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HomeMy WebLinkAboutcc min 1972/06/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday June 20, 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, Hyde, Egdahl Absent: Mayor Hamilton, (Councilman Mobel arrived late) Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren In the absence of Mayor Hamilton, Mayor Pro Tempore Hyde presided over the meeting. The pledge of allegiance to the Flag was led by Mayor Pro Tempore Hyde followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Egdahl and carried that the minutes of the meetings of June 7, 8, 10 and 13, 1972 be approved, copies having been sent to each Councilman. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: None Absent: Councilmen Hobel, Hamilton ORAL COMMUNICATIONS Robert E. Boggs, Acting President Mr. Boggs requested Council's serious con- Chula Vista Colt League sideration of financial support for a back- 251 Sandstone Street stop at the field next to Max Field. Mr. Boggs submitted a written estimate of the cost of this project -~ approximately $3,000. Referred to staff It was moved by Councilman Egdahl, seconded by Councilman Scott and carried that this matter be referred to staff for report. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde Noes: None Absent: Eouncil~n Hobel, Hamilton John Sipula Mr. Sipula asked for Council's support of 268 Shasta Street the backstop request by Mr. Boggs for the Colt field. Jefferson & E crossing Mr. Sipula discussed the situation of the crosswalk which was denied by the Council at the last meeting. He felt it should be reconsidered, the crosswalk put in and ad- vertised as such. Mr. Sipula compared this situation with that of San Dieg% indicating that the Council disapproved the installa- tion because of the cost. Councilman Scott declared that cost was not the factor in the Council's determination; it was strictly m safety factor. Tommy Couch Mr. Couch stated he is speaking as Chairman 293 Third Avenue of the Advisory Committee of the Dmfntown Parking and Improvement District. He noted the meetings held by the Committee and the questionnaire sent to the merchants in the District. The results of the ques- tionnaire resulted in a unanimous decision of the Committee to request the City Council to rescind Ordinance No. 1372 establishing the District. Motion to continue Councilman Scott moved that this matter be for one week held over until the next meeting when a full Council can be present. The motion was seconded by Councilman Egdahl and car- ried.by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: None Absent: Councilmen Hobel, Hamilton Notification to be given Mayor Pro Tempore Hyde asked the City Clerk to notify the Chamber of Cormnerce and the officers of the former Downtown Association that this item will be considered at the meeting of June 27, 1972. John Sipula Mr. Sipula discussed a Homeowner's License 268 Shasta Street issued by the Planning Commission a week ago allowing the operation of a machine shop in a private garage in a residential area. This man was a supervisor at Rohr and was recently laid off. Only the immediate residents were notified of this proposed use. Mr. Sipula charged that four of the Planning commissioners are Rohr employees and felt this might have had a bearing on the judgment -- a possible conflict of interest. Mayor Pro Termpore Hyde assured Mr. Sipula that only two of the commissioners were Rohr employees. Councilman Scott indicated his concern about the fact that people bring up these remote "conflict of interests" charges. Mr. Burce Warren, Director of Planning, stated he would submit a report to the Council on this situation. Home Occupations are described by Ordinance, and the Planning Com~ission does not take into account where the person is employed when considering a request of this kind. PUBLIC HEARING - Director of Planning Warren submitted a 1911 BLOCK ACT - ARIZONA report, explaining that this annexation STREET ANNEXATION was initiated by the Planning Commission at the request of the Director of Public Works. The location of the proposed annex- ation involves the south half of the portion of Arizona Street east of Broadway and seven lots. The Local Agency Formation Commission has authorized this annexation with the condi- tion that an agreement or contract be en- tered into by the City and the Montgomery Fire Protection District for provision of structural fire protection within the exist- ing boundaries of the district. Petition of protest Mayor Pro Tempore Hyde noted the petition of submitted protest received by the City Clerk, signed by property owners comprising 67.9% of the proposed annexation. Motion to continue It was moved by Councilman Scott, seconded by Councilman Egdahl and carried that this matter be continued to the meeting of June 27, 1972, to allow the City Clerk time to validate signatures and valuations on the petition. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: None Absent: Councilmen Hobel, Hamilton ORDINANCE - APPROVING (Continued to June 27, 1972) ARIZONA STREET - 1911 ACT ANNEXATION - First Reading PUBLIC HEARING - Director of Planning Warren submitted a re- AMENDMENT TO CHULA port stating that Panerican Housing Guild VISTA GENERAL PLAN requested a change in the General Plan for approximately thirty acres east of Interstate 805 south of Zenith Subdivision. The change is to allow a land use for resi- dential development. Prior to this request, American Housing Guild filed a tentative subdivision map, consisting of 85 lots, for this property. The Planning Commission recommended denial of the map based partially on non-conformance to the General Plan. The developers re- quested continuance of consideration of the map and filed this request for an amendment to the General Plan. Councilman Scott suggested this item be continued for one week, since only three Councilmen were present, and it would take just one vote to defeat the request. Mr. Jerry Linton, American Housing Guild, stated he would have no objection to the continuance. Motion to continued for It was moved by Councilman Scott, seconded one week by Councilman Egdahl and carried that this public hearing be continued for one week (meeting of June 27, 1972). The motion carried by the following vote, to-wit: AYES: CouncilmEn Scott, Hyde, Egdahl Noeg! None Absent: Councilmen Hobel, Hamilton RECOM~NDATION OF CITY In a report to the Council, Director of PLANNING COMMISSION CONCERNING Planning ~arren noted the location of the TENTATIVE SUBDIVISION MAP OF thirty acres as east of Interstate 805, ZENITH, UNIT NO. 2 southwest of Grog Rogers Park. The sub- division would contain eighty-five single family dwellings. The General Plan places this property in an open space category. - 3 - At the meeting of May 22, 1972, the City Planning Commission denied the map. Donald Worley, Attorney Mr. Worley stated that one of the impediments Seltzer, Cap lan, Wilkins to considering the tentative map was the and McMahon existence of the General Plan designation 3003 Fourth Avenue of this area as parks and open space. He San Diego felt it would be appropriate at this time to continue this matter also, and consider it along with the request to amend the General Plan. Continued for one week It was moved by Councilman Scott, seconded by Councilman Egdahl and carried that this matter be continued to the meeting of June 27, 1972. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: None Absent: Councilmen Hobel, Hamilton PUBLIC HEARING - City Clerk Fulasz reported that the resolu- CONSIDERATION OF INCREASE tion of intention was not sent to the news- IN RATES FOR TAXICABS paper for publication; therefore, a new date for a public hearing -- on July 11, 1972 -- is being requested. RESOLUTION NO. 6472 Offered by Councilman Scott, the reading GIVING NOTICE OF of the text was ~aive~ by unanimous consent, INTENTION TO HOLD A passed and adopted by the following vote, PUBLIC HEARING RELATING to-wit: TO AN INCREASE IN AYES: Councilmen Scott, Hyde, Egdahl TAXICAB FARES Noes: None Absent: Councilmen Hobel, Hamilton ORDINANCE NO. 1402 AMENDING Chief of Police Winters submitted a report CITY CODE RELATING TO ART to the Council of a new type of business FIGURE STUDIOS - First Reading which has been inaugurated in Oceanside involving alleged photo studios which are divided off in cubicles. A customer can rent an instamatic camera and photograph a nude female in the cubicle for a $5.00 fee. Other persons may observe at $2.00 each. Chief Winters stated it would be in the interest of the community to have an ordinance controlling these figure studios. The Military Police are particularly con- cerned since control inspections of the premises are practically impossible. Ordinance placed on It was moved by Councilman Egdahl that first reading the ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion passed by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde Noes: None Absent: Councilmen Hobel, Hamilton - 4 - RESOLUTION NO. 6473 On March 7, 1972, by Resolution No. 6362, ACCEPTING QUITCLAIM DEED the City Council accepted a grant deed for TO CORNER RADIUS, SOUTHWEST the dedication and naming of a corner radius CORNER BROADWAY AND 'H' at the southwest corner of Broadway and STREET, LISA RUBIN ET AL 'H' Street. Ownership of the property is in the name of Lisa Rubin et al and was signed by three owners of interest; however, it was not signed by Lisa Rubin. This Resolution, therefore, accepts a quitclaim deed signed on behalf of Lisa Rubin by her daughter, Harriet Stone, her Attorney-in- fact. 