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HomeMy WebLinkAboutcc min 1973/07/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday July 17, 1973 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:00 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 Also present: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson, Director of Parks and Recreation Hall, Chief of Police Winters 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 Hobel, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of July 10, 1973, be approved, copies having been sent to each Councilman. Mayor Hamilton abstained from voting. PRESENTATION OF SERVICE AWARD Mayor Hamilton presented a 20-year service PINS TO THREE CHULA VISTA pin to Lt. William F. Stefan, Lt. Douglas POLICE OFFICERS G. Gardner and Sgt. Allie B. Medlock of the Police Department. PUBLIC HEARING - CONSIDERATION Director of Planning Peterson submitted a plat OF CHANGE OF ZONE FROM R-3-D noting the properties in question. This item TO R-1 FOR TWO PARCELS OF was submitted to the Council on February 27, PROPERTY LOCATED AT THE SOUTH- 1973, with the Planning Commission's recommenda- WEST CORNER OF BONITA ROAD AND tion for rezoning to R-3-G-P; however, the SANDALWOOD DRIVE Council denied the recommendation and directed that the parcels be reconsidered for rezoning to R-1. The matter was heard by the Planning Commission on April 23, May 21 and June 27, 1973, along with a request to close Sandalwood Drive. The staff concluded that there is no need, from a traffic engineering standpoint, to close Sandalwood Drive - the volume of traffic now on the street does not justify closure. The Planning Commission recommended that the properties be rezoned from R-3-D to R-1. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Frank E. Ferreira Mr. Ferreira stated he was opposed to the Bonita Glen Drive rezoning since: (1) it was initiated on false information; (2) the subject property is in conformance with the General Plan and R-1 zoning will not bring it into conformance with the existing Plan which calls for Visitor- Commercial; and (3) the people are enjoying R-1 use on R-3 property and there is no justification for the change. Larry Antinone Mr. Antinone stated that this lot was 39 Sandalwood Drive originally advertised as an R-1 lot and remains so on all the County maps; testimony was given at Planning Commission meetings concerning the serious traffic congestion on Sandalwood Drive because of the apartment complex; petitions were sub- mitted signed by a number of the residents in this area requesting the R-1 zoning; the adjacent properties are R-1 and Sandalwood Drive would make a good buffer between the R-1 properties and the R-3. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Frank Ferreira Mr. Ferreira submitted a copy of the General Plan which he claimed showed the property as commercial. Mr. Peterson indicated that Mr. Ferreira's Plan was not the latest and asked to be given time to get one from the Planning office. Recess A recess was called at 7:36 p.m. and the meeting reconvened at 7:43 p.m. Mr. Peterson presented the latest General Plan, dated February 1973, but stated that the two Plans appeared to be identical in regard to the subject property, and it would be a matter of interpretation as to which zone designation the property falls in. If the map is scaled, the property would fall into the density calling for the 4 to 12 unit category, or R-1. ORDINANCE NO. 1476 - It was moved by Councilman Scott that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading. ESTABLISHED BY SECTION 33.401 Reading of the text was waived by unanimous OF THE CHULA VISTA CITY CODE, consent. REZONING THAT CERTAIN PROPERTY LOCATED AT THE SOUTHWEST The motion carried by the following vote, CORNER OF BONITA ROAD AND to-wit: SANDALWOOD DRIVE FROM R-3-D AYES: Councilmen Scott, Hobel, Hyde, Egdahl TO R-1 - First reading Noes: Mayor Hamilton Absent: None PUBLIC HEARING - CONSIDERATION Director of Planning Peterson submitted a OF REVISION IN GENERAL PLAN plat noting the property in question. He FROM THOROUGHFARE COMMERCIAL explained that the Council approved an TO LIMITED INDUSTRIAL FOR FIVE amendment of the General Plan on December 5, ACRES BOTH SIDES OF WALNUT, 1972, changing the designation of these pro- NORTH OF PALOMAR perties from Research-Limited Industrial to Thoroughfare Commercial. Subsequent staff analysis, however, now indicates that the sub- ject properties are best suited for Limited PUBLIC HEARING - CONSIDERATION Industrial use. OF