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HomeMy WebLinkAboutcc min 1971/03/30 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday March 30, 1971 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7 P.M., in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, California, with the following Councilmen present: Councilmen Scott~ Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Assistant Director of Planning Williams, Director of Parks and Recreation Jasinek and Associate Planner Lee The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meeting of March 16, 1971, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST COMMISSIONER Mayor Hamilton introduced William Rathmann, member of the Parks and Recreation Coumais- sion, as the guest conunissioner for this meeting. RESOLUTION NO. 5999 - COMMENDING Offered byMayor Hamilton, the reading of CARL YOUNG STANLEY ON HIS SERVICES the text was waived by unanimous consent, TO THE CITY passed and adopted by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Egdahl, Scott, Hobel Noes: None Absent: None PUBLIC HEARING - CITY'S INTENTION Thi~ being the time and place as advertised, TO GRANT ELECTRIC AND GAS FRANCHISES Mayor Hamilton declared the public hearing TO SAN DIEGO GAS AND ELECTRIC opened. COMPANY Mr. Hirr, 101 Ash Street, San Diego, stated that their application for the franchise of Mr. Otto Hirr, San Diego Gas gas and electric was submitted on March 4, and Electric 197t, pursuant to the Franchise Act of 1937. This was to use Chula Vista streets for dis- tributing gas and electricity for an indeter- minate term. They will pay to the City 2% of the gross annual receipts arising from the use and operation of this franchise pro- vided that no payment will be le~s than 1% of the gross annual receipts from the sale of gas and electricity. Kathryn Moore, South Bay Citizens On be~atf of the Cormmittee, Mrs. Moore made Planning Go~mittee the following recommendations: (a) the City should decrease the 2~ fee and state in the new franchise that SDG6~E use these funds for air pollution control~ (b) review the fran- chise in 5 years, again considering the re- duction of the percentage fee charged and lengthening the franchise period provided the company shows proof of progress in air pollution control. Kathryn Moore, 1134 Tobias Avenue Mrs. Moore, speaking as an individual, made the following recon~nendations: (a) that SDG&E be required to investigate the Dreyfuss designed overhead structures and replace the present structures for towers more pleasing in appearance; (b) more unobtrusive routes be chosen in the future so that lines do not pollute residential areas; (c) stack emis- sions be stricter than that of the City of San Diego; (d) stack monitoring device meas- uring the emissions be installed with daily reporting to the public; (e) franchise be up- dated in 5 years. Richard Morasso, 5492 Ithaca Street Mr. Morasso spoke against the granting of the indefinite period of time for the fran- chise. He stated pollution was the issue, that standards must be upheld and should be written into the contract. Richard Glenn, Chairman, Environ- Dr. Glenn stated that the Cormnission has mental Control Con~nission and requested that the City Council delay action speaking as an individual until the Commission has had time to review this matter, and submit its recommendations. He asked that a penalty clause be written into the franchise whereby the Company would be charged if they exceeded air pollution control levels. Dr. Glenn elaborated on this point, delineating how this financial burden could be imposed. City Attorney explains Dinuba Mr. Lindberg indicated the testimony was not formula and 1937 Franchise Act relative to the issue. The Company has the right to locate their power plant in Chula Vista, and if they are polluting the air, laws can be passed to establish performance standards. In answer to Mr, Morasso's request, Mr. Lindberg explained the Dinuba formula and the 1937 Franchise Act. Mr. Lindberg further co~nented that if there is to be any change in the proposal as re- quested, he would advise that the hearing be closed and either act upon the present proposal or re-advertise for the specific proposal which the Council may deem desirable. The present franchise expires on May 3, 1971, but Mr. Lindberg added~ there would be no difficulty in the Company continuing the operation under the present terms until the Council arrives at a mutually accepted con- clusion. Public hearing closed There being no further con,nents, either for or against, Mayor Hamilton declared the public hearing closed. Franchise fee discussed Councilman Scott commented that the 2% pro- posed is less than what the City is now re- ceiving, since the Company is using the Dinuba formula. ~e is against getting less money than the City has been getting for the last 50 years. As for the indeterminate amount of time~ this does nothing for the City; he feels 25 years should be approved for the contract. Mr. Scott further indicated that the City should take no action until such time as the City of San Diego's franchise is settled and whether they will get their sur- charge (after June). -2- Motion to continue It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that, at this time, a franchise not be granted to San Diego Gas and Electric until such time as the San Diego surcharge is de- termined by