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HomeMy WebLinkAboutcc min 1972/06/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday June 6, 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 Co~cilmen present: Co~mcilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Warren The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVA~ OF COUNCIL MINUTES Councilman Hyde referred to the minutes of FOR MEETINGS OF MAY 17~ 22, the meeting of May 30, page 6~ pertaining 23, 30 AND 31, 1972 to the vote for the appropriation of $1000 to COMBO. The vote should reflect that Councilman Scott voted "yes." It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of May 17, 22, 23, 30 and 31, 1972, be approved, as amended~ copies having been sent to each Councilman. OATH OF OFFICE TO E. EMERSON City Clerk Fulasz administered the oath HALL, DIRECTOR OF PARKS AND of office to Mr. E. Emerson Hall. RECREATION PUBLIC HEARING (CONTINUED) City Attorney Lindberg explained that this CONSIDERATION OF OPEN hearing was continued from the meeting of SPACE DISTRICT PROCEDURAL May 23, 1972, to allow sufficient time for ORDINANCE OF 1972 all parties to review the revised ordinance. Mr. Lindberg reviewed the proposed ordi- nance stating it would provide a method of obtaining open space and park la~d dedi- cation, in addition to that required by the existing ordinances under Park Land Dedication and/or for providing the development and maintenance of open space or park land. The ordinance has been reviewed by the Builders' Contractors Association, by the various developers and by the staff; and the modifications have been set forth in the ordinance. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. This was to hear new testimony only. Public hearing closed There being no comments, either for or against, the hearing was declared closed. Council discussion The Council held a general discussion about different aspects of the ordinance, as proposed. City Attorney Lindberg emphasized the fact that this ordinance does not involve acquisition and dvelopment. It would not serve as credit against the open space requirements. ORDINANCE NO. 1400 - It was moved by Councilman Scott that ESTABLISHING OPEN SPACE this ordinance be placed on its first DISTRICT PROCEDURAL reading and that reading of the text ORDINANCE OF 1972 - by waived by unanimous consent. The FIRST READING motion carried by the following vote, to -wi t: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None PUBLIC H~ARING - DECLARING City Attorney Lindberg explained that CITY'S INTENTION TO ADOPT this hearing was set as a result of A BEVERAGE CONTAINER Resolution No. 6421 adopted by the City ORDINANCE Council on May 2, 1972. The proposed ordinance is one recormnended by the Environmental Control Commission, which relates to the problems of solid waste disposal by regulating retail stores in the distribution of carbonated beverages in glass containers. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Richard Marasso, Member ECC Mr. Marasso presented diagrams and spoke on the following problems, which the ECC felt this ordinance would take a small step to combat: (1) high consumption of energy and the impact on the environment; (2) resources needed to produce that energy; (3) economic disadvantages to the user; (4) social habits and questionable values involved. Mr. Marasso displayed a six-pack carton of a soft drink in returnable bottles for which he stated he paid 90¢ and a six-pack carton of the same beverage in cans for which he paid $1.15. Mr. Marasso quoted several statistics from various magazines as to exact British thermo units of energy consumed by the average user in purchasing returnable bottles versus that of the non-returnables. Sandy Steinmeitz Miss Steinmeitz commented that she is a 276 Second Avenue member of a group which Mr. Marasso asked to help him with the bottling ordinance. These people have been doing surveys as to the availability of returnable bottles versus non-returnables in the major stores in Chula Vista. Miss Steinmeitz noted tbe survey sheet sent out by Mr. Marasso last year~ listing the question: "If you want to a store that did not have returnables, would you go 60 miles to another County to get that?" It showed that 90 percent of the people stated they would not go out of the County to get this. Don Campbell Mr. Campbell stated that he and a small 213 Evergreen group went along Harbor Boulevard between Imperial Beach E and F Stree~picking up litter, a few Saturdays ago. No returnables were found in the alcoholic bottles; 29 non-returnables in alcoholic bottles; and 65 beverage cans. - 2 - In non-alcoholic beverages, they found 6 returnable bottles and 31 non-returnable bottles, and 47 beverage cans. John Bibbo Mr. Bibbo spoke in favor of the proposed 805 Lori Lane ordinance. He felt the public was being imposed upon by the retailers in that "you get what we sell, and we are selling some- thing that cannot