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HomeMy WebLinkAboutcc min 1972/07/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday July 18, 1972 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: Acting 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 Hayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried (Councilmen Egdahl and Hobel abstained) that the minutes of the meeting of July 11, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST CO~4MISSIONER Mayor Hamilton introduced Dr. Douglas Giles, member of the Human Relations Commission, as guest commissioner for this meeting. REPORT ON PUBLIC EMPLOYMENT Mayor Hamilton explained that Mr. John PROGRAM Bareno, County Human Resources Agency and speaker on this subject, had been called out of town and would present his report at a later date. ORAL CO~qUNICATIONS Donald Worley, Attorney Mr. Worley requested that Agenda Item No. Seltzer, Caplan, Wilkins & 18, consideration of tentative map of McMahon Windsor Views Subdivision, be withdrawn 3003 Fourth Avenue from this evening's docket and referred San Diego back to the Planning Commission pending completion of the E1 Rancho del Rey Develop- ment study. He also asked that the Council state its willingness to consider an economically reasonable development of the property, subject to reasonable conditions, upon completion of the E1 Rancho del Rey ?L~tS~, and that the Planning Depart- ment complete this study within 90 days or, as an alternative, allow Mr. Horton of Windsor Park to proceed with some reason- able development of his property. City Attorney Lindberg stated that the Coun- cil must take action on this map in the absence of a concurrence on the part of the applicant for referral to the Planning Commission and a deferral of action. Ne added that, in his opinion, the request to bring back or finalize the E1 Rancho del Rey Study within 90 days is legitimate, as would be the deferral of any development of the property until the studies have been completed. Referred to Planning Co~r~nission It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this item be referred back to the Planning Commission and that every effort be made to accommodate the requests in- dicated by Mr. Worley. Carlos McCall Mr. McCall is representing the local 1147 Dixon Drive theater group, the South Bay Players. They are requesting permission to place a temporary sign on the southeast corner of Fourth Avenue and L Street (Lillian J. Rice School grounds). The sign would be up for a period of five weeks (July 30 through September 3, 1972) and would be installed for the purpose of promoting the Players' fifth annual summer melo- drama, "Gadzooks~ The Villain~" It was moved by Councilman Scott and seconded by Councilman Hobel that this matter be referred to staff for investi- gation of compliance with the sign ordinance and report back to Council at the next meeting. Director of Planning Warren stated he had no objections to the proposed installation of the sign, but there would be need to set it back beyond certain vision clearance on the corner. Motion withdrawn Councilman Scott withdrew his motion; Councilman Hobel withdrew his second. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the sign be approved with Planning Department input as to size and location. PUBLIC HEARING - On April 18, 1972, gan Diego Yellow Cabs, CITY'S INTENTION TO Inc. and Diamond Cab Company petitioned CONSIDER AN INCREASE for approval o£ taxicab rates granted by OF TAXICAB FARES the City of San Diego. In a written report to the Council, Director of Finance Grant submitted a survey taken of other cities in the County, which showed them being higher in rate than the City of Chula Vista. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Bill Helton Mr. Helton, representing San Diego Yellow 3836 Shirley Place Cabs, Inc., spoke in favor of the proposed La Mesa increase and expressed his belief that approval of this increase would bring uniformity of rates in the area, yet they would still be among the lowest in the State. He stated that this is the first increase Yellow Cab has had in five years. Public hearing closed There being no further comments, either for or against, the public hearing was closed. Motion to include Exhibit 1 It was moved by Councilman Scott, seconded in record by Councilman Hyde and unanimously carried that Exhibit No. 1 (Taxicab Rates - Cities of Comparable Size) and the comments of the staff be placed in the record of the public hearing. RESOLUTION NO, 6513 - Offered by Councilman Egdahl, the reading FIXING TAXICAB FARES of the text was waived by unanimous con- IN CHULA VISTA AND sent, passed and adopted by the following AMENDING RESOLUTION vote, to-wit: NO. 4548 AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None PUBLIC HEARING - Director of Planning Warren noted the APPEAL OF CALDWELL AND location of the property as the southwest KEYES OF PLANNING CO~ISSION corner of Central Avenue and Sweetwater DENIAL OF REQUEST FOR Road. CONDITIONAL USE PERMIT TO CONSTRUCT THREE SINGLE-FAMILY The applicant proposes to construct a DWELLINGS IN FLOOD PLAIN single-family residence on each of three DISTRICT, R-E-D-F parcels in this Flood Plain zone. The General Plan designates subject property for park and open space, and the area is included within the regional park. The Planning Commission recommended denial of the Conditional Use Permit. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton opened the public hearing. Robert Zinser Mr. Zinser stated he was the owner of the 3396 Bonita Woods Drive property in question. He stated that he Bonita was approached by the Chula Vista Planning Department in 1966 to annex his property at the time the Bonita Valley Country Club was annexed and that he agreed to this as long as the property were to be zoned for residential dwellings. He added the property has been in escrow four different times and he has not been able to develop or sell the property. The property is now in escrow again to utilize the property the way it is zoned and the applicants are ready to comply with the flood zoning requirements. He believes the permit should be granted and that there should be no further delay in the matter. In answer to Councilman Scott's inquiry, Mr. Zinser stated he had received a letter from the County in regards to the develop- ment of a park in this area. Ed Lytle Mr. Lytle stated that the County Board of Park Development Division Supervisors did authorize and direct staff Public Works Agency to seek either options or development County of San Diego rights for this and other properties in the area and that a letter was sent to Mr. Zinser requesting permission to survey. He stated that his agency does not have authorization to buy this property at this time; they just have directions to seek options.~ Discussion ensued on the County's interest in acquiring this property, the develop- ment rights (compensation of the property owner for not selling or building on his land), options, and rights of the property - 3 - Mr. Lytle stated that he believed the options could be settled within 30 days and actual acquisition could be within 12 to 24 months. Robert B.' Keyes Mr. Keyes stated he is one of the appli- 240 Woodlawn cants in this matter. He commented he could not see continuing the matter for 50 days, as he does not believe the County would give the property owners an option. It was brought out by Mayor Hamilton that it was his understanding that if this were to be continued for 50 days, through the staff of the County with the backing of the Board of Supervisors, they could come to some resolution within 50 days. Mr. Zinser stated he had a bonafied sale in process on this property and that he is not interested in any options and that he is interested in selling the property. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. It was moved by Councilman Hyde and seconded by Councilman Egdahl that this matter be continued for a period of 50 days, at which time it would be brought back to Council (August 15). The Council discussed the need for a 4/5s vote on this matter and the possible absences of some Councilmen for the meetings of August 8, 15 and 22, 1972. City Attorney Lindberg stated that the Council could sustain the action of the Planning Commission with a simple majority vote, but to reverse or modify it, a 4/Ss vote would be required. Motion modified Councilman Hyde modified his motion to state that this matter be continued and brought back to Council at the meeting of August 1. Councilman Egdahl affirmed his second. The motion was unanimously carried. Recess A recess was called at 8:12 p.m., and the meeting reconvened 8:30 p.m. PUBLIC HEARING - Director of Planning Warren submitted a APPEAL OF SHATTUCK CONSTRUCTION plat noting the location of the 40 acres COMPANY OF PLANNING C0~NISSION of land known as Holderness property at DENIAL OF PREZONING TO R-1 FOR the easterly end of East J Street. The APPROXIMATELY 40 ACRES LOCATED applicant has requested that the property AT THE EAST END OF J STREET be prezoned to R-1 and has filed a tenta- tive map. The General Plan designates a significant portion of this property as a school and neighborhood park site. The Planning Com- mission recommends that those designations be replaced with a medium density resi- dential classification. - 4 - The Planning Commission denied the pre- zoning request based on: (1) the review of E1 Rancho del Rey not having been completed; (2) staff is preparing a Hill- side Development Ordinance, which would apply to this property and adjacent property to the east. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. J. R. Shattuck Mr. Shattuck commented that this second Shattuck Construction Company map being presented to Council is an 6150 Mission Gorge Road improved one and that the topography fits San Diego the area very well. He did confirm the fact that there will be extensive grading of this property as well as some filling. He believes the site, when completed, will be satisfactory for single family develop- ment. He stated that he was not in favor of a Planned Unit Development in this area. Mr. Shattuck asked that the pre- zoning be granted, as requested. James Craig, Civil Engineer Mr. Craig, referring to the map before the 2611 Adams Avenue Council, explained the slope areas. San Diego Council discussion ensued on the effect the prezoning of the property would have on the General Plan. Charles Bowers Mr. Bowers sought some clarification on 833 Lori Lane the matter of Hillside Development. Discussion ensued on the effect the Hill- side Development Ordinance might have on the proper%y at a later date, if the property were to be prezoned prior to its adoption. Councilman Scott pointed out it has not been brought before Council. Mr. Shattuck commented that he has not purchased this property yet. He has purchased it in escrow subject to condi- tions, one of which is being discussed this evening. He stressed that he had a certain time limit in which to work, and any additional delay would cause him dif- ficulty. He asked that the Council take action on his request at this meeting. He stated that the adoption of the Hillside Development Ordinance, which may have an adverse effect on his property, would influence his decision to buy this property. Public hearing closed There being no further comments, either for or against, the public hearing was closed. It was moved by Mayor Hamilton and seconded by Councilman Hobel that the appeal of Shattuck Construction Company for zoning to R-1 be upheld. Call for question Councilman Hobel called for the question. The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton, Scott, Hobel Noes: Councilmen Hyde, Egdahl Absent: None City Attorney Lindberg indicated that the appeal was granted, however it must go back to the Planning Commission for a report back to the Council. PUBLIC HEARING - Councilman Scott stated that he would APPEAL OF AUTOTRONICS abstain from participation in consideration SYSTEMS, INC., OF PLANNING of this matter as, if this were to be CO~4ISSION DENIAL OF REQUEST approved, a conflict of interest might FOR CONDITIONAL USE PERMIT exist. TO INSTALL GAS PUMPS AT 60 BROADWAY Director of Planning Warren submitted a plat noting the location of the property and explained that the applicant has requested approval of a conditional use permit to install two self-service gas pumps on this property. Three of the eight conditions set out in the Zoning Ordinance for approval of service stations have not been met. Mr. Warren noted that there are nine service stations within a one-half mile radius of the proposed site, 72 in operation within the city limits and 5 that have ceased operation within the last year, thereby questioning one of the conditions, which states that the "service station is clearly required by public convenience." The Planning Commission recommends that their action denying the conditional use permit be sustained. Director of Planning Warren commented that this matter would require a 4/5s vote to reverse the decision of the Planning Com- mission. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Lawrence Wasserman, Attorney Mr. Wasserman stated he is the attorney 8647 Navajo Road for the applicant and explained the type San Diego of operation proposed by the applicant as being a neighborhood service. The Fire Marshal did, according to Hr. Wasserman, have some reservations about the safety factors, but he withdrew them prior to the Planning Commission hearing. Mr. Wasserman commented on the petition signed by residents of the neighborhood. The petition said, in effee% that the petitioners believed this service to be "a necessary, desirable and convenient service, which would contribute to the general well being." Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Gene Dean Mr. Dean discussed the necessity for an Fire Marshal attendant to be in proximity of the gas pumps. It has been found recently, through experiences of other fire marshals in the County, that there was very little to object to. This type of operation apparently should be of no more concern than any other type of service station. Motion to deny appeal It was moved by Councilman Hobel and seconded by Councilman Hyde that the appeal for the conditional use permit be denied. The motion carried by the following vote, to-wit: AYES: Councilman Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Abstain: Councilman Scott Recess A recess was called at 9:55 p.m., and the meeting reconvened at 10:12 p.m. PUBLIC HEARING - Director of Planning Warren presented a CONSIDERATION OF CHANGE OF ZONE plat noting the property in question and FOR 4.69 ACRES LOCATED ON WEST reported on what action has transpired on SIDE OF BROADWAY SOUTH OF H this matter thus far. STREET, FROM C-T AND R-3 TO C-T-P The applicant requested rezoning from R-3 and C-T to C-T-P on 4 acres of vacant property on the west side of Broadway approximately 290 feet south of H Street. The Planning Commission included two additional parcels for consideration of rezoning; one parcel is developed with a bank directly northeast of the appli- cant's property and the other parcel is developed with an 8-unit apartment located northwest of the applicant's property. The applicant has submitted a plan for development of the property locating three one-story buildings, one to be used for offices and the other two for retail sales. The plan also indicates an ex- pansion of the existing drive-through facilities for a bank located on Broadway. The Planning Commission recommends the change of zone in accordance with their Resolution PCZ-72-L and the Precise plan filed. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton opened the public hearing. Mitchell Angus Mr. Angus stated he is representing Chula 708 Kettner Boulevard Vista Square partnership, and that he is San Diego here to answer any questions the Council might have. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. There was a brief discussion regarding the retaining wall between this property and that of the residences next to it and the Council directed that the wall be taken into consideration in the precise p lan. ORDINANCE NO. 1405 - It was moved by Councilman Egdahl that REZONING 4.69 ACRES LOCATED ON this ordinance be placed on its first THE WEST SIDE OF BROADWAY, SOUTH reading, as amended (retaining wall taken OF H STREET, FROM C-T AND R-3 TO into consideration in precise pqan), and C-T-P- FIRST READING that reading of the text be waived by unanimous consent. Ordinance placed on first reading The motion carried by the following vote, to-wit: AYES: Councilman Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None - 7 - PUBLIC HEARING - Direcotr of Planning Warren submitted a CONSIDERATION OF CHANGE OF plat noting the property in question. ZONE FOR PROPERTY LOCATED The applicant has requested a zone change EAST OF AND ADJACENT TO 619 for property located east of and adjacent BROADWAY FROM R-1 TO C-T to 619 Broadway in order to provide additional parking as part of their pro- posed plans for expansion of their present restaurant facil±ties. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton opened the public hearing. William Eichberger Mr. Eichberger stated he was representing 2620 Mary Street McDonalds. He commented that they concur La Crescenta, CA with the Planning Commission and that they have a precise plan to develop the vacant area. A brief discussim~ was held on the noise factors of this type of operation. Director of Planning Warren indicated that there had been only two people in the vicinity who objected to the operation. Ellen Goodlin Mrs. Goodlin spoke in favor of this 243 Fifth Avenue rezoning and especially of the alley going through. Public hearing closed There being no further comments, either for or against, the public hearing was closed. ORDINANCE NO. 1406 - It was moved by Councilman Hyde that this REZONING PROPERTY LOCATED EAST OF ordinance be placed on its first reading AND ADJACENT TO 619 BROADWAY, FROM and that reading of the text be waived R-1 TO C-T-~ FIRST READING by unanimous consent. Ordinance placed on first reading The motion carried by the following vote, to-wit: AYES: Councilmen Hyde~ Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent: None PUBLIC HEANING - CONSIDERATION Referring to the map illustrating this OF CHANGE OF ZONE FOR 2.48 ACRES property, Director of Planning Warren LOCATED IN THE 900 BLOCK OF INDUSTRIAL explained that the applicant requested a BOULEVARD FROM I TO I-L change in zone from I, General Industrial, to I-L, Limited Industrial, for 3.5 acres of land located in the 900 block of Industrial Boulevard just south of L Street. It was brought out during the discussion of this change that the correct acreage of this area would be approximately 3.75 as opposed to the 2.48 cited in the agenda and the 3.5 in the public hearing documents. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Robert Carlin Mr. Carlin stated he is one of the owners of this property and he is here to answer any questions the Council might have. He explained briefly the freeway interchange configurations. Public hearing closed There being no further comments, either for er against, the public hearing was closed. ORDINANCE NO. 1407 - It was moved by Councilman Scott that this REZONING APPROXIMATELY 3.5 ACRES ordinance be placed on its first reading, ON THE WEST SIDE OF INDUSTRIAL noting the change of acreage from 3.5 BOULEVARD, SOUTH OF L STREET, acres to 3.75 acres, and that reading of FROM I TO I-L - FIRST READING the text be waived by unanimous consent. Ordinance placed on first reading The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None PUBLIC HEARING - Director of Planning Warren, referring to DECLARING CITY'S INTENTION a plat prepared by the Director of TO VACATE A PORTION OF BONITA Public Works, explained that Mr. Robert H. ROAD Hammond submitted a request for the vaca- tion of a portion of Bonita Road and paid the required fees. The proposed street vacation is on the northerly side of Bonita Road between Allen School Road and Otay Lakes Road and will result in a uniform 50-foot width for the northerly half of Bonita Road. On May 15, 1972, the Planning Commission considered the proposed vacation and recommended that it be vacated as requested, subject to the reservation of a drainage easement for the City. Such reservations were received and incorporated into the legal description of the proposed vacation. 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. 6514 - This resolution orders the vacation of ORDERING VACATION OF A PORTION that portion of Bonita Road on the northerly OF BONITA ROAD side of Bonita Road between Allen School Road and Otay Lakes Road. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None PUBLIC HEARING - Director of Public Works Cole explained IMPOSING RULES AND REGULATIONS that E1 Rancho del Rey Unit No. 2 is to GOVERNING MOVEMENT OF VEHICLES be served by several private roads con- ON PRIVATE STREETS AND PARKING nected to the City's "H" Street. AREAS IN EL RANCHO DEL REY SUBDIVISION, UNIT NO. 2 The developer has requested that the rules and regulations contained in the Traffic Code of the City of Chula Vista and the California Vehicle Code be imposed on the private roads and parking areas within this subdivision to permit policing of the streets by the Police Department. 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 closed. RESOLUTION NO. 6515 - This resolution imposes the rules and IMPOSING RULES AND REGULATIONS regulations governing vehicular movement given GOVERNING MOVEMENT OF VEHICLES in the Chula Vista Traffic Code and the ON PRIVATE STREETS AND PARKING California Vehicle Code on the private AREAS IN EL RANCHO DEL REY streets and parking areas in E1 Rancho SUBDIVISION, UNIT NO. 2 del Rey Subdivision, Unit No. 2. 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 CONSIDERATION OF TENTATIVE This matter was referred back to the Planning MAP OF WINDSOR VIEWS SUBDIVISION Commission. (See discussion under Oral Communications.) RESOLUTION NO. 6516 - Director of Planning Warren explained that APPROVING THE TENTATIVE MAP a tentative map has been filed to convert OF CONTINENTAL APARTMENTS an existing apartment development at SUBDIVISION 471-477 Fourth Avenue to condominiums. The Planning Commission considered this map on July 3, 1972, and recommended proval subject to the following three conditions: (1) applicant to file a cppy of the deed restrictions with the Planning Department; they shall prohibit the conversion of any parking stall to any other use; (2) all utilities shall be placed underground; (3) one standard street light (20,000 lumens) shall be installed at a location between the existing driveways. After Council discussed the possible landscaping of this subdivision, City Attorney Lindberg added that it might be included as a part of the design feature. Discussion ensued on the park land dedica- tion requirements and reference was made to the provision that the City of Los Angeles has for this. City Attorney Lindberg also added that if the resolution is offered with the condition of park land dedication fees, a definite opinion on this could be given to Council prior to the filing of a final map. Resolution offered Offered by Councilman Hobel, with notations to staff for conditions on (1) landscaping frontage area onto the major street and (2) the application of park land dedication fees; the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde Egdah 1 Noes: Councilman Scott Absent: None -10- RESOLUTION NO. 6517 - The Planning Department staff had been directed ADOPTING STANDARDS FOR by the City Council to consider the possibility CONCRETE DRIVEWAYS FOR of requiring that only concrete driveways be SINGLE-FAMILY DWELLINGS permitted in new subdivisions. It was determined AND DUPLEXES by the staff that the best method for doing this would be with an amendment to the Zoning Ordinance. A resolution setting forth this new standard with certain exceptions