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, Hyde Noes; None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6474 Director of Public Works Cole reported that ACCEPTING EASEMENT FOR the 'F' Street railroad bridge was relo- FRONTAGE ROAD AT 'F' cated by the State Division of Highways in STREET AND INTERSTATE conjunction with the widening of Interstate FIVE FREEWAY FROM SAN 5 Freeway. The relocation necessitated DIEGO & ARIZONA EASTERN the reconstruction of the railway's spur RAILWAY COMPANY AND track east and west of Interstate 5 AUTHORIZING THE MAYOR which was purchased by the Highwsy Depart- TO SIGN THE EASEMENT ment and deeded to San Diego and Arizona FORM ON BEHALF OF THE Eastern Railway Company. The railway CITY company is now offering an easement to the City for a portion of the frontage road crossing their right of way. At the com- pletion of the Interstate 5 improvements, the State will transfer the frontage road to the City street system. 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, Hyde Noes: None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6475 Director of Public ~?orks Cole reported APPROVING SUBDIVISION that Locdel, Inc., has completed all re- IMPROVEMENT AGREEMENT quirements imposed by the Planning Com- FOR LOCDEL ESTATES mission and Council for the recordation SUBDIVISION, UNIT NO. 2 of the final map. 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, Hyde Noes: None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6476 The final map has been checked by the APPROVING FINAL MAP Engineering Division and found to be OF LOCDEL ESTATES in conformity with tho tentative map. SUBDIVISION, UNIT NO. 2 Approval of the final map includes the dedication of the remaining portion of MARIPOSA CIRCLE. - 5 - 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, Hyde Noes: None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6477 Director of Public Works Cole reported that APPROVING SHEET 6 OF 8 Sheet six of the proposed Circulation Element SHEETS OF CIRCULATION of the County General Plan is that portion ELEMENT OF SAN DIEGO which encompasses Chula Vista's sphere of COtJNTY GENERAL PLAN influence which has been revised to conform with the road network as shown on the Chula Vista General Plan. A review by the Engin- eering Division reveals that approval of this portion of the Circulating Element will have no effect on any changes which the City might wish to make to its General Plan. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde Noes: None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6478 Reel Const:uction Company, Incorporated, APPROVING ENCROACHMENT contractor for the Community Tower at PERMIT AND ENCROACHMENT 288 'F' Street is applying for an MAINTENANCE AND REMOVAL encroachment permit to erect an overhead AGREEMENT FOR 288 'F' protection canopy in the alley between STREET Center and 'F' Streets mid a pedestrian walkway on 'F' Street for a period of eleven months. The canopy and pedestrian walkway are required by the State Division of Industrial Safety and the Federal Occu- pational Safety and Health Act. The encroachment maintenance and removal agreement is in accordance with Ordinance No. 1205. Resolutian offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde Noes: None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6479 Gilbert E. Ortega, 972 Melrose Avenue, APPROVING DRIVEWAY VARIANCE, has applied for a driveway variance to 972 MELROSE AVENUE install a second driveway approach to facilitate construction of a circular drive on his property. Ordinance No. 1205 permits a maximum of forty percent of the frontage for driveway purposes, or in this case, thirty feet of curb opening. Mr. Ortega is requesting thirty-five feet. The Department of Public Works recommends approval stating the excess total width will not signifi- cantly affect the use of Melrose Avenue. - 6 - Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the followin~ vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde Noes: None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6480 Resolution No. 5895, adopted January 5, 1971, CANCELLING SOUTHWESTERN provided for an agreement for maintenance of COLLEGE SWI~ilNG POOL the swimming pool by the City. MAINTENANCE AGREEMENT The College has now requested cancellation of the agreement, stating they are now in a position to take over the maintenance of the facility. The termination is to be effective on July 1, 1972. 