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HomeMy WebLinkAboutcc min 1971/08/10 MINTri~S OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA~ CALIFORNIA Held Tuesday August 10, 1971 A regular meeting of the City Council of Chula Vista, California, was held on the above date, beginnimg 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, Assistant Director of Public Works Robens, Senior Planner Williams, Director of Parks and Recreation Jasinek The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES Councilman Scott stated he voted "no" on the allocation of funds for the San Diego Youth Symphony, and asked to have the minutes re- flect this change. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of August 3, 1971, be approved, as corrected, copies hav- ing been sent to each Councilman. INTRODUCTION OF VISITORS FROM Mayor Hamilton explained that the visitors IRAPUATO, MEXICO were not able to be present tonight due to the fact that the President of Mexico was visiting Irapuato at this time. They are expected to visit Chula Vista sometime in September. OATH OF OFFICE FOR NEW COMMISSIONERS City Clerk Fulasz administered the oath of office to thc newly appointed members of the various Commissions. SWEARING IN OF DEPUTY CITY CLERK City Clerk Fulasz administered the oath of office to Marjorie Townsend. INTRODUCTION OF ROBERT HASTINGS, Mayor Hamilton introduced Mr. Robert Hastings, ENVIRONMENTAL CONTROL COI~ISSION member of the Environmental Control Co~nis- sion~ as guest cormmissioner for this meeting. PUBLIC HEARING - CITY'S INTENT TO City Attorney Lindberg explained the purpose CALL SPECIAL ELECTION ON ANNEXATION of the hearing was to receive protests from OF SWEETWATER VAI~Y the property owners. They must indicate, in a fairly clear manner, the property they own or in control of through some other means, and register their protests based on the assessed valuation of the land and not the improvements. This is then weighed against the Assessor's records. If a majority of protests is received, no further action is taken and the matter is filed. If a majority of protests is not received, the Council will then call for a special election. At that time, all the registered voters in this terri- tory will have an opportunity to indicate their desire, and a majority will rule on the issue of the annexation. The hearing will then be recessed and re- convened 10 days from tonight, in order to have the City Clerk check the protest peti- tions and to give the opponents time to sub- mit supplementary petitions. Petition received City Clerk Fulasz stated, for the record, that she did receive one petition from Mr. Robert Terry, attorney, ~weetwater Valley Planning Association, at 6:45 P.M. contain- ing 2 pages, 25 signatures, representing 17 properties. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing was opened. Gordon Campbell, 3831 Grant View Mr. Campbell submitted petitions of protest Place, Bonita to the City Clerk, declaring it represented over 51% of the assessed valuation of the land in the Bonita-Sunnyside District. He then demanded a written receipt from the City Clerk for each pa§e of the petitions. City Attorney's opinion City Attorney Lindberg stated that, under the law, a written receipt for each page of the petitions is not necessary. He explained that the City Clerk is obligated to hold all documents coming to her possession. She has a fiduciary relationship to all persons, not only in this City, but to the State itself. Therefore, the petitions given to her will be held and respected as such. Protestants Protesting the annexation of their properties were: L. E. Morrison, 5103 Sweetwater Road; Joseph Janosik, 6645 Joneal Way; Milvena K. Mace, 3855 Alta Loma Drive, and Mrs. Seaback, owner of a 12~-acre parcel at Bonita Road and Glen Abbey Boulevard. Attorney submits name Attorney for the Sweetwater Valley Planning Association stated he wa~ Robert B. Terry, 2953 Bonita Mesa Road, Bonita, telephone number 233-4747. Motion to continue hearing It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the hearing be continued to August 20, 1971, at 7 P.M. Environmental Control Cormnission's Mr. Hastings commented that the Commission stand has taken no stand on the annexation issue. If the annexation does take place, they would like to have the Council use the annexation as a buffer zone against any further tract homes, shopping centers, arc., for that end of the City. PUBLIC HEARING - CITY'S INTENT TO Assistant Director of Public Works Robens VACATE PUBLIC RIGHT-OF-WAY - submitted a plat noting the area in question. LORRY WAY He explained that Lorry Way was originally dedicated