the Public Utilities Commission of California, and how it affects the City of Chula Vista. Company to continue operation Mr. Thomas Sagar, Assistant General Attorney for San Diego Gas and Electric, stated he could not commit his company to continue operation beyond the expiration date of May 4, 1971, without a formal agreement. He stated he would check with the manager of his company about this. City Attorney Lindberg remarked that an emergency ordinance could be passed if they felt it was necessary. PUBLIC HEARING - CITY'S INTENTION This is a request by the Chula Vista Sani- TO GRANT A TEN-YEAR EXTENSION OF tary Service for a ten-year extension of CONTRACT TO CHULA VISTA SANITARY their existing contract in order to permit SERVICE an improved financial basis for their loan negotiations regarding motive equipment purchases. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. William Cameron~ Attorney Mr. Cameron stated that in order to main- representing Chula Vista rain the present level of service at the Sanitary Service same cost to the citizens of Chula Vista, the Company must be placed in a position whereby they can go to the lenders of their capital requirements (about $250,000). This is also based on anticipated growth: (Bonita Valley and Gersten development) and predi- cated on the next 18 months. The Company is asking for a 10-year renewal beginning with the expiration date of June 1972. Gall Johnson, 369 Windsor, South Mi~s Johnson stated that the Co~aittee wishes Bay Citizens Planning 0ommittee to make the following recon~nendatlons: (a) the possibility of using waste collection equipment that separates the garbage upon pickup; (b) the possibility of combining with other solid waste disposal agencies in an effort to collect, separate and recycle solid waste; (c) requirement that the fran- chise be reviewed every two years in order to appraise the company's progress in devel- oping new and better ways of picking up and recycling refuse. Kay Erwin, 367 Church Avenue Mrs. Erwin spoke of the cooperation she re- ceived from this company in conjunction with "Jobs for Youth". Ken Wessel~ Manager of Leader's Mr. Wessel stated that the Board of Directors Department Store of the Downtown Association recommends approval of the contract. Mrs. Albert Decker~ 1526 0cala Mrs. Decker spoke against thc request, indi- cating the company was not living up to its contract in making the number of pickups. -3- Richard Morasso, 5492 Ithaca Street Mr. Morasso challenged the time element involved, indicating that the next 10 years will be exciting ones with revolutionary changes. He objected to a time period of more than 5 years with the stipulation that there be insured flexibility to initiate pilot programs for different methods of refuse pickup (composting, a process that yields fuel in the trash, recycling). Don Ralphs, 101 "I" Street Mr. Ralphs stated he has lived here for 21 years and has never received the second garbage pickup. If the company has to pick up large objects, there is an additional charge. He objected to the long term con- tract. Dr. Richard Glenn, Chairman, Dr. Glenn stated that the Commission has Environmental Control Commission requested that the Council take no action on this matter until they have time to re- view it. He commented on the provisions set up in the ordinance regarding trash pickup, and felt that Chula Vista should be flexible enough to insure the possibility of recycling materials. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Assistant City Manager cor~nents Mr. Bourcier stated it is the staff's recom- mendation that the 10-year renewal of the contract, as requested, be approved. Salaries and billing questioned In answer to Councilman Hobel's inquiry, Mr. Dick Chase, co-owner of the Chula Vista Sanitary Service, explained they have t~o executive officers: one receives $1,000 a month, and the other $600 a month. Mr. Chase then explained the present bill- ing process, cormnenting that they are con- sidering a 3-month advance billing because of the postal increase and the fact that it would cut down the cost of billing. Modification of contract The Council held a general discussion on the terms of the agreement. City Attorney Lindberg spore of the Council's control in this matter stating it was the privilege and duty of the Council to review the rate struc- ture. It could be placed in the contract that the Council would have the opportunity to request terms by the representatives of the company and the City to discuss whether or not there was actually an updating of techniques and whether the company was keep- ing abreast of the changes being made through- out the country regarding ecology, etc. Trash pickup discussed Councilman Scott discussed an article appear- ing in WESTERN CITIES magazine regardiug a disposal system using a "claw" or mechanical arm to pick up trash. He would like to know how this City could implement this with the existing system, Motion to bring back resolution It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Attorney be directed to bring back a resolution proposing an extension of the contract for the period requested, but -4- that the contract be modified to provide for a billing procedure. Also that a statement be entered into the contract indicating the City's interest in the company's following an active policy to stay abreast of the latest procedures for