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HomeMy WebLinkAboutcc min 1971/05/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA, CALIFORNIA Held Tuesday May 4, 1971 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7 PoM., in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, 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 Planning Warren, Director of Parks and Recreation Jasinek, Fire Chief Smithey, Acting Park Super- intendent Bradstreet The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of April 26 and 27, 1971, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST CO~ISSIONER Mayor Hamilton introduced Mrs. Mary Taylor, member of the Human Relations Conm~ission, as guest ~ommissioner for this meeting. QUARTERLY FINANCIAL REPORT - Mrs. Phyllis Foster, Executive Secretary, CHULA VISTA VISITORS AND submitted the quarterly financial report CONVENTION BUREAU to the Council, noting that as of April 28, they are now serving the public from their new quarters at 750 '~" Street. PRESENTATION OF PROCLAMATION Mayor Hamilton presented a proclamation to Herb Latham, Commander, Disabled Veterans, proclaiming Thursday, June 17, 1971, as Disabled American Veterans Day. 50th ANNIVERSARY OF FIRE Mayor Hamilton thanked the Fire Department DEPARTMENT for the helmet presented to him, and com- mended the department on their fine service to the cormmunity. PUBLIC HEARING (continued) - Director of Planning Warren explained that CONSIDERATION OF CHANGE OF ZONE these two items will be discussed together FROM R-3 TO I-L FOR PROPERTY AT since the Conditional Use Permit is depemd- 621 "L" STREET - IMPERIAL TRUCK ant upon the rezoning. The requests con- LINES, INC. earn the property on the north side of "L" Street between Broadway and Riverlawn Avenue. 2t[BLIC HEARING - APPEAL OF HERBERT The property is zoned R-3 and contains a YOUNG OF PIANNING COMMISSION trucking terminal which was established by APPROVAL OF GRANTING A CONDITIONAL a variance granted in September 1950. USE PERMIT TO IMPERIAL TRUCK LINES, INC. - 621 "L" STREET Mr. Warren discussed the history of the objections of the adjacent property owners to this use. The applicant was advised that he would need to file for a zone change if further additions were to be made to this operation. The Planning Cormmi~sion recom- mends approval of the change in zone, and a denial of thc appeal of the Conditional Use Permit. Public hearing opened This being the time and place as advertised, the public hearing was declared opened. Donald R. Worley, Attorney, Mr. Worley stated he is representing the Seltzer, Caplan, Wilkins & McMahon, owner of the property, John Wanders and 3003 Fourth Avenue, San Diego Imperial Truck Lines. He recapped the history of the trucking operation which he stated has been at this location for 21 years. They now wish to construct a maint- enance building at the northeast corner of the site and an addition to the dock build- ing. Mr. Worley asked Council approval of their request declaring that the City Would benefit, since it would give greater control over the business through the guide-lines delineated in the precise plan. Herbert Young, 873-B Riverlawn Mr. Young requested a 60-day continuance Avenue so that he could notify the people in the area of the impact of the industrial zone. City Attorney's opinion Mr. Lindberg stated that the City has ful- filled the legal obligations insofar as notifying the residents of this area of the public hearings held before the Plan- ning Cormnission and the City Council. Director of Planning Warren Mr. Warren commented on the abatement sec- tion in the Zoning Ordinance, and briefly explained the Performance Standards as it relates to the level of noise. Noise problem Mr. Lindberg remarked that this matter has been before the Court, and the Court has found that there was no violation of the basic noise ordinance as it pertains to this particular trucking operation. Herbert Young Mr. Young commented on the noise factor: before they built the wall, it was 95 deci- bels; after they built the wall, it was 80 decibels. During the summer momths, the noise is greater, since more of the activity is centered outside. Petition noted City Clerk Fulasz noted: for the record, the petition received by the Planning Com- mission protesting the request, signed by eight residents representing six properties. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1331 - APPROVING It was moved by Councilman Scott that this REZONING FROM R-3 TO I-L-P FOR ordinance be placed on its first reading PROPERTY AT 621 "L" 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Appeal of Conditional Uge It was moved by Councilman Hyde, seconded Permit Denied by Councilman Egdahl and unanimously car- tied that thc appeal of the conditional use permit be denied. -2- PUBLIC HEARING - CONSIDERATION OF A letter was received from William B. Rick, WAIVING UNDERGROUND UTILITIES FOR on behalf of the developers, withdrawing F.B.M. SUBDIVISION the appeal of the requirements of Ordinance No. 956 for undergrounding of utilities in this subdivision. City Attorney Lindberg explained that he received a call from the attorney represent- lng the subdividers. They requested the matter be filed because the subdivision pro- visions relative to undergrounding are not applicable, and they feel they are exempt from those provisions. The attorney stated he could not be present to speak on this tonight and requested a continuance. Continued for two weeks It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the matter be continued for two weeks. Councilman Scott explained that the part of the ordinance referred to by the subdi- vider was some language that was there only for the inception of the ordinance and had nothing to do with anything subsequent after that. Motion to amend ordinance It was moved by Councilman Scott~ seconded by Councilman Egdahl that this ordinance be brought back to the City Council with that particular language deleted. Additional amendment suggested City Attorney Lindberg felt it would also be appropriate at this time to have staff look at an amendment to this provision in light of the potential changes of the exist- ing multiple-family dwellings to condominium units~ and require that as one of the regu- lations of all condominiums in the City. If there were any conversions to this type of development, the developers could look to undergrounding as well. Included in motion Councilman Scott stated he would include this in his motion. Councilman Egdahl agreed to the second. The motion carried ur~nimously. ORDINANCE NO. 1332 - ADOPTING The Board of Appeals has recommended adop- UNIFORM PLUMBING CODE, 1970 tion of the amendments° The primary reason EDITION, WITH AMENDMEIqTS AND for the proposed amendments is to provide APPENDIX A AND F - FIRST HEADING for adaptation to new and acceptable materials now available. It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6048 - DECLARING This property involves 999.3 acres of land, CITY'S INTENTION TO ANNEX EL located north of Telegraph Canyon Road with RANCHO DEL REY, PHASE I ANNEXATION the San Diego Gas and Electric Company right- of-way as the northern boundary and is pre- dominately owned by the Otay Land Company. -3- ~he Local Agency Formation Con~nission has approved the annexation, and the City Plan- ning Cormnission recommends approval. Since this proposed annexation does not have 1007o consent of the remainder of the property owners, it is necessary to set this for public hearing. The hearing will be sched- uled for June 8, 1971. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6049 - DECLARING This property involves 92.4 acres located CITY'S INTENTION TO ANNEX RANCHO south of Otay Valley Road and west of Inter- RIOS MAIN STREET ANNEXATION state 805 right-of-way. The Local Agency Formation Commission has approved the annex- ation, and the City Planning Con~nission recon~ends approval. Since this proposed annexation does not have 1007o consent of the property owners, it is necessary that it be set for public hearing. The hearing will be scheduled for June 8, 1971. Resolution offered Offered by Councilman ggdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Set for public hearings It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that thc two proposed annexations (El Rancho del Rey and Rancho Rios Main Street) be set for public hearing for June 8, 1971. RESOLUTION NO. 6050 - AUTHORIZING The resolution authorizes the expenditure EXPENDITURE OF FUNDS FOR STORE of $850 for this operation for the balance FRONT OPERATION of this fiscal year. Community Promotion fund questioned Councilman Scott commented that this should not come out of the Cormnunity Promotion account, since it does not fit that cate- gory; that perhaps it should come out of the Council budget. City Manager Thomson explained that it would come out of the General Fund, and that the Con~nunity Promotion account is actually under the custodianship of the Council budget. Councilman Scott requested that an internal accounting change be made, and that this expenditure be taken out of the Council budget. 