through the recording of Robinhood Subdivision, Unit No. 6, which coincided with the Division of Highways' acquisition of the property fronting along Lorry Way, east of Nation Avenue, for the construction of Inter- state 805 Freeway. The freeway is now com- pleted and there remains a small portion of Lorry Way outside the freeway right-of-way. The Planning Cormnission recommends approval of the vacation. -2- Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6162 - OP, DERING Offered by Councilman Scott, the reading of VACATION OF PUBLIC RIGHT-OF-WAY - the text was waived by unanimous consent, LORRY WAY passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE AMENDING CITY CODE City Attorney Lindberg explained the intent REIATING TO DISTRIBUTION OF of the proposed ordinance was to provide a ADVERTISING MATERIALS means of control over unwanted advertising materials being distributed by non-postage City Manager's comments Mr. Thomson explained his memo to the City Council in which he noted that an accumula- tion of these advertising pamphlets at a resideuce would be proof of the resident not being home and therefore, would encourage burglaries. He suggested (1) that all dis- tributors be required to register with the City Clerk; (2) the distributors must keep a copy of the signed statements from the prop- erty owners indicating approval regarding receiving the advertising media; (3) that no allowance for assumption of consent is pro- vided within the ordinance. Council discussion The Council discussed the aspects of the ordinance. Mayor Hamilton felt that some of the responsibility should lie with the prop- erty owner; he agreed that the distributors should register with the City Clerk. Coun- cilman Scott declared that the identification of the distributor should be clearly printed on the front page of the leaflets. Motion to amend ordinance It was moved by Councilman Hyde and seconded by Councilman Hobel that the ordinance be amended so that the distributors are required to register annually with the City Clerk. Also, that the advertising media carry the name of the person or company publishing it. Speaking against motion Councilman Egdahl and Councilman Scott stated they are speaking against the motion, indi- cating the first part was redundant; if the name or firm of the distributor is printed on the advertising media, the property owner can register his complaint with them. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, t{amilton. Noes: Councilmen Scott, Egdahl Ab sent: None Ordinance to be brought back It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried "i .%~ ~ ~' % % that the ordinance be brought back at the ~'~ ~ ~ next meeting, as amended. -3- ORDINANCE NO. 1357 - ADOPTING UNIFORM The Housing Code has overlapping require- BUILDING CODE, VOLUME III, HOUSING, merits with its companion Code, the Uniform 1970 EDITION - FIRST READING Building Code. It, therefore, becomes necessary to adopt the Uniform Housing Code, 1970 edition. Placed on first reading It was moved by Councilman Egdahl that this ordinance be placed on its first reading and that reading of the text be waived by unani- mous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6163 - ACCEPTING The contract work on this project has been PUBLIC IMPROVEMENTS - "J" STREET completed by the contractor, Henson Construc- STORM DRAIN AND SEWER FACILITIES tion, Inc. A final inspection was made on BER~4EEN I-5 FREEWAY AND ASH AVENUE July 29, 1971, and all of the public improve- ments in the project have been completed in accordance 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, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6164 - OPPOSING In a written report to the Council, the S1859 and HR8393 RELATING TO Board of Appeals requests Council's opposi- BUILDING REGULATIONS tion to these two bills for the following reasons: (1) it would be further encroach- ment by the Federal government into local enterprise; (2) it would be mandatory for the City to enforce Federal regulations covering building construction for dwellings and apartment houses; (3) the City would have no voic~ in establishing building reg- ulations; (4) approval of materlals and construction methods would become bogged down inthe Federal bureaucracy. 