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HomeMy WebLinkAboutcc min 1972/09/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 12, 1972 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 Absent: None Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren The pledge of allegiance to the Flag was led by ~ayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES Councilman Scott requested that the minutes of the meeting of September 5, 1972, be changed to add the same condition regarding school district fees to the Larkhaven Subdivision map as the Council made to the Rancho Rios final map. City Attorney Lindberg indicated this was done, in accordance to Council's di- rection at the last meeting. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of September 5 and 6, 1972, be approved, as amended, copies having been sent to each Councilman. The motion carried by the following vote, to- wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Abstain: Councilman Egdahl INTRODUCTION OF GUEST COMMISSIONER - Mayor Hamilton introduced Mr. Robert Campbell, ROBERT C. CAMPBELL Port Commissioner, as guest commissioner for this meeting. Mr. Campbell stated that the Port Commission deferred action on the Bayfront decision for a period of three weeks, at the request of the Mayor. Mayor Hamilton indicated the request was made by the Director of Planning to hold a meeting with the Council, Port Commissioner Campbell and Mr. Cooke. Meeting scheduled It was the concurrence of the Council that the meeting be scheduled for Wednesday, September 20, 1972, at 8:00 p.m. ORAL CO~UNICATIONS Herb Lathan Mr. Lathan extended an invitation to each 631 Carla Street member of the City Council to a dinner to be held at the San Diego Country Club on Friday, Bep~ember 29, 1972, at 7:30 p.m. This event has been scheduled by the Veterans Adminis- tration and other organizations to honor the City of Chula Vista and its business leaders. DOWNTOWN ASSOCIATION Mr. Niek Slijk, Executive Vice President, ART FESTIVAL Chamber of Commerce, discussed the Art Festival which will take place on September 21, 22 and 23, 1972. It has come to the attention of the Association that Officer Vernoy is no longer on the beat of the Third Avenue area. Mr. Slijk asked for police patrol of the area during the Festival. City Manager Thomson reported this was part of the regular beat coverage of the Police Department, and special attention will be directed towards this area on these parti- cular days. PUBLIC HEARINGS - Director of Planning Warren discussed the two REVISION TO THE GENERAL PLAN, public hearings together. He stated that NORTH AND SOUTH OF TELEGRAPH State law requires that zone designations of CANYON ROAD, EAST OF INTERSTA?E property conform to the General Plan; therefore, 805 in recommending the zone changes in the vici- nity of this intersection, the Planning Com- (CONTINUED) CH~GE OF ZONES mission reviewed the General Plan and made FOR PROPERTY LOCATED NORTH AND the following recommendations: SOUTH OF TELEGRAPH CANYON ROAD ON BOTH THE EAST AND WEST SIDE 1. Retail commercial land use to be extended OF INTERSTATE 805 easterly to Crest Drive to provide for adequate land for community shopping center; 2. Between Crest Drive and city boundary, redesignate from present high-density residential to very high-density resi- dential; 3. Redesignate present retail commercial use south side of Telegraph Canyon Road, east of Interstate 805 to high-density residential. Mr. Warren then reviewed the recommendations of the Planning Commission pertaining to the zone changes and read the further recommen- dations of the Commission: 1. Establish a moratorium on development in the area until the rezoning is com- pleted. 2. Widen Telegraph Canyon Road to six lanes. 3. Construct a landscaped median on Telegraph Canyon Road between Halecrest and Crest Drives. 4. Realign the existing northbound off-ramp to conform with alignment of Halecrest Drive. Service station site City Attorney Lindberg discussed the commer- cially zoned piece of property for which a conditional use permit has been granted for the construction of a service station. It would be his opinion that circumstances have not changed in this area to preclude that use and he would advise the Council to con- sider this as a separate item. Traffic pattern The traffic pattern which will be generated in this area by the proposed developments was discussed by the Council and staff. - 2 - Mr. Cole, Director of Public Works, commented that the ultimate traffic count is estimated at 41,000 a day. The intersection of Crest and Halecrest would be provided with signals and left turn movements. Mr. Cole discussed similar signals in other areas of the City, and