trash service, bearing in mind environmental consideration. Also, that an annual, or some other appropriate report to the Council on the company's activities in this regard be made. Recess called The Mayor called a recess at 8:42 P.M.; the meeting reconvened at 8:55 P.M. PUBLIC HEARING - APPEAL OF HOUSE Senior Planner Williams explained that the OF FABRICS OF PLANNING COMMISSION House of Fabrics has attached a sign to the ACTION IN DENYING A VARIANCE FOR free-standing Fed Mart sign at 1367 Third PERMISSION TO MAINTAIN A POLE SIGN Avenue; this was installed without any build- AT 1367 THIRD AVENUE lng permit and is a violation of the ordin- ance. The City Planning Commission has denied a request for a variance to maintain this sign declaring that no hardship exists, and the structure does not conform to the ordinance. Public hearing opened This being the time and place as advertised, the public hearing was opened. Casius Clay Blakely, Jr., 1660 Mr. Blakely stated it was his company that Stanford Street, Santa Monica installed the sign. He feels there is a hardship involved here since the store is situated at such a location that it is not visible to the passing motorist. They need the existing sign for identification. Mr. Blakely added he has plans prepared in 1967, showing that the original two poles, when installed, were intended to support a very small identifying sign exactly like the one they installed. In answer to Councilman Scott's inquiry, Mr. Blakely stated he directed that the sign be installed, even though he knew it was illegal, because he hoped to obtain a permit for it, and also that he felt it was all right since they had plans showing where it was originally. Morrie Abramson, 1120 Sherman Way, Mr. Abramson spoke of the number of stores Sun Valley~ representing House of they have throughout the area, and discussed Fabrics the other existing signs in this area~ Council discussion Council discussed the signs along this street (Thrifty, Safeway, Kentucky Chicken, etc.) and the signs that would be phased out in accordance to the sign ordinance. Public hearing closed There being no further comments, either for or against, the Mayor declared the hearing closed. Motion to deny request It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the appeal be denied. PUBLIC HEARING - CONSIDERATION OF Associate Planner Lee explained that the PREZONING FOR 70.6 ACRES LOCATED ON applicant has submitted an application to THE SOUTH SIDE OF MAIN STREET the City Planning Commission for prezoning BE~EEN SWEETWATER ROAD AND 1-805 to R-2, R-3-T, C-V and C-C. The Commission has recommended that this Planned Unit Devel- opment be prezoned R-2, R-3-G, R-3-G-F, C-N -5- and C-V. Mr. Lee then explained in detail the zonings and land use as proposed by the developer. He added that the Planning De- partment received letters from the school districts regarding the school impact, and an added request from the Chula Vista City School District that units '%" and "F" be approved at this time, but no additional housing east to the Freeway be approved until such time as they may be able to evaluate the impact of these two units. In answer to Councilman Hobel's inquiry, Mr. Lee compared the proposed R-2 develop- ment of this planned unit development with that of Holiday Estates, Units 5 and 6, noting that the open areas will be maintained through a Homeowners Association. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. E. C. Malone, 2136 Aveinda de la Mr. Malone, the developer, explained the Playa, La Jolla different aspects of the proposed develop- ment, stating that the Homeowners Association was a mandatory one. The prices of the homes will range from $17,000 to $23,000; this in- cludes interest in the pool and recreational facilities. As to landscaping, Mr. Malone reiterated that rather than put $140,000 in an underground drainage system, he would rather put $40,000 underground and $100,000 above ground which would include one-half of the culvert under Main Street, a pedestrian underpass, etc. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Maintenance District discussed Councilman Scott discussed the merits of a Maintenance District as compared to that of the Homeowners Association. He stated he would like to see this concept pursued. Mr. Malone stated this would be no problem; FHA approves this, and they have used a combina- tion of the District and Association in a development they have in Los Angeles. ORDINANCE NO. 1326 - PREZONING It was moved by Councilman Hyde that this 70.6 ACRES LOCATED ON T~E SOUTH ordinance be placed on its first reading SIDE OF MAIN STREET BETWEEN SWEET- and that reading of the text be waived by WATER ROAD AND 1-805 - FIRST READING unanimous consent, with the additional pro- vision regarding the sequence of development as preferred by the Chula Vista Elementary School District. The motion carried by the following votes to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION APPROVING TENTATIVE Senior Flanner Williams submitted the tenta- MAP OF F.B.M.SUBDIVISION tire map of this subdivision explaining that it is a two-lot subdivision between Fourth and Gtover Avenues, 455 feet south of '~" Street. This would permit the conversion of an existing development with 46 units from a rental project to a condominium under -6- the provisions of the State Map Act. The City Planning Cormnission reco~nends approval of the tentative map. Council discussion The Council discussed the requirements of an R-3 apartment complex as compared to that of a condominium. City Attorney's opinion In answer to Councilman Scott's inquiry, Mr. Lindberg explained that the subdivision map is a requirement of the State Subdivision Map Act to construct or to convert an exist- ing structure to a condominium. He explained the controls maintained by the Real Estate Commissioner and of those on a local level. At this point, the request is strictly for the tentative map; it does conform to the zoning, and it did not, by law, have to conform to any architectural or site plan review. If the subdivision does not conform to the Zoning Ordinance or the local Subdivi- sion Ordinance, then it can be disapproved. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, and the motion failed by the following vote, to-wit: AYES: Councilman Hyde Noes: Councilmen Egdahl, Scott, Hobel, Hamilton Absent: None PUBLIC HEARING - APPEAL OF A standard condition of all subdivision WILLIAM B. RICK OF A REQUIREMENT approvals requires the undergrounding of RELATING TO THE UNDERGR~JNDING OF utilities. Mr. Rick is appealing this con- UTILITY PACILITIES IN SUBDIVISIONS dition on the F.B.M. Subdivision which per- mits the conversion of an existing 46-unit townhouse apartment development, with exist- ing overhead service, to a condominium. Motion to file It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this matter be filed. Staff directed to investigate It was moved by Councilman Hyde, seconded Code requirements by Mayor Hamilton and unanimously carried that the staff investigate the matter of the problems of relationship between an apartment construction and a condominium construction, and to see if the Code can be refined so that there is a differentiation between the two. ORDINANCE (Interim) ESTABLISHING City Attorney Lindberg indicated there was DAY NURSERIES AND NURSERY SCHOOLS no basis on which to adopt this on an urgency AS UNCLASSIFIED USES measure. He requested that this matter be referred back to tho Planning Cormnission for a full public hearing before action by the Council should occur. Referred to Planning Commission It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this matter be referred back to the Planning Cormmission for the regular processes to be carried out~ with public hearings to be held by the Cormnlssion and the Council. -7- RESOLUTION NO. 6000 ~ RELATIVE TO This resolution is necessary to proceed BINDER WITH RESPECT TO COMPLIANCE with the processing of the grant relative WITH THE LAND ACQUISITION REQUIRE- to the Otay and Harborside park sites. MENTS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES OF 1970 - OTAY AND HARBORSIDE PARK SITES 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. 6001 - AUTHORIZING This resolution provides for certain staff REPRESENTATIVES OF CITY TO SIGN FOR representatives to sign for acceptance of AND ACCEPT SURPLUS FEDERAL PROPERTY surplus Federal property on behalf of the City. It authorizes the City Manager and the Assistant Director of Public Works to sign for such property. 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. 6002 - Ab"CHORIZING This resolution is necessary in order to REPRESENTATIVES OF CITY TO EXECUTE change the designation of City officials APPLICATIONS AND DOCUMENTS FOR authorized to sign certain applications and OBTAINING FINANCIAL ASSISTANCE UNDER documents for obtaining financial assistance FEDERAL C/VIL DEFENSE under Federal Civil Defense. 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, gcott, Hobcl, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6003 - "J" STREET This indenture grants the City the right to EXTENSION, 1-5 TO MEAN HIGH TIDE construct~ reconstruct, maintain and use a LINE, GkS TAX PROJECT N0. 135 - street or highway upon and across the real APPROVING INDENTURE WITH ~AN DIEGO property described on the indenture. The AND ARIZONA EASTERN RAILROAD COFiPANY City agrees to reimburse the railroad for all costs and expenses incurred by them in connection with the furnishing and construc- tion of four flashing light grade crossing signals. Signal control questioned Councilman Hobel questioned having this type of sophisticated signal control at this loca- tion, since the number of trains traveling these tracks is minimal. Mr. Lane F. Cole, Director of Mr. Cole explaine~ that the Public Utilities Public Works Conm%ission has taken the stand that all new crossings will have this particular type of improvement~ regardless of traffic crossings. -8- 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, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None Councilman Hobel directed the staff to look into this matter, and that the Mayor direct a post-haste message to Sacramento to the various legislators concerning this issue. The motion was seconded by Councilman Scott and carried unanimously. RESOLUTION NO. 6004 - "J" STREET This resolution relates to the previous EXTENSION, I-5 TO MEAN HIGH TIDE resolution (No. 6003). There has never been LINE, GAS TAX PROJECT NO. 135 - a public crossing of the railroad at this APPROVING APPLICATION TO PUBLIC point. Since this will be a new crossing, UTILITIES COMMISSION FOR A it requires the permission of the Public RAILROAD CROSSING Utilities Commission. 