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, Hyde, Egdahl Noes; None Absent: Councilmen Hobel, Hamilton RESOLUTION NO. 6481 A second amendment to the agreement between APPROVING SECOND AMENDMENT the City and the Spring Valley Sanitation TO THE CHULA VISTA-SPRING District has been submitted. This relates VALLEY SANITATION DISTRICT to the payment by the District for certain AGREEMENT FOR REIMBURSEMENT Metropolitan Sewerage System capacity rights. AND PAYMENT OF CERTAIN FEES The capacity rights involve the Bonita Glen AS RELATED TO METROPOLITAN Annexation Service Area, situated generally SEWAGE SYSTEM CAPACITY RIGHTS south of San Miguel Road and east of Acacia Avenue in Sweetwater Valley. The Second Amendment provides for a fee of $87.00 per acre as reimbursement for monies expended to date by the City for Metropolitan Sewerage System capacity rights for the subject area, plus a fee of $14.00 per acre to be paid annually to the City to defray expenses, which the City will incur until an actual transfer of capacity rights occurs. (Councilman Hobel arrived at this time.) Council discussion Council discussion was held regarding the fee charged per acre and the reimbursement to the City. Explanation of terms Director of Public Works Cole explained the of contract terms of the contract, noting that this parti- cular area is within the sphere of influence of Chula Vista and approval must be given by Council to transfer the capacity rights. City Attorney's opinion City Attorney Lindberg explained the legal ramifications of the contract, the termina- tion clause, and the binding obligation of the City to give out the capacity rights. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent. Speaking against the Councilman Scott ~poke against the motion res6tution requesting that the figures as stated in the contract should be recalculated and a report brought back to Council. - 7 - City Manager Thomson remarked that he felt the $14.00 per acre was adequate to compensate the City for any obligations incurred over the years. Mr. Cole, Director of Public Works, indicated he would bring a report back to Council; however, the figures would remain the same - the report would be just a justification of the figures. Councilman Scott withdrew his objections to the resolution. Motion carries The resolution, as offered by Councilman Egdahl, carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6482 Negotiations have been held with the State APPROVAL OF AGREEMENT WITH Division of Highways for the lease of property STATE OF CALIFORNIA FOR consisting of 1.19 acres lying west of the LEASE OF STATE OWNED LANDS Halecrest School. The lease is for a SO-year FOR PARK PURPOSES - NORTHEAST period at a rental rate of $100 a year. Terms QUADRANT OF 1-805 AND EAST and conditions are spelled out in the lease. "J" STREET Park development of this property is in the proposed 1972-73 Capital Improvements Program. Councilman Egdahl suggested that since plans and specifications must be approved by the State, and the City is tied into a specific date for commencing and completing the construction, which is a six-month period, the agreement should read: "to commence upon the approval of plans and specifications and to be completed then within a six-month period." City Attorney Lindberg felt this modification was appropriate. If the State Division of Highways had any objections, the staff would bring it back to the Council. 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, Itobel, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6483 Formal bids were received on June 13, 1972, ACCEPTING BIDS AND AWARDING for the construction of a parking lot, gazebo CONTRACT FOR THE CONSTRUCTION foundation and sidewalk at Palomar Park, as OF PARKING LOT, GAZEBO AND follows: SIDEWALK AT PALOMAR PARK Hubbard Construction Company $12,130.00 T. B. Penick & Sons, Inc. $12,867.S8 Griffith Company $13,730.20 It is recommended that the contract be awarded to the low bidder, Hubbard Construction Company. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton - 8 - RESOLUTION NO. 6484 Bids were received on June 6, 1972, for the ACCEPTING BIDS AND AWARDING phase involving twelve properties along the west CONTRACT TO T. B. PENICK AND side of Second Avenue, south of Palomar Street SONS FOR CONSTRUCTION OF and along a portion of the alley from Smith PUBLIC IMPROVEMENTS: 1911 Avenue to Fifth Avenue, between H Street and BLOCK ACT, PHASE XIV Otis Street. Phase XIV originally included 34 properties along eight blocks and one alley. Of this total, twenty-one properties voluntarily improved their properties and one was granted a deferral. The bids received were: T. B. Penick & Sons $10,474.20 Hubbard Construction Company $10,920.25 Griffity Company $11,285.1S Sapper Construction Company $11,381.50 It is recommended that the contract be awarded to the lowest bidder and the amount of $10,474.20 be appropriated from the unappropriated surplus of the General Fund. The monies will be repaid through the imposition of a special assessment and lien against the properties. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6485 Formal bids were mailed to five vendors and ACCEPTING BID AND AWARDING only one responded: CONTRACT FOR ONE (1) 200 HORSEPOWER CHASSIS DYNAMOMETER Clayton Manufacturing Company $6,502.00 Purchasing Agent Espinosa recommended acceptance of the bid, explaining the reasons for the one bid. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6486 Senate Bill No. 874 provides that a city or OPPOSING SENATE BILL NO. 874 county, which issues building permits for residential construction shall be liable for the cost of repairs, and actual damages to any person lawfully on the premises where such repairs or injury are caused, or made necessary by the construction of the building in violation of building code requirements. The Director of Building and Housing recommends opposition to the Bill expressing his concern for the liability the City could incur if the bill passed. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6487 This resolution approves an agreement between APPROVING AGREEMENT BETWEEN the City and Robert Corley, owner of South Bay THE CITY OF CHULA VISTA AND Vending Company. SOUTH BAY VENDING COMPANY FOR PROVISION OF VENDING MACHINES AT LOMA VERDE RECREATION CENTER AND PARKWAY YOUTH 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, Mobel, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6488 The resolution confirms the assessments CONFIRMING ASSESSMENT - considered by the Council on June 13, 1972, ARIZONA STREET EAST OF after holding a duly advertisied hearing. BROADWAY AND ALLEY BETWEEN DEL MAR AVENUE AND CHURCH AVENUE 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6489 At the meeting of June 13, 1972, the City SUPPORTING THROUGH BUS Council directed that a resolution be brought SERVICE BETWEEN TIJUANA, bac to this meeting indicating Council's MEXICO AND SAN DIEGO support of the concept of a bus service to be provided by a bus company from either side of the border for this through service. The City Manager requested that the support include a provision for a bus stop in Chula Vista. Modification of resolution Councilman Scott stated the Council supported the proposal in concept and it was not the intent of the Council to state the name of any carrier. He asked that the name of the bus company as noted in the resolution be deleted. Resolution offered Offered by Councilman Scott, as amended, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Mobel, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION - APPROVING City Manager Thomson reported on the new lease LEASE AGREE~NT FOR agreement, which encompasses ten points. OPERATION OF CHULA VISTA MUNICIPAL GOLF COURSE The lessee has requested that the term of the RESTAURANT-BAR FACILITY lease, which has been stipulated at two years, be for 20 years with a provision that the City has the right to terminate upon 10 days notice on or after the second anniversary of the lease. This is to facilitate acquisition of investment capital by the lessee. Council discussion on terms Discussion was held concerning the fact that of the contract after the two year period of time, the lessee would come back to the Council with a proposal for a possible motel operation on the premises. The members of the Council referred to the Council Conference held on April 19, 1972, at which time they made it clear that any such change to the contract would cause it to go out to bid again. - 10- City Attorney Lindberg remarked that this was made clear to Mr. Agee and his attorney at a meeting held with them and the City Manager. b{r. Lindberg added that Mr. Agee asked about the City bearing the cost of a feasibility study. It was made very plain to Mr. Agee that the City would not, in any way, participate in this cost. Councilman Scott stated he felt concerned over the fact that perhaps the Council is not being fair to the lessee. Mr. Agee commented at one meeting that he could not make a profit under the present terms of the contract, and now the City is giving him two more years to possibly come back with the same problems. E. Emerson Hall, Director of Mr. Hall explained that he talked to both Mr. Parks and Recreation Warburton, the golf pro, and Mr. Agee. He Prices and Method of made it clear to them that the restaurant was Operation not the primary function - it was the golfers and the restaurant facility that should be geared to the desires of the golfers - if the golfers want a hamburger instead of a steak, they should be able to get this. He asked that both concessionaires work toward improving their facilities. Councilman Hobel suggested the price structure, as existing in the restaurant, stay as it is, and any increase in prices be cleared by the staff or Council; if justified, then approval would be given. Motion to refer to staff It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried (Mayor Hamilton absent) that this matter be referred back to staff for redrafting of Article 5. The modified resolution is to be brought back at the next meeting (June 27, 1972). Councilman Scott asked that the philosophy as expressed by Mr. Hall be incorporated into the agreement. Councilman Egdahl asked that the staff encourage Mr. Agee to be present at the next meeting. REQUEST BY SOUTH BAY CHEVROLET Director of Planning Warren noted that on FOR APPROVAL OF PRECISE