commented further on traffic-actuated signals. Public hearings opened This being the time and place as advertised, Mayor Hamilton opened the public hearings. Lawrence Herman Mr. Herman stated he is co-owner of some of 1830 West Olympic Boulevard the area in question, along with with a Los Angeles Gilbert Dreyfuss (18 acres along Telegraph Canyon Road, zoned commercial). This entire site is under their ownership. He stated that they are in agreement with the recom- mendations of the staff as to the zoning. There is a question as to ingress and egress to their site, but they are willing to work with staff on this. Sandy Schulman ~. Schulman stated he is associated with 1830 West Olympic Boulevard Mr. Herman and supports both the staff and Los Angeles Planning Commission's recommendations. He discussed the traffic projection and the statements concerning the possibility of broken median for turning movements. He asked that the guideline pertaining to this matter be amended to allow for the con- struction of that parkway and a left turn pocket. This would enhance access into their site. Dr. John Geis Dr. Gels remarked that he is the owner of 3885 The Hill Road the property to be rezoned C-O-P, located Bonita on the corner of Halecrest and Hale Street (southwest corner). He plans to build a medical facility on this site. Dr. Gels stated he agrees with the recommendations of the staff and Planning Commission. Recess A recess was called at 8:02 p.m., and the meeting reconvened at 8:12 p.m. Carmen Pasquale Mr. Pasquale discussed the seven-acre site Otay Land Company proposed for C-V-P zoning, west of 1-805 and north of Telegraph Canyon Road. They originally asked for C-N zoning to be contiguous to a 300-foot parcel which they purchased along Telegraph Canyon Road. This parcel has num~erous easements which can be used only as an access site to the seven acres. Mr. Pasquale commented on the time schedule for the construction of the on- and off-ramps and completion of 1-805. He added that commercial zoning is a natural barrier to ~esid~nt{al ~egelopment since it is next to the freeway and residential zoning for the site is not conduciYe to good planning. Mr. Pasquale asked that the zoning either be left C-V-P ~r rezone the entire acreage to C-N. Jim Hutchison }ir. Hutchison discussed the grade, slopes and Wilsey & Ham topography of the seven-acre site. He stated 1357 Seventh Avenue it was almost impossible to get financing San Diego from F.H.A. for residential development for an area next to a freeway, because of the noise factor. - 3 - Mr. Hutchison noted the traffic count which will be generated in this area. Commercial zoning for this area was approved in 1969, and their request is that it remain or be changed to C-N zoning. Mark Allen Mr. Allen stated he is the attorney repre- 649 South Olive Street senting Humble Oil and Refining Company. Los Angeles They own a one-acre site south of Telegraph Canyon Road and east of 1-805. This was acquired for the purpose of constructing a service station, and they are asking the Council to leave this acre in its present zoning. In answer to the Mayor's inquiry concerning the staff's recommendation that the off- ramp from 1-805 be moved easterly so that it aligns itself with Halecrest Drive and whether there will be sufficient property for them to develop a service station, Mr~ Allen stated he did net know at this time. He would have to wait until actual dia- grams are made by the State. Public hearings closed There being no further comments, either for or against, the hearings were declared closed. Council discussion Council discussion followed concerning various justifications for the proposed zonings, the acute traffic problem, the fragmentation of the commercial areas, and the seven-acre site owned by Otay Land Company for which they are requesting com- mercial zoning, The Council decided that a vote should be taken by the members con- cerning the various proposals on the agenda. Motion to approve recommendation - It was moved by Councilman Hyde, seconded by Rezoning parcel on north side of Councilman Egdahl and unanimously carried Hale Street, west of Halecrest that this recommendation be approved. Drive, from R-3 to R-3-G Motion to approve recommendation - It was moved by Councilman Egdahl, seconded by Rezoning parcel on the south side Councilman Hyde and unanimously carried that of Hale Street, west of Halecrest this recommendation be approved. Drive, from R-3 to C-O-P (with guidelines for a precise plan) Motion to approve recommendation - It was moved by Councilman Hyde, seconded by Rezoning parcels between Halecrest Councilman Egdahl and unanimously carried Drive and Crest Drive on the north that the Planning