September 14, 1971, at 7 p.m. -15-