CHANGE OF ZONE FROM R-3 AND C-T TO I-L The Planning Commission recommends: (1) the adoption of a resolution amending the General Plan for the properties from Thoroughfare Commercial to Research and Limited Industrial; and (2) adoption of an - 2 - ordinance rezoning the subject properties from R-3 and C-T to I-L and changing the front setback from 5 feet to 20 feet. Publichearings opened This being the time and place as advertised, Mayor Hamilton declared the public hearings opened. Bill Richardson Mr. Richardson stated he owned a portion of 3630 Fir Street this property for over 20 years; the R-5 zoned San Diego area is presently used by the Gas & Electric Company as industrial; a study made in 1964 stated the area should be zoned industrial. Frank Balistreri Mr. Balistreri stated he was co-owner of the 1170 Frontage Road Palomar Inn and has been doing business in that location for 17 years as Thoroughfare Commercial. He had no objection to the zone change if it would afford him the same pri- vilege he now enjoys. Mr. Balistrer± explained that he is referring to a dine and dance permit which he will soon apply for, once he is able to abtain additional property for parking. Discussion Discussion followed in which Councilman Hyde explained that Mr. Balistreri could apply for a conditional use permit for this use. Letters noted The City Clerk reported that she received letters from Mahy Construction Company and W. Richardson, owners of some of the pro- perties, supporting the change of zone to I-L. Public hearings closed There being no further comments, either for or against,the hearings~ere declared closed. Precise Plan Councilman Egdahl suggested placing the "P" (precise plan) zoning on the properties. Mr. Richardson indicated his objection claiming that none of the property owners want this additional zoning and no notice was given to them that this would be done. RESOLUTION NO. 6937 - Offered by Councilman Hobel, the reading of AMENDING THE GENERAL PLAN OF the text was waived by unanimous consent, THE CITY OF CHULA VISTA ~OR passed and adopted by the following vote, MISCELLANEOUS PROPERTIES to-wit: EAST AND WEST SIDE OF AYES: Councilmen Hobel, Hamilton, Hyde, WALNUT AVENUE, NORTH OF Egdahl, Scott PALOMAR STREET Noes: None Absent: None Motion for "P" attachment It was moved by Councilman Hyde and seconded by Councilman Scott that the I-L designation be changed to Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent: None - 3 - ORDINANCE NO. 1477 - It was moved by Councilman Hyde that this AMENDING ZONING MAP OR ordinance be placed on its first reading. MAPS ESTABLISHED BY Reading of the text was waived by unanimous SECTION 33.401 OF THE consent. CHULA VISTA CITY CODE, REZONING THAT CERTAIN The motion carried by the following vote, PROPERTY LOCATED ON THE to-wit: EAST AND WEST SIDE OF AYES: Councilmen Hyde, Egdahl, Scott, WALNUT AVENUE, NORTH OF Hamilton PALOMAR STREET, FROM C-T Noes: Councilman Hobel AND R-3 TO I-L-P - First Absent: None reading PUBLIC HEARING - CONSIDERATION Director of Planning Peterson submitted a OF REVISION IN GENERAL PLAN layout of the area noting the property in FROM INDUSTRIAL TO VISITOR- question and the proposed use. He explained CO~ERCIAL FOR 3.33 ACRES AT that the original applicant's request was a NORTHWEST CORNER OF E STREET General Plan change from Industrial to AND INTERSTATE 5 Visitor-Commercial, a zone change from I to C-V-P and a conditional use permit to construct and operate a service station. The applicant also proposes to operate a restaurant and motel on this site. PUBLIC HEARING - CONSIDERATION The Environmental Impact Report was approved OF CH~GE OF ZONE FROM I TO by the Planning Co~mission on May 7, 1973. C-V-P FOR 3.33 ACRES AT They noted, however, that the proposed site 789 E STREET plan for development did not conform to the development criteria set forth in the Bayfront Report, and denied the conditional use permit for the service station. The applicant has stated he would appeal this decision. Public hearings opened This being the time and place as advertised, Mayor Hamilton declared the public hearings opened. Paul Peterson, Attorney Mr. Peterson stated he was representing San Diego Street Properties, Inc. and agreed that the question of the conditional use permit for the service station was not the issue to- night; howeverj the Council has the precise plan which includes the zoning to C-V-P, and includes the service station. Planning Director Peterson commented that the Council does not have all the exhibits necessary