Commission's recommenda- side of Telegraph Canyon Road from tions be approved. C-C-D and R-3-D to C-C-P (with guidelines for a precise plan) Motion to approve recommendation It was moved by Councilman Hyde, seconded by with addition - Rezoning parcels Councilman Hebel and unanimously carried that on the south side of Telegraph the Planning Commission's recommendations be Canyon Road, from 1-805 to and approved with the understanding that the including the property at the conditional use permit for the Humble Oil corner of Oleander Avenue and property remain in effect. Telegraph Canyon Road, from C-C-D and R-3-D to R-3-G-P (with guidelines for a precise plan) - 4 - Motion to approve recommendation - It was moved by Councilman Hyde that the Rezoning parcel west of I~805 on Planning Commission's recommendations be the north side of Telegraph Canyon adopted. Road, east of the future extension of Nacion Avenue, from C-V-P to R-1 and R-3-T-P (with guidelines for a precise plan) No second to motion The motion died for lack of a second. Motion to refer back to Planning It was moved by Councilman Scott and seconded by Councilman Hobel that the area be designated Commission C-V-P, as it is presently zoned, and that this be referred back to the Planning Com- mission for a report. It was moved by Councilman Hyde and seconded Motion amended by Councilman Egdahl that the motion be amended to include the proviso that the Planning Commission also consider the pos- sibility of C-N zoning for that site, as well ss other possible commercial zoning. The amended motion failed by the following Motion fails vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Motion for original motion The original motion for consideration of C-V-P and referral to the Planning Commission carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None City Attorney's opinion City Attorney Lindberg advised the Council that the Resolution (agenda item #3) revising the General Plan for this area be modified simply to amend the General Plan for all that property under consideration east of 1-805 and then to place on the first reading the ordinances described in agenda items 4 a-b-c-d, sending back to the Planning Com- mission the ordinance relating to the parcel west of 1-805 on the north side of Telegraph Canyon Road, as well as consideration of the amendment of the General Plan for that area. RESOLUTION NO. 6597 - Councilman Scott offered this"resolution amend- REVISING THE CHULA VISTA ing the G~neral Plan for all that property GENERAL PLAN IN THE VICINITY under consideration east of 1-80S and referring OF INTERSTATE 805 AND TELEGRAPH back to the Planning Commission consideration of amending the General Plan for that parcel CANYON ROAD west of 1-805 on the north side of Telegraph Canyon Road, east of the future extension of Nacion Avenue. The reading of the text was waived by unanimous consent and the resolution Resolution offered was passed by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None - 5 - ORDINANCE NO. 1417 ~ It was moved by Councilman Hobel that this REZONING PARCEL ON NORTH SIDE ordinance be placed on its first reading and OF HALE STREET, ~EST OF HALE- that reading of the text be waived by CREST DRIVE, FROM R-3 TO R-3-G - unanimous consent. First Reading The motion carried by the following vote, Ordinance placed on first reading to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1418 - It was moved by Councilman Hobel that this REZONING PARCEL ON SOUTH SIDE ordinance be placed on its first reading and OF HALE STREET, WEST OF HALECREST that reading of the text be waived by DRIVE, FROM R-3 TO R-3-G - unanimous consent. First Reading The motion carried by the following vote, Ordinance placed on first reading to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1419 - It was moved by Councilman Hobel that this REZONING AREA BETWEEN HALECREST ordinance be placed on its first reading and DRIVE AND CREST DRIVE ON NORTH that reading of the text be waived by SIDE OF TELEGRAPH CANYON ROAD, unanimous consent. WITH THE EXCEPTION OF THE PARCEL AT THE CORNER OF HALECREST DRIVE The motion carried by the following vote, AND TELEGRAPH CANYON ROAD ALREADY to-wit: DEVELOPED WITH A SERVICE STATION, AYES: Councilmen Hobel, Hamilton, Hyde, FROM C-C-D AND R-3-D TO C-C-P - Egdahl, Scott First Reading Noes: None Ordinance placed on first reading Absent: None ORDINANCE NO. 1420 - It was moved by Councilman Hobel that this REZONING PROPERTY ON SOUTH SIDE OF ordinance be placed on its first reading with TELEGRAPH CANYON ROAD, FROM the condition that the conditional use permit INTERSTATE 805 TO AND INCLUDING for the Humble Oil property remain in effect. THE PROPERTY AT THE CORNER OF The reading of