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HomeMy WebLinkAboutcc min 1975/10/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 7, 1975 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, City Hall, 276 Fourth Avenue, with the following present: Mayor ttamilton, Scott, Hobel, Hyde, Egdahl Councilmen Councilmen Councilmen absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg, Director of Public Works Robens, Director of Planning Peterson, Director of Finance Grant, Director of Parks & Recreation Hall, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Pro Tempore Scott followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried by those present that the minutes of the meetings of September 17 and 23, 1975 be approved, copies having been sent to each Councilman. PRESENTATION OF 20-YEAR Mayor Pro Tempor¢ Scott pre~¢nted Captain Sacks, PIN TO ROBERT L. SACKS Fire Department, with a 20-year pin for his services to the City. fMayor Hamilton came in at this time) RESOLUTION NO. 7908 - Mayor Hamilton presented the resolution to COb~4ENDING LESLIE B. RICE Mr. Rice expressing the Council's appreciation FOR HIS SERVICES TO THE and thanks for Mr. Rice's nine years on the CITY OF CHULA VISTA AS commission. A MEMBER OF THE PLANNING COMMISSION Resolution offered Offered by Councilman Egdahl, the reading of the text read by the City Clerk, the resolu- tion was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORAL COMMUNICATIONS Invitation to Grand Mr. Lee E. Raitt, South Bay Pioneers, invited Opening - South Bay the Council to the Grand Opening of their Pioneers new home on Saturday, October 18, 1975 at 4:00 p.m. at 270 "C" Street, Chula Vista. John Sipula Mr. Sipula said he received a few calls 268 Shasta Street regarding the area of Melrose and Orange. At rush hours times, the people cannot cross Orange.Avenue. City Council Meeting 2 October 7, 1975 Referred to staff and It was moved by Councilman Hohel,seconded by Safety Commission Councilman Egdahl and unanimously carried that this matter be referred to staff and Safety Commission for report back to Council. Gerald F. Herbster Mr. Herbster asked what can be done about the 630 Rivera Street off-road vehicles directly behind his home - Chula Vista north and east of Valle Linde. City Attorney Lindberg explained that the property does not have to be posted - anyone riding upon private property must possess authorization from the property owner or he is presumed to be trespassing and would be given a citation for violation of the City ordinance. Referred to City Manager It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to the City Manager to resolve the problem. PUBLIC HEARING (CONTINUED) Director of Planning Peterson submitted a CONSIDERATION OF ZONING TEXT written report to the Council detailing the AMEND~NT REGULATING HAM AND history of this matter. On July 9, 1975, CITIZENS BAND ANTENNAS the Planning Commi~sio~ considered a zoning text amendment which would require a con- ditional use permit for volumetric antennas and/or for more than one tower requiring a building permit; however, the recommendation of the Commission was that no amendment be adopted, Public hearing opened This being the time and place as advertised, the public hearing was opened. Speaking for the amendment Dr. James Baker, 427 Corte Maria and Joleen K. McPherson, 427 Corte Maria spoke in favor of the proposed amendment to the ordinance. They stated that (1) they live next door to a HAM operator and his antennas are a visual clutter and pollution in the neighbor- hood; (2) it constitutes an infringement on their individual rights; (3) loopholes in a City ordinance that this sort of situation to exist create a beginning of deterioration in inter-City decay; (4) submitted a petition signed by 13 property owners living adjacent to HAM operators asking that the regulations proposed by the staff be adopted. Speaking against regulating Sy F. ?lubar, 105 Jamul Avenue; Wiot Clarke, HAM and Citizens band antennas 1014 Hilltop Drive; Leonard Bavin, 734 Monterey; Clayton Bullen, 226 Church Avenue, and Bernard Bernes, 935 Club View Terrace. The speakers (1) detailed the difference among the various antennas, specifically the Yage (beam) and the Cubical Quad indicating that it is a matter of personal preference by the HAM operator; (2) noted the importance of HAM operators; (3) cited a court case relating to these antennas; (4) urge that th* Council not spend any more time on this matter and let the "backyard dispute" be settled otherwise; (5) that the Council City Council Meeting 3 October 7, 1975 not adopt an ordinance regulating all antennas in the City based on this one dispute; (6) two of the speakers indicated Mr. Massey's antennae (Corte Maria gtreet) looks "like a monster" and "repulsive" and offered to assist in any way they could; (7) took a tour of the City and noted eight quad antennas - not 50 as assumed in the staff report; (8) urge the Council not to adopt an ordinance regulat- ing the HAM antennas. City Attorney's comments Mr. Lindberg commented that Mr. Hubar forwarded some material to his office but that the material was thoroughly outdated - the ability of the municipality to regulate visual pollu- tion has been accepted. ~e City prohibits antennas for television sets in all new subdivisions now. Mr. Lindberg added that he has received a substantial number of complaints regarding the noise problem which the City cannot control. He added that the Council received a great deal of technical information regarding the whole matter of antennas and HAM operators; however, a great deal of this discussion is irrelevant to the basic question this evening. Show of hands Mayor Hamilton asked for a show of hands of those for and against adoption of the amend- ment. It