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HomeMy WebLinkAboutcc min 1971/07/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA, CALIFORNIA Held Tuesday July 20, 1971 A regular meeting of the City Council 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, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren, 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 It was moved by Councilman Hobel, seconded by Mayor ~amilton and unanimously carried that the minutes of the meeting of July 13, 1971, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST COMMISSIONER Mayor Hamilton introduced Mr. Edward Adams, member of the Planning Commission, as guest Commissioner for this meeting. PUBLIC NEARING (Continued) - PARKS Director of Planning Warren explained that AND RECREATION ELEMENT OF THE the hearing has been called for Council GENERAL PlAN consideration of an amendment to the General Plan by incorporating a Parks and Recreation Element. This Parks and Recreation Plan has been reviewed and approved by a Citizens Advisory Committee, Parks and Recreation Cormnission, Planning Department, and has been presented to the Council at a confer- ence session, Previous testimony made a record It was moved by Councilman Hyde, seconded of this hearing by Councilman Scott and unanimously carried that the presentations made at previous public hearings be made a record of this hearing. Public hearing opened This being the time and place as advertised, Mayor H~milton declared the hearing opened. Public hearing closed There being no eomments, either for or against, the hearing was declared closed. Park sites to be added Mr. Warren asked that the following sites be added: a portion of the south side of the Lilian J. Rice School (the space between the playground and the drainage channel), and a pan-handle lot, approximately 11,000 square feet, in the vicinity of Talus and Melrose. These lots have been discussed at previous meetings. RESOLUTION NOo 6125 - ADOPTING Offered by Councilman Scott, as amended, PARKS AND RECREATION ELEMENT OF the reading of the text was waived by unan- THE GENERAL PlAN imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None PUBLIC HEARING - CONSIDERATION OF Director of Planning Warren submitted a CHANGE OF SETBACK FOR PROPERTY plat noting the property in question. The LOCATED AT 103 SHASTA STREET applicant is requesting a reduction of set- back along the First Avenue frontage from 25 feet to 15 feet, in order to accon~aodate an addition to his dwelling. The Planning Co~nission has recommended approval. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Public hearing closed There being no conm%ents, either for against, the hearing was declared closed. ORDINANCE NO. 1345 - ESTABLISHING It was moved by Councilman Egdahl that this SETBACK ADJACENT TO FIRST AVENUE ordinance be placed on its first reading FOR PROPERTY AT 103 SHASTA STREET and that reading of the text be waived by - FIRST READING unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton~ Hyde Noes: None Absent: None PUBLIC HEARING - CONSIDERATION OF Director of Planning Warren submitted a MODIFICATION OF THE GENERAL plat noting the location of the property DEVELOPMENT PlAN OF THE OTAY LAND in question as involving 269 acres of land COMPANY FOR THE EL RANCHO DEL HEY surrounded by the E1 Rancho del Rey devel- PROJECT opment. Of this 269 acres, approximately 260 acres would be prezoned from A-l-8 to P-C, and the remaining 9~ acres (located north of Telegraph Canyon Road on the west- ernmost portion of the annexation, zoned County R-1 and C, is proposed for prezoning to R-1 and C-C-P. In adopting the P-C zone for the 3,140 E1 Rancho del Rey, it was the intention of the Council that the area north of Telegraph Canyon Road would be a totally planned com- munity with a wide choice of housing types, and minimal disturbance of the natural features of the land. In order to accomplish this goal, it is recormnended that Ordinance No. 1298 be amended to include this 260 acres (approxi- mate) with all the conditions imposed on the approved development plan to be appli- cable to all of the additional properties. Mrs. Gladys Koven Mrs. Koven referred to the letter sent by her attorney~ George Shibata, in which he requested a continuance of this matter for sometime in August so that he could be pres- ent to represent her in the matter of pre- zoning her property. City Attorney's cormnents Mr. Lindberg explained that what is being adopted here tonight is already under con- sideration for modification by the Council. This will first go to the Planning Co~m~is- sion and then to the Council and Mr. Shibata will have ample time to voice any objections on his clients' behalf at that time. Motion to defer It was moved by Councilman Hyde, seconded by Councilman Hobel that this matter be deferred until the meeting of August 10, 1971. -2- Request from Director of Planning Director of Planning Warren requested that the Council take action prezoning that tri- angular-shaped parcel (9_+ acres) located north of Telegraph Canyon Road on the west- ern edge of the annexation zoned County R-I, to R-t and C-C-P, and defer the balance to the meeting of the 24th. Motion withdrawn Councilman Hyde withdrew his motion and Councilman Hobet withdrew his second. Motion to limit hearing It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the hearing be limited to the precise zoning of the con.nercial and R-1 zoning, and defer the remaining parcels to the meet- ing of August 24, 1971. Public hearing opened This being the time and place as advertised, the public hearing was opened. Mr. Finley, 623 Telegraph Mr. Finley asked for more information Canyon Road volving his property. Mr. Warren explained the proposed zonings. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1346 - MODIFYING THE It was moved by Councilman Scott that this GEneRAL DEVELOPMENT PLAN FOR THE ordinance be placed on its first reading EL RANCHO DEL REY PROJECT 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 This ordinance involves the property zoned R-1 and C-C-P only. The balance of the propertie~ to be brought back to the meet- ing of August 24, 1971. PUBLIC HEARING - CONSIDERATION OF Director of Planning Warren explained that PHASE IV OF CITY REZONING PLAN this hearing was called to consider Phase IV of the City Rezoning Plan. Six separate areas will be considered to bring them into substantial conformance with the General Plan and the new Zoning Ordinance. Enact- ment of these zone changes will complete the City's rezoning plan. The Planning Cormnission has recommended approval. ORDINANCE NO. 1347 - CHANGING ZONE T~uis Ordinam~ rez~s the pmO~erty from FOR PORTIONS OF LAND LOCATED NORTH C-T to I-L, C-C and R-3. OF "C" STREET, BETWEEN BROADWAY AND THIRD AVENUE EXTENSION - FIRST This being the time and place as advertised, READING Mayor Hamilton opened the public hearing. There being no cormments, either for or against, the hearing was declared closed. It was moved by Councilman Egdahl 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: -3- AYES: Councilmen Egdahl, Hobel~ Hamilton, Hyde~ Abstain: Councilman Scott Noes: None Absent: None ORDINANCE NO. 1348 - CHANGING ZONE This ordinance rezones this property from FOR PORTIONS OF LAND LOCATED NORTH I-L and C-T to R-3. OF "C" STREET, BISECTED BY EDGEMERE AVENUE - FIRST READING This being the time and place as advertised, Mayor Hamilton opened the public hearing. There being no comments, either for or against, the hearing was declared closed. It was moved by Councilman Hyde 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 Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1349 - CHANGING ZONE This ordinance rezones this property from FOR PROPERTY EAST OF THIRD AVENUE C-T to C-C. BETWEEN PALOMAR AND QUINTARD STREETS - FIRST READING This being the time and place as advertised, Mayor Hamilton opened the public hearing. There being no comments, either for or against, the hearing was declared closed. It was moved by Councilman Egdahl 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 Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1350 - CHANGING ZONE This ordinance rezones this property from FOR PROPERTY AT 70 EAST "J" STREET R-1 to C-N. - FIRST READING ~l%is beimg the time and place as advertised, Mayor Hamilton opened the public hearing. There being no cormnents, either for or against, the hearing was declared clsed. It was moved by Councilman Hyde 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 Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1351 - CHANGING ZONE This ordinance rezones this property from FOR PROPERTY AT THE NORTHWEST CORNER C-C-D to R-1. OF MELROSE AVENUE AND OTAY VALLEY ROAD - FIRST READING This being the time and place as advertised, Mayor Hamilton opened the public hearing. There being no cormnents, either for or against, the hearing was declared closed. It was moved by Councilman Hyde 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 Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE CHANGING ZONE FOR This ordinance rezones this property from PROPERTY ON THE WEST SIDE OF R-3 to R-3-G. HALECREST DRIVE, NORTH AND SOUTH OF HALE STREET - FIRST READING The Council held a general discussion con- cerning the area presently zoned C-C and the possibility of changing this to the R-3 zone. Public hearing opened This being the time and place as advertised, the public hearing was opened. Dr. John Gels, 385 Hill Road, Dr. Gals stated he was the owner of one of Bonita the lots proposed for the R-3-G zoning. He stated he plans to put in a medical build- ing, along with apartments, and then even- tually convert it all to a medical building. Limiting his property now to five units (R-3-G) would substantially reduce his in- vestment and reduce his chances of putting in the medical building° He asked that the property be zoned C-O. Lt. Cmdr. Robert Duryea, 628 Lt. Cmdro Duryea stated the property should East "J" Street be zoned R-1 instead of multiple-family and office use. Gilbert Dreyfuss, 2934 Queensberry Mr. Dreyfuss stated he is one of the orig- Drive, Los Angeles inal owners of this property. He sold this particular lot to Dr. Geis and felt the zoning should remain as it was. Mr. Drey- fuss co~nented on the balance of the prop- erty in the area which they acquired in 1959. It has been under litigation during these past several years, and that is the reason why they have not been able to de- velop it. He added that they are going ahead with plans to construct an apartment building on the property proposed for R-3-G (west of Halecrest, north of Hale), and asked that their present zoning be retained. Public hearing closed There being no further com~aents, either for or against, the hearing was declared closed. Referred to Planning Commission It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred back to the Planning Commission, with consideration being given to rezoning Dr. Geis' property to C-O, and the balance of the property to R-3-G as recom~nended. Included in this motion is that reconsideration be given to the entire area zoned commercial, on both sides of the street (north and south), and the 7½-acre parcel, west~ef the Freeway. ORDINANCE NO. 1352 - APPROVING This proposed annexation contains 11,600 ANNEXATION OF DREW'S ORANGE AVENUE square feet, located at the southeast corner ANNEXATION - FIRST READING of Banner and Orange Avenue. The Local Agency FormAtion Commission approved this annexation on July 13, 1971, and the Planning Co~ission recon~nends approval. 