the text was waived by unanimous OLEANDER AVENUE AND TELEGRAPH consent. CANYON ROAD FROM C-C-D AND R-3-D TO R-3-G-P - First Reading The motion carried by the following vote, to-wit Ordinance placed on first reading AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent None ORDINANCE - REZONING PARCEL It was moved by Councilman Scott, seconded WEST OF INTERSTATE 805 ON THE by Councilman Hobel and unanimously carried NORTH SIDE OF TELEGR/LPH CANYON that this area be designated as C-V-P, as ROAD, EAST OF THE FUTURE EXTEN- it is presently zoned, and that this be SION OF NACION AVENUE, FROM referred back to the Planning Commission for C-V-P TO R-1 AND R-3-T-P - a report First Reading ORDINANCE NO. 1421 - This 40-acre annexation to the City was APPROVING HOLDERNESS "J" initiated by ~.~r. J. P. Shattuck, and was STREET ANNEXATION - approved by the Local Agency Formation Com- First Reading mission. The property is located east of Halecrest Subdivision, south of the extension of J Street. - 6 - Ordinance placed on first reading It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1422 - Director of Planning Warren explained that PREZONING TO A-8 ON AN INTERIM the motion by the Council to prezone the BASIS HOLDERNESS "J" STREET property R-1 failed by a three-to-one vote ANNEXATION - First Reading and (one Councilman was absent). The Council Adoption felt that the prezoning and the subdivision map should wait until a hillside development standards policy is adopted. The land is presently zoned agricultural in the County; and if it is to be annexed, it should come into the City with that designa- tion. Ordinance placed on first reading It was moved by Councilman Scott that this and adopted ordinance be placed on its first reading and adoption and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1423 - City Attorney Lindberg explained that the AMENDING SECTIONS 35.401 AND purpose of this ordinance pertains to the 35.403 OF ARTICLE 4 OF residential construction tax. In light of CHAPTER 35 OF THE CITY CODE the fact that conversion of apartment REQUIRING THE PAYMENT OF THE buildings in multiple family zones from RESIDENTIAL CONSTRUCTION TAX single, corporate or partnership ownership AT THE RATE FOR MULTIPLE to condominium ownership affords the pur- FAMILY DWELLING UNITS UPON chasers a single-family ownership status THE CONVERSION OF APARTMENT and thereby requires the payment of the BUILDINGS OR PROJECTS TO residential construction tax. CONDOMINIUM OWNERSHIP - First Reading The requirement is made only if said tax has not been paid at the time of the con- struction of the multiple family dwelling unit or park land or in lieu fees had been previously paid at the time of subdivision in order to support the demands for public facilities and capital improvements as demanded by the continued increase in the development of dwelling units in the City. Additional regulations pertaining to con- dominiums relating to undergrounding, landscaping and parking requirements will be forwarded to the Council after Planning Commission consideration. Ordinance placed on first reading It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. - 7 - The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6598 - ACCEPTING BIDS AND AWARDING CONTRACT FOR THE WIDENING OF HILLTOP DRIVE AND PALOMAR STREET - GAS TAX PROJECTS NO. 147 AND 152 Abstain from discussion Councilman Scott indicated he is abstaining from discussion and vote of this item, since the low bidder is his cousin, and there may be a question o£ conflict of interest. Director of Public Works Cole reported the following bids were received: Basic Bid Alternate W. H. Ledbetter & Son $175,118.15 $172,970.07 R. E. Hazard 188,911.35 187,854.65 Daley Corp. 195,272.24 192,395.24 T. B. Penick & Son No bid 202,497.24 Griffith Company 212,140.75 210,827.75 Hubbard Const. Co. 214,704.92 216,179.36 The basic bid calls for reinforced concrete pipe and the alternate bid calls for cor- rugated metal pipe in the construction of the storm drain. It is recommended that the Council accept the bids and award the contract to W. H. Ledbetter & Son, Inc., in the amount of $175,118.15. 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, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Scott RESOLU?ION NO. 6599 - Director of Public Works Cole reported that ACCEPTING GRANT DEED, DEDICATING a grant deed has been received from Drs. AND NAMING PROPERTY FOR STREET Field and ~ghes of the Chula Vista Podiatry PURPOSES AS CHURCH AVENUE Group granting to the City a 10-foot strip of property along the westerly side of Church Avenue at 272 and 276 Church Avenue. Ordinance No. 1205, Article 5, requires the dedication of needed right o£ way as a con- dition of issuance of a building permit. 