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: -4- AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None KESOLUTION NO. 6051 - APPROVING This agreement provides fire protection to AGREEMENT WITHWOODLAWN PARK the District for a fee of $100 per month FIRE PROTECTION DISTRICT FOR to be obtained from a District tax rate of FIRE PROTECTION SERVICE $1.28 per $100 assessed valuation. The revenues remaining after the payment of this $100 contract fee are to be applied to fire hydrant rental costs and other ad- ministrative coots of the District. 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 FROM ENVIRONMENTAL CONTROL This Conanission is requeoting an additional COMMISSION FOR ADDITIONAL FUNDS FOR $225 for the balance of this fiscal year SECRETARIAL SERVICES for secretarial services. The Council questioned the recent appro- priation made to this Conwnission which included secretarial services. City Manager Thomson explained that he talked to the Chairman of this Cormuission, and he explained that the services of their secretary have increased to about 20 hours a week; that there will be no let-up on this -- if anything, it may increase. Motion to have ECC Chairman It was moved by Councilman Scott, seconded appear before Council by Councilman Hobel and unanimously carried that the Chairman of the Environmental Con- trol Cormnission come before the Council and explain the need fo~ this amount of secre- tarial service: what the workload is, what the secretary is doing, and why one Cormnis- sion needs a one-half time employee. This matter is to be tabled until such time as the Chairman appears before the Council. ORDINANCE NO. 1329 - APPROVING It was moved by Councilman Scott that this PREZONING FOR PROPERTY EAST OF THIRD ordinance be placed on its second reading AVENUE, SOUTH OF KENNEDY STREET, and that reading of the text be waived by FROM C-2/R-2 TO C-C-P AND R-3 - unanimous consent. The ordinance was passed SECOND READING AND ADOPTION and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobe!, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1330 - APPROVING It wao moved by Councilman Scott that this CHANGE OF SETBACK FOR PROPERTY ordinance be placed on its second reading FRONTING ON FIFTH AVENUE, NORTH and that reading of the text be waived by OF "H" STREET - SECOND READING unanimous consent. The ordinance was passed AND ADOPTION and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None -5- REPORT ON ESTABLISHING BICYCLE PATHS Director of Parks and Recreation Jasinek IN CITY - DIRECTOR OF PAP, KS AND referred to his written report submitted RECREATION to the City Council which the Acting Parks Superintendent, Dave Bradstreet, obtained from his recent trip to Davis. Mr. Bradstreet then presented slides show- ing the unique bicycle lanes, trails and the Arboretum adjacent to the University of California at Davis campus. Councilman Egdahl con~nented that he would like to see bicycle trails going out to the scenic spots, such as the College, to Otay Lakes, etc., as Telegraph Canyon Road is being developed. The same is true with the construction of '~" Street extension in an easterly direction. Sweetwater Regional Park is providing bicycle trails, and the City should think of providing accesses to these. Councilman Egdahl then commented on the area at Silverwing Park which is desig- nated as a bike route. Referred to Parks and Recreation It was moved by Councilman Egdahl, seconded Cormnission by Councilman Scott and unanimously carried that this matter be referred to the Parks and Recreation Commission for further study. YOUTH IN GOVERNMENT DAY Mayor Hamilton announced that Monday, May 24, 1971, has been set aside for "Youth in Government Day!'. The Council will be par- ticipating with the Chula Vista High School in this event. Mayor Hamilton added that two such programs are planned each year -- one in the Spring and one in the Fall, al- lowing participation by the various schools. REDISTRICTING THE SUPERVISORIAL Mayor Hamilton referred to a letter received DISTRICTS from Mayor Kile Morgan of National City. Mayor Hamilton directed that a letter be written to the County to find out how the Districts now stand from population figures, so that this information will be available to the Council. Also, that the Council should determine whether the City Clerk should rep~ementthe Council, as suggested, and to make some decision as to whether or not they would favor a seven-man Board. If all the cities favor this, then this Council can work on a district for seven, as well as five, as now exists. Referred to Council Conference It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be set for the Council con- ference