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HomeMy WebLinkAboutcc min 1974/12/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 17, 1974 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:30 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Director of Parks and Recreation Hall, Chief of Police Winters, Assistant City Attorney Beam, Assistant to City Manager Wittenberg, Administrative Analyst Smith, Redevelopment Coordinator Henthorn The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of December 9, 10 and 11, 1974 be approved, copies having been sent to each Councilman. INT~ODUCTION OF GUEST Mayor Hamilton introduced Mr. Harry La Bore, COb~4ISSIONER member of the Library Board of Trustees, as guest commissioner for this meeting. RECOGNITION OF ART WORK Mayor Hamilton presented a Certificate of BY GREG ROGERS STUDENTS Recognition to the students of Greg Rogers School for their art work in drawing Christmas posters displayed in the City buses. Mr. Martin Ryniec, Student Council President, accepted the Certificate and thanked the Council. PRESENTATION BY PORT Mr. Bob Campbell, Port Commissioner, gave COMMISSIONER his monthly report concerning the activi- ties of the Bayfront. Mr. Campbell noted ~Hat this is the twelfth anniversary of the Port District. He discussed the pro- gress being made on the small boat basin, Sweetwater channel bridge, boat launching ramp and the west terminal at Lindbergh Field. In answer to Councilman Hyde's query, Mr. Campbell commented that the City and Port staff now have agreed to the land use for the northwest corner of the Bayfront area and a report will be submitted in the very near future. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously car- ried that an Executive Session be called for possible pending litigation. The Council recessed to Executive Session at 7:51 p.m. and the meeting reconvened at 8:45 p.m. City Council Meeting 2 December 17, 1974 ORAL COMMUNICATIONS Margaret Helton Mrs. Helton said she was representing the 162 Mankato California Retired Teachers Association. Chula Vista Mrs. Helton gave statistical information concerning the number of senior citizens living in the South Bay and in the City of Chula Vista and asked the Council to approve, by unanimous consent, a resolution establishing a commission on aging. Council discussed followed in which Coun- cilman Hyde suggested that consideration be given to having the Human Relations Commis- sion undertake this charge within the frame- work of that commission than create another commission. Mrs. Helton answered that the direction of the two commissions are totally different, and she would hope that the Commission on Aging would be made up of senior citizens who would be more aware of the senior citizen problems. Mrs. Helton also asked for Council's support in working jointly with the County to ob- tain the use of the courthouse for a service center for the senior citizens. UNANIMOUS CONSENT ITEM: RESOLUTION APPROVING THE Offered by Councilman Hobel, the reading of ESTABLISHMENT OF A the text was waived by unanimous consent. CO~ISSION ON AGING City Attorney Lindberg explained that in approving the resolution, the Council is approving the concept - the actual commis- sion would have to be established by ordinance. Motion failed The motion to approve the resolution failed by the following vote, to-wit: Ayes: Councilmen Mobel, Hamilton NOES: Councilmen Hyde, Egdahl, Scott Absent: None Referred to Human Relations It was moved by Councilman Hyde and seconded Commission by Councilman Scott that the Human Relations Commission be asked to analyze the request made by Mrs. Helton and to respond to the question as to whether or not it would be appropriate and feasible for the Human Relations Commis§ion to undertake the re- sponsibilities as outlined in the resolution within the charge of the ordinance which established that commission (Human Relations Commission). Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hamilton, Egdabl Noes: Councilman Hobel Absent: None City Council Meeting 3 December 17, 1974 Included in motion It was moved by Councilman Egdahl and seconded by Councilman Scott zh~t the mo- tion include the statement that if the Human Relations Commission sees this within the scope of their responsibility of what they could handle, they could then appoint a sub-committee to their commission that would be composed of senior citizens and would advise them on matters regarding the aged, and further that on the agenda for the Council Conference tomorrow (December 18), the item regarding the senior citizen service center be included. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: Councilman Hobel Absent: None Gene York Mr. York stated he is speaking for the DLB 72 Sandalwood Corporation, and referred to the general Chula Vista development plan for Plaza del Rey approved by the Council and referred to the Planning Commission. The Planning Commission will be considering this tomorrow night (December 18); however, since the Council will not meet again until January 7, 1975, DLB is in a critical time schedule because two major department stores interested in locating in the South Bay will be making this determina- tion on January 1. Mr. York asked for Council approval of a grading permit for H Street, east of 1-80S and the interchange that will subsequently be constructed there with the grading limited to that particular area. Normally, a grading permit does not come to the Council for approval; however, in this case, the staff felt the Council should evaluate this situation. Mr. York declared that DLB will accep~ a con- dition stating that this. grading permit will be b~ed on a phased'pr0~e~t:-~ that the first phase be:?li~itbd tg certain areas of the extension of "H" Street, and that the ex- cess diFt fro¢ thislgradigg be placed in such a way.that it does'not'~i~ the Council or the ~ity or, the Property to any Specific de- Velo~ment~for the fu~re'~: Mr. York explained that the distance of this grading would be about one-half mile - it would go to about one-half the length of the proposed shopping center. Legal ramifications City Attorney Lindberg stated that under the existing ordinance, the staff has the administrative authority to grant this permit; however, with the problems inherent in the EIR process, the staff wanted to bring this to the Council and assure the Council that the permit would be consistent with the plan as approved and reviewed in a:ccordanee with the EIR. City Council Meeting 4 December 17, 1974 Motion to approve It was: moved by Councilman Scott and grading permit seconded by Councilman Nobel that a grading permit be approved for the H Street grading phase with the complete understanding that this does not commit the City Council to any future plans that may be presented to the Council. Council discussion Councilman Myde asked about any legal ac- tion that could incur as a result of the motion. City Attorney Lindberg declared that this could trigger litigation. Substitute motion It was moved by Councilman Hyde and seconded by Councilman Egdahl that an Executive Session be called on this matter -- possible pending litigation -- at the close of the business meeting tonight, after which time the Council would entertain the motion made by Councilman Scott. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde NOES: Councilmen Egdahl, Scott, Hobel, Hamilton Absent: None Original motion amended It was moved by Councilman Scott and seconded by Mayor Hamilton that the motion to approve the grading permit be amended to inclu~@ the statement that the City Engineer approve the plans checking them against the EnVironmental Impact Report. Included in motion Councilman Scott included in his motion that the City Engineer also include the bonding requirements as conditioned by the City Engineer. Motion carried ~e motion and amendments carried unanimously. Herb Lathan On behalf of the ~wenty-nine veterans' 651 Carla Street organizations in the State of California, Chula Vista Mr. Lathan thanked the Council for all the help given to the veterans in the past years. PUBLIC HEARING - Director of Public Works Cole submitted a CONSIDERATION OF THE plat noting the property in question. He DEFERRAL OF UNDERGROUNDING explained that the City Code requires the REQUIRE~NTS - BONITA undergrounding of power transmission lines RIDGE ESTATES UNIT NO. 1 up to 60,000 volts located within new subdivisions. Along Otay Lakes Road there are two power transmission lines of 69 KV and 12 KY on the same power poles and it is impractical to underground the 12 KV line and leave the 69 KV line on poles. Mr. Cola recommended that the requirement of undcrgrounding the existing power trans- mission lines be deferred and that the subdivider enter into an agreement waiving the right to protest against the formation of an underground district at some time in the future. City Council Meeting 5 December 17, 1974 Council discussion Councilman Egdahl commented that underground districts were not covered in the Truth- in-Housing Ordinance. City Attorney Lind- berg said he would like to check this. Also discussed was the cost comparison of undergrounding 60 KV and 69 KV; a Council policy for undergrounding transmission lines and a review of the San Diego Gas & Electric Company Manual. 