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. 6600 - By Resolution No. 6426~ on May 9, 1972, the DEDICATING AND NAMING A PORTION City Council accepted the improvement of J OF "J" STREET BETWEEN 1-5 Street from the Interstate 5 Freeway to the FREEWAY AND MEAN HIGH TIDE LINE mean high tide line. A portion of J Street lies within the property formerly occupied by the abandoned Chula Vista sewage treatment plant. 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. 6601 - The proposed ordinance has received general DECLARING THE CITY'S INTENTION support from the Environmental Control Com- TO ADOPT AN ORDINANCE RELATING mission, the Retailers and the City Council. TO THE PROBLEMS OF SOLID WASTE The public hearing will be scheduled for DISPOSAL AND FIXING A DATE FOR October 3, I972. PUBLIC HEARING THEREON Councilman Egdahl asked that the date set for possible enforcement of the ordinance, as delineated in Section 35.50~ be changed from September 1 to November 1, 1972. Resolution offered Offered by Councilman Egdahl, as amended, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilman Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6602 - Director of Planning Warren reported to ADOPTING INTERIM OPEN SPACE the Council the requirement for adoption PLAN of open space plans by counties and cities (Assembly Bill 966). The Bill further requires that every county and city prepare, adopt and submit to the Secretary of the Resources Agency, an interim open space plan which shall be in effect until June 30, 1973. The plan delineates an approach for development of an Open Space Element. 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. 6603 - At the Council Conference of September 6, APPROVING AMENDMENT TO 1972, the Board of Directors of the Visitors AGREEMENT BETWEEN CITY AND and Convention Bureau stated they were in CHULA VISTA VISITORS AND extreme financial difficulty with outstanding CONVENTION BUREAU, INC., AND indebtedness of approximately $12,345~00 in pROMISSORY NOTE FOR $7,500.00 past due accounts. The Bureau is presently undergoing complete reorganization and addi- tional funding is being sought. - 9 - The City Council directed that an interest- free loan in the amount of $7,500 be granted to the Bureau for a 90-day period, payable thereafter on demand. City Attorney Lindberg presented a revised agreement stating that a typographical error was made, and the amount of $3,300 referred to in the agreement should be changed to $3,100. Resolution offered Offered by Councilman Hobel, as amended, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None UNANIMOUS CONSENT ITEMS: RESOLUTION NO. 6604 - City Attorney Lindberg placed these items on RESOLUTION OF THE CITY COUNCIL the agenda stating that the public hearing OF INTENTION TO GRANT GAS will be scheduled for September 26, 1972. FRANCHISE Mr. Gibson, Attorney for the San Diego Gas & Electric Company, requested that the word- ing of a section of the resolution be changed from: "...City of Chula Vista intends to consider the granting of said franchise..." to "..~City of Chula Vista intends to grant said franchise..." RESOLUTION NO. 6605 - RESOLUTION OF THE CITY COUNCIL He indicated this was necessary because OF INTENTION TO GRANT San Diego Gas & Electric must file its rate ELECTRIC FRANCHISE schedules this Friday (September 15) with the Public Utilities Commission. The PUC meet$~,the following Tuesday (September 19). SDG&E intends to file the rate schedules without the surcharge, as requested infor- mally by the City, which means there is a time gap between the Friday and Tuesday in which that action can be approved officially. City Attorney Lindberg commented that if this is going to create any difficulty, he would agree to the deletion of the phrase as suggested by Mr. Gibson. The Council must hold a public hearing on this matter, and the change in the resolution, in no way, jeopardizes that. Resolutions offered Offered by Councilman Scott, as amended, the reading of the text of the two resolutions 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 REQUEST FOR AUTHORIZATION TO Director of Public Works Cole submitted a CALL FOR BIDS FOR CONSTRUCTION written report to the Council in which he OF J STREET STORM DRAIN AND stated that the cost of constructing the SEWER FROM BROADWAY TO THIRD storm drain, allowing for the cost of AVENUE AND APPROVING USE OF utilities relocation and extras is $190,000. GAS TAX FUNDS - 10- Of this amount, $112,000 has been budgeted in the 1972-73 Gas Tax Construction Program. Mr. Cole further discussed the State regula- tions governing the use of the Gas Tax funds and stated that approval has been obtained from the office of