scheduled for May 17, 1971, at 3 P.M. to discuss the alignment of districts; whether the Council should endorse or reject the proposal to go to meven supervisorial dist~ict~, and the relationship of these matters to the over-all problems of regional government. -6- EXECUTIVE SESSION Mayor Hamilton moved, seconded by Council- man Scott and unanimously carried that the Council adjourn to Executive Session, after Oral Cormnunications, for personnel negotia- tions. Councilman Hobel asked that the motion include discussion of possible litigation° Mayor Hamilton stated he would include this in the motion; Councilman Scott agreed to the second. CPO VOTING FORMULAS Councilman Scott commented on the proposal submitted. He suggested the following alternative: That the cities be given a proportionate to their population on the day-to-day issues. That four out of the thirteen entities could call for a special vote. On a special vote, it would take seven entities to pass it (this would be a one city, one vote). On the former, it would be strictly proportionate to their population. This would not give San Diego a majority, and it would have the safeguard whereby, if something was drastically wrong, the majority of the cities could protect themselves on a one vote, one city basis. Further discussion The Council discussed this further, offer- ing comments and suggestions. Conference called It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that an adjourned regular meeting be called for Thursday, May 6, 1971, at 3:30 P.M. to discuss the voting formulas. PARK-SCHOOL COI~4ITTEE Councilman Scott suggested the Park-School Committee be made a coordinating group be- tween the schools and the City to discuss drugs, recreation, problems, etc. Councilman Scott moved, seconded by Council- man Hyde and unanimously carried that the Mayor be directed to write a letter to the school districts asking for their comments. Councilman Hyde suggested this Cormnittee also discuss the problem of planning for facilities when large subdivisions are brought in; and coordinating for educational programs~ such as the Police and Fire pro- grams with the schools. SPECIAL MEETING OF THE ASSEMBLY Councilman Scott noted that on May 6, 1971, OF LOCAL GOVERNMENT a special hearing has been called, chair- maned by John Knox, as it relates to annex- ations. It was moved by Councilman Scott, seconded by Councilman Hobet and unanimously carried that the City Attorney and the Mayor, if possible, attend this meeting and represent the City of Chula Vista. -7- POWER POLES Councilman Scott cormnented on the ugly poles erected by the San Diego Gas and Electric Company and wondered if there was some action this Council could take to have these changed. City Attorney's opinion Mr. Lindberg commented on the aesthetics of the poles, stating there was no legal authority to dictate to the SDG&E what type of poles they must erect. Motion to rescind former action It was moved by Councilman Scott that if the money appropriated by the City for this use was not expended, that this money be retracted, and that action be rescinded. The motion died for lack of second. Motion for resolution to be It was moved by Councilman Scott that a brought back resolution be brought back to the City Council rescinding the action on the $92,000 expenditure for the towers. The motion died for lack of second. Motion for report It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the staff bring back information to the Council as to whether or not the money has been expended, and that this money not be expended until the Council reconsiders this action. SANCOG MEETING Councilman Hobel con~nented on the meeting held Monday. He did not attend, but was informed that Council Counsel Berry (County) and Attorney Hamilton, representing the Board of Supervisors, attended. Their cormnents were that the joint powers agreement would never go. If decisions were to be made on a regional basis, it would have to be by legislative mandate. LANDSCAPING FREEWAYS Councilman Egdahl commented on landscaping the freeways that run through Chula Vista. He directed the staff to bring back a report as to what the responsibilities of the City and the State are in this respect, especially as it relates to the work being done on 805 Freeway and Interstate 5. BILIMOARDS Councilman Scott commented on the ordinance passed two y~ars ago abating the billboards along the freeways. He spoke of pending litigations in Es¢ondido and the recently enacted ordinance of San Diego, and indi- cated it may now be appropriate to eliminate all billboards from the City of