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, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None RESOLUTION NO. 6005 - APPROVING Chula Vista is required to provide, at no APPROPRIATION OF FUNDS FOR PRINTING cost, protest petition forms to those pro- OF ANNEXATION PROTEST PETITION testing City annexation within the Sweet- FORMS - SWEETWATER VALLEY water Valley. The expense is $200 to be ANNEXATION obtained from the unappropriated surplus of the General Fund. 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. 6006 - APPROVING OhM arch 14, 1971, proponents for annexation CIRCULATION OF PETITIONS FOR published a notice of intention to circulate SWEETWATER VALLEY ANNEXATION a petition in the Sweetwater Valley, request- ing the City Council to call an election in said territory on the question of whether such territory shall be annexed to, incor- porated in, and made a part of the City of Chula Vista. 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 Noe~: None Absent: None -9- RESOLUTION NO. 6007 - APPROVING Apollo Subdivision, Unit No. 2, is a DRIVEWAY VARIANCES ON MELROSE Planned Unit Development with three 24-foot AVENUE FOR ACCESS TO APOLLO wide private roads intersecting Malrose SUBDIVISION, UNIT NO. 2 Avenue. The developers are planning alley- type approaches with 10-foot curb radii to provide for easier and safer ingress and egress for the development. In order to construct this type approach, it will be necessary to use a 44-foot curb opening. The Division of Engineering recommends approval. 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. 6008 - GRANTING On September 12, 1967, the City Council ANCHORAGE EASEMENT TO SAN DIEGO granted an easement to San Diego Gas and GAS AND ELECTRIC COMPANY AT CHULA Electric Company for electric facilities VISTA MUNICIPAL GOLF COURSE across portions of the golf course property, in conjunction with the widening of Bonita Road at its intersection with Otay Lakes Road. The SDG&E Company is now requesting that the City grant another easement for anchorages. 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. 6009 - QUtTCLAIMING On September 1, 1964, the City Council PREVIOUSLY ACCEPTED EASEMENT FOR accepted a grant deed of easement from SDG&E ROAD PURPOSES ON MAIN STREET TO Company for the westerly 35 feet of their SAN DIEGO GAS AND ELECTRIC COMPANY property located north of Main Street for the future extension of First Avenue. Subsequent to acceptance of the easement, the property to the north has been subdivided and the street pattern approved for the sub- division does not provide for the extension of First Avenue; therefore, SDG&E is request- ing the City to quitclaim the easement to them. 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. 6010 - AMENDING By the California Vehicle Code and by Ordin- SCHEDULE II OF TRAFFIC CODE TO ante No. 973, the City Council is authorized iNCLUDE SPECIAL STOPS ON CERTAIN to establish boulevard stops and/or through STREETS streets. It is reco~mnended that the follow- ing stops be required: -10- Intersection Traffic Stop Orange and Connoley Avenue Connotey Avenue Orange and Kim Place Kim Place Orange and Hilltop Drive Orange Avenue Hilltop and Tourmaline St. Tourmaline St. Manzanita and Oleander Ave. Manzanita St. Mariposa and Oleander Ave. Mariposa St. Mariposa Circle and Oleander Mariposa Circle 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. 6011 - AMENDING The City Council is authorized by the Cali- SCHEDULE VI OF TRAFFIC CODE TO fornia Vehicle Code and City ordinances to INCLUDE LIMITED PARKING ON regulate the parking or standing of vehicles CERTAIN STREETS on City streets. It is requested that one- hour parking limits (8 A.M. to 6 P.M.) be effected on (1) Gotham Street beginning at the west curb line of Xavier Avenue and end- ing 100 feet west of the west curb line of Xavier Avenue on the north side; and (2) on Xavier Avenue beginning at the south curb line of Elmhurst Street and ending at the north curb line of Gotham Street on the west side. 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. 6012 - DECLARING This is a request for the vacation of a 10- CITY'S INTENTION TO VACATE SEWER foot wide sewer easement existing across EASEMENT - APOLLO SUBDIVISION, Lots 36 through 44 in Apollo Subdivision, UNIT NO. 1 Unit No. 1. The easement was originally ob- tained for off-site sewer to serve the Prin- cess Manor Subdivisions; however, that sewer main was relocated to East Rienstra Street and the existing sewer main was abandoned. Thc proposed resolution declares the City's intention to vacate this sewer easement and sets Tuesday, April 20, 1971, as the date for a public hearing on the matter. 