be returned." Mr. Bibbo stated he wanted the freedom of choice. Albert Hooper, Chairman Mr. Hooper stated the ECC feels it would ECC be environmentally sound to pass this 324 Patricia ordinance. It gives the people of Chula Vista an opportunity to make a choice. Kathryn Moore Mrs. Moore stated her Con~nittee is endorsing 1134 Tobias Drive the ordinance. Chairman, South Bay Citizens Planning Committee John Sipula M~. Sipula questioned the st~g~cs relating to the recycling of aluminum cans. 268 Shasta Street Mayor Hamilton explained that the ordinance pertains to glass containers only. Ted Glover Mr. Glover stated he is the Executive 4612 Hillview Drive Director of the San Diego Imperial Grocers La Mesa Association representing more than 100 independent and chain store operators throughout San Diego County. They believe the proposed ordinance is over-simplistic in approach to a complex merchandising and distribution problem. The basic merchandising concept is to offer those goods the customers demand at fair prices, and to limit the inventories to those items. If the ordinance is adopted, the City should weigh the cost of imple- mentation and policing of its provisions. Mr. Richard Kau, President Mr. Kau stated that the Chamber is vitally Chamber of Cormnerce interested in ecology and in cleaning up the City. The Board of Directors approves the purpose and intent, which the Council hopes to achieve by this ordinance; however, they unanimously oppose the means by which the ordinance would be implemented, as currently drafted. They feel the penalty is too severe - the consumer should be penalized for buying the bottle and dis- posing of it improperly. Mr. Kau remarked that the Chamber would welcome the oppor- tunity to submit modifications to the ordi- nance. Jay Pugh, Co-Owner of Mr. Pugh spoke in opposition to the Garden Farms Market ordinance stating it would force the 370 E Street retailer to increase his inventories to stock items that would not sell. It would, therefore, decrease the space allocated to items that sell. Mr. Pugh summarized by raising the following questions: (1) is the ordinance needed; (2) will it solve the solid wasbeproblem; (3) can the retailers comply; (4) is it legal in all respects; (5) can it be en- forced; (6) can the cost of the ordinance be justified when the very small percentage of solid waste involved is considered. - 3 - Recess A recess was called at 8:27 p.m., and the meeting reconvened at 8:45 p.m. Dick Marasso Mr. Marasso stated that the people will do the policing of the ordinance. He agreed that the penalty was perhaps too harsh, and the effective date of the ordinance should be September 1 instead of July 1, 1972. Jim Dale Mr. Dale stated he is speaking for the 1880 Century Park East retailers. He referred to the roadside Los Angeles litter study conducted by the National Academy of Science of the Highway Research Board, which revealed that 2.9 percent of the litter was returnable bottles and 3.1 percent was non-returnables. Mr. Dale discussed Dr. Hannon's study as noted by Mr. Marasso. He (Mr. Dale) stated that the glass industry is currently conducting a study of their own, which would be com- pleted by the end of June. A study recently completed by Midwest Research Institute indicated that 164,000 jobs would be lost, not gained, if a conversion back to the returnable bottle was successfully made. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion A general discussion was held by the Council regarding all aspects of the proposed ordinance. Councilman Hobel discussed the economic impact upon the cormnunity, which this ordinance would have. Council should have this information before a fair decision could be made. Councilman Egdahl felt the burden should also be on the producer, as well as retailer and consumer. If these people could get their interests together, it would be a step in the right direction. City Manager Thomson and the City Attorney discussed the way in which the City would enforce the ordinance. Councilman Scott spoke against the penalty clause indicating it was extreme. He sug- gested an ordinance be brought back that would impose the educational requirements of posting the advantages of buying a re- turnable bottle versus the non-returnable. Mayor Hamilton declared that he does not believe that any of these retailers are against the ordinance - they are afraid that it will cost them money and they will have to "double up" on their inventory. Motion to postpone for It was moved by Councilman Hyde and seconded one month by Councilman Egdahl that the decision on this ordinance be postponed for approximately one month. During that period of time, the Environmental Control Cormmission~hould be availab~ for discussion with representatives of the retailers to discuss the proper ratio of disposable containers versus.the nOn~dis- potable container~ that they b~lieve would be a~propri~te for this ordinanoe as pre- sent%y written. This would be an amendment to the ordinance° This would be an amendment to the ordinance. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Motion for the ordinance It was moved by Councilman Scott and to be redrafted seconded by Councilman Hobel that the ordinance be redrafted - the educational aspect - and brought back to Council next week. Also, within the next 60 days, the Mayor is to meet with the people who represent the retail industry and the Environmental Control Cormnission and come back to the Council with a report for some ratio between the 50% - 50% proposed. The retailers are to give the Council an evaluation of the educational program, which would be in progress. City Attorney Lindberg stated that some type of penalty would be written into the ordinance. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None Recess A recess was called at 9:47 p.m., and the meeting reconvened at 9:58 p.m. Change of vote Councilman Hyde asked to have his vote changed to "yes" on the last motion. He stated he misunderstood the motion. PUBLIC HEARING - In a written report to the Council, 1911 BLOCK ACT, PHASE XV Director of Public Works stated he was given authorization by the Council on April 18, 1972, to commence 1911 Block Act procedures for the improvement to the alley between E Street and Davidson Street from Fourth Avenue to Glover Avenue. This work is designated as Phase XV and involves three properties having frontage upon the alley. Two of the three owners have indicated voluntary cooperative installation of tbe improve- ments. The 60-day voluntary installation period will expire on July 14, 1972, and any properties which remain unimproved on such date will be improved through a common contract let by the City. Public hearing opened This being the time and place as adver- tised, Mayor Hamilton declared the public hearing opened. Keith Atherton Mr. Atherton referred to the petition 5762 Pray Street and letter delievered to the City Clerk Bonita on June 5~ listing 100 percent protest on the Block Act. Mr. Atherton stated that the alley was the best one in Chula Vista, before the construction trucks for Central Federal Savings Bank tore it up. The City is now asking the property owners to put in a six-inch concrete alley to serve Central Federal. City Attorney Lindberg stated that 60.37% of the improvements will be installed in this alley. Under the 1911 Block Act, you cannot override this. Mr. Atherton claimed the notice stated the Block Act involved only the three parcels and had nothing to do with Central Federal or Mr. Black's other property. He submitted a 100 percent protest and these three properties cannot be brought back for one year. Letter of protest noted City Clerk Fulasz noted a letter of protest received from Keith Atharton for the property at 380-386 E Street; a petition of protest from Ernest and J. Evalee Head for property at 204 Glover Avenue; and from Sidney and Ara Belle Black for property at 216 Glover Street. Continuance for one week It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this item be continued for one week, at the request of the City Attorney. RESOLUTION NO. 6451 - Director of Public Works Cole reported AMENDING SCHEDULE II OF that a stop sign was installed on Satin- TRAFFIC CODE - SPECIAL wood Way on a trial basis approximately STOPS REQUIRED FOR seven months ago due to three bicycle SATINWOOD WAY AND accidents ocaurring at the intersection OLEANDER AVENUE of Satinwood and Oleander Avenue over a four-month period. The stop sign has apparently eliminated accidents at this intersection. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6452 - Director of Public Works Cole reported that ACCEPTANCE OF THE WORK - the contract work has been completed by the LANDSCAPED MEDIAN, 600 contractor, R. E. Hazard Contracting Company, BLOCK OF EAST J STREET in accordance with the contract agreement dated March 20, 1972. A final inspection was made on May 22, 1972. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl~ Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6453 - The one-foot control lots for Lots A ACCEPTING ONE-FOOT CONTROL through G in Rancho Rios Subdivision, LOTS IN RANCHO RIOS Unit No. 4 are required to provide for SUBDIVISION, UNIT NO. 4 the future extension of the street and to control development of adjacent property. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6454 - The one-foot control lots for Lots A ACCEPTING AND DEDICATING through I in Rancho Rios Subdivision, ONE-FOOT CONTROL LOTS IN Unit No. 3 were granted in order to pro- RANCHO RIOS SUBDIVISION, vide for the future extension of streets UNIT NO. 3 and to control development of adjacent property. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton~ Hyde Noes: None Absent: None RESOLUTION NO. 6455 - Director of Public Works Cole reported DEDICATING AND NAMING ONE- that the recent recordation of Rancho FOOT CONTROL LOTS IN RANCHO Rios, Unit No. 3 obviates the need for RIOS SUBDIVISION, UNIT NO. 1 one-foot control lots A-F in Rancho Rios, Unit No. 1. Lots A-F were accepted by Council Resolution No. 6260 on November 2, 1971; therefore, it is requested that the Council dedicate Lots A-D, and dedicate and name Lots E and F as REGENCY WAY. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6456 - In a report from the Director of Public DEDICATING AND NAMING Works, the Council was informed that the ONE-FOOT CONTROL LOTS IN recent recordation of Brandywine Subdivi- BRANDYWINE SUBDIVISION, sion, Unit No. 2 obviates the need for UNIT NO. 1 one-foot control Lot Y in Brandywine Sub- division, Unit No. 1. This lot was accepted by Council Resolution No. 6136 on July 20, 1971; and it is requested that the City Council dedicate and name Lot Y as SEQUOIA STREET. 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: - 7 - AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Ab sent: None RESOLUTION NO. 6457 - Director of Public Works Cole reported DEDICATING AND NAMING that the recent recordation of Brandywine ONE-FOOT CONTROL LOTS IN Subdivision, Unit No. 2 obviates the need PRINCESS MANOR SUBDIVISION, for one-foot control Lot F in Princess UNIT NO. 4 Manor, Unit No. 4. Lot F was accepted by Council Resolution No. 4379 on April 18, 1967. It is now requested that the Council dedicate and name Lot F as SEQUOIA STREET. 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. 6458 - The completion date of the remodeling pro- ACCEPTANCE OF THE WORK - ject in the Civic Center was complete and ALTERATIONS AND ADDITIONS utilized by the City employees on April TO CIVIC CENTER 26, 1972, with minor clean-up items, which am~now being taken care of by the con- tractor. It is recon~ended, therefore, that the City Council accept the project as of April 26~ 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, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION - APPROVING THE Director of Planning Warren explained that TENTATIVE MAP OF A SUBDIVISION this item was continued from the Council TO BE KNOWN AS CANDLEWOOD meeting of May 16, 1972, to provide an SUBDIVISION opportunity for negotiation between Mr. Shattuck and the staff concerning acquisi- tion of open space within the subdivision. The negotiations are essentially complete; however, Mr. Shattuck is requesting defer- ment of this item to the meeting of June 13, 1972, since he cannot be present tonight. Motion to defer item It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this item be continued to the meeting of June 13, 1972. RESOLUTION NO. 6459 - Director of Planning Warren submitted a SUPPORTING SB 1118~ report to the Council explaining that this REVISING THE SUBDIVISION revision vests maximum control of subdivi- MAP ACT sions in cities and counties and broadens the authority of cities and counties to regulate subdivisions to assure that land development is in accordance with local planning policy. - 8 - Mr. Warren briefly explained the substance of this Bill, adding that it will give cities and counties the authority to exercise responsible control of growth and development consistent with sound planning, to protect environment and preserve open space, and to provide for reservations of areas necessary for parks, recreational facilities and other public uses essential to expansion. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6460 - Director of Planning Warren reported that URGING TRE STATE DIVISION OF the City of Chino~ California, has pro- HIGHWAYS TO APPROVE PILOT posed a pilot project for a freeway logo PROJECT ALONG POMONA FREEWAY sign along the Pomona Freeway through their THROUGH CITY OF CHINO FOR city. The sign would inform the motorists COMMERCIAL FREEWAY ORIENTED of the facilities available at any given SIGNS WITHIN THE FREEWAY ramp (service stations, restaurants and RIGHT OF WAY lodging). 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 UNANIMOUS CONSENT ITEM: RESOLUTION NO. 6461 - The resolution, as written, opposes AB 2225 OPPOSING AB 2225 REDEFINING on the grounds that it "would hamper the THE MEANING OF COMMITTEE OR conduct of public business and prevent SUBCOMMITTEE essential studies and restrain the activi- ties o~ two-member subcommittees carrying out investigative procedures." 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, Nobel, Hamilton Noes: None Absent: None INSERT See City Manager's report at end of minutes. REPORT ON RELATIONSHIP BETWEEN In a written report to the Council, Director CITY AND SAN DIEGO COUNTY FLOOD of Public Works Cole stated that the Commis- CONTROL DISTRICT sioners of the San Diego County Flood Control District have requested an opportunity to discuss the possibilities of achieving more effective cooperation between the Dis- trict and all cities within the District's territory. Mr. Cole indicated that the commissioners desire the City to annex to the Flood Control District for flood control purposes. Mr. Cole referred to a report prepared by the Division of Engineering in September 1970 recor~nending deferment of considera- tion to the District. The report lists arguments against joining the District, such as: local control would be lost~ citizens of Chula Vista would be taxed at the going flood zone tax rate; no means of determining the amount of tax or assess- ment rate which would be made. Mr. Cole added that he would meet with the District directors and report back to Council. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORT ON MASTER TELEVISION Director of Planning Warren report on the ANTENNAS recommendation of the Environmental Control Commission endorsing the Chamber of Com- merce proposal requiring subdividers to provide cable television to each unit or a master television antenna service if cable television is not available. Mr. Warren remarked that the problem would be in forcing conversion - many residents have invested in rather expensive TV antennas. He would recommend that the City continue to require the installation of cable TV in the public right of way or utility trenches of all new construction areas and encourage residents to subscribe to the service. He would also request an opinion from the City Attorney as to re- quiring each resident to subscribe to this service and prohibiting them from utilizing a rooftop antenna. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted and the City Attorney directed to submit a report to the Council as to the legality of the re- quirement. PARK SITE - LARKHAVEN Director of Planning Warren announced that SUBDIVISION LAFCO has approved the Rienstra Annexation subject to certain modifications. American Housing Guild will be bringing in a tenta- tive map of the first unit of Larkhaven Subdivision, which reserves a 5-acre site south of Orange Avenue as a neighborhood park. Mr. Henry Rienstra stated he would hold this from escrow and sell it to the City. He would not, however, hold out any alter- nate sites from escrow. If the City wants any other site, it will have to deal directly with the American Housing Guild. Mr. Rienstra also asked that the City Attorney prepare the necessary documents to convey the 14-acre site to the City. - 10 - Motion to bring back It was moved by Mayor Hamilton and seconded documents Councilman Hyde that the City Attorney bring the proper documents to the City Council at the next meeting. City Attorney Lindberg remarked that he was waiting to see whether the legal descrip- tion, as presented, was accepted by Mr. Rienstra. Mr. Lane Cole, Director of Public Works, stated that his staff met with Mr. Rienstra, stakes were put into the property as directed by Mr. Rienstra, it was surveyed and the legal description was written. HUD Request Mayor Hamilton asked if the $35,000 fee, which American Housing would be paying for the development of this area, could be used to apply to HUD for a park site in that area. City Manager Thomson indicated this would be a legal question. City Attorney Lindberg felt it could be; however, at the LAFCO meeting, American Housing Guild stated that Site No. 4 would be available for a park for people outside the City and that they were contributing $35,000 for its im- provement. Motion to continue for It was moved by Councilman Scott, seconded one week by Councilman Hobel and unanimously carried that this item be held over for one week and the staff contact HUD and see if they would be willing to participate in the park site. LEAGUE OF CALIFORNIA CITIES - Mayor Hamilton announced that the next DINNER MEETING dinner meeting will be held on June 15, 1972, with the City of Imperial Beach as host City. The program will "Revenue Sharing and its Impact on Cities." PRECINCT SIGNS Mayor Hamilton discussed the complaints of various citizens of not being to find their polling places. He suggested some type of identification be put up to locate these places. Referred to City Clerk It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this matter be referred to the City Clerk. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the Council adjourn to Executive Session, for personnel reasons, after Written Com- munications. WRITTEN COMMUNICATIONS Letter from C.V. Post 434 Mr. Samuel M. Litteral, Post Commander, of the American Legion sent in a letter formally requesting renewal requesting renewal of current of the current lease between the City and lease with City the American Legion for a 20 year period effective February 1, 1975. - 11 - To be set for Council It was moved by Councilman Hobel, seconded Conference by Councilman Scott and unanimously carried that this matter be set for a Council Conference, after the close of the budget session. Letter from South Bay Mrs. Kathryn S. Moore, Chairman, has sent Citizens Planning Committee in a letter requesting various information requesting information on pertaining to the Park Land Dedication Park Land Dedication Ordinance Ordinance. Councilman Scott stated that