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 ORDINANCE (Emergency) NO. 1353 - During the past several years, there has ESTABLISHING REGULATIONS FOR CHULA been the problem of trespassers on the golf VISTA I~3NICIPAL GOLF COURSE - course involving many occasions of near FIRST READING AND ADOPTION accidents. In order to have better control, in behalf of public safety and operations, this ordinance has been prepared to restrict trespassing. Ordinance adopted 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 ordinance was passed and adopted as an emergency by the following vote, to-wit~ AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Mr. George Prussell, 3465 Mr. Prussell questioned whether this ordin- Lomacitas Lane, Bonita ance would have any effect on the equestrian trail. City Attorney explains Mr. Lindberg stated that the ordinance pro- vides that the use of the course is re- stricted to those who pay for a permit to play golf and other uses as may be authorized by the Director of Parks and Recreation. RESOLUTION NO. 6126 - APPROVING This is a formal agreement consistent with AGREEMENT WITH SAN DIEGO TRANSIT the general guidelines as presented by the CORPORATION TO PROVIDE TRANSPOR- City Manager's office as to routing and TATION SERVICE IN CITY service by San Diego Transit Corporation. The final subsidy figure provided by San Diego Transit Corporation amounts to $3,903 for the fiscal year 1971-72. 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, Hobel, Hamilton Noes: Councilman Scott Absent: None RESOLUTION NO. 6127 - APPROVING This resolution calls for approval of a EXTENSION OF CONTRACT FOR ONE YEAR one-year extension of the bus service agree- WITH AZTEC BUS LINES, AND AUTHORIZ- ment with Aztec Bus Lines. ING EXPENDITURE OF FUNDS THEREFOR In answer to Councilman Hobel's inquiry, City Manager Thomson stated that the Bus Collection of fare box revenues Company will be responsible for all of the accounting tasks and the Finance Department will continue to do the auditing. Fares Councilman Hobel stated it was the intent of the Council that the reduction of fares applied to those "16 and Under", and not -6- as spelled out in the agreement --" .... those under the age of 16 shall pay .... " Resolution offered Offered by Councilman Hobel, as amended, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Namilt on, Hyde, Egdahl Noes: Councilman Scott Absent: None RESOLUTION NO. 6128 - ACCEPTING Bids for the construction of improvements BIDS AND AWARDING CONTRACT FOR in Arizona Street, east of Broadway, 1911 1911 ACT CONSTRUCTION - ARIZONA Act Assessment District No. 70-2, were STREET received on July 6, 1971. It is recon~nended that the Council accept the bids and award the contract to the Griffith Company in the amount of $25,537.80, the lowest bid. 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. 6129 - ACCEPTING Bids were opened on July 6, 1971 for the BIDS AND AWARDING CONTRACT FOR 1911 construction of alley improvements, "E" ACT CONSTRUCTION - ALLEY BETWEEN Street to Davidson Street, between Del Mar DEL MAR AND CHURCH AVENUES AND '~" and Church Avenues, in the 1911 Act Assess- AND DAVIDSON STREETS ment District 70-1. It is recor~nended that the contract be awarded to T. B. Penick and Sons~ as the lowest bidder, for the amount of $14,239.14. Recormnendation of Director of It is the recormnendation of the Director of Public Works Public Works that the contract not be awarded until after the property owners have been made aware of the bids and their relationship to the engineer's estimate. 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 Recess Mayor Hamilton called a recess at 8:50 P.M. and the~meeting reconvened at 9:00 P.M. RESOLUTION NO. 6130 - REQUESTING By Council direction at the meeting of May THAT THE BOARD OF SUPERVISORS CON- 25, 1971, the City Attorney has prepared a SIDER ADOPTING A BEVERAGE CONTAINER resolution encouraging the Board of Super- ORDINANCE ON A COUNTY-WIDE BASIS visors to consider adopting legislation on a County-wide basis regarding the prohibi- tion of sale of certain non-returnable or disposable containers in the County of San Diego. -7- Changes requested Councilman Hobel indicated the following changes should be made to the proposed resolution: (1) The sentence indicating the "overwhelming support" of the public to be deleted; (2) The statement requesting the 'Board of Supervisors to adopt appropriate legislation ..." be changed to read" .... to encourage the Board of Supervisors to con- sider adopting ... on a County-wide basis ..." Resolution offered Offered by Councilman Hobel, as amended, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Abstain: Councilman Scott Noes: None Absent: None RESOLUTION NO. 6131 - ACCEPTING, On March 30, 1971, (Resolution NOo 6003) DEDICATING AND NAMING A PORTION OF the Council approved an indenture with the "J" STREET CROSSING THE SAN DIEGO San Diego and Arizona Eastern Railroad AND ARIZONA EASTERN RAILROAD Company which grants the City the right to CORONADO BRANCH construct, reconstruct, maintain and use a street or highway upon and across the real property described in the indenture. The City will reimburse the railroad for all costs and expense incurred by them in connection with the furnishing and con- struction of four flashing light grade- crossing signals. The original resolution was approved on March 30, 1971; however the agreement was not signed by the Railroad Company until May 26, 1971. In order to have this docu- ment recorded~ the original resolution must bc amended in order to change the date. In addition, the resolution includes the accept- ing, naming and dedicating that property as "J" STREET. Cost of signalization questioned In answer to Councilman Hobel's inquiry, Director of Public Worke'~ot~ s~a~e~ that an engineer of the Public Utilities Cormnis- sion visited the site and checked the plans. He felt that the crossing gates and flashing lights must still be installed at the cost of $33~000. The actual cost to the City would be $24,;50; one quarter of the cost is paid by the PUC. Councilman Hobel stated he would like to go on record as pointing out the power the PUC has over cities when they can enforce such a thing as this. There are much more dangerous intersections in our City than this one and some of them haven't even got the flashing lights, with as much as 50 times the traffic generated. 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 -8- RESOLUTION NO. 6132 - AI~NDING By this resolution, the Purchasing Agent RESOLUTION NO. 2018 TO INCLUDE of the City is given authorization to adver- ADDITIONAL PUBLIC AGENCIES FOR rise, when feasible and desirable, for common JOINT PURCHASING ARRANGEMENTS bids covering the requirements of the State of California, the City or County of San Diego, the Chula Vista Elementary School District, the Sweetwater Union High School District, the San Diego Unified Port Dis- trict, or any other public or municipal agency, for periods of time not to exceed one year in duration. 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 NO. 6133 - AUTHORIZING The staffs of the Unified Port District and PURCHASING AGENT TO JOIN SAN DIEGO the City of Chula Vista have cooperatively UNIFIED PORT DISTRICT'S BIDDING FOR been developing plans for the improvement ORNAMENTAL CONCRETE LIGHT STANDARDS of Tidelands Avenue and "J" Street from the Mean High Tide Line easterly. Included in the improvements was street lighting on these two arteries. The Port District is noW in the process of receiving bids for the concrete light stand- ards. There will be a total of 55 standards required; 8 in Chula Vista and 47 in the Port District. It is the intent of the City to reimburse the Port District for the 8 standards upon delivery to the District's storage yard. 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, Hobet, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6134 - AMENDING This resolution amends Schedule V of the SCHEDULE V OF TRAFFIC CODE TO Traffic Code to prohibit stopping at all PROHIBIT STOPPING AT ALL TIMES ON times on Hilltop Drive, beginning at the PORTION OF HILLTOP DRIVE south curb line of "J" Street and ending at a point 1,235 feet south, on the west side of the street. This regulation has been functioning satis- factorily for approximately eight months and it is recormmended that it be made per- manent. 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, Edgdahl Noes: None Absent: None -9- Referred to Safety Commission It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that whenever there is an amendment to the Traffic Code, it should be referred to the Safety Commission for comment and report. RESOLUTION NO. 6135 - GIVING NOTICE Lorry Way was originally dedicated through OF INTENTION TO VACATE A PORTION OF the recording of Robinhood Subdivision, LORRY WAY Unit No. 6. This coincided with the Cali- fornia Division of HighwayS' acquisition of the property fronting along Lorry Way, east of Nacion Avenue, for the construction of the 805 Freeway. Interstate 805 is now completed and the free- way right-of-way monumented and fenced. There remains a small portion of Lorry Way outside of the freeway right-of-wayo This resolution declares Council's intention to vacate this portion and establishes August 10, 1971 as the data for the public hearing. 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 NO. 6136 - ACCEPTING This resolution accepts control lots "Y" CONTROL LOTS IN BRANDYWINE SUBDI- and "Z" which are required to provide for VISION, UNIT NO. 1 the future extension of the street and to control development of adjacent property. 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. 6137 - RECOGNIZING Offered by Councilman Hyde, the reading of CITY OF IRAPUATO, MEXICO, AS SISTER the text was waived by unanimous consent, CITY passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6138 - APPROPRIATING Resolution No. 6034, dated April 20, 1971, FU~S FOR BAYFRONT STUDY approved a joint exercise of powers agree- ment with the City of Chula Vista, the San Diego Unified Port District, and Sedway/ Cooke Consultants for planning services for the Chula Vista bayfront area. The City's share of the consultants' fee is $24,000, and this must be appropriated by the City Council. 