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. RESOLUTION NO. 7563 - Offered by Councilman Egdahl, the reading DEFERRING THE PROVISIONS of the text was waived by unanimous con- OF SECTION 34.101 OF THE sent, passed and adopted by the following CITY CODE REQUIRING THE vote, to-wit: UNDERGROUNDING OF UTILITIES IN BONITA AYES: Councilmen Egdahl, Scott, Hobel, RIDGE ESTATES UNIT NO. 1 Hamilton, Hyde Noes: None Absent: None PUBLIC HEARING - Director of Public Works Cole submitted a CONSIDERATION OF THE plat noting the property in question. He DEFERRAL OF UNDERGROUNDING explained that across Oleander Avenue a REQUIRB~NTS - ZENITH 25 KVA power line terminates at a power NO. 2 SUBDIVISION pole west of and adjacent to Oleander Avenue within the 250-foot wide easement of SDG&E. There is also another power transmission line with 138,000 volts on steel towers within the 250-foot wide easement which is exempt from conversion to underground. Mr. Cole recommended that the requirement for undergrounding be deferred and that the subdividers enter into an agreement waiving the right to protest against the formation of such a district at some time in the future. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7564 - Offered by Councilman Hyde, the reading of DEFERRING THE PROVISIONS the text was waived by unanimous consent, OF SECTION 54.101 OF THE passed and adopted by the following vote, CITY CODE REQUIRING THE to-wit: UNDERGROUNDING OF UTILITIES IN ZENITH NO. 2 SUBDIVISION AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent; None CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and City Council Meeting 6 December 17, 1974 adopted, with the exception of the resolu- tion designating the City Manager as the Chief Executive Officer relevant to the Housing and Community Development Act of 1974 (as requested by Councilman Scott). RESOLUTION NO. 7565 - On November 13, 1974, the Planning Commis- APPROVING AGREEMENT FOR sion granted a request for the deferral of DEFERRAL OF PUBLIC installing public improvements on East H IMPROVEMENTS IN EAST Street and Paseo Ranchero subject to the "H" STREET AND PASEO posting of a surety in the amount of RANCHERO IN CONJLrNCTION $90,000. WITH APPROVAL OF PARCEL MAP NO. 9-74 AND LIEN SECURING THE FUTURE INSTALLATION OF SAID IMPROVEMENTS RESOLUTION NO. 7566 - E1 Rancho del Rey has executed a grant deed ACCEPTING GRANT DEED TO granting to the City the right-of-way for CERTAIN REAL PROPERTY a portion of East H Street and Paseo Ranchero FROM EL RANCHO DEL REY which was one of the conditions of approval FOR ROAD PURPOSES of the tentative map as stipulated by the Planning Commission (July 3, 1974). RESOLUTION NO. 7567 - The improvement of Albany Avenue from Main APPROVING AGREEMENT Street to Tremont Street is to be a coopera- BETWEEN THE CITY OF rive effort between the City, the County, CHULA VISTA AND SAN the Chula Vista Elementary School District DIEGO GAS & ELECTRIC and the San Diego Gas & Electric Company. COMPANY FOR THE The agreement delineates the responsibili- IMPROVEMENT OF ALBANY ties of each of the parties. AVENUE RESOLUTION NO. 7568 - The San Diego Gas & Electric Company has ACCEPTING, DEDICATING AND granted an easement and right-of-way for NAMING CERTAIN REAL PROPERTY public street and utility purposes as IN SAID CITY FOR STREET AND requested by the City for completing im- HIGHWAY PURPOSES LOCATED ON provements in Albany Avenue and a portion ALBANY AVENUE AND MAIN of Main Street. STREET RESOLUTION NO. 7569 - Mr. Costello and Mr. Lewis, joint owners ACCEPTING GRANT OF EASEMENT of the parcel, have executed a grant of FRO~ ANTHONY COSTELLO AND easement for street tree purposes for TOM LEWIS FOR STREET TREE property fronting on 164 D Street as one PIIRPOSES of the requirements of the building permit. The easement is necessary for the City to have the control and maintenance of the street tree. RESOLUTION NO. 7570 - The 10' x 36' drainage easement is neces- ACCEPTING GRANT OF EASEMENT sary for the construction of drainage FROM STANLEY E. AND RUTH W. facilities for the Del Mar Avenue 1911 MONROE FOR DRAINAGE PURPOSES Act Assessment District project for the improvements of Del Mar Avenue from Naples Street to 600 feet northerly. RESOLUTION NO. 7571 - A request for consideration of a rate GIVING NOTICE OF A PUBLIC increase has been received from the HEARING TO CONSIDER THE Sanitary Service. The public hearing REVISION OF THE CMULA VISTA will be scheduled for the meeting of SANITARY SERVICE COLLECTION RATES January 7, 1975. City Council Meeting 7 December 17, 1974 Councilman Hyde asked that the staff submit the existing rate schedule along with that proposed at the time of the public hearing. (End of Consent Calendar) RESOLUTION NO. 7572 - This action clearl7 designates the City DESIGNATING THE CITY Manager as the individual