Mrs. Moore has the material she requested in view of the ordinance considered tonight. Motion for no action It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this request be filed and no action taken. Letter from James M. Yamate Mr. James M. Yamate, 724 Moss Street, is requesting extsnsion of requesting extension of the deferral of deferral of certain street street improvements for property located improvements at 1002 Industrial Boulevard. He states he is still farming this property and has no plans to change in the forseeable future. Motion to continue request It was moved by Mayor Hamilton and seconded by for another year Councilman Scott that this request be approved for another year. Recormnendation to proceed Mr. Cole spoke of the deferrals granted to Mr. Yamate in the past. It would be his recommendation that Mr. Yamate put in these improvements now. As to the installa- tion of sidewalks, there is a question here; however, it was made a part of the Block Act. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that a substitute motion be made that this be referred to staff for report. Verified claim for damages - Mrs. Sauder, 50 Monte Vista Avenue, Apt. C-i, Sharleen K. Sauder has filed a cerified claim for damages in the amount of $98.94 stating that her car wind- shield was broken by a baseball during a ballgame. The car was parked at her place of residence. The incident occurred on May 21, 1972. Claim denied It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the claim be denied. Verified claim for damages - Mr. Donald R. Prescott, 904 Melrose Street, Donald R. Prescott National City, has filed a verified claim for damages in the amount of $250.00. Mr. Prescott claims his Italian greyhound was "put to sleep" by mistake by the Chula Vista Dog Pound on March 10, 1972, at 11 a.m. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the claim be denied. 12- Request for pedestrian safety Mr. Clarence Knight has filed a petition crossing at Jefferson Avenue signed by 175 residents requesting a safety and E Street crossing at Jefferson Avenue and E Street. Mr. Knight refers to his previous petition signed by 155 residents in this area. Mr. Lane Cole, Director of Public Works, indicated he would have a report to the Council next week. Continued for one week It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this item be held over for one week. Request from McAlpine Construc- Mr. Steve Atherton, Area Manager, is re- tion Company for rehearing on questing a Council r~hearing of the Tennis Courts and Auxiliary matter of the completion date for the Building, Southwestern College tennis courts and auxiliary building at Southwestern College. He asks that the architect for the project be present at this meeting. Requast from McAlpine Construc- Mr. Steve Atherton, Area Manager, is re- tion Company for payment of questing Council approval of the payment change order of $979.00 for a change order regarding the installation of a special expansion joint and footing under the tennis court slab. Mr. Atherton claims this job was not indicated on the specifications, but was agreed by the architect that the work should be done. The Construction company was under the impression that this job would be paid for as an extra to the con- tract by the City of Chula Vista. Motion to refer to staff It was moved by Councilman Hyde and seconded ~y Councilman Egdahl that these two matters be referred to staff. The Council discussed the fact that they had obtained enough information on theme matters to make a determination. Substitute motion to file Mayor Hamilton made a substitute motion moving that these letters be filed. It was seconded by Councilman Hobel and unanimously carried. Verified claim for damages - Mrs. Rebecca I. Sparby filed a verified Rebecca I. Sparby claim for damages on February 16, 1972, for an incident which she alleges occurred on January 24, 1972, at 4:15 pom. when Brett Sparby was bitten on the hand by a dog. The owner of the dog left without giving any information as to whether or not the dog had rabies shots; and, therefore, Brett Sparby did undergo the series of shots. The City Attorney did not accept the claim at the time of filing since it did not con- tain a dollar amount. Mrs. Sparby now claims that $500.00 is the amount of the damages she is seeking. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied. - 13 - EXECUTIVE SESSION The Council went into Executive Session at 10:45 p.mo, and the meeting reconvened at 10:56 pom. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 10:56 pom. to the next Budget Session to be held on Wednesday, June 7, 1972, at 1 p.m. in the Council Chamber. INSERT EXCHANGE OF GOLF COURSES City Manager Thomson reported that he received a letter from Mr. Frank Fornaca, President of the Board of Directors, San Diego Country Club, stating the Board expressed no interest in making any ex- change for the Chula Vista Municipal Golf Course. - 14 -