PLPdq April 18, 1972, the City Council approved FOR DEVELOPMENT OF PROPERTY rezoning on approximately 1.7 acres of property AT 562 K STREET IN C-T-P ZONE from R-$-G Md C-T-D to C-T-P at 562 K Street. Approval of the rezoning was subject to detailed plans being submitted to the Council. The plans arc now ready for Council consideration. The plans conformed to the guidelines as approved by the Council with one exception: the new building designed for servicing new automobiles will be opened to the north, instead of the south, as approved by Council. The owners claim this must be done because of the traffic con- gestion at this point and because of the change in elevation at this point that needs to be handled by a retaining wall. Victor Cimmarrusti, Architect Mr. Cimmarrusti stated he could see no need for 3731 Sixth Street, SD a slump block wall since it would be planted over. - 11 - He noted the amount of landscaping that would be put in, declaring this would hold more interest than the type of wall that would be put in. Mr. Cimmarrusti detailed the need for the service building to open to the north, instead of the south, as originally proposed by the Council. Motion to approve precise plan It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried (Mayor Hamilton absent) that the precise plan, as submitted, be approved, with the condition that a slump stone wall be installed, rather than a concrete block wall. REPORT ON ENTRANCE ROAD City Manager Thomson discussed the request of FOR PROPOSED CO~qUNITY the Board of Directors of the Community Hospital HOSPITAL for City participation in the construction of the access road for the new proposed hospital. The Director of Public Works and the City Attorney have recommenc~dthat an agreement be entered into providing for full payment of all costs by the Community Hospital incurred in condemnation action for the access road, and further, that the hospital be fully bonded to provide adequate security to the City to insure the payment of a resulting judgment. The Director of Public Works recommended that the City not participate in the entrance road and sewer extension but offer its services in acquisition of the access road right of way, providing all direct costs are paid for by the hospital. City Attorney Lindberg explained that if the City wishes to exercise its powers of eminent domain, concurrence of the Board of Supervisors must be obtained for the acquisition of that portion of the right of way which is in the County. Mr. Lindberg added that Dr. Burton Tiffany, on the Board of Directors of the hospital, stated he had an agreement with the owners of United Enterprises and Otay Land Company to share jointly in the cost of an appraisal for the right of way, and in probability there would not be a condemnation trial. It would be just a resolution this Gouncil authorizing condemnation approval with Community Hospital to carry the costs. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried (Mayor Hamilton absent) that a resolution be brought back at the next meeting establishing the City's powers of eminent domain in this matter. AIR CONDITIONING - City Attorney Lindberg referred to a memo sent to CITY ATTORNEY the Council requesting approval of the installa- tion of three 6,000 btu units in this office. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried (Mayor Hmmilton absent) that the staff be directed to bring back a report at the next meeting whether air conditioning is needed for the entire building. If it is not needed, then are there any priorities that should be established for air conditioning by a single unit. - 12 - EXECUTIVE SESSION It was moved by Mayor Pro Tempore Hyde, seconded by Councilman Scott and carried that the Council recess to Executive Session, for personnel matters and for appointments to boards and commissions, after "Written Communications." RECONSIDERATION OF ACTION Mayor Pro Tempore Hyde discussed the Safety REGARDING 660 L STREET Commission's recommendation of posting "Entrance Only" signs across the new driveway from Colorado Avenue, and "No Left Turn" signs on all other driveways exiting onto L Street. The Council took no action on this recommendation at the meeting of June 13 when the excess driveway width at Ratner's Mfg. was considered. Mayor Pro Tempore Hyde commented that he has since visited the site, and feels the Council should reconsider its Safety Commission's recommendation It was moved by Mayor Pro Tempore Hyde, and to be reconsidered sec~ded by Councilman Egdahl that the staff bring back the Safety Commission's recom- mendations at the next meeting, for reconsidera- tion. Substitute motion A substitute motion was made by Councilman Scott in which he moved that the City install the "No Left Turn" signs at this time. The motion was seconded by Councilman Hobel. William Wappes, Chairman, Mr. Wappes discussed the recommendations