was noted that two (2) people in the audience were for the regulations and approximately 40 people were present to oppose the ordinance. Recess A recess was called at 8:35 p.m~ and the meeting reconvened at 8:52 p.m. Public hearing closed ~here being no further comments, either for or against, the hearing was declared closed. Motion to accept recom- It was moved by Councilman Egdahl and mendation of Planning seconded by Councilman Hobel that the Council Director accepts the recommendation of the Planning Director and the "no action" of the Planning Commission, and that at this time, the zoning ordinance not be amended. Councilman Hobel noted that the HAFI operators have volunteered to help Mr. Massey take care of a problem that exists in his neighbor- hood. Councilman Hobel asked Mr. Massey to accept this assistance in solving this problem. Speaking against motion Councilman Hyde referred to some of the testimony tonight that indicated Mr. Massey's antennas were a "monSter" and "repulsive". He felt there should be an enactment of some type of ordinance regulating the installation of quad antennas under a con- ditional use permit, Councilman Hyde stated he would offer a substitute motion if the present motion fails, City Council Meeting 4 October 7, 1975 Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Noes: Councilmen Scott , Hyde Absent: None Motion for amendment It was moved by Councilman Hyde and seconded by Councilman Scott that the offering of an amendment to the ordinance as stated on page 4 of Exhibit 1 - that the Council adopt this proposal less subparagraph 2a.P.(1) "Two or more towers, masts, or structures requiring a building permit are erected on one residentially zoned lot, as defined in Sec. 19.04.126 of this title." and renumber 2a,P.(2) to read 2a.P.(1). The effect of this motion would be that "the installation involving a volumetric antenna, such as the cubical quad or delta loop, which has an element or antenna dimension greater than 12 feet on any one side" be subject to a conditional use permit. Discussion of motion Council discussion ensued as to the ramifica- tions of the motion; and the charge of "discriminating" against the amateur and citizen band antennas. Included in motion Councilman Hyde included in his motion that the words "amateur and citizen band" be stricken from the first sentence following paragraph P: "A~a~e~ ~n~ transmitting and receiving antennas and towers erected in a residential zone shall require a conditional use permit subject to the approval of the Zoning Administrator..." Councilman Scott agreed to the second. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilman Hyde NOES: Councilmen Egdahl, Scott, Hobel, Hamilton Absent: None Recess A recess was called at 9:15 p.m. and the meeting reconvened at 9:30 p.m. - Director of Planning Peterson sent the Council PUBLIC HEARING CONSIDERATION OF ADDING a memo relating to the next six (6) public "P" PRECISE PLAN MODIFYING hearings noting that the recommendations are DISTRICT TO VARIOUS the product of a staff study of Chula Vista's PROPERTIES AT INTERCHANGE freeway interchanges. This public hearing OF 1-5 AND PALOMAR STREET involves four parcels totalling 0.9 acres which are proposed to be rezoned from C-T to C-T-P. They are in the southeast quadrant and contain s service station, one small vacant parcel and a portion of a mobile home park. City Council Meeting 5 October 7, 1975 On September 10, 1975, the Planning Commission voted to certify a Negative Declaration on IS-75-44 and recommend approval of the rezoning subject to the conditions set forth in Resolution PCZ-75-F(1). Motion for inclusion It was moved by Councilman Scott, seconded of reports into record by Councilman Hobel and unanimously carried that the staff recommendations and the staff reports as well as the Planning Commission recommendations be introduced into the record and be made a part of the record for these six (6) public hearings. Public hearing opened This being the time and place as advertised, M~yor Hamilton opened the public hearing~ Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1646 - It was moved by Councilman Egdahl that this ~iENDING ZONING MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION that reading of the text be waived by unanimous 19.18.010 OF THE CITY CODE consent. REZONING THAT CERTAIN PROPERTY LOCATED IN TIlE The motion carried by the following vote, SOUTHEAST QUADRANT OF to-wit: 1-5 AND PALOMAR STREET FROM C-T TO C-T-P AYES: Councilman Egdahl, Scott, Hobel, FIRST READING Hamilton, Hyde Noes: None Absent: None PUBLIC HEARING - The two (2) parcels involved in this hearing CONSIDERATION OF ADDING are (1) a 1.95 acre parcel which was excess "P" PRECISE PLDaN MODIFYING property from the I-5 widening in 1971, now DISTRICT TO VARIOUS PROPERTIES unzoned, and the adjacent 80' of p,aper AT INTERCHANGE OF I-5 )~ND "L" street right of way for Industrial Boulevard STREET amounting to 2.29 acres and now zoned R-2 and R-3. A written report was submitted to the Council by the Director of Planning giving an analysis of the properties~ On September 10, 1975, the Planning Commission voted to certify Negative Declaration on IS-75-48 and to recommend that the 4.24 acres be rezoned from R-2 and R-3 to I-L-P subject to conditions set forth in Resolution PCZ-75-F(2a). Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1647 - It was moved by Councilman Hyde that this AMENDING ZONING btAPS ordinance be placed on its first reading ESTABLISHED BY SECTION and that reading of the text be waived by 19.18.010 OF THE CITY CODE unanimous consent. REZONING THAT CERTAIN PROPERTY LOCATED SOUTH OF The motion carried by the following vote, "L" STREET, EAST OF 1-5 FROM to-wit: I-L TO I-L-P - FIRST READING City Council Meeting 6 October 7, 1975 AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PUBLIC HEARING - The 3.75 acres covered by this public hearing CONSIDERATION OF ADDING involves a parcel of land south of "L" Street "P" PRECISE PLAN MODIFYING which is partially developed with a boat DISTRICT TO VARIOUS sales operation and an industrial building. PROPERTIES AT INTERCHANGE About 2 acres is undeveloped. OF I-S AND "L" STREET A written report was submitted to the Council by the Director of Planning in which he reviewed the adjacent land use and zoning in the area. On September 10, 1975, the Planning Commission voted to certify the Negative Declaration on IS-75-48 and recommend to the Council approval of the rezoning to I-L-P subject to the conditions set forth in Planning Commission Resolution PCZ-75-F(2b). Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Robert Carlin Mr. Carlin said he was one o£ the owners of Owner of property in area the 3-3/4 acre parcel of properties in the area. They object to the addition of the "P" Modifying District because the property is in the industrial zone and its appearance can adequately be covered by the City's existing zoning regulations. Mr. Carlin further objected to paragraphs (a), (b) and (c) of Planning Commission Resolution PCZ-75-(2b) governing access and sign rights on the property. The property is partially developed, and in the future, when they decide to develop this property, the City will have absolute control over the develop- ment with or without this ordinance. Request for inclusion Mr. Carlin asked that, if the ordinance is of paragraph adopted, the following paragraph be included within the body of the ordinance (Planning Director's memo to the City Manager dated October 7, 1975): "6. The Planning Commission resolutions attached to each report to Council contained reco~nended development criteria for prop- erties in each quadrant of the various interchanges. It should be emphasized that many of the recommerJed guidelines are based on existing and probabl~ future land uses and traffic flows. At such time as development or ~edevelopment of a property occurs, the Planning Commission and City Council will have the opportunity to evaluate the development criteria in the light of a specific plan and add new guidelines or modify or delete the presently recommended guidelines." City Council Meeting 7 October 7, 1975 Public hearing closed There being no further co,~nents, either for or against, the hearing was declared closed. City Attorney's comments City Attorney Lindberg commented that the conditions and criteria set forth in the ordinance are not exhaustive - they do provide some guidance for that person who will be putting together a precise plan for that property at some time in the future. There is no question but that all of the conditions could be modified by the Planning Commission or the Council on the recommendation of the staff when a precise plan is brought in. ORDINANCE NO. 1648 It was moved by Councilman Hyde that this AMENDING ZONING MAPS ESTABLISHED ordinance be placed on its first reading BY SECTION 19,18,010 OF THE CITY and that reading of the text be waived by CODE REZONING THAT CERTAIN unanimous consent. PROPERTY LOCATED SOUTH OF L STREET EAST OF 1-5 FROM I-L TO I-L-P - The motion carried by the following vote: FIRST READING AYES: ~n~cilmen Hyde, Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent; None PUBLIC HEARING - The 6.71 acres covered by this public hearing CONSIDERATION OF ADDING "P" involves three (3) parcels under one owner- PRECISE PLAN MODIFYING DISTRICT TO ship south of the northbound offramp from I-5 VARIOUS PROPERTIES AT INTERCHANGE to Industrial Boulevard. The land is presently OF I-5 AND L STREET in truck crops and one single-family home. In a written report to the Council, Director of Planning Peterson a~alysed the parcels in question. On September 10, 1975, the Planning Commission voted to certify the Negative Declaration on IS-75-48 and reco~end that the Council approve the rezoning from I to I-P subject to the conditions set forth in Resolution PCZ-75-F (2c). Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. James Yamati Mr, Yamati said he was concerned with the 1024 Moss Street, Chula Vista sentence in the ordinance which states: "No freeway oriented freestanding signs shall be allowed," as he now has a billboard on his premises. He said he talked to Mr. Peterson during the break and was informed that the ordinance does not concern the billboard. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1649 It was moved by Councilman Hyde that this AMENDING ZONING MAPS ESTABLISHED ordinance be placed on its first reading and BY SECTION 19.18.010 OF THE CITY that reading of the text be waived by CODE REZONING THAT CERTAIN PROPERTY unanimous consent. LOCATED SOUTH OF THE NORTHBOUND OFFRAMP OF I-S AT L STREET FROM I TO I-P - FIRST READING City Council Meeting 8 October 7, 1975 The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None PUBLIC 1tEARING - Director of Planning Peterson submitted a CONSIDERATION OF ADDING written report to the Council stating that "P" PRECISE PLAN MODIFYING the property in question is a 1.95 acre DISTRICT TO VARIOUS parcel located at thes~outhwest quadrant PROPERTIES AT INTERCHANGE of "L" Street and 1-5 presently being used OF 1-5 AND "L" STREET as a wrecking yard, On September 10, 1975, the Planning Commission voted to certify the Negative Declaration for IS-75-48 and recommend to the Council approval of the rezoning of this parcel from I to I-P subject to the conditions as set forth in Resolution PCZ-75-F(2d). Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 16S0 - It was moved by Councilman Hyde that this A~NDING ZONING MAPS ordinance be placed on its first reading ESTABLISHED BY SECTION and that reading of the text be waived by 19.18.010 OF THE CITY unanimous consent. CODE REZONING TilAT CERTAIN PROPERTY LOCATED IN TIlE The motion carried by the following vote, SOUTHWEST QUADRANT OF to-wit: I-5 AND "L" STREET FROM I TO I-P - AYES: Councilmen Hyde, Egdahl, Scott, FIRST READING Hobel, Hamilton Noes: None Absent: None PUBLIC HEARING - In a written report to the Council, Director CONSIDERATION OF ADDING of Planning Peterson commented that after "P" PRECISE PLAN MODIFYING considering the two subject parcels, the DISTRICT TO VARIOUS Planning Commission directed staff to add PROPERTIES AT INTERCHANGE other properties on "H" Street near the OF I-S AND "H" STREET interchange to the overall rezoning prog- ram. ~ese parcels will be presented to the Commission on October 27 and forwarded to the Council at some later date. The subject parcels are occupied with two duplexes. Since the property is zoned C-V and the commercial activity in the area will most likely cause these parcels to redevelop, the addition of the "P" zone is considered appropriate to deal with control of access, and coordinated development of the small parcels. On September 10, 1975, the Planning Commission voted to certify the Negative Declaration on IS-75-46 and to recommend the rezoning to C-V-P subject to the conditions set forth in Resolution PCZ-75-F(3). City Council Meeting 9 October 7, 1975 Public hearing opened ~his being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against~ the hearing was declared closed. ORDINANCE NO. 1651 ~ It was moved by Councilman Hyde that this A~NDING ZONING MAPS ordinance bo placed on its first reading ESTABLISHED BY SECTION and that reading of the text be waived by 19.18.010 OF THE CITY unanimous consent. CODE REZONING THAT CERTAIN PROPERTY LOCATED NORTH OF The motion carried by the following vote, "H" STREET WEST OF COLOR~DO to-wit: AVENUE FROM C-¥ TO C-V-P FIRST READING AYES~ Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent~ None PUBLIC HEARING - International Dairy Queen, Inc. has submitted CONSIDERATION OF APPEAL plans for a new restaurant to be located in BY INTERNATIONAL DAIRY the 900 block o£ 0tay Lakes Road in the QUEEN, INC. OF PLANNING College Estates neighborhood shopping center. COMMISSION DENIAL OF On September 10, 1975, their request for a VARIANCE APPLICATION variance to erect an 8' high, 24 square foot PCV-?5-14 FOR FREESTANDING freestanding ground monument sign was denied MONU~NT SIGN IN SHOPPING by the Planning Commission. CENTER AT OTAY LAKES ROAD AND GOTHAM STREET In a detailed written report to the Council, Director of Planning Peterson explained that the zoning ordinance allows one freestanding sign, identifying up to 5 tenants in shopping centers in the C-N zone. There are already two freestanding signs in this center. In denying the variance, the Planning Con~ission determined that this restaurant had excellent visibility and that the granting of the variance would convey a special privelege not enjoyed by other tenants in the center; no hardship could be found to justify granting the variance. Public hoaring opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. John Hanning, Vice-President ~r. Harming submitted a rendering to the International Dairy Queen, Inc. Council noting the architecture of the build- 3790 Riviera Drive ing, proposed sign, tile on the roof and Pacific Beach, CA 92109 landscaping of the area. Instead of putting signs on the sides of the building (as allowed by the ordinance), they decided on the monument sign in front of the building to give it an overall effect and better identification. Discussion Council discussion and questions followed regarding the square foot of the sign on the front of the building, paper signs in the window, and restrictions of signing in the C-N zone. City Council Meeting 10 October 7, 1975 Violet Ragland Ms. Ragland said she lives directly behind 1616 Gotham Street the 7-11 Store in this shopping center. Chula Vista Everytime a new business goes in, a variance is requested. Ms~ Ragland remarked that this brings on more signs not conforming to the ordinance~ Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Grounds for denial City Attorney Lindberg explained that the finding would have to be that the variance should be granted in order to permit this developer to make use of his property in the same manner as any other developer within the same zone - that there is something unique about this situation that denies him the same beneficial use within the C-N zone. Motion to deny appeal It was moved by Councilman Egdahl,and seconded by Councilman Hyde that the Council upholds the action of the Planning Commission inasmuch as it cannot make a finding of a hardship. Councilman Egdahl indicated that the Zoning Ordinance should reflect those situations which are inherently different than a straight shopping center situation - where there would be commercial developments which would be related to the shopping center, a part of thc total development in a sense, but still isolated from the rest. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Scott, Hamilton Noes: Councilman Hobel Absent: None Motion for study It was moved by Mayor Hamilton and seconded by Councilman Egdahl that the Planning Commis- sion study that portion of the signing ordinance that relates to the comments that were made by Councilman Egdahl in regard to isolated developments within a shopping Councilman Hobel Felt this should be expanded. lle indicated that the findings were too restrictive. Motion carried The motion carried unanimously. Recess A recess was called at 10:3S p.m, and the meeting reconvened at 10:45 p.m. CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted. Councilman Scott asked that the Resolution pertaining to vacation of "F" Street be taken separately. City Council Meeting 11 October 7, 1975 RESOLUTION NO. 7909 - On September 12, 1975, Paul J. Flynn and ACCEPTING, DEDICATING William R. Lund executed a Grant Deed for AND NAMING CERTAIN REAL street purposes at the southeast corner of PROPERTY IN SAID CITY Trousdale Drive and Brisbane Avenue. FOR STREET AND HIGHWAY PURPOSES LOCATED AT THE SOUTt~AST CORNER OF TROb"~ALE DRIVE AND BRISBANE AVENUE RESOLUTION NO. 7910- On February 10, 1969, the Chula Vista City ACCEPTING OFFER TO School District approved the Offer to DEDICATE A PORTION OF Dedicate a portion of East "H" Street EAST "H" STREET FOR across the Tiffany School site. ~e PUBLIC STREET PURPOSES School District will grant the easement FROM THE CHULA VISTA for slope rights at the time East "H" CITY SCHOOL DISTRICT Street is scheduled for construction. RESOLUTION NO. 7911- AB 1 provides for a statewide plan of SUPPORTING THE LEAGUE regulation and control of land use and OF CALIFORNIA CITIES' environment, Upon adoption of this resolu- SPONSORED LEGISLATION tion, the Council will take a stand in AB 1 RELATING TO A support of this Bill. STATEWIDE PROGRAM OF LAND USE AND ENVIRONMENTAL QUALITY CONTROL RESOLUTION NO. 7912 - This Bill is to support legislation to REQUESTING THE LEAGUE prevent the expansion of fire districts in OF CALIFORNIA CITIES serving unincorporated areas which are not TO SUPPORT LEGISLATION contiguous to the established fire district PREVENTING FIRE DISTRICTS and are in fact separated from said fire SERVING NON-CONTIGUOUS district by incorporated municipalities AREAS which could far better serve the fire protection problems of the area. RESOLUTION NO. 7913 - The City Council is urging the League of URGING THE LEAGUE OF California Cities to endorse and support CALIFORNIA CITIES TO the strongest possible legislation totally SPONSOR AND SUPPORT banning all nonreturnable beverage containers LEGISLATION BANNING of any kind throughout the State of California THE SALE OF PULL-TOP aS well as the sale of any cans having pulltop CANS OR NONRETURNABLE openers thereon. BEVERAGE CONTAINERS OF ANY KIND (End of Consent Calendar) RESOLUTION NO. 7914 - Staff studies have indicated the need for ELECTING TO PROCEED vacating the easterly 19 feet of Fig Avenue UNDER THE PROVISIONS south of Davidson Street. ~is area is OF THE STREET VACATION being used as permit parking for the Mayor ACT OF 1941 DECLARING and City officials. The date of October TIM INTENTION OF THE 28, 1975 at 7:00 p.m. will be scheduled for CITY COUNCIL TO VACATE the public hearing on this matter. A PORTION OF FIG AVENUE SOUTH OF DAVIDSON STREET AND FIXING A TI[~ AND PLACE FOR HEARING ~{EREON City Council Meeting 12 October 7, 1975 Council discussion Council discussion ensued as to the need for the street vacation~ Acting City Manager Asmus explained the traffic situations in the area noting the difficulty in obtaining a parking space especially on Thursdays when a great number of people visit the Health Care Center. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 7915 - The following bids were received on September ACCEPTING BIDS AND 25, 1975: AWARDING CONTRACT FOR STORM DRAIN IN WHITNEY ~lydro-Mechanicat Co., IIawthorne, CA $51,730.00 R.J. g g. %~. Shacktett, Pomona, CA 62,374.35 STREET EAST OF HILLTOP ~. s. Construction CO., San Diego 70,394.18 DRIVE, GAS TAX PROJECT sap,,er Brothers, Inc., San Diego 24,312.00 #210 ~t is recommended that the contract be awarded to the low bi~der, Hydro~~,]echanical Company iD the amount of $51,730.00. 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 i None RESOLUTION NO. 7916 - City Council has granted a deferral for APPROVING AGREEMENT undergrounding of utilities to Pacific BETWEEN THE CITY OF Telephone conditioned upon the execution CHULA VISTA AND PACIFIC of an agreement by that company to under- TELEPHONE AND TELEGRAPH ground the utilities upon written notifica- PROVIDING FOR THE UNDER- tion from the City of Chula Vista. GROUNDING OF UTILITIES ON TELEGRAPH CANYON ROAD PURSUANT TO CITY CODE SECTION 15.32.070 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 ORDINANCE NO. 1644 - The prezoning involves 10 residential lots AMENDING THE ZONING MAPS totalling 4.46 acres. ESTABLISHED BY SECTION 19.18.010 OF THE CITY CODE PREZONING 4.46 ACRES SOUTH OF "L" STREET EAST OF COUNTRY CLUB DRIVE TO R-1 - SECOND READING AND ADOPTION City Council Meeting 13 October 7, 1975 Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit'~ AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1645 - The ordinance requires the posting of AMENDING SECTION 5.08.020 property where the owners do not wish to OF TITLE 5 OF THE CITY CODE receive such material. Further, the RELATING TO ADVERTISING distribution of handbills in the face of MATERIALS - SEgOND READING an objection by the homeowner or occupant AND ADOPTION of the property would constitute an infrac- tion; if the property was posted, the violation would be a misdemeanor. Motion to place ordinance It was moved by Councilman tIobel that this on second reading ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. Motion fails The motion failed by the following vote: Ayes: Councilmen Hobel, Hyde NOES; Councilmen Scott, Hamilton, Egdahl Absent; None REPORT OF THE CITY MANAGER Report on possible conflicts Acting City Manager Asmus submitted a in City Code Sections 12.48.07 written report in which he discussed the two (curb numbers) and 5.24.010 sections of the ordinance. He noted that (merchandise coupons) in the case of curb painting, the Council, by Code provision, requires a group to be local and charitable in nature, In the case of other charitable activities, i.e,, circuses, carnivals, etc~ any charitable organization, local or otherwise, can make an application for waiver and the Council maintains the prerogative of approving or not. In the case of merchandise coupons, no such waiver authority is provided and therefore, it would be the recommendation of the Acting City Manager that the Code provisions should not be changed. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. REPORT - PROCEDURES Director of Finance Grant submitted a report FOR TAXI RATE INCREASE in which he reviewed the procedures by which IN SAN DIEGO the City of San Di~go determines rates for taxicab operations. It was his conclusion t~at the taxicab fares within the metropolitan San,Diego area should be uniform in order to provide the most efficient service to the general public with a minimum of confusion over rates. City Council Meeting 14 October 7, 1975 Mr. Grant recommended that Chula Vista accept the City of San Diego's taxi rate setting procedures and the rates themse}ves. Further, that the City Attorney be directed to prepare the necessary Code amendments to accomplish the above recommendation. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report hnd recommendations be accepted. REPORT ON INSTALLATION Director of Public Works Robens reported OF DETECTOR LOOP FOR that his staff investigations show that there COMPUTERIZED SIGNAL are detectors in place on each lane of "H" CONTROL ON "H" STREET Street just west of Hilltop Drive. These NEAR HILLTOP DRIVE detectors are part of the network of detectors currently used by the computer in controlling traffic signals, Mr, Robens stated that these detectors are quite adequate for monitoring traffic entering Chula Vista from 1-805 freeway at "H" Street and that additional detectors are not warranted at this time. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. REPORT ON SIDEWALK In response to Council's directive, the INSTALLATION - Director of Public Works conducted a staff HILLTOP DRIVE BETWEEN study on the feasibility and method of instal- EL RANCHO VISTA AND ling a sidewalk on the east side of Hilltop "H" STREET Drive between E1 Rancho Vista and "H" Street. Mr, Robens reported that the normal method would be to form a 1911 Act whereby the property owners pay for the installation. In this case, the sidewalk would be in the City but benefiting property owners in the County. It was the recommendation of the Public Works Director that his department be directed to remove any offending vegetation in the public right-of-way and grade a five foot wide sidewalk as a temporary measure, The staff would continue to initiate formation of a 1911 Act for installation of permanent improvements. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. REQUEST FOR COUNCIL The City's Street Tree Committee met with a CONFERENCE ON WHITNEY- tree subcommittee from the Whitney-Mankato MANKATO CIRCLE STREET Homeowners Association on Thursday, September TREES 18, 1975. A poll of the area showed that a majority of the homeowners want the City to repair their hazardous sidewalks and curbs. Director of PuBlic Works Robens asked that a Council Conference be set for October 15, 197S at 4:00 p.m. to discuss this matter. Conference set tt was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that a Conference be set for Wednesday, October 15, 1975 at 4:00 p.m. City Council Meeting 15 October 7, 1975 REPORT ON PARK LAND Director of Parks & Recreation Hall submitted ACQUISITION a report stating that his department has now compiled all the information pertaining to park acquisition funds available, the lands that should be considered for acquisition, and an analysis and comments on the restric- tions placed upon the park lands in lieu of fees. ~,tr. Hall asked that a Council Confer- ence be held on Wednesday, November S to discuss this matter. Conference set It was moved by CouncilmBn Hyde, seconded by Councilman Scott and unanimously carried that a Conference be set for Wedfiesday, November 5, 1975 at 4:00 p.m. REPORT ON TENNIS COURT In response to Council's concern regarding the LIGHTING, CHULA VISTA spillage of light from the High School tennis HIGH SCHOOL facility, the Parks & Recreation Department contacted the Sweetwater Union High School District and requested that the architect and the electrical engineer evaluate the lighting system. It is the electrical engineer's intention to adjust the existing lighting in such a manner as to remedy the spillover without decreasing the lighting necessary for night play. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the report be accepted and that a status report be submitted in four weeks. DEFINITION OF DUTIES OF In a written report to the Council, Director ACCORD (Advisory Council's of Planning Peterson submitted a number of Committee on Rice Canyon basic functions which the committee should Development) be charged with, and the makeup of a committee to select a consultant for the area. Report accepted It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that the staff recommendations be accepted and that the committee be charged with those duties. Selection of Consultant Council discussion followed regarding the selection of a committee to recommend a consultant to the Council. Motion amended Council Egdahl amended his motion to include that such a committee be established as out- lined in the report: 1. A member of the City Council 2. A member of the Planning Commission 3. Two members of ACCORD 4. A representative from the Planning Depart- ment 5. A representative from the Public Works Department 6. The City Manager or his representative The Mayor agreed to the second and the motion carried unanimously. City Council Meeting 16 October 7, 1975 Date for first meeting Mayor Hamilton directed that the Director of Planning set the date for the first meeting for October 29 at 7:30 p~m. in the Council Chamber and to notify all the committee members. GRANT APPLICATION - Community Development Director Desrochers SENIOR CITIZENS SERVICE explained that the Senior Citizens Service CENTER BUDGET REVIEW Center located at 293 Madrona desires to apply to the Area Agency on Aging for a one-time only funding. A list of items totalling $3~737 is being submitted for this application, Mr. Desrochers stated that the items to be purchased would provide for maximum utilization of the Center's staff and would provide a greater level of volunteer involvement and service programs. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Mayor be authorized to sign the application and that the application be forwarded to the County's Office of Senior Citizen's Affairs. REPORT ON COMMUNITY In June 1974, the Council authorized the PROFILE BROCHURE preparation and printing of a Community Profile Brochure at a cost of $3,037.20 for 5~000 copies. The Chamber of Commerce and the Visitor's and Convention Bureau have now requested an additional 20,000 copies. The additional printing would cost $2,540.73. Mr. Desrochers submitted a copy of the brochure to the Council. Councilman Scott questioned whether the Chamber and Bureau would be supplying the City with free maps. If not, giving them 20,000 brochures would amoant to another subsidy. Mr. Desrochers explained that the additional money ($2,540.73) would come out of the Economical Development portion of the Block Grant. Motion for the It was moved by Mayor Hamilton and seconded appropriation by Councilman Egdahl that the funds necessary for 25,000 brochures be appropriated. Vote on motion The vote on the motion was as follows: Ayes~ Mayor Hamilton, Councilmen Egdahl, Hobel Noes: Councilmen Scott, Hyde Absent: None 4/5s vote questioned The legality of the motion was questioned as to whether a 4/5s vote was needed to approve the appropriation. City Council Meeting 17 October 7, 1975 The City Attorney was directed to ~ook into matter and rule on it. MAYOR'S REPORT Exchange Club's presenta- MayorHamilton reported that the City has tion of Freedom Shrine been requested by the South Bay Exchange Club in cooperation with Rohr Industries to present a Freedom Shrine to Chula Vista for installation in the new Library, Council discussion Discussion ensued as to the amount of space this presentation would take and the lack of such space in the new library. Mayor Hamilton indicated the presentation could possibly be put in City Hall. Motion to accept It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the City accept the offer for the presentation. ECC REQUEST TO SEND TWO Mayor Hamilton referred to the letter MEMBERS TO LEAGUE received from the Environmental Control CONFERENCE Commission requesting Council approval to send two members to the League Conference in San Francisco on October 19-22. Previous Council action on this item was to table the matter. Mayor Hamilton asked if any member of the Council wished to take this matter off the table. No member of the Council made this motion; therefore, the original action of the Council stands -- one m~mber is allowed to attend the Conference. MEETING ON OCTOBER 21 Mayor Hamilton commented that both he and Councilman Egdahl will be attending the League meeting in San Francisco on October 19-22 and asked the Council's pleasure as to whether or nor a meeting should be scheduled on the 21st of October. Councilman Egdahl stated that he plans to be back on Tuesday. The Council concurred that a meeting will be held on the 21st. ALLEYWAY BEHIND HO~ Mayor Hamilton remarked that he has received FEDERAL BUILDING ON complaints from people who walk down Fifth STH AVENUE AT "H" Avenue to "ti" Street. The alleyway behind STREET the Home Federal Savings and Loan has no stop sign onto Fifth and this presents a hazardous situation for the pedestrians. Motion to refer to It was moved by Mayor Hamilton, seconded Safety Commission by Councilman Hyde and unanimously carried that this matter be referred to the Safety Commission for study as to whether or not there should be a stop sign at that alleyway leading from the back of Home Federal Savings and Loan onto Fifth ~enue (east bound). City Council Meeting 18 October 7, 1975 APOLOGIES TO ACCORD COuncilman Scott apologized to the members of MEMBERS ACCORD for his remarks make at the last meeting concerning their reports to the Council. He found out later that the Acting City Manager requested these reports. WALL AT "H" STREET Councilman Scott wondered if a wall couldn't be built all the way down "H" Street to Carvalos in order to alleviate the problems of people going through the fence at that point. Councilman Scott referred to the Police Officer's report that 30% of the people were jaywalking and crossing the street at that location and has indicated that the law should be enforced. City Attorney Lindberg stated he attended the Board of Supervisor's meeting today and they rejected the Council's request to install the remainder of the wall along East "H" Street. TRAFFIC AT "L" STREET, Councilman Scott remarked that he has TELEGRAPH CANYON ROAD received numerous complaints concerning the AND 1-805 traffic at this freeway on and off-ramp because of the students going to the college. One solution would be to complete construction of "H" Street but this cannot be done until Rice Canyon is developed. AIRPORT VOTE Councilman Hobel reported that on October 13, the Comprehensive Planning Organization (CPO) Board will be taking up the airport issue. It appears that the decision will go back to Lindberg. Del Mar is seeking complete stop of any expansion of Lindberg Field - that a moratorium be declared. Motion for Council It was moved by Council~sn Scott, seconded position by Mayor Hamilton and