the State Controller, Local Government Fiscal Affairs in Los Angeles, to finance the entire cost of the construction of this proposed project with Gas Tax funds. This can be accomplished by transferring the amount of $78,000 of available funds from other approved Gas Tax projects or by appropriating additional Gas Tax funds from the unencumbered Gas Tax reserves. Authorization to call for bids It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that approval be given to financing the J Street storm drain, Broadway to Third Avenue, with Gas Tax funds and authorization be granted the Director of Public Works to advertise for bids. ORDINANCE NO. 1413 - At the meeting of September 5, 1972, the APPROVING ARIZONA STREET - 1911 City Clerk reported that two withdrawals ACT ANNEXATION - Second Reading to the annexation protests were received; and Adoption therefore, there was no longer a majority protest. The Council then placed the ordinance on its first reading. Ordinance placed on second reading It was moved by Councilman Scott that this and adoption ordinance be placed on its second reading and adoption and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scotty Hobel~ Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1414 - The ordinance, which was placed on its AMENDING SECTION 33.960F OF first reading on September 5, 1972, establishes CHAPTER 33 OF THE CITY CODE a maximum size limit on political signs in RELATING TO CONTROL OF residential, commercial and industrial zones. POLITICAL SIGNS - Second The posting of signs would be limited to a Reading and Adoption maximum of 30 days prior to an election. Ordinance placed on second reading It was moved by Councilman Scott that this and adoption ordinance be placed on its second reading and adoption and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1415 - By this ordinance~ the City Code is modified AMENDING SECTION 27.409 OF to permit administrative processing of CHAPTER 27 OF THE CITY CODE excess width driveway permit applications. RELATING TO ADMINISTRATIVE PROCESSING OF EXCESS WIDTH DRIVEWAY FACILITIES - Second Reading and Adoption - 11 - Ordinance placed on second reading It was moved by Councilman Scott that this and adoption ordinance be placed on its second reading and adoption and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1416 - This ordinance, placed on its first reading A~NDING CITY CODE RELATING at the meeting of September 5, 1972, is TO PRIVATE TOWING AND VEHICLE designed to place controls on certain private IMPOUND SERVICES - Second tow truck operations and prevent what could Reading and Adoption develop into an indiscriminate impounding of vehicles parked in private parking areas such as apartment complexes or any private establishments where parking is furnished to its members or residents. Ordinance placed on second reading It was moved by Councilman Scott that this and adoption ordinance be placed on its second reading and adoption and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote~ to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Mr. G. Maurais Mr.[~aurais stated he is an apartment 3477 Bonita Woods Drive resident and a tow truck operator. He Bonita, CA discussed the ordinance indicating he would like a continuation. One provision that should be imposed is to have the tow truck company licensed and approved by the City. b{r. Maurais felt the ordinance restricted private companies from doing business in the City. Captain Borchers, Police Department, explained the initiation of the ordinance, and the proposal as submitted by a gentleman who came to his office several weeks ago, In order that there be no police or City problems concerning the operation of this business, it was felt that an ordinance should be adopted by the Council outlining certain requirements. REPORT ON MAINTAINING HAWK In a report to the Council, City Manager WITHIN CITY LIMITS - City Manager Thomson discussed the request of Mr, Mark Marasso to maintain a hawk within the City. Mr. Thomson stated that he called the San Diego Zoo and talked to Dr. Knowland who claimed that a hawk is a ferae naturae; therefore, to maintain one, is contrary to City ordinance. It would be the recommenda- tion of the City Manager that the ordinance be enforced. - 12 - Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted and the City Manager directed to enforce the ordinance. REPORT ON CONSTRUCTION COSTS FOR A written report was submitted to the Council THE 1911 BLOCK ACT PROGRAM, by the Superintendent of Streets in which PHASE XIV - Superintendent of he discussed Phase XIV - the program involving Streets twelve properties along the west side of Second Avenue, south of Palomar Street, and along a portion of the alley from Smith Avenue to Fifth Avenue, between H Street and Otis Street. The total construction cost is $10,140.46; incidental expenses amount to $1,200.00. It is recommended that the City bear the inci- dental expenses and that only the direct construction cost be included in the spread of the assessment. Report accepted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted with the following recommendations as made by the Superintendent of Streets: 1. The City shall bear the incidental expenses. 