made Safety Commission by the Commission and asked Council's recon- sideration of both the "Entrance Only" and "No Left Turn" signs. Substitute motion withdrawn 6ouncilman Scott withdrew his motion, and Councilman Hobel withdrew his second. Original motion carries The motion directing the staff to bring back the Safety Commission's recommendation for reconsideration at the next meeting carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: None Absent: Mayor Hamilton OPEN HOUSE - CIVIC CENTER Mayor Pro Tempore Hyde referred to the memo from the City Clerk asking for Council's approval of the date of July 9, 1972, for the Civic Center's Open House. Approval of date It was moved by Councilman Scott, seconded by Councilman Hobel and carried that approval be given to scheduling an "Open House" for July 9, 1972, from 1 p.m. to 3 p.m. The motion carried by the £ollowing vote: AYES: Cnuncilmen Scott, Hobel, Hyde, Egdahl Absent: Mayor Hamilton - 13 - COMPREHENSIVE PLANNING Councilman Hobel reported on the meeting ORGANIZATION MEETING of June 19 regarding the roll call vote for funding of CPO. Ail cities, except Imperial Beach, have put the funds in their tentative budgets. Imperial Beach is still backing the management-core concept, but it is expected that their Council will reverse this at their next meeting and adopt the program core concept. The weighted vote formula was adopted by the Policy Committee of CPO yesterday, as a modification of the joint powers agree- ment. The Board of Supervisors today voted not to back this weighted vote formula. BICYCLE ROUTES Councilman Egdahl suggested some type of program to inform the people in Chula Vista about the bicycle routes. E. Emerson Hall, Director, Mr. Hall reported that a bike ride is being Parks and Recreation planned for the near future, and a brochure is presently being printed. WRITTEN COMMUNICATIONS Verified claim for damages - Alice A. Fischer has filed a verified claim Alice A. Fischer, for damages in the amount of $49.95 for an 1130 Colusa Street, San Diego alleged incident which occurred on June 5, 1972, at the entry of Atlantic Richfield Service Station at Broadway and E Streets. Ms. Fischer claims the jagged curb at this entrance way damaged and slashed her tire beyond repair. Claim denied It was moved by C~uncil~an Scott., seconded by Councilman Hobel and unanimously carried that the claim be denied. Request of William E. Johns, Mr. William E. Johns, White, Price, Peterson Attorney, for Council adoption of and Robinson, Attorneys at Law, requests Traffic Code regulations for Council adoption of a resolution imposing E1 Rancho del Rey, Unit No. 2 the rules and regulations contained in the Traffic Code upon the private roads and parking facilities situated in E1 Rancho del Rey, Unit No. 2 Resolution to be brought back It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that a resolution be brought back to the next meeting setting this matter for public hearing. Request from RoH. Woodward, Mr. Woodward would like to know if the City 1130 Barcelona Drive, San Diego~ has any intention of purchasing his property regarding park site for a park site. The property is between 65 and 81 Third Avenue and contains 3.54 acres. Referred to staff It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this matter be referred to staff for report. 14 - Proposal from Carroll and Mr. Wayne Carroll has submitted a Brantley, Associates, CPA, proposal for an audit of the records for audit of City Records of this city for the fiscal year for fiscal year 1972-73 ending June 30, 1973. Mr. Carroll delineated the terms of the audit, stating it will not exceed the amount of $4000 for the period. Referred to staff It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this request be referred to staff for recommendation. COUNCIL CONFERENCE SET City Clerk Fulasz listed the items pending for a Council Conference. It was moved by Mayor Pro Tempore Hyde, seconded by Councilman Scott and unanimously carried that the City.Clerk set the next Council Conference (after the one scheduled for June 20) for July 19, 1972 at 5 p.m. EXECUTIVE SESSION The Council recessed to Executive Session at 9:25 p.m. and the meeting reconvened at 10:10 p.m. APPOINTMENTS TO BOARDS AND It was moved by Councilman Egdahl, CO~ISSIONS seconded by Councilman Hobel and unanimously carried that the following appointments be made: Board of Appeals - Wayne Smith 47 San Miguel Drive Environmental Control Commission - Gayle McCandliss 846 Halecrest Drive Paul Legler 456 Elm Street Parks & Recreation - Lola Shepherd 329 East James Street Youth - Tim Nader Mark Fiocco (both reappointments) Library Board - Herbert Lathan 631 Carla (effective July 1, 1972) ADJOURNMENT Mayor Pro Tempore Hyde adjourned the meeting at 10:12 p.m. to the meeting schaduled for Wednesday, June 20~ 1972, at 3 p.m. in the Council Conference Room. City ~erk