Chula Vista. City Attorney con~nents City Attorney Lindberg asked for the oppor- tunity to investigate this and report back to Council. STREET SWEEPING AND TRASH PICKUPS Councilman Egdahl suggested these two be coordinated in such a way whereby the trash pickup could occur perhaps a day later than the street ~weeper. City Manager Thomson stated he would look into this and report back to Council. -8- WRITTEN COMMUNICATIONS: Request to paint addresses on The letter, written by Pastor Jim Runyan, City curbs - Calvary Foursquare is for permission to paint addresses on Church city curbs. He states that the monies derived from this project will be used in a program to counteract the high rise of drug use. Referred to staff for action It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to staff for decision and action. Request for support of SB 333 - The City of Santa Barbara is requesting City of Santa Barbara Council support of its stand for strong opposition to the enactment of Senate Bill 333. They contend that this would inject third parties who have no fiscal responsi- bility into the local government arena, in- viting unrest, create a special group of employees, and would have a long range damaging effect on employer-employee rela- tions in California. Motion to oppose It was moved by Councilman Scott~ seconded by Councilman Hyde and unanimously carried that the Council strongly oppose this measure. REQUEST FOR ENDORSEMENT OF Attorney General Younger is requesting LEGISLATIVE PROPOSALS - EVELLE J. Council endorsement of a series of proposals YOUNGER, ATTOIhNEY GENERAL in the fields of criminal justice, environ- mental control, consumer protection, and the rights and obligations of 18-year olds. Referred to Legislative It was moved by Councilman Scott, seconded Co~nittee by Councilman Hyde and unanimously carried that this be referred to the Legislative Con~ittee for report back to Council at the next meeting. ORAL COMMUNICATIONS: Mr. Pochodowicz, 10 East Mr. Pochodowicz stated he was concerned Palomar Drive with the one access approved for the Apollo 2 Subdivision. If a major catastrophe should ever occur, the people living in that area would be in danger. Planning Director comments Mro Warren commented that there are two access-ways to this development. City Attorney con~ents Mr. Lindberg cautioned the Council that the matter has been previously discussed by both the Planning Corm~ission and the City Council. Mr. Pochodowicz stated he is merely asking the Council to take a stronger look at these things in the future~ and perhaps refer these matters to the Safety Commission, as well as Planning Commission and Council. Jim Daughn, 286 Seavale Mr. Daughn stated he was from the South Bay Branch of the YMCA and spoke of inter- agency communication and assistance as it relates to DEFY and youth-type programs. He asked why his organization wasn't eon- tacted for their expertise in this program. -9- He also asked about rumors that all agencies that are leasing property from the City would have to vacate within five years. Lease of City property The Council assured Mr. Daughn that this was strictly a rumor -- there is no phasing out of these agencies leasing City property. Coordination of groups Councilman Scott felt there should be a greater amount of coordination among all these groups~in solving these problems, and they should report to the Council as to what they are doing. Councilman Scott sug- gested this matter be referred to the Human Relations Commission for this coordinated effort. Mrs. Mary Taylor Mrs. Taylor agreed and stated she will re- port this back to her Commission for coordi- nation of these groups. Herb Latham, Commander, Mr. Latham thanked the Council for the Disabled American Veterans Proclamation presented to his organization. He stated there were 1936 members, over 600 of them from Chula Vista. EXECUTIVE SESSION The Council adjourned to Executive Session at 9:25 P.M. and the meeting reconvened at 10:05 P.M. PURCHASE OF PROPERTY, 400 BLOCK It was moved by Councilman Hobel, seconded OF EAST "J" STREET by Councilman Scott and unanimously carried that the staff be directed to look into the feasibility of purchasing the property located in the 400 block of East "J" Street, across the bridge, southeast corner, (tri- angular shaped parcel) presently zoned R-1. This matter is directed to staff for dis- cussion with Parks and Recreation in regard to the Master Plan, and also as to priority. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 10:10 P.M. to the meeting scheduled for Thursday, May 6, 1971 at 3:30 P.M. City Cl~rk -10-