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 OPPOSING INTER-CITY The Spring Valley Sanitation District has DEVELOPMENT COMPANY'S ANNEXATION TO filed for annexation within the boundaries SPRING VALLEY SANITATION DISTRICT of the proposed Sweetwater Valley Annexation. Staff believes that this should be delayed until after the matter of annexation to the City of Chula Vista has been resolved. -11- Mrs. William Spies, Sweetwater Mrs. Spies discussed the proposed develop- Valley Civic Association ment requesting that the Council not oppose it. The developer has agreed to proposals by the Valley residents concerning this development which will be located between Bonita Woods Subdivision and Sweetwater Manor, north to the freeway. Lance Allworth, 40061 Riviera Circle, Mr. Allworth read a letter from Mr. Dennis San Diego, representing Inter-City Wittman, the developer, in which he stated: Engineers (a) that Inter-City supports all programs by the City in regard to annexation of sub- ject property; (b) that they will sign no documents that will be against the City's annexation plan; (c) they will put in a provision for everyone purchasing a dwelling in this subdivision stating that when subject property is scheduled to be annexed, a vote for annexation to the City is to take place, and said property owner will not take any action to hinder or delay such action; (d) said property owners will not participate in any inhabited annexation proceedings which will be contrary to the annexation of Chula Vista; (e) Inter-City will guarantee the City either in the form of a bond or cash, the full amount necessary for the acquisition of Spring Valley Sanitation sewer rights prior to the start of any construction. Spheres of influence proposal Mayor Hamilton commented that he spoke to Mr. Skip Schmidt, Local Agency Formation Commission~ concerning the General Plan of Chula Vista which extends to a specified area. This area (sphere of influence) has been recognized by San Diego in our sewer capacity. He asked Mr. Schmidt if it would be possible for the City to put a hold over that entire sphere of influence, and to adopt a planned community. If approved by LAFCO, no devel- opment could then take place in that area that does not conform to that plan. Councilman Scott agreed with the concept suggested by the Mayor. He then spoke of the City's intent to oppose any annexations in the Valley until such time as the question of the Sweetwater Valley Annexation takes place. Resolution filed It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the resolution be filed. Motion for staff to investigate Mayor Hamilton moved~ seconded by Councilman sphere of influence proposal Hobcl, and unanimously carried that the staff and City Attorney get together with Mr. Schmidt of IAFCO to pursue the direction he indicated earlier~ as regard to the sphere of influence and the ability to have a planned cormuunlty in order to preempt the jungle of special dis- tricts, and inconsistencies throughout the RECOMMENDATION OF HUMAN RELATIONS It was moved by Councilman Hobel, seconded COMMISSION REGARDING COURTESY CARDS by Councilman Scott that the report be accepted. FOR TOURISTS The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Egdahl Noes: Councilmen Hamilton, Scott Absent: None -12- Mr. Joseph Viesca, Chairman of the Mexico Committee of the Chula Vista Chamber of Commerce, recormnended that tourists be issued courtesy or friendship cards. These will be issued by the Chamber of Commerce upon request to persons on both sides of the Mexican-American border, who request them. It would contain the names of three bi-lingual persons who would be available on a 24-hour basis to assist individuals in trouble, or experiencing difficulties because of language barriers. The Chamber of Commerce and the International Friendship Commission support this proposal. Opposition to cards Councilman Scott opposed this proposal indi- cating that there should be a policy whereby anyone having a language barrier would be entitled to this service, and not just those carrying a courtesy card. Amendment to motion It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the motion be amended to state that a list of names of people who could be con- tacted be maintained at the Police Department, and available to anyone needing their services. Recess called Mayor Hamilton called a recess at 11:15 P.M. and the meeting reconvened at 11:25 P.M. RECOMMENDATION OF PAl{KS AND The Parks and Recreation Commission recom- RECREATION COMMISSION RELATIVE TO mends that the City Council direct the staff MODEL RAILROAD IN CITY PAI{K to prepare an agreement with the Chula Vista Live Steam Railroaders for the establishment of a model railroad right-of-way on the lower level of Rohr Park for subsequent presenta- tion to the City Council. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to the staff for more in-depth report: cost, location, how much land it would take, and actually go to Riverside, study it, and how it fits in with the over-all Park Plan. REQUEST OF ASSEMBLYMAN DEDDEH FOR Mr. Leo Perkins, 242 Guava Avenue, working CITY COUNCIL SUPPORT OF AB 544 for Assemblyman Waddle Deddeh, discussed Assembly Bill 544 being proposed by Mr. Deddeh. ~his bill is the result of a two- year transportation study, and designed to promote a more balanced transportation system throughout the State of California. Mr. Perkins explained the proposed bill in detail. Percentage to cities questioned Councilman Scott questioned only 1¢ going toward transportation, and whether this would fragment the transportation problem. He wondered if the 4¢ going to the cities was too much, indicating this would be penalizing the people that are trying to solve transpor- tation problems. Councilman Hyde felt that the fact the cities would be losing the 1¢ if they did not use it for transportation may encourage communities to join together for operating a mutual com- prehensive area-wide transportation system. -13- Councilman Scott stated he would like to see something incorporated in the bill that would lead toward some rapid transit and some long- range solution to the problem, rather than a colloquial