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 -10- Tidelands Moratorium Councilman Scott questioned whether an extension would be requested on the mora- torium. Director of Planning Warren will lit. Warren indicated an extension will be report requested through January 1972. This will be an item on the next Council agenda. UNANIMOUS CONSENT ITEM: RESOLUTION NO. 6139 - DECLARING City Clerk Fulasz explained that she received cOtrNCIL'S INTENTION TO CALL A a petition from Mr. Howard Howell, Chairman SPECIAL ELECTION TO ANNEX CERTAIN of the Annexation Committee, on Thursday, TERRITORY KNOWN AS THE SWEEI*vlATER July 15, 1971, containing 714 signatures, VAT3~Y ANNEXATION TO THE CITY OF and a supplementary petition on Tuesday CHULA VISTA morning, July 20, 1971, containing 31 sig- She has worked with the Registrar of Voters and as of 4 P.M. today, 679 signatures have been certified; a total of 655 was needed to call a public hearing. By this resolution, a public hearing will be set for Tuesday, August 10, 1971. City Attorney's comments Mr. Lindberg stated that the purpose of the hearing is to receive protests from the property owners. They must indicate, in a fairly clear manner, the property they own or are 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 fur- ther :action is taken and the matter is filed. If a majority of protests is not received, the Council will then call a date for a special elections at which time all the registered voters in this territory will have an opportunity to indicate their desire~ and a majority will rule on the issue of the annexation. Mr. Lindberg further stated that the City Clerk is not obligated to forward copies of this resolution to all the residents of this area; however, anyone desiring a copy may place their name and address with her and she will forward a copy to them. 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 TO The Council referred to the written report RECEIVE BIDS - REMODELING CITY HALL submitted by the Director of Public Works in which he stated that the plans and speci- fications have been completed for the re- modeling of the City Hall to utilize the space vacated by the Police Department and rearranging of the various departments housed in the City Hall. Mr. Cole indi- cated that the cost of the project will be $170,770 and will be accomplished in four phases with the work completed on March 2, 1972. -11- Authorization granted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that authorization be given to receive bids for the remodeling of the City Hall. ORDINANCE NO. 1344 - ESTABLISHING This ordinance changes the front yard set- CHANGE OF SETBACK ON INKOPAH STREET - back from 20 feet to 10 feet for property SECOND P, EADING AND ADOPTION on both sides of Inkopah Street between Melrose and Monserate Avenues. 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 REPORT ON EXCHAHGE OF IANDWITH City Manager Thomson reported on the meet- RICHARD WILSON lng held with Mr. Wilson regarding the pro- posed exchange of property. Mr. Thomson listed several conditions he would recommend be met before approval is given. Mr. Richard Wilson, Po O. Box 4, Mr. Wilson stated that he agrees to all of Bonita the conditions. Motion to approve It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a resolution be brought back to the next Council meeting approving the exchange of properties with the following conditions: (1) Mr. Wilson to pay for 0'Melveny &Myers opinion of approval (2) Mr. Wilson to provide comparative appraisal at no cost to the City (3) Mr. Wilson to put in sidewalk along frontage to be given to the City (4) Mr. Wilson to cover costs of 140 feet of drainage culvert for his now exist- ing property REPORT ON POLICE MANAGEMENT AUDIT City Manager Thomson stated that Dr. Thomas Gitchoff, Director of Criminal Justice Pro- gram, San Diego State College, will begin the program this summer. Mr. Thomson added that he has received a list of items from the Police Department giving the areas they would like looked into. Report accepted It was moved by Councilman Egdahl~ seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON REQUEST OF HUMAN RELATIONS City Attorney Lindberg stated that the COMMISSION REGARDING EMPLOYEE PAR- Council was presented with a written report TICIPATION IN FUNCTIONS OF PRIVATE on this subject. The policy as recommended CLUBS WHICH PRACTICE DISCRIMINATION by the City Manager can easily be adopted - CITY ATTORNEY to include these other forms of discrimina- tion. Policy to be expanded It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the present City policy concerning dis- crimination be expanded to include racial, religious or ethnic discrimination. -12- REPORT ON MOTORCYCLE NOISE - City Attorney Lindberg discussed the ordin- CITY ATTORNEY ante adopted by the City of Chula Vista. The State Leislature has set forth certain noise limits -- decibel levels which are proclaimed to be illegal for the operation of motorcycles upon the highways. This pre- empts the City's ordinance. Mr. Lindberg added that if the owners of private prop- erties would post their properties, then the motorcyclist can be cited for trespassing. Council discussion The Council discussed the number of