to make a decision on the precise plan. Attorney Peterson asked that the matter of the precise plan and the appeal for the conditional use permit be considered by the Council at the first meeting in September. As to the matters before the Council tonight~ Attorney Peterson declared that his clients have no objections and concur with the staff's recommendations. Public hearings closed There being no further comments, either for or against, the hearings were declared closed. RESOLUTION NO. 6938 - Offered by Councilman Hobel, the reading of AMENDING THE GEN£RAL PLAN OF the text was waived by unanimous consent, THE CITY OF CHUN VISTA FOR passed and adopted by the following votej APPROXIMATELY 3.33 ACRES AT to-wit: 789 E STREET AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1478 - It was moved by Councilman Hobel that this AMENDING ZONING MAP OR MAPS ordinance be placed on its first reading and ESTABLISHED BY SECTION 33.401 that reading of the text be waived by OF THE CHULA VISTA CITY CODE, unanimous consent. REZONING TF~T CERTAIN PROPERTY LOCATED AT 789 E STREET FROM The motion carried by the following vote, "I" TO C-V-P - First reading to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None Recess A recess was called at 8:30 p.m. and the meeting reconvened at 8:45 p.m. ORDINANCE NO. 1479 - At the Council meeting of June 26, 1973, a A~NDING CHAPTER 19, report was made concerning the implication ARTICLE 21, SECTION 19.2103 of SB 147. Because of the State-mandated OF THE CHULA VISTA CITY CODE fee of 20¢ per license, a recommendation RELATING TO BICYCLE LICENSE was made to increase the fees to $1.25 per FEES - First reading license; however, the Council directed that the license fee be $1.00 for the life of ownership. Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6939 - With the expiration of the current agreement APPROVING AGREEMENT BETWEEN with South Bay Vending Company on June 20, THE CITY OF CHULA VISTA AND 1973, it was recommended by the Director of SOUTH BAY VENDING COMPANY FOR Parks & Recreation to renew the agreement PROVISION OF VENDING MACHINES for an indefinite period which can be AT LOMA VERDE RECREATION CENTER, terminated by either party with 15 days' YOUTH CENTER AND NORMAN PARK notice. CENTER 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. 6940 - This resolution accepts the proposal from ACCEPTING PROPOSAL OF CARROLL the accounting firm of Carroll and Brantley AND BP~TLEY, ASSOCIATES, FOR C.P.A. for the annual audit of City records. AUDIT OF RECORDS FOR 1973-74 The fee is based on the customary per diem FISCAL YEAR rate and barring discovery of fraud, will not exceed $4,200 for the period. - 5 - 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. 6327 established a policy for consideration of requests for funding by private organizations or individuals. In compliance with this resolution, an agree- ment has been prepared and executed with the following four organizations: (1) Our House; (2) Chula Vista Mounted Police; (3) Chula Vista United Nations Day Committee; and (4) Chula Vista American Revolution Bicentennial Committee. RESOLUTION NO. 6941 - Offered by Councilman Scott, the reading of APPROVING AGREEMENT BETWEEN the text was waived by unanimous consent, THE CITY OF CHULA VISTA AND passed and adopted by the following vote, "OUR HOUSE" SETTING OUT TERMS to-wit: AND OBLIGATIONS REGARDING AYES: Councilmen Scott, Hobel, Hamilton, EXPENDITURE OF CITY FUNDS Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6942 - Offered by Councilman Scott, the reading of APPROVING AGREEMENT BETWEEN the text was waived by unanimous consent, THE CITY OF CHULA VISTA AND THE passed and adopted by the following vote, CHULA VISTA MOUNTED POLICE to-wit: SETTING OUT TERMS AND OBLIGATIONS AYES: Councilmen Scott, Hobel, Hamilton, REGARDING EXPENDITURE OF CITY Hyde, Egdahl FUNDS Noes: None Absent: None RESOLUTION NO. 6943 - Offered by Councilman Scott, the reading of APPROVING AGREEMENT BETWEEN THE the text was waived by unanimous consent, CITY OF CHULA VISTA AND THE passed and adopted by the following vote, UNITED NATIONS DAY CO~qlTTEE SETTING to-wit: OUT TERMS AND OBLIGATIONS REGARDING AYES: Councilmen Scott, Hobel, Hamilton, EXPENDITURE OF CITY FUNDS Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6944 - Offered by Councilman Scott, the reading of APPROVING AGREEMENT BETWEEN THE the text was waived by unanimous consent, CITY OF CHULA VISTA AND THE CHULA passed and adopted by the following vote, VISTA AMERICAN REVOLUTION to-wit: BICENTENNIAL CO~4ITTEE SETTING