responsible for MANAGER AS CHIEF EXECUTIVE the contents of the application and the OFFICER, AS DEFINED IN implementation of activities funded pursuant SECTION 570.3(d) OF THE to the Housing and Community Development RULES AND REGULATIONS Act of 1974. RELEVANT TO THE HOUSING AND COMMUNTTY DEVELOPMENT ACT OF 1974 Designation questioned Councilman Scott indicated that the Charter requires~ the Mayor to have the responsi- bility on all intergovernmental affairs and questioned having the City Manager designated as the Chief Executive Officer in this matter. Discussion followed regarding the legality of this matter, experience in other cities, and procedure followed in other grants executed by the City. Resolution offered and Offered by Councilman Scott, with the amended amendment that the Mayor be designated as the Chief Executive Officer as defined in Section 570.3(d) of the Rules and Regulations relevant to the Housing and Community Development Act of 1974, the read- ing of the text was waived by unanimous consent, passed ~J~d adopted by the follow- ing vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None UNANIMOUS CONSENT ITEM: RESOLUTION NO. 7573 - City Attorney Lindberg explained that the APPROVING AGREEMENT City currently contracts with three towing BETWEEN THE CITY OF services for this service for which the CHULA VISTA AND RALPH Police Department rotates the calls. PAXTON, ASSIGNOR, DONALD RHODES AND CHARLES C. Councilman Hyde questioned whether this LANE, ASSIGNEES, FOR was a proper criterion to be used for de- ASSIGNMENT OF POLICE termining who shall receive a franchise -- TOWING SERVICES transferring ownership of a business. He was concerned about the possibility of having the sale of a garage enhanced in price because of the virtue of having this contract with the City. Donald Rhodes Mr. Rhodes stated that being assured they will get the City contract has a lot to do with whether or not they proceed with this purchase. It was taken into consideration Ctiy Council Meeting 8 December 17, 1974 that it was a part of the contract; however, no dollar value was placed on it. 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 Discussion of motion Councilman Scott commented on the time ele- ment - the lateness of the hour - that this matter has come before the Council, and that the Council should be able to select the people who tow for the City and not be subject to assignments. Motion for staff direction It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Attorney and staff be di- rected to reexamine the ordinance regarding the granting of contracts for towing for vehicles picked up by the Police. They are to reexamine the contracts regarding the reassigning of contracts for towing services as a contingency of transfer of property ownership. The report is due back the first of February. RESOLUTION NO. 7574 - The resolution appropriates the sum of PROVIDING FOR THE SPECIAL $150.00 to permit five Safety Commission APPROPRIATION OF FUNDS members to attend a course sponsored by FOR ATTENDANCE OF SAFETY the Institute of Transportation and Traffic CO~ISSIONERS AT THE Engineering, University of California, for TRAFFIC OPERATIONS AND a two-day period in January and February, PROCEDURES COURSE 1975. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 7575 - The E1 Rancho del Rey Corporation recently APPROVING AGREEMENT transferred a parcel of land to the BETWEEN THE CITY AND Roman Catholic Bishop of San Diego County EL RANCHO DEL REY AND at the intersection of H Street and Pasco THE ROMAN CATHOLIC BISHOP Ranchoro consisting of 4.8 acres. A parcel OF SAN DIEGO TRANSFERRING map was filed and necessary street dedi- RESPONSIBILITY FOR cations obtained. The Planning Commission IMPROVEMENTS, PURSUANT TO approved a deferral of improvements. AN EXISTING AGREEMENT FOR THE DEFERRAL OF SAID IMPROVEMENTS FROM EL RANCHO DEL REY TO THE ROMAN CATHOLIC BISHOP OF SAN DIEGO City Council Meeting 9 Dece~be~ 17, 1974 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilman Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1601 - The City Code establishes a $10.00 an hour AMENDING SECTION 28.802, fee for those public works inspections SUBSECTION 8 OF CHAPTER associated with subdivision construction 28 OF THE CITY CODE undertaken outside of regular working hours. RELATING TO FEES CHARGED Due to increased personnel and equipment FOR PUBLIC WORKS INSPEC- expenses, it now becomes necessary to TIONS MADE OUTSIDE OF charge $15.00 an hour to perform such in- REGULAR W~RKING HOURS - spections. FIRST READING Ordinance placed on It was moved by Councilman Scott that this first reading ordinance be placed on first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1602 - Under the terms of the existing business AMENDING SECTION 18.58 license ordinance, professional men must OF CHAPTER 18 OF THE pay the sum of $25.00 for their business CITY CODE RELATING TO license and if a corporation is formed, the BUSINESS LICENSE FEES corporate entity pays $12.50 plus $3.00 CHARGED TO PROFESSIONAL for every employee of the corporation. It MEN - FIRST RIP,DING AND was recommended by the City Attorney that ADOPTION the license ordinance be amended to provide that the fee of $25.00 be applicable to the professional man personally and that the corporation not be required to pay any additional license fee. Ordinance placed on It was moved by Councilman Hyde that this first reading and ordinance be placed on first~eading and · adopted adopted wi~h]zhe condition that all~efefences ' to "men" be mOdified aad adjusted to in~i~cate some neutral person. Reading of the text was waivedby unanimous consent. Councilman Scott abstains It was noted that stocks and bonds were listed as one of the professions; therefore, Councilman Scott stated he would abstain (since his profession is a Stock Broker). Motion amended It was moved by Councilman Hyde, seconded by MayorHamilton and unanimously carried that "pharmacists" be included in the Ordinance. ~otion :darried The motion darried by the following vote, b~-~it: City Council Meeting 10 December 17, 1974 AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Scott ORDINANCE NO. 1600 - This ordinance was placed on first reading AMENDING CITY CODE on December 10, 1974. It is now before RELATING TO DEFERRAL OF the Council for second reading and adoption. REQUIREMENTS FOR UNDER- GROUNDING UTILITIES - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on 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 REPORTS OF THE CITY MANAGER REPORT ON MINI-BUS City Manager Thomson submitted the report of FEASIBILITY Mr. Larry Wittenberg, Assistant to the City Manager, in which he recommended against having the mini-buses substitute for the current large buses. Mr. Wittenberg cited the performance, cost and passenger satis- faction as reasons for the recommendation. The report was based on local experience with mini-buses (San Diego Transit), and Mr. Wittenberg added that additional in- formation will be needed if a significant capital investment in this area is to be made. Report accepted It was moved by Councilman Egdahl and seconded by Councilman Scott that the report be acdepted. Councilman Mobel spoke against the motion, stating that in Mr. Wittenberg's report was a statement that the report dated December 18, 1973 remained valid. Councilman Hobel challenged this and the fact that this report contained no dollar comparisons that would give the Council a true evaluation of the mini-bus concept. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this matter be reconsidered at budget time. REPORT ON RELOCATION City Manager Thomson submitted the report ASSISTANCE of Administrative Aide Robert Thomas in which he reported on the meeting attended City Council Meeting 11 December 17, 1974 in Los Angeles sponsored by the State Department of Housing and Community Develop- ment (December 4, 1974). As a result of the meeting, there was no indication that the present liberal inter- pretation by the courts will change in the near future. Mr. Thomson stated that the staff is now preparing a procedure for the screening of potential property acquisitions for relocation assistance liability. Report accepted It was moved by Councilman ~gdahl, seconded by Councilman Hobel and unanimously car- ried that the report be accepted. Amendment to motion It was moved by Councilman Hyde that the report be accepted and the Council attempt to develop a position to present to the County legislators asking for adjustment of this to temper its effect. Included in main motion Councilman Egdahl stated he would include this in his motion; Councilman Hobel agreed to the second and the motion, as amended, carried unanimously. STATUS REPORT ON DEVELOPMENT In a written report to the Council, City OF PARK SITES WEST OF BROADWAY Manager Thomson cited vacant parcels west of Broadway as potential for park develop- ment. One parcel known as Sharon Mobile Home Park (1.69 acres) is for sale at $360,000 and another parcel close to Feaster School consisting of 2.9 acres is valued at $250,000. Mr. Thomson added that the whole matter of acquisition of sites for park purposes west of Broadway is under consideration in development of the Community Development Block Grant Program. Report accepted It was moved by Councilman Hyde and seconded by Councilman Egdahl that the report be accepted and further, that the Council a~now~eage no interest in the ac- quisition of the Sharon Mobile Home Park property. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None REPORT ON STAFFING A written report was submitted to the AND MAINTAINING NEW Council as prepared by Mrs. Patricia Rowe LIBRARY FACILITY of the Library staff. The report projects future staffing for the new library facility. City Council Meeting 12 December 17, 1974 City Manager Thomson summarized the report, indicating the 13 new positions would have to be created plus the need for 52,574 hours of seasonal assistant time (equivalent to 12 full-time positions), one gardener and three custodians. Mr. Thomson commented that the report is merely to provide the Council with infor- mation and no action is required at this time. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted without commit- ment on the part of the Council. Discussion of motion Councilman Scott commented that the report was well done; however, he did not go along with all of the necessary implementa- tions that it included. Councilman Hyde agreed. REPORT ON PROPOSAL Chief of Police Winters submitted a written FOR ESTABLISHING PET report commenting on the proposal made by OWNER PERMITS Mrs. Carol Webb, Executive Director, California Society for Prevention of Cruelty to Animals, for a permit to be issued for a fee to pet owners of dogs and cats. Chief Winters recommended against the proposal stating that "the very nebulous and minimal gains from fees paid for cat permits would almost certainly not cover the administra- tive costs of such a program," Frances Frazer Mrs. Frazer discussed the comments made by California SPCA Chief Winters in his report. She stated that ~h~ SPCA's concern was for the problem of cats and they would propose to have the owners of cats made responsible. They request that the Council set a permit fee of $2.00 for unspayed cats and $1.00 for spayed cats. If there was a complaint, there would be a card stating that there i§ an ordinance requiring a permit ~or these animals. Council discussion Discuesion followed regarding the policing of this proposal. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the report be accepted. BOARDING OF FEMALE Chief Winters commented on the recommenda- DOGS IN SEASON tion made at the last meeting to have female dogs "in season" confined or boarded. In a written report to the Council, Chief Winters cited the problems that would occur in trying to enforce this proposal and re- quested that no action be taksn. City Council Meeting 13 December 17, 1974 Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the report be accepted. STATUS REPORT ON Director of Parks and Recreation Hall pre- SWEETWAT£R REGIONAL PARK sented the Council with a report of the Sweetwater Regional Park. Under the State Bond Act of 1974, the County Parks and Recreation Department has requested funding in the amount of $800,704. Litigation is presently pending on the Morrison property. The County staff is considering the possi- bility of long-term joint powers agreements with cities which would be affected by the Park system which would cover both develop- ment and leadership projects. Director of Parks and Recreation Hall stated that there is 3-1/2 million dollars budgeted for the acquisition of the Sweet- water Regional Park system and they hope to have all of the property either in liti- gation or purchase by July 1975. A Project Director has been appointed - John Ortgieson. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. RECESS A recess was called at 10:40 p.m. and the meeting reconvened at 10:55 p.m. REPORT ON TRUTH-IN-HOUSING ACT City Attorney Lindberg submitted a draft of an ordinance which would provide a greater degree of consumer protection for purchasers and renters of various housing types in the City. Tom Money Mr. Money stated he is one of the Vice- 355 Third Avenue Presidents of the Chamber of Commerce and Chula Vista felt there were groups within the Chamber that would have some positive input for this ordinance. He asked that consideration of the ordinance be continued until such time as the groups can meet with the staff. Motion to refer to It was moved by Councilman Scott and seconded Chamber of Commerce by Councilman Hyde that the ordinance be referred to the Chamber of Commerce and South Bay Board of Realtors [to work to- gether with Chamber) for report back to the City Council on what changes they would like to see in it, and for the Council to consider those changes, This report is due back to the Council in thirty daTs or sooner. Discussion of motion Councilmml Egdahl felt the date should be more specific and the motion should state that on a specific day, the Council would be considering this ordinance and would consider