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HomeMy WebLinkAboutcc min 1976/12/21 MINUTES OF A REGULAR ~EETING OF TIlE CITY COUNCIL OF TtIE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 3:30 p.m. and 7:00 p.m. December 21, 1976 The regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 3:30 p.m. in the Council Conference Room, City ttall, 276 Fourth Avenue, with the following Councilmen present: Councilmen Ilyde, Cox, Egdahl, Hobel Councilmen absent: Mayor Hamilton Staff present: City ~nager Cole, City Attorney Lindberg, Assistant City Manager Asmus In the absence of Mayor llamilton, blayor Pro Tempore Hyde presided over the meeting. APPOINTMENT OF INTERIM ~YOR It was moved by Councilman Egdahl and seconded by Councilman Cox that the procedure for selecting the interim Hayor be as follows: Thc Council begin with a nominating ballot - the Clerk will be asked to call the roll of the seven candidates interviewed. Each of the Councilmen would vote "yes" (he would not vote "no") for the one person he wishes to nominate for the second ballot - which will then become the first voting ballot that would be cast. Discussion of motion Councilman Hobel questioned the right of abstaining. City Attorney Lindberg stated this is the prerogative of the Council. Councilman Egdahl explained that his motion indicates there could be 5 or 4 ballots and if on one ballot, a candi- date should get three votes, then another ballot is to be cast with the hopes of obtaining a unanimous vote. tie further added that the nominations will be only for those seven persons interviewed - no outside names to be submitted. Motion carried The motion carried unanimously by those present. Clerk calls roll The City Clerk called the names of the