approach to the problem. Request supported It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the Council support the request. STATUS REPORT ON REQUEST FOR Assistant City Manager Bourcier reported that CONTRACTUAL FIRE SERVICE BY a letter was sent to the Chairman of the WOODLAWN PARK FIRE PROTECTION Board of the Fire Cormnission in this District DISTRICT listing the terms of the agreement. They indicated that they were going to negotiate with the Montgomery Fire District for this fire protection to see if they could get a better rate, and then they will report back to this City. Report accepted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORT OF U. S. DEPARTMENT OF The Council referred to the report from TRANSPORTATION MEETING IN Assistant City Manager Bourcier regarding SACRAMENTO - ASSISTANT CITY MANAGER the meeting he attended in Sacramento on March 22~ 1971, of the National Transporta- tion Planning Study in California. Mr. Ira Dye, Director of the U. S. Department of Transportation, outlined the major purposes of the study which is designed to obtain a better estimate of both private and public investment needs as they relate to trans- portation. Mr. Bourcier indicated that most of the input from San Diego County will be coordinated through Comprehensive Planning Organization. Report accepted It was moved by Councilman Scott: seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON FEASIBILITY OF CITY Director of Public Works Cole reported that ACQUIRING THE MONTGOMERY SANITA- his investigation of this matter revealed TION DISTRICT - DIRECTOR OF that it would be infeasible for the City to PUBLIC WORKS acquire this District. He outlined the pro- eedure that would have to be followed for this acquisition and the increased costs that would have to occur. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON IMPROVEMENTS IN 600 The Council referred to the written report BLOCK OF EAST "J" STREET - from Director of Public Works Cole regarding DIRECTOR OF PUBLIC WORKS the landscaping of the median strip in the 600 block of East "J" Street, M~. Cole re- viewed the costs of landscaping and that of astro turf, and indicated that the total cost of landscaping this strip would be $30~400 versus $8~400 for snrfaeing the area. Since this portion of Ekst "J" Street has very little traffic, the benefits received by landscaping would be enjoyed by the 42 property owners fronting this median strip. -14- It is, therefore, the recommendation of the staff that these property owners participate in the cost of the landscaping, and an agree- ment be prepared between the City and the property owners to this effect. It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be deferred until the next agenda. STATUS REPORT ON CIVIL DEFENSE The Council referred to the report submitted CLAIM FOR LAGUNA FIRE DISASTER - by Gordon Grant, Director of Finance, which DIRECTOR OF FINANCE stated that the claim for the Laguna fire, in the amount of $6,009.62 will be paid by April 12, 1971. Report accepted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted. STATUS REPORT ON HIRING OF Senior Planner Williams reported that the CONSULTANT TO CONDUCT BAY FRONT Director of Planning and Mr. Fred Trull, PLANNING STUDY - DIRECTOR OF Assistant Port Planning Director, have been PLANNING reviewing detailed proposals submitted by the consultants. A report to the Council is planned for the meeting of April 13, 1971. REQUEST FROM RICE SCHOOL Councilman Scott stated he was contacted by Mr. Fletcher from Rice School requesting that the area behind the school be included in the park-school complex. Referred to Park-School Committee It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be referred to the Park- School Committee. MAINTENANCE DISTRICT It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff look into the possibility of utilizing the Maintenance District rather than the Homeowners Association, and to have an ordinance drawn up, if feasible. This report is to be brought back in 60 days. PARKING METERS IN CIVIC CEI~ It was moved by Councilman Scott, seconded PARKING LOT by Councilman Hob¢l ghat the staff look into the possibility of utilization of parking meters in this area (Post Office, Library, Civic Center) in order to secure better turn- over in the parking. Councilman Scott explained that this would ba between the hours of 8 A.M. and 5 P.M., excluding Saturdays and Sundays. Opposition to motion Councilman Hyde felt it would not be aestheti- Cally pleasing. Motion fails The motion failed by the following vote, to-wit: AYES: Councilmen Scott, Hamilton Noes: Councilmen Hobel, Hyde, Egdahl Absent: None -15- CABI~E T.V. Councilman Scott discussed Cable T.V., com- menting that the City should look into this since it will be the medium of the future. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff look into this matter; look at the franchise and see if a certain amount of time, by ordinance, could be reserved for cultural, civic and educational T.V., etc. COUNCILMAN HYDE TO BE ABSENT Councilman Hyde stated he would be absent from the next meeting, April 6, 1971. 