was referred to the Planning Con~ission. Resolution offered Offered by Councilman Egdahl~ the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6518 - This resolution authorizes the expenditure of APPROVING AGREEMENT WITH the Budget-appropriated funds of $13,590 CHULA VISTA VISITORS for use by the Chula Vista Visitors and AND CONVENTION BUREAU, INC. Convention Bureau, Inc. for the fiscal year FOR ADVERTISING AND of 1972-73. PROMOTIONAL SERVICES, FISCAL YEAR 1972-73 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None UNANIMOUS CONSENT ITEMS: RESOLUTION NO. 6519 - This resolution urges the ingtitution of a URGING THE LEAGUE OF study for the purpose of planning and imple- CALIFORNIA CITIES TO menting a State-wide program of public FORMULATE AND SUPPORT liability insurance. A PLAN FOR PUBLICLY FUNDED STATE-WIDE LIABILITY INSURANCE FOR MUNICIPALITIES 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. 6520 - City Attorney Lindberg explained that the DIRECTING THE CITY ATTORNEY Ordinance states that direct lighting shining TO GIVE NOTICE TO FRANK E. on properties can be handled by criminal pros- FERREIRA TO APPEAR BEFORE ecution as a misdemeanor; however, nuisance THE CITY COUNCIL ON TUESDAY, lighting ~- reflected lighting -- based upon AUGUST 8, 1972 TO SHOW CAUSE complaints of an alleged nuisance, must be WHY LIGHTING OF CERTAIN PROPERTY referred to the City Council for their de- LOCATED AT WHISPERING TREES termination that a nuisance exists and that BONITA, 2S0 BONITA GLEN DRIVE, an appropriate legal action to abate the CHULA VISTA, CALIFORNA, SHOULD nuis~ne should be taken. NOT BE DECLARED A PUBLIC NUISANCE AND ABATED BY APPROPRIATE LEGAL ACTION - 11 - He added that the appropriate device for ob- serving the problem would be for the entire Council to view the scene, at the time of the hearing. 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 ORDIN;~NCE NO. 1395 - This ordinance was placed on its first REZONING APPROXIM3~TELY 3.5 reading on July 11, 1972. ACRES LOCATED AT THE NORTHWEST QUADRANT OF INTERSTATE 805 AND BONITA ROAD - Second reading and adoption Ordinance placed on second It was moved by Councilman Egdahl that this reading and adoption ordinance be placed on its second reading and that reading of the text be waived by unani- mous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1404 - This ordinance was placed on its first reading AMENDING CITY CODE PERTAINING on July 11, 1972. TO GARAGE SALES - Second reading and adoption Ordinance placed on second It was moved by Councilman Egdahl that this reading and adoption ordinance be placed on its second reading and that reading of the text be waived by unani- mous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None REQUEST FROM INTERNATIONAL The International Friendship Commission is FRIENDSHIP COMMISSION FOR requesting $335 to enable a commissioner AUTHORIZATION AND FUNDS FOR to attend the Town Affiliation Association A DELEGATE TO ATTEND THE Conference in Seattle, Washington, in August, TOWN AFFILIATION ASSOCIATION 1972. CONFERENCE Request denied It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the request be denied. LEAGUE OF CALIFORNIA Mayor Hamilton announcedthat the next League CITIES DINNER of California Cities dinner of the San County Division will be held on Thursday, July 27, 1972, in E1Cajon. - 12- C0~ISSION REAPPOINTMENTS It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the following two people be reappointed to their respective commissions: Charles Offerman - Board of Appeals John Macevicz - Planning Commission C P 0 JOINT POWERS AGREEMENT Councilman Hobel mentioned that the Comprehensive Planning Organization Joint Powers Agreement is being mailed to the Mayor and Councilmen for them to study and to determine, by the next CPO Policy meeting, whether or not to ratify it. WRITTEN C0~UNICATIONS Verified claim for damages Shirley Triebull has submitted a verified from Shirley Triebull, claim for damages in H~e amount of $100,000. 6904 Adams, La Mesa She claims that the car in which she was a passenger was struck at the intersection of West Bay Boulevard and G Street, after proceeding into a left turn at the direction of the Traffic Control Officer. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied. Request from American Mr. Jerry Linton, American Housing Guild, Housing Guild for setting has requested a Council Conference to of Council Conference to discuss the park site in the area of the discuss the park site in the Larkhaven Subdivision. area of the Larkhaven Subdivision Request approved It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the request be approved and a date be set. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:24 p.m. to the meeting scheduled for Wednesday, July 19, 1972~ at 3:00 p.m. Deputy City ClVerk - 13-