cita- tions made by the Police Department. Report next meeting City Manager Thomson stated he would check this out and report back at the next meet- ing. Mr. Fred Drew, 1275 Banner Drive Mr. Drew quostioned the area along Orange Avenue near his residence which he stated is now being used as a motorcycle trail. City Attorney's opinion Mr. Lindberg cormnented that that section of Orange Avenue is not dedicated, and therefore out of the jurisdiction of the State; therefore, it could be treated as private property in the sense that the Ve- hicle Code does not apply. The residents can register protests. Mr. Lewis Smart, 140 Rivera Court Mr. Smart stated that the residents in this area (Max Field) have issued complaints about the motorcyclists. The Police have come down, but no citations were issued. Mayor Hamilton stated this matter will be looked into~ Report accepted and referred It was moved by Councilman Hobel, seconded to staff by Councilman Hyde and unanimously carried that the report be accepted and this matter be referred to the staff for study. Also included in this motion is to bring back a possible ordinance, such as that adopted by the County. REPORT ON REGULATION OF OUTDOOR City Attorney Lindberg stated that now 97 ADVERTISING SIGNS - CITY ATTORNEY cities in this State prohibit outdoor adver- tising structures. This is entirely possible given certain circumstances, such as the nature and character of the city being such that the limitations on the types of uses are reasonable. Mr. Lindberg discussed the City of Coronado as a prime example. He added that if the Council must judge the character of the ~ity, and if they wish to direct that an ordinance be prepared, he would do so. Motion to bring back ordinance It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that an ordinance be brought back banning all outdoor billboard signs. REPORT ON REQUEST OF DANIEL N. Director of Planning Warren stated that the SALERNO, AIA AND ASSOCIATES, Director of Building and Housing has asked RELATIVE TO REMOVAL OF WALLS AT for a continuance of this item for one week. FOURTH AVENUE AND CENTER STREET - Some of the imformation requested from the DIRECTOR OF BUILDING AND HOUSING architect has not been obtained, but a full AND CITY ATTORNEY report will be ready by the next Council meeting. -13- Deferred for one week It was moved by Councilman Scott, seconded by Councilman Hobet and unanimously carried that the matter be continued for one week. SITE AT THIRD AVENUE AND City Attorney Lindberg reported that the MADRONA STREET attorney representing Mr. Sedorf, the owner of the property, has requested two weeks continuance of the criminal complaint to be filed against them, in order to present de- velopment plans to the Council which they have prepared for this site. Council discussion The Council discussed the period of time involved in which the City has been trying to get this matter cleared up. Motion to file criminal complaint It was moved by Councilman Scott, seconded by Councilman Hobel and carried that the matter not be deferred, and that criminal action be filed against the owner. REPORT ON EXCHANGE OF LAND EAST OF Director of Planning Warren explained that PALOMAR STREET AND OLEANDER AVENUE this land exchange would involve the Ameri- - DIRECTOR OF PLANNING can Housing Guild giving the City 7.7 acres of canyon ground in exchange for 6.8 acres of land owned by the City. American Hous- ing Guild has filed an application for a Planned Unit Development in this area and desire to keep the majority of their units north of Palomar Street, west of Oleander Avenue~ resulting in the retention of most of the natural canyon south of Palomar Street. Mr. Warren then listed several conditions they would recommend for approval of the exchange. Mr. Jerry Linton, American Housing Mr. Linton listed several reasons why they Guild~ Mission Village Drive, San believe the land exchange would be bene- Diego ficial to the City. He stated he could not cormnlt his firm to the conditions at this time. One week continuance It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this matter be continued for ~ne week so that American Housing Guild can study the conditions~ as proposed. Planned Unit Development hearing Director of Planning Warren stated they need an indication of intent from the Coun- cil for the acceptance of the exchange so that the Planned Unit Development can be heard by the Planning Commission on Monday, July 26, 1971. Council's intent The Council indicated they would approve the land swap~ if the conditions were met. Legal opinion In answer to Mr. Linton's inquiry, City Attorney Lindberg stated a tentative accept- ance on the part of the Council cannot be given at this point. Terms and conditions cannot be imposed on the Planned Unit Devel- opment on land not owned by the American Housing Guild. Clarification of intent Mr. Warren commented to Mr. Linton that if the conditions were acceptable to American Housing Guild, the exchange will take plae~ but they do have the prerogative to come back next week before the Council and debate on the conditions, if they so desire. -14- REPORT ON RECOMMENDATION OF SAFETY Director of Public Works Cole reported that COMMISSION RELATIVE TO PEDESTRIAN the staff position was to keep the flashing SIGNAL AT BROADWAY, BETWEEN "H" AND light and island at this crosswalk. "I" STREETS - DIRECTOR OF PUBLIC WORKS Mr. Wappes stated