unanimously carried that the Council retain its position on Lindberg Field as far as any addendums are concerned, this Council will not go along with it. (It is Councilman Scott's understanding that the City of San Diego now wants a study of this). ANIMAL SHELTER It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the staff be requested to come up with some proposals within 6 months as to what is proposed for the site of the old dog pound facility. CITY HALL ANNEX Councilman Hyde questioned the staff's plan for the utilization or demolition for the annex - Building and Housiflg~and Personnel office facility. City Council Meeting 19 October 7, 1975 Acting City Manager Asmus explained that the plans for that building are tied in to the space needs study. No final decision has been made~ Councilman Hyde asked that the staff report to the Council on proposals for the disposi- tion of the Building and Housing /Personnel offices. Director of Public Works Robens stated that the annex is included in the consultant's study. PUBLIC OPINION SURVEY Councilman Hyde noted the proposed public opinion survey drafted by the staff~ lie remarked that a few years ago, the City published a quarterly newsletter to the citizens of the community and found this to be of some merit, Community Block Grant fund could be used for this purpose, Motion for staff report It was moved by Councilman Hyde and seconded by Councilman Egdahl that the staff be asked for comments regarding reestablishing a Chula VistaCity newsletter preferably on a quarterly basis to be used for promulgation of information in soliciting public opinion. Speaking against motion Councilman Scott spoke against the motion noting that when the newsletter did come out, the items published were quite late; and further, it was being used for political purposes. He declared that the STAR-NEWS and SAN DIEGO UNION covered the City Hall's news very well. Motion carried The motion carried by the following vote, to-wit: AYES Councilmen Hyde, Egdahl, Hobel, Hamilton Noes Councilman Scott Absent: None LETTER OF TttANKS It was moved by Councilman Egdahl, seconded TO HOST FAMILIES by Councilman Hobel and unanimously carried that a letter be sent from the Mayor to the host families from the visits of students from Irapuato thanking them for their participation and representation of the City. CITY AUDIT Councilman Hobel noted that in reviewing the audit report, this is the first year since he has been on the Council that the CPA has not made any recommendation in regard to procedures. This shows well for the City's Finance Department. City Council Meeting 20 October 7, 1975 MOTION FOR STUDY AND It was moved by Councilman Egdahl, seconded RECOMMENDATION by Councilman Hyde and unanimously carried that the staff and Parks and Recreation Commission make a study of how the land at the interchange of 1-805 and "H" Street (which the City purchased from the State) could be utilized. EXECUTIVE SESSION It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that an Executive Session be called at the close the meeting for peisonnel reasons~ WRITTEN CO~4UNICATIONS Verified claim for damages- Mr. Najera filed a claim for damages for an Oscar Najera, 3080 Marmil, undetermined amount of money claiming that San Diego on June 20 or 21, 1975, he was arrested without sufficient probable cause by Chula Vista Police Officers, Claim denied It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. Verified claim for damages - Mr. Hutchinson filed a verified claim for Robert G. Hutchinson, damages for $25,000 stating that on .June 20 12204 Royal Road, or 21, 1975, he was arrested without Lakeside, CA sufficient probable cause by Chula Vista Police Officers. Claim denied It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the claim be denied and referred to the City's insurance car~ier for investigation. Verified claim for damages - Ms. Major filed a claim in the amount of Edna Major, 1099 Darwin Street, $10,000 stating that on September 7, 1975, South San Diego Chula Vista Police Officers acted beyond the scope of their authority in illegally evicting her and her children from their home at 1160 Trenton Street, Claim denied It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. Verified claim for damages - Ms. Kay filed a claim for damages in the Mary L. Kay, 1538 Grand Teton amount of $49.48 plus loss of earnings stating Court, Chula Vista that on September 29, 1975, a Chula Vista vehicle rear-ended her automobile at the off ramp at "L" Street and 1-805. Claim denied It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. City Council Meeting 21 October 7, 1975 Request for reconsideration The COmmunity Hospital of Chula Vista of traffic light at requested reconsideration of placing a Brandywine and Telegraph traffic signal at this intersection. Canyon Road Director of Public Works Robens noted that the Council decided to delay the decision for six months in order to evaluate changed traffic conditions at the intersection and also to give staff ample time to reprioritize traffic signal needs City-wide, Mr. Robens stated that this report will be ready for Council in November 1975. Motion to accept staff's It was moved by Councilman Hyde, seconded comments by Councilman Scott and unanimously carried that the comments by the Director of Public Works be accepted in this matter~ RECESS TO REDEVELOP~NT The Council recessed to the Redevelopment AGENCY MEETING Agency meeting at 11:40 p.m. and the meeting reeonvened at 11:43 p.m. EXECUTIVE SESSION The Council recessed to Executive Session at 11:43 p.m. and the meeting reconvened at 11:55 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:55 p.m. to the meeting scheduled for Tuesday, October 14, 1975 at 7:00 p.m. Jennie' M~ Fu'~as{, CMC ~ity Clerk