any input any interested parties would want to submit, rather than specifie- ally referring this matter to a group not one of the commissions or departments of the City. City Council Meeting 14 December 17, 1974 Bud Porter Mr. Porter questioned the problems that pre- South San Diego Bay cipitated this type of ordinance. In the Cities Board of Realtors Civil Court of Procedures in California, a grievance procedure which all real estate brokers and salesmen must live under. Councilman Hobel questioned the problems brought before the Council whereby people were unaware of assessment districts im~ posed upon them when purchasing a home and land use approvals for vacant property adjacent to their homes. Mr. Por~er indicated that from a standpoint of the organized realtors, they could deal with these matters, and can make some con- structive suggestions regarding the ordi- nances. To be included in Councilman Egdahl asked that the ordinance the ordinance include the waiving of rights to protest a district. REPORT ON MEXICOACH REQUEST Director of Public Works Cole reported that the Traffic Engineer has communicated with the local Greyhound Corporation and they have expressed their opposition to allow- ing Mexicoach to utilize the local bus stop at Broadway and "I" Street. A written reply from Greyhound would take several months to arrive. In this respect, Mr. Cole recommended that the Council not wait for Greyhound's reply and to allow Mexicoach to utilize the bus stop as requested. Report accepted It was moved by Councilman Hobel and seconded by Mayor Hamilton that the report be accepted. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde~ Egdahl Noes: Councilman Scott Absent: None BUS REPORT Mr. Larry Wittenberg, Assistant to the City Manager, stated the City does not have two buses on order. In the grant application, there are descriptions of the 4S-passenger buses and the staff is working on the de- tails with the Urban Mass Transportation Administration on the application. This has been going on for almost a year; however, they must make a decision by March 1975 for this funding year. Mr. Wittenberg added that they are not anxious to approve the application due to the fact that they are in the priorities for capital grant funding and wish to emphasize regional transportation systems. City Council Meeting 15 December 17, 1974 MAYOR'S REPORT Mayor Hamilton extended holiday greetings to the Council and the community. The mem- bers of the Council also voiced their greetings to the community. TRANSIT BOARD Councilman Hobel stated that he will be getting drafts of the four pieces of legis- lation introduced by Senator Mills and will report to the Council on this. One bill establishes a Transit Board in this region. Yesterday (December 16) CPO received the final report on the regional transportation plan by the consultants. The Council will he receiving a report of this plan and perhaps in January, the Council will want to review this. It must be adopted at the State level in April. EXECUTIVE SESSION It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that an Executive Session be called at the close of the business meeting for personnel matters. UNITED STATES CONGRESS Councilman Hyde discussed the substantial OF MAYORS increase in the membership fee and requested that at budget time, the Council reconsider whether or not it wishes to continue parti- cipation in this organization. RESOLUTION TO BE BROUGHT BACK It was moved by Cotmcilman Egdahl, seconded by Councilman Scott and unanimously carried that a resolution be prepared to be sent to the County legislators regarding Council's concern of the bicycling and safety law. WRITTEN COb~qUNICATIONS Letter of resignation from Mr. Miller submitted his letter of resigna- Allen C. ~ille~, Environmental tion from the Environmental Control Com- Control Conanission mission, stating that he is in the process of relocating to the City of San Antonio, Texas and will reside there permanently. Resignation accepted It was moved by Councilman Scott, seconded with regret by Councilman Hyde and unanimously carried that the resignation be accepted with re- gret and a resolution be drawn to be given to Mr. Miller. EXECUTIVE SESSION The Council reeessed to Executive Session at 11:17 p.m. and the meeting reconvened at 12:05 p.m. APPOINTMENT OF PORT It was moved by Councilman Hyde, seconded CO~qlSSIONER by Councilman Hobel and unanimously carried that Mr. Robert Campbell be reappointed as Port Commissioner. City Council Meeting 16 December 17, 1974 ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:06 p.m. to the meeting scheduled for 5:00 p.m., December 18, 1974, in the Council Conference Room. //~ ~-- City'Cl~rk