the Commission felt the William Wappes, Chairman, Safety pedestrian traffic at this crosswalk was Con~nission not heavy enough to warrant keeping the island. The flashing light, under these conditions, Mr. Wappes added, would be like "asking people to cormnit suicide". Motion to accept report It was moved by Councilman Hyde and seconded by Councilman Scott that the report of the Director of Public Works be accepted. Council discussion Discussion ensued on similar islands at Flower Street and the one adjacent to Fuller Ford Company at 760 Broadway. Motion fails The motion to accept the staff's report failed by the following vote, to-wit: AYES: Councilmen Hyde Noes: Councilmen Egdahl~ Scott, Hobel, Hamilton Absent: None Motion to transfer traffic lights It was moved by Councilman Scott, seconded to Allen School by Councilman Hyde and unanimously carried that the traffic lights from this pedestrian crosswalk be moved to Allen School. Motion for study It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a study be made by the Safety Con, als- sion regarding the two islands -- one across from Fuller Ford and the other on Flower Street -- to see if it is proper to leave the islands and flashing light in, as far as traffic safety is concerned. PROPOSAL FOR IMPROVEMENT OF MEDIAN Councilman Scott explained that this was STRIP ON EAST "J" STREET - DIRECTOR continued from the last meeting. At that OF PUBLIC WORKS time, the Mayor wanted to have a median strip between "J" Street and Interstate 5, the marina and I-5 and Ash Avenue, and in the 600 block of East "J" Street. Motion for Council conference It was moved by Councilman Hobel, seconded by Councilman Hyde and carried that approval be given for the median strip for the 600 block of East "J" Street, and the other por- tions for Council conference° Robert Duryea, 620 East "J" Street Mr. Duryea remarked that the Council voted, at the meeting of April 20, to approve the median strip on East "J" Street and directed the Director of Public Works to hire a land- scape architect to come up with a plan. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: Councilman Hyde Absent: None CONSTRUCTION OF HOTHOUSES ON City Attorney Lindberg stated that a request TIDELANDS was made to the Building and Housing Depart- ment for construction of greenhouses in the Tidelands area. -15- It would be his opinion that, since these would be temporary structures used in con- junction with the existing agricultural use of the land, that it would not violate the moratorium. Motion to approve It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that approval be given for the construction of temporary hothouses in the Tidelands area. VACANCIES ON COMMISSIONS AND BOARDS Mayor Hamilton asked for a time the Council can meet to conduct interviews of applicants. Time set It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the Council conduct interviews on Mon- day evening, July 26, 1971, beginning at 7 P.M. INDUSTRIAL PARK Mayor Hamilton discussed the possibility of the development of an Industrial Park in the City. He co~ented that there is land available -- 273 acres -- bounded by Industrial Boulevard, Naples Street, National Avenue and Main Street. Motion for development of It was moved by Mayor Hamilton, seconded by industrial park Councilman Scott and unanimously carried that the City Council direct the staff to locate land (perhaps in the area just indi- cated) or any other land that lends itself to industrial development, and that the City proceed with the purchase of the land for the development of an industrial park. CPO MEETING Councilman Hobel reported on the meeting he attended in which SANCOG was discussed. They adopted a resolution sent to the Board of Supervisors asking support of the SANCOG legislation now in Sacramento (Pete Wilson's bill). Discussion on Special Districts Council held a discussion concerning the Special Districts that would come under SANCOG. Councilman Hobel con~nented that there is proposed legislation to put ~pecial ~istricts under LAFCO. Motion to oppose It was moved by Councilman Scott, seconded by Councilman Nobel and unanimously carried that a resolution be brought back in opposi- tion to putting any Special Districts onto LAFCO. Copies of this resolution to go to all the cities involved encouraging them to adopt a similar resolution. TREE COI~4ITTEE Councilman Hyde gave a brief report on a meeting held recently in which they received some good ideas on tree preservation. WRITTEN COMMUNICATIONS: Request of Daniel N. Salerno, Mr. Salerno referred to certain public AIA and Associates, regarding improvements which the Director of Public apartment project Works has required his client to make in conjunction with an apartment complex north of Telegraph Canyon Road and east of Crest Drive. Mr. Salerno states that his client proposes the following: -16- (1) Provide storm drain easements to the City, sufficient to allow for a 50-year storm drainage, channels to be constructed. (2) Provide full street improvements on the north half of Telegraph Canyon Road and the east half of Crest Drive for the front- age of the property under discussion° (3) Limit all vehicular access to the prop- erty to two entrances off Crest Drive and one entrance off Telegraph Canyon Road. (4) Provide adequate vertical clearance on the building floor slabs and any bridge structures above the floor plane elevation. (5) Provide a graden apartment complex with individual outside entrances to each unit and generous landscaped spaces between buildings. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this letter be referred to the staff. Letter from Downtown Association Mr. Ken Wessel, President~ Downtown Associa- regarding bus stops in the down- rich, refers to the report submitted by the town area Traffic Engineer in which he recormuends the removal of nine bus stops. The Downtown Association requests that this matter be sent to the Parking Place Conunission for study prior to approval by the Council. They feel that perhaps stripes could be utilized on the sidewalk for passenger load- ing to which point the bus driver would have to pull up. Referred to Cotmuissions It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to the Parking Place Cormmission and the Safety Cou~aission. Letter from Downtown Association Mr. Ken Wessel~President, Downtown Associa- regarding "Our House" riCh, reported on a meeting held by this association regarding "Our House". They unanimously opposed this center, listing several reasons for doing so, indicating that it has now become a serious deterrent to the business climate in the central busi- ness district. The Downtown Association is requesting Council to take corrective meas- ures. Set for Council conference It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this matter be set for Council confer- ence on Wednesday, July 28, 1971. The Clerk is directed to invite the Board of Directors of "Our House", Downtown Association, and the Chairmen of the Human Relations and Youth Cormuissions. Request of James B. Robinson, Mr. Robinson's letter is a complaint against 132 East Naples Street~ regarding littering the streets of the City with un- advertising leaflets solicited advertisements. He specifically refers to unsolicited papers, advertisements, and periodicals thrown on private property. Mr. Robinson adds that there is an ordinance against this~ and requests Council action in enforcing this ordinance or changes made to have this practice stopped. -17- Legal opinion Councilman Scott stated he received a detailed legal opinion on this from the City Attorney. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this item be held over for one week, and Councilman Scott will provide copies of the legal opinion to the other members of the Council. ORAL COMMUNICATIONS: Tennis Courts - General Roca Park Mr. David Knox, 65 Davidson Street, made the following complaints: (1) The tennis courts at the Park are dangerous due to the slick surface. (2) As presently installed, the sprinkler system sprays water onto a portion of the court; by a simple adjustment of the sprink- lers, water can be kept off the courts. (3) Turf around the courts is not being maintained and is dying. (4) He has repeatedly asked the Parks and Recreation Department to keep the Park clean. They do so for three or four days after the complaint, and then the Park is dirty again. Referred to staff Mayor Hamilton directed that this matter be referred to the staff. San Diego Youth Symphony Mrs. Leland Cook, Jr., President of the Board of Trustees, San Diego Youth Symphony, stated the group is scheduled to present four to six major concerts in the National Theater next month in San Jose, Costa Rice. Mrs. Cook asked for financial support of the trip~ and requested a letter or key to the City one of the students from Chula Vista could present to the President of Costa Rice. There will be six students from Chula Vista making this trip, and she is requesting $600. Mayor Hamilton stated he would be happy to give one of the students a key to the City and a letter to present to the President of Costa Rica. No action was taken on the financial request. Lewis 9~t, 140 Rivera Court Mr.~(a~tated he was here at the sugges- tion of one of the Police officers. He com- plained of the rock-throwing and window- knocking that has been going on in his area for the past year. He would make the fol- lowing suggestions: (1) get more lights for the street; (2) hire more policemen in Chula Vista. Street lights Mayor Hamilton asked Mr. ~to~ talk to the Director of Public Works for additional street lights. City Manager's cormuents Mr. Thomson con~uented that the Police Depart- ment was given ten additional personnel last year. He added that this will be part of the Police study. -18- Refer to Police Chief Mayor Hamilton asked the City Manager to also bring this matter to the attention of the Police Chief to see if something could be worked out there. Fred Drew, Banner Court Mr. Drew talked about the increased popula- tion of Chula Vista and suggested the number of Conncilmen be increased and the Council- men to become more representative of the areas that are so unique and different in the City. Charter Review Committee Mayor Hamilton explained the function of the Charter Review Committee that is now meeting, and suggested Mr. Drew contact his secretary as to the date and time of the next meeting. Kathryn Moore, 1134 Tobias Drive Mrs. Moore reported on a meeting she attended conducted by the Board of Super- visors regarding the Castle Park-Harborside area. She wrote a position paper on this, backing up the Director's o£ Planning posi- tion on this plan. ADJOURHMENT Mayor Hamilton adjourned the meeting at 11:55 P.M. to the meeting scheduled for Wednesday, July 21, 1971 at 3 P.M. -19-