2. The City shall undertake collection of amounts assessed. 3. Simple interest at the rate of 7% shall be added to the unpaid balance. 4. Payment shall be made in ten annual installments. COMPLAINTS CONCERNING CITY Mayor Hamilton announced that, now that INTERSECTIONS school is back in session, he has been receiving complaints from parents concerning conditions at various intersections. He asked the members of the Council to submit any similar'complaints and they will be sent to the Safety Commission for report back to Council. YOUTH CO~4ISSION It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the four high schools and four junior high schools within the City limits be sent a letter asking for applications for the Youth Commission. The night of September 28, 1972, is to be scheduled for interviews and possible appointments. Ordinance to be amended It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the ordinance establishing the Youth Commission be amended to state the terms of office to start on October 1 and terminate on the fol- lowing October 1, instead of the June-to-June term. ~his is necessary because of the difficulty in getting applications and making appointments in the summer months. LIBRARY PARKING PROBLEM Councilman Hobel discussed the parking problem at the Library and questioned the use of the rear of the Post Office, now that the building has been vacated. - 13 - Referred to staff It was moved by Councilman Hobel and seconded by Councilman Hyde that this matter be directed to staff to see if the area in back of the Post Office building can be used for temporary Library parking without cost, and temporary signs be installed to direct the motorists to this site. Parking north of Library Councilman Scott stated there is a serious problem existing on the north side of the Library whereby employees of the City park in these spaces all day and part of the night, even though there is a two-hour parking limit. Motion amended Councilman Hobel stated he would amend his motion to include this report. Councilman Hyde agreed to the second. The amended motion was unanimously carried. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the Council recess to Executive Ses- sion, after "Written Communications," for litigation purposes. Co~[qUNITY AWARDS BANQUET Councilman Hyde reiterated his request to the Council that they submit nominees for the recognition and beautification awards by September 15. APPOINTMENTS TO BOARDS AND Councilman Hyde announced the following COMMISSIONS recommendations made at the Executive Session held September 7, 1972: Civil Service Commission - William Berry International Friendship Commission - Muriel Bartlett Noel Smith Doris Cox Adrienne Robas Parks and Recreation Commission - Anthony Tieber Safety Commission - Wayne Richards Joseph Dordahl Planning Commission - David "Bud" Wilson It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the above-named nominees be appointed. WRITTEN COMMUNICATIONS Request from the Chula Vista Art Mrs. Dorothy Slater, President, Chula Vista Guild, Inc., to hold an Art Mart Art Guild, Inc., has requested permission at corner of Fourth and F Streets to hold an Art Mart at the corner of Fourth Avenue and F Street on November 10 and 11, 1972. Also requested is a waiver of the license fee. - 14 - Request approved It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the request be granted, subject to staff approval. Verified claim for damages - The Legal Aid Society of San Diego, Inc., Carlos Ramirez has submitted a verified claim for damages in the amount of $100,014 on behalf of a Mr. Carlos Ramirez. Mr. Ramirez claims he was "intentionally and unlawfully assaulted and physically battered, bruised and injured" by a Chula Vista Police Officer on the 27 of July, 1972, at 10:30 p.m. on Coronado Street, Imperial Beach. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied so that the matter can be resolved by the City's insurance carrier. EXECUTIVE SESSION The Council recessed to Executive Session at 9:44 p.m., and the meeting reeonvened at 9:55 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:55 p.m. to the meeting scheduled for Tuesday, September 19, 19727 at 7 p.m. - 15 -