AYES: Councilmen Scott, Hobel, Hamilton, OUT TERMS AND OBLIGATIONS Hyde, Egdahl REGARDING EXPENDITURE OF CITY Noes: None FUNDS Absent: None RESOLUTION NO. 6945 - The resolution amends the agreement by clearly AMENDING THE AGREEMENT BETWEEN specifying the term of the contract between THE CITY OF CHULA VISTA AND THE the City and San Diego Transit Corporation SAN DIEGO TRANSIT CORPORATION, (July 1, 1972 until June 30, 1973). AS HERETOFORE APPROVED BY RESOLUTION NO. 6792, ADOPTED This amendment is necessary in order to ON MARCH 27, 1973 legalize the meaning and intent of the agree- ment so that the Transit Corporation would be able to collect for services rendered the City during the fiscal year 1973. 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. 6946 - As part of the widening of J Street between ACCEPTING, DEDICATING AND NAMING East Park Lane and Church Avenue, the Divi- CERTAIN REAL PROPERTY IN SAID sion of Engineering has begun negotiations CITY FOR STREET AND HIGHWAY with certain property owners for acquisition PURPOSES LOCATED AT THE SOUTH- of needed right of way at major intersections. WEST CORNER OF THIRD AVENUE AND First Methodist Church of Chula Vista has J STREET submitted their executed grant deed offering for dedication the corner radius at the southwest corner of Third Avenue and J Street. Director of Public Works Cole recommended acceptance of the 54.88 square foot right of way at a cost of $82.32. 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, Nobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6947 - The Harbor Drive-In Theater is presently APPROVING AGREEMENT BETWEEN THE served by a City-maintained sewer which CITY OF CHULA VISTA AND THE flows southerly across the Sweetwater SPRING VALLEY SANITATION Valley into the Spring Valley Trunk Sewer. DISTRICT FOR EXEMPTION FROM This is a temporary set-up, as construction CONNECTION CHARGE, HARBOR will begin on a new sewer trunk line on the DRIVE-IN THEATER north side of Route 54 Freeway and flood control channel sometime in the fall of 1973. Therefore, it is requested that the Council approve the agreement prepared by the County exempting the connection charges for the drive-in theater. 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. 6948 - This thoroughfare agreement between the County APPROVING AGREEMENT BETWEEN of San Diego and the City of Chula Vista con- THE CITY OF CHULA VISTA AND cerns the improvement of East H Street, which THE COUNTY OF SPJq DIEGO FOR will be constructed to ultimate standards of THE IMPROVEMENT OF EAST H 72 foot width of pavement on 80 foot width STREET right of way. The contract specifies the work to be performed by the City, and the County's participation in this construction will amount to $195,000 share of the cost. 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: - 7 - AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6949 - Emdal Corporation, developers of Bonita View APPROVING AGREEMENT FOR THE Terrace, have completed all requirements COMPLETION OF IMPROVEMENTS imposed by the Planning Commission and the IN BONITA VIEW TERRACE City Council for the recordation of a final map of the subdivision. They have paid all required fees and completed their portion of the Subdivision Improvement Agreement. 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. 6950 - The final map of Bonita View Terrace Subdivi- APPROVING MAP OF BONITA VIEW sion has been checked by the Engineering TERRACE SUBDIVISION ACCEPTING Division and found to be in conformance with ON BEHALF OF THE PUBLIC THE the revised tentative map approved by the PUBLIC STREETS DEDICATED ON City Council on January 25, 1972, Resolution SAID MAP, AND ACCEPTING ON No. 6320. BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED Director of Planning Peterson explained that ON SAID MAP WITHIN SAID the interior streets are private and the SUBDIVISION common open space will be maintained by a Home- owners Association. Homeowners Association Mr. Naddis, Emdal Corporation, the developers, explained that all areas, including the streets and slopes will be maintained by the Homeowners Association. Councilman Scott discussed the advisability of having a Homeowners Association as com- pared to a Maintainance District, whereby the City would guarantee the maintenance of the open space. City Attorney Lindberg agreed that in some instances in a Homeowners Association, there has been inadequate funding due to fixing the assessment at a low level and not being able to carry through with the maintenance programs. He added that a restriction will be put into this agreement whereby the con- ditions, covenants and restrictions do run to the City, and the City will have the right to demand, as a party to those conditions, the maintenance of the areas not being properly maintained by the Association. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None - 8 - ORDINANCE NO. 1480 - City Attorney Lindberg reported that the AMENDING SECTION 35.217 OF ordinance establishes a method of spreading CHAPTER 35, OF THE CHULA the assessment in the district. VISTA CITY CODE, RELATING TO THE REQUIREMENTS AND CONTENTS It was moved by Councilman Egdahl that this OF THE RESOLUTION OF INTENTION ordinance be placed on its first reading and FOR THE FORMATION OF AN OPEN adoption and that reading of the text be SPACE DISTRICT IN RESPECT TO waived by unanimous consent. ASSESSMENT OF PROPERTIES FOR ACQUISITION, DEVELOPMENT AND The motion carried by the following vote, MAINTENANCE OF SAID DISTRICT to-wit: AS AN URGENCY MEASURE - First AYES: Councilmen Egdahl, Scott, Hobel, reading and adoption Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6951 - The Director of Public Works submitted a report DECLARING THE INTENTION TO asking that the Council approve the resolution ESTABLISH CHULA VISTA OPEN of intention to form Chula Vista Open Space SPACE DISTRICT NO. 1 AND District No. 1 setting the date of August 7, SETTING THE TIME AND PLACE 1973, for the public hearing to hear protests FOR HEARING THEREON and objections to the formation of this District. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6952 - Section 27104 (c) of the Coastal Zone Con- SUBMITTING APPLICATION FOR servation Act authorizes the Coast Regional EXCLUSION OF CERTAIN PROPERTIES Commission to exclude areas within the Permit FROM THE PERMIT CONTROL ZONE Control Zone if the areas are developed to AS ADMINISTERED BY THE COAST eighty percent of their allowable intensity REGIONAL CO}~qlSSION OF SAN DIEGO or density and other criteria. The area being AREA requested for exclusion from the Permit Control Zone comprises 29 zoning districts. The exclusion of these areas would reduce the workload of the City staff in coordinating the review of development plans with the San Diego Coast Regional Commission and would eliminate delays experienced by developers in processing plans through the Regional Commis- sion. 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. 6953 - At the meeting of July 3, 1973, it was recom- APPROVING AGREEMENT BETWEEN mended to the Council that the deferral of the THE CITY OF CHULA VISTA AND requirement to underground utilities be granted TREEHAVEN APARTMENTS, 327-347 subject to the condition that the developer J STREET, WAIVING REQUIREMENTS . enter into an agreement guaranteeing the under- FOR UNDERGROUNDING OF UTILITIES grounding at any time in the future so de- signated by the City. This resolution fulfills this condition. - 9 - 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 ORDINPdqCE NO. 1481 - The Planning Commission recommended adoption AMENDING CHAPTER 27, ARTICLE 5, of an amendment to the City Code which would SECTION 27.507 OF THE CHULA provide the Director of Public Works with VISTA CITY CODE RELATING TO the authority for granting or denying requests DEFERRAL OF REQUIREMENTS FOR for deferral of public improvements with such PUBLIC IMPROVEMENTS - decisions being appealable to the Planning First reading Commission. Ordinance placed on first It was moved by Councilman Hobel that this reading ordinance be placed on its first reading. Reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit AYES: Councilmen Hobel, Hamilton, Hyde Noes: Councilmen Scott, Egdahl Absent None REQUEST TO PROCEED WITH In May of 1972 the Council authorized the PHASE II OF THE STREET implementation of Phase I of the Street LIGHTING MASTER PLAN - Lighting Master Plan which included the DIRECTOR OF PUBLIC WORKS installation of 145 lights of top priority. Director of Public Works Cole reported that Phase II will provide for 173 street lights to be installed. He added that the Master Plan will be implemented over a 7-year continuing program. Authorization granted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that authorization be granted to proceed with Phase II of the street lighting Master Plan. REQUEST FOR "FINE-FREE LIBRARY The Youth Commission requested a "Fine-Free DAY" Library Day" when all items borrowed from the library may be returned with no questions asked. Referred to Library Board and It was moved by Councilman Hyde, seconded by staff Councilman Egdahl and unanimously carried that the request be referred to the Library Board and the staff for recommendation to the Council. ORDINANCE NO. 1475 - The purpose of this change is to eliminate AMENDING CHAPTER 31, SECTION the necessity of drivers having to obtain 31.28 RELATING TO THE separate licenses from each jurisdiction in REQUIREMENT FOR DRIVERS' PERMITS which they operate. The ordinance was FOR TAXICAB DRIVERS, AND placed on its first reading at the meeting REPEALING SECTIONS 31.29 THROUGH of July 10, 1973. 31.37 THEREOF, ALL RELATING TO REQUIREMENTS TO OPERATE A TAXI- CAB - Second reading and adoption - 10- Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on its second reading and be adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None REPORT ON CHANGE OF CARDROOM Chief of Police Winters recommended that the ORDINANCE ordinance remain unchanged S~cating that the cannot find any justification for extending the cardrooms past fhe 1977 ~eadl~n~. He added that if the Council decides to either eliminate or expand the ]977 phaseout, then it would be his recommendation to amend the ordinance as follows: 1. A limit of six tables per license. 2. Prohibit the playing of Lo-ball. Motion to accept report It was moved by Councilman Scott and seconded by Councilman Hyde that the report of the Chief of Police be accepted (the ordinance remain unchanged and non-transferability of current licenses). John B. Kingston, Attorney Mr. Kingston referred to his rebuttal of the Police Department memo dated July 9, 1973. He noted that the memorandum was marked as a confidential document, but was made avail- able to him. Mr. Kingston noted that docu- ments marked confidential at Superior Court are not made available to the public; however, an attorney has an inherent right to that type of report, if he has an interest in the case. Mr. Kingston indicated that he did not feel the Police Department's report would be that strong against this application, and the Police did not comment at all on the benefits of the new building itself. He further felt that the matter of the number of tables should be immune from governmental intervention, as it is a business-type competition. Moral aspect and Mr. Kingston commented that the Police Depart- criminal liability ment did not address themselves specifically on ~hesm points. If anything significant was happening at the card room in the way of criminal activity, the Police Department would prosecute - but this is not happening. His clients would like to construct a new building if they could be assured they would be able to get into a 10-year financing period and that the cardroom ordinance would be extended to cover this period of time. Lo-ball Discussion ensued as to the game of Lo-ball. - 11- Marty Altbaumn, Manager Mr. Altbaumn discussed the game of Lo-ball Chubs Club stating that the next nearest approved playing ground for this game is 70 miles away, and therefore, it is an attraction for out-of-town people. The stakes in this game are quite high. Mr. Altbaumn added that having eight tables in a cardroom can produce an income of one-quarter million dollars a year. He further added that if the Council approves this request, then Chubs Club should be able to relocate on Broadway and build a new building, also. Motion carried The motion to accept the Police Chief's report; namely, not to extend the cardrooms past the 1977 deadline and non-transferability of current licenses, carried unanimously. MOTION FOR STAFF STUDY OF It was moved by Councilman Scott, seconded by HOMEOWNERS FEES Councilman Hyde and unanimously carried that a study be made of the problem of the fees for maintenance regarding the Homeowners Associations and that this convenant be placed in all Planned Unit Developments or the possibility of having some regulations setting the fees - whatever the staff feels is appropriate. REFERENDUM REGARDING SPORTS WORLD Councilman Scott noted that Concerned Citizens of Chula Vista have submitted petitions to the City Clerk containing approximately 3800 signatures. Prior to being notified of this fact, he vas going to suggest that the Council initiate the referendum action as he felt it would not be in the best interest of the City to go through the process of validating all these signatures. Motion to state petitions are It was moved by Councilman Scott, seconded by valid Councilman Hyde and unanimously carried that a resolution be brought back to the City Council stating that the signatures on the petitions are valid and the Council waives the counting procedure. Election date In answer to Councilman Hyde's query, City Attorney Lindberg explained that whether this was done as a voluntary referendum, as sug- gested by Councilman Scott, or through the process of a verification of the signatures - a people's referendum, the Council has the prerogative of setting the election date. In the interest of economy, it could be set for November 6, and the formal ordinance calling the elect5on would not be presented to the Council until the time period specified by law. Councilman Hyde felt that the citizens who presented the petitions should have a chance to comment on the resolution at the time it is presented to the Council. ALTERNATE ON BALLOT Councilman Scott discussed the fact that much testimony was presented to the Council by the people opposing the arena complex to keep the land for park purposes. In placing the referendum on the ballot, it will simply state - 12 - that the area be turaed ba~.~k gg:the original zoning without modification; there- fore, he would suggest putting on the same ballot, a revenue bond proposal for $8,000,000 to purchase the 1400 acres. Motion for staff study to place It was moved by Councilman Scott and seconded revenue bond on ballot by Mayor Hamilton that the staff look into the feasibility of putting on a revenue bond on the next election for approximately $8,000,000 for the purchase of the property. Speaking against motion Councilman Egdahl spoke against the motion stating that it would "load" up the election or the referendum itself. Councilman Hobel felt the referendum should just concern the question as to whether or not the people want the Sports World complex out in that area. There are other bond issues of prime importance to the community which he felt should have a higher priority. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilm~n Scott, Hamilton NOES: Councilmen Hobel, Hyde, Egdahl Absent: None LIBRARY FINANCING It was moved by Councilman Scott and seconded by Mayor Hamilton that the staff look into the feasibility of placing on the November 6 ballot the question of whether or not the Council should use revenue sharing money to build a new library. Councilman Egdahl noted that this matter was scheduled for discussion at the Council Conference tomorrow (July 18). Councilman Hobel and Mayor Hamilton stated they would not be able to attend the Conference tomorrow. Councilman Hyde felt the matter was of such importance that it warranted having a full Council present. Motion withdrawn Councilman Scott withdrew his motion; Mayor Hamilton withdrew his second. Motion to reschedule It was moved by Councilman Hyde~ seconded byCouncil- Conference man Hobel and unaniously carried that the matter of placing the question of the library financing on the November 6 election be scheduled for discussion at the Council Conference to be set for July 25, 1973. Suggestion to amend motion Councilman Egdahl suggested the entire Conference scheduled for tomorrow be re- scheduled for the following week. Motion modified Councilman Hyde modified his motion to include this suggestion - that the Conference scheduled for tomorrow afternoon (July 18) be rescheduled for Wednesday, July 25, 1973. 13 - BUS TRANSFERS Councilman Hobel questioned the transfer privileges in the contract with San Diego Transit. He stated that CPO (Comprehensive Planning Organization) asked for clarifica- tion of this clause and requested that the Acting City Manager find out from Aztec Bus Lines whether there will be a cost-impact to them under these transfer privileges. DEPARTMENT OF TP~SPORTATION Councilman Hyde made reference to the new State Department of Transportation. He suggested assigning within this City's governmental structure (Planning or Engineer- ing) a subdivision which would be responsible for the total transportation problems of the City as a whole. Mayor Hamilton commented that the new Traffic Engineer was recruited with this in mind. Acting City Manager Bourcier affirmed this adding that the position was upgraded to "Traffic and Transportation Engineer" and the new man has the specific education required for this job. CAMPAIGN CONTRIBUTION Councilman Egdahl referred to the memorandum ORDINANCE from the City Attorney concerning the Campaign Contribution Ordinance. Motion to place on next It was moved by Councilman Egdahl, seconded agenda by Councilman Hyde and unanimously carried that this item be placed on the next City Council meeting agenda (July 24). RECO~qENDED SOLUTIONS TO It was moved by Councilman Egdahl, seconded THE TRANSIT PROBLEMS OF THE by Councilman Hyde and unanimously carried METROPOLITAN SAN DIEGO AREA that this report, written by Richard T. Silberman, Chairman, San Diego Transit Corporation, be referred to the Parking Place Commission. WRITTEN COMMUNICATIONS Request from Lady L Fashions Mr. Sam Luzkow, Lady L Fashions, 207 Third for public parking lot on Avenue, has requested that the vacant lot Church Street directly behind on Church Street directly behind Disney's Disney's Arcade Arcade be made a public parking lot in order to alleviate the major parking problem along the Third Avenue business district. Referred to the Parking It was moved by Councilman Egdahl, seconded Place Commission by Councilman Hobel and unanimously carried that this matter be referred to the Parking Place Commission. Request from Chula Vista Lions Mr. Doyle Voelkle, President, requested the Club to use land at Fourth and use of the property at Fourth and F Street F Streets on October 27, 1973, on October 27, 1973, to hold their Third to hold a Children's Gircus Annual Children's Circus. The proceeds from the circus are used to assist youth organi- zations and activities in the City. Motion to grant request It was moved by Councilman Hyde and seconded by Councilman Scott that the request be granted along with a waiver of the fees, and that this matter be referred to the staff for coordinagion. - 14 - Questions regarding request Councilman £gdahl commented that it was his understanding that the Lions Club gets the Council to allow the use of the property and waive the fees; then they have a group of people who telephone for solicitations and are paid a healthy percentage of the money raised in this way. Councilman Egdahl added that he questioned whether this was, in fact, a "Children's Circus." Mayor Hamilton suggested the Mr. Voelke be notified to have someone here at the next meeting to answer these questions. Substitute motion - to continue It was moved by Councilman Scott, seconded by matter Councilman Hyde and unanimously carried that this matter be carried over for one week. Verified claim for damages - A verified claim for damages has been filed Dale Star Reynolds, by Dale Reynolds in the amount of $25,000. 4811 Bermuda, San Diego He claimed that on June 13, 1973, at 3:20 p.m. his vehicle was stopped at the intersection of H Street and Hilltop Drive when it was struck in the rear by a truck operated by an employee of the City. Claim denied It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the claim be denied so that it can be processed through the City's insurance agent. Verified claim for damages - A verified claim for damages was filed by Agnes Murphy, 270 F Street, Agnes Murphy in the amount of $383.25 for Chula Vista medical bills to date with more to follow. Ms. Murphy stated that on June 13, 1973, at 8:30 p.m. she sustained a broken wrist when she slipped and fell on a highly polished floor at the Norman Park Center, 270 F Street. Claim denied It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the claim be denied so that it can be processed through the City's insurance agent. Request from Gerald Fick Mr. Fick, 352 Broadway, urged the Council to to adopt a license fee for adopt a license fee for sports arenas and sports arenas and ice rinks ice rinks for "at least one dollar per person, per event, whichever is greater, to pay part of the police and environmental costs associated with them." Motion concerning expression It was moved by Councilman Egdahl, seconded of interest by Councilman Hyde and unanimously carried that the Council thank Mr. Fick for his expression of interest. ORAL CO~qUNICATIONS Herb Lathan Mr. Lathan invited the Council and staff to 631 Carla Street attend the meeting of the California Veterans' Board which will be held in this Chamber on Friday, July 20, at 1:30 p.m. - 15 - EXECUTIVE SESSION It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the Council recess to Executive Session for personnel reasons. The Council recessed at 10:22 p.m. and the meeting reconvened at 10:53 p.m. APPOINTMENTS TO PLANNING It was moved by Councilman Hyde and seconded CO~ISSION by Councilman Egdahl that Leslie Rice and Lester Swanson be reappointed to terms on the Planning Commission. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde~ Egdahl, Sdo~t, 'Hobel Noes: Mayor Hamilton Absent: None ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:55 p.m. to the meeting scheduled for Tuesday, July 24, 1973, at 7:00 p.m. Cfty Clerk - 16-