805 FREEWAY OPENING Councilman Hyde discussed the opening of 805 Freeway that terminates at Telegraph Canyon Road, which has introduced a substan- tial amount of traffic in this area. Motion to refer to Traffic Engineer Councilman Hyde moved that the Traffic Engi- neer investigate and observe this situation, and determine whether or not signs, signal controls, etc., would be appropriate in that Director of Public Works reports Mr. Cole stated that a signal is planned on Telegraph Canyon Road and Nacion Avenue. Mayor Hamilton asked Mr. Cole to report back at the next Council meeting the approximate dat~ of installation. Motion withdrawn Councilman Hyde withdrew his motion. BICYCLE PATHS AT DAVIS Councilman Egdahl asked if Mr. Bourcier visited Davis to view the bicycle paths~ when he made his trip to Sacramento. Mr. Bourcier, Assistant City Manager, stated he did not, but would get the information from the City, along with pictures of the paths and report to Council. ItEV~NU~ SHAR%NG Councilman Egdahl discussed the meetings he attended in Washington with the Congressmen and Senators from the State of California at which they discussed revenue sharing. Resolution to be prepared It was movad by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that a resolution be prepared to be brought back to the City Council at a subsequent meeting andorsing the concept of general revenue sharing. T~is resolution is to go to the Congressmen and to other cities encour- aging them to take the same action. WRITTEN COMMUNICATIONS: (City Clerk's Reports) Request from Environmental Control The Environmental Control Commission is Con~nission to hold panel discus- requesting permission to hold a panel dis- sion at Southwestern College cussion at Southwestern College on Tuesday, April 20, 1971, at 7:30 P.M. The subject will be solid waste, and the reason for hold- ing it out at the College is because of '~arth Week". -16- Request denied It was moved by Mayor Hamilton, seconded by Councilman Hobet and unanimously carried that the request be denied. Proposal of South Bay Citizens' Mr. Steven Lister, on behalf of the South Planning Cormnittee relative to Bay Citizens' Planning Cc~mnittee, states impact of large residential that this Committee has discussed the subject developments on City services of controlling the impact of large scale and schools developments on city services and schools. They feel that the School District should be able to halt large developments until such time as it can financially and physically accommodate the families the development will add. They are requesting Council's feelings on this proposal. Mayor Hamilton referred to the conference held on this subject. Councilman Scott remarked that the veto power shouldn't be given to the schools - the authority should lie with the City Council. Resolution of National School Two resolutions have been received - one District requesting cable from the National School District and the television channel reservations other from the Department of Education, San for public schools Diego County, regarding the reservation of channel space for use by education in any cable television system for which this munic- ipality should grant a franchise. Tne San Diego County Board of Education request that Council notify them of any applications for cable television franchises or negotiations to revise current franchise agreements. This Board will be designated as trustee of the channel allocations to assure fair and equitable distribution of this resource among the school districts involved. City Clerk to notify District of Mayor Hamilton asked the City Clerk to Council action inform them of the action taken by the Coun- cil tonight, and this District will be in- formed of future actions. Verified claim for damages - A verified olaim for damages has been received William J. Crippen from William Jesse Crippen, 527 Parkway, Apartment 9, in the amount of $7,500. Mr. Crippen claims he was falsely arrested and falsely imprisoned by Chula Vista Police officers on January 20, 1971 at 3 A.M. Claim denied It was moved by Councilman Hyde, seconded by Councilman Hobel, and unanimously carried that the claim be denied. Request of property owners on This is a letter from Edward W. Hull, 911 Hilltop Drive ("L" Street to Hilltop Drive, on behalf of 10 property Donahoe) relative to City's owners in that area, in which he relates the plan for main sewer line in problems they are havin~ with their septic that area tanks and cess pools, They are requesting that they be advised of the City's plans for providing a main sewer line in this area to serve them, and the approximate date of this installation. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this report be referred to staff and report back to Council. -17- REQUEST FOR EXCAVATION OF Mr. Michael Poe, 3017 Anderson Street, ADOBE WALL AT ROHR PARK Bonita, as President of San Diego Archeol- ogical Survey, and on behalf of Southwestern Cotlege~ requested permission to excavate the adobe wall at Rohr Park this summer. Referred to staff Mayor Hamilton directed that this matter be referred to staff for report. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 12:10 A.M. Meeting reconvened It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the meeting reconvene. CONFERENCE SCHEDUI~D It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the Council hold a conference on Monday, April 5~ 1971 at 3 P.M., for the purpose of discussing the Civic Center remodeling, and the Town-Council concept. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 12:13 A.Mo to the meeting scheduled for Monday, April 5, 1971 at 3 P.M. City Cle~ -18-