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 APPROPRIATING FUNDS FOR Director of Parks and Recreation Jasinek INSTALLATION OF PROTECTIVE FENCE explained that on several occasions, park AT RORR PARK users have vandalized and disturbed the pasture on the eastern boundary of Rohr Park. In a most recent incident, a calf was killed. In order to eliminate any further occurrences in the future, a fence of sufficient height should be installed. The estimated cost for such a fence would be approximately $2,300. -4- Council discussion The Council discussed the number of incidents that havo occurred in this area, and the City's responsibility. Councilman Egdahl felt that the full responsibility of these incidents does not rest with the City -- that perhaps a share of cost approach could be investigated, if a fence was deemed the only solution. Councilman Scott corx~ented that perhaps something other than a chain link fence could be constructed -- something more aesthetically pleasing. Motion to hold over for one week It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the resolution be held over for one week, and the staff take one more look at the problem to see if there is some alterna- tive besides the construction of the fence, in order to resolve this problem. RESOLUTION NO. 6165 - INTENTION TO The Planning Cormnission has recently recom- ESTABLISH PARKLAND DEDICATION AND mended that provisions for park land dedica- IN-LIEU FEE REQUIREMENTS AS CONDI- tion or acquisition of open space and park TION OF SUBDIVISION MAPS AND lands as a condition of the subdivision of ESTABLISHING A BEDROOM TAX land be removed from the Subdivision Ordin- ance itself and placed in a separate section of the Code. It is nOw apparent that some new construction will escape the dedication or in-lieu fee requirements -- because the construction is not part of a subdivision o~ the tentative map has already been filed which would not make it subject to this proposed ordinance. Therefore, this proposed ordinance is being set for public hearing for September 7, 1971. 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: &~S! Councilmen Scott, Hobel, Hamilton~ Hyde, Egdahl Noes: None Absent: None RECOMMENDATION OF ENVIRONMENTAL Mr. Robert Hastings, member ECC, explained CDNTROL COMMISSION THAT STAFF that the Cormuission is reconwnending that the PREPARE ENVIRONMENTAL IMPACT Council direct the staff to prepare a further, PROPOSAL OF THE GERSTEN DEVELOPMENT detailed environmental impact proposal of the Gersten development to be sent to the County. They have tried several times to get the Gersten people to come to their meetings, but they have had no success. The Cormmission is concerned with many questions: the wild life, the open space, school sites on prop- erty not Owned by Gersten, open space not owned by Gersten, drainage, etc. The Com- mission wants a definite answer as to the total environmental impact on all of Chula Vista. Ford Foundation Grant Councilman Scott commented that this was one of the priority items to be submitted to the County Environmental Agency -- if they need more information, the City is to provide that. -5- Senior Planner Williams Mr. Williams reported that he spoke with Mr. Tom Mason of the Environmental Agency of the Ford Foundation. The Agency has definite criteria that these requests must meet, and the staff must come up with what this City wants and an outline of the request. As to the information obtained from their study of Rancho San Diego, Mr. Mason felt they would not want to duplicate this study for this Gersten development. Staff to draw up outlines It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff draw up the criteria for an environmental impact on the Otay Land Company and present those criteria to the City Coun- cil to pass onto the Environmental Develop- ment Agency. ORDINANCE NO. 1356 - AMENDING ~t was moved by Councilman Egdahl that this CERTAIN SECTIONS AND/OR PORTIONS OF ordinance be placed on its second reading SECTIONS OF THE COMPREHENSIVE ZONING and that reading of the text be waived by ORDIlqANCE - SECOND READING AND unanimous consent. The ordinance was passed ADOPTION and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None REPORT ON ARRANGEMENTS FOR JOINT City Manager Thomson reported that he con- COUNTY-CITY MEETING tacted Supervisor Bear's office and talked to his assistant, John Morrisey. The Super- visors want to wait until after September 9 to have this meeting since Mr. Boney is out of town and will not return until then. The staff has prepared a list of agenda items which has been submitted to the City Council. Report accepted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the report be accepted. STATUS REPORT ON PARK DEVELOPMENT Director of Parks and Recreation Jasinek - CAPITAL IMPROVEMENT GROUP - referred to the written report sent to the DIRECTOR OF PARKS AND RECREATION Council in which he suggested the following projects as priorities for funding from the $100,000 allocation for park development: (1) Palomar Park; (2) Hilltop Telegraph Can- yon Park site; (3) complete Loma Verde land- scaping; (4) turfing the school playgrounds of Vista Square School, Rohr, and Ella B. Allen Schools. Ornamental Wind Screen questioned Councilman Scott questioned the necessity of the ornamental wind screen for the north- west corner of the pool area at Loma Verde Center. Director of Parks and Recreation Mr. Jasinek explained that they would like Jasinek to open up this end of the pool to a park- like area. This would be a landscaped item rather than a wind screen. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report be accepted. -6- REPORT ON THE PROPOSED REALIGNMENT Director of Public Works referred to the OF TELEGRAPH CANYON ROAD FROM OTAY written report submitted to the Council, LAKES ROAD TO 805 FREEWAY - in which he discussed road surveys and proj- DIRECTOR OF PUBLIC WORKS ects conducted by the County along various portions of Telegraph Canyon Road. In view- ing the problems at hand, Mr. Robens noted that the alignment and cross sections devel- oped by the Engineering Division are suffi- cient to provide a 6-lane road, drainage channel, and to accGmmodate bicycles and pedestrians in Telegraph Canyon Road and in the canyon. They are, therefore, recormmend- lng that the Council accept this report and authorize the department to carry out its intent. Mr. Joe SilvB,543 Mariposa Circle Mr. Silvlastated he owns the Archway Inn, and asked what consideration he would get for the relocation of his building. There is not much eormnercial zoning located on Telegraph Canyon Road and he would need this zoning to relocate his building. City Attorney comments In answer to Council's inquiries, Mr. Lind- berg stated that the City would compensate Mr. Silvia for any loss. At this point, the Council cannot commit any properties to rezoning or acquisition under present zoning to rezoning. Assistant Director of Public Mr. Robens commented that the staff will do Works Robens everything they can in order not to hav~ the alignment go through the Archway Inn, or they will have an alignment constructed whereby this building can be moved to a nearby loca- tion, perhaps within 200 feet. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORT ON STREET LIGHTS - Assistant Director of Public Works Robens DIRECTOR OF PUBLIC WORKS reported that this study will be completed by the first of Nouember. San Diego Gas and Electric Company has indicated its willing- ness to assist in this study. Interim report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the interim report be accepted. CONFERENCE DATE CHANGED Mayor Hamilton moved, seconded by Councilman Hyde and unanimously carried that the confer- ence scheduled for Monday, August 16, be moved to Wednesday, August 18, 1971, at 3 P.M. COUNCIL CONFERENCE Mayor Hamilton announced the following items requested for a Council conference: (1) Continuation of the Tree Preservation Policy (2) Bicycle Paths Conference scheduled It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the Council hold a conference on Monday, August 23, 1971, to consider these items. -7- SUPERVISORIALMEETING Mayor Hamilton reported on the meeting held Thursday, August 5, by the Chamber of Com- merce, to which the Mayors of National City, and Imperial Beach were invited along with the Chamber of Coranerce directors and the City Clerks. Nothing was resolved at the meeting; the differences still exist. At the meeting scheduled for August 19, 9:30 A.M. before the Board of Supervisors, the Mayor will go on record as requesting that the cities of National City and Imperial Beach be placed in the South Bay District, and that Chula Vista be allowed to vote for a Supervisor in the next election. BRANDYWINE ANNEXATION Councilman Scott questioned the staff's action in not wanting to pursue this annex- ation. Senior Planner Williams Mr. Williams explained that there is no advantage to the County, at this time, to annex since they cannot go ahead with con- struction plans for the Boys Rehabilitation Center. The major portion of the assessed valuation lies in the Rendering Plant, and they are reluctant to annex at this time. Motion to pursue annexation It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff pursue this matter further, in more depth, to see if the San Diego City and County properties will annex, along with the other properties that have shown interest. BICYCLE PATHS Councilman Hobel discussed the proposed bike route for Coronado along the Silver Strand. He stated they were able to get matching funds from the State for this project. Staff directed to investigate It was moved by Councilman Hobel~ seconded matter ~ Councilman Seott and unanimously carried that the staff look into the possibility of this City doing the same thing. Also, Coro- nado's proposed path will start at the former Ferry landing, come down Silver Strand, Im- perial Beach and onto Highway 75, and the Port District has plans for a bicycle path. The staff should look into the possibility of our proposed bicycle paths coming from the Tidelands area, moving along the Bay to join that path. MEDIAN STRIPS Councilman Hyde discussed the Council's action taken at a recent meeting approving the landscaped median strip on the 600 block of East "J" Street, and the need for a median strip in other areas of the City. Motion for staff study It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff investigate the problems and possi- bilities for median strip developments in certain select streets in the City. He would suggest '%" Street be one of them inasmuch as it connects to the Telegraph Canyon Road area, and also the possibility of "E" Street since, from time to time, proposals have been sub- mitted that a scenic route in Chula Vista be developed. -8- Mayor's comments Mayor Hamilton cormnented that the Council is quite interested in beautifying the entrance ways to Chula Vista. PARK DEVELOPMENT PROGRAM Councilman Egdahl commented on the status report presented tonight regarding the $100,000 park-development project.. He felt the Council should have a long-range picture so that they would be able to see in which direction the priorities are going. Long-range study to be prepared It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that during the course of this year, the staff prepare a long-range park development study and present it to the Council. WRITTEN COMMUNICATIONS: Letter from Environmental Dr. Richard Glenn, Chairman of the ECC, has Control C~mLission pertaining submitted a written report to the Council to environmental film making concerning the Con~ission's support for the project completion of an environmental film which was started in April 1970 by Richard Lair. The film will be completed in October of this year and in order to have the film makers qualify for assistance from County Educational Department funds, an official backing by their Con~nission was needed right away, due to certain deadlines. Chairman Glenn explained that this project will receive full review of the Comnission and will be subject to full approval of the City Council at a later date. Robert Hastings, Member, Mr. Hastings explained the lack of time the Environmental Control Cor~aission Con~ission had to work on this. He stated there would be no cormnitment of City funds for this. Councilman Scott's comments Councilman Scott indicated the venture was good but questioned the procedure of the Commission in going out and doing something like this, on behalf of the City Council. He cormnented, however, that this act should be followed by a resolution of support from the Council. Resolution to be brought back It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the action of the Environmental Control Commission be formalized in the form of a resolution by the City Council for this matter. Request from City of Monterey In a resolution sent to the Council, the City Park for Council support urging of Monterey Park is requesting support of passage of State SB 51 - Auto Senate Bill 51 which sets up a Bureau of Repair Dealers Automotive Repair in the Department of Motor Vehicles. This Bureau would be responsible for licensing auto repair dealers and for withdrawing the license of any dealer com- mitting acts of dishonesty, fraud or deceit, who willfully departs from accepted stand- ards for good and workmanlike repair, or who engages in any of the prohibited practices in this Senate Bill. Referred to City Attorney and It was moved by Councilman Hyde, seconded Legislative Committee by Councilman Hobel and unanimously carried that this matter be referred to the City Attorney and the Legislative Cormnittee. -9- ORAL COMMUNICATIONS: J~mes E. Miller, 4819 Mr. Miller presented the Council with the Whipperwill Lane Sweetwater Valley Prezoning Plan and Concept Report. He stated that the Committee, com- prised of 15 members, have been meeting for approximately four months. In the report is a series of recon~nendations relative to future planning for the entire Sweetwater Valley. Mayor states Council's Mayor Hamilton expressed the appreciation of appreciation the Council for the work of this committee and to Mr. Miller for serving as its Chairman. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:05 P.M. to the meeting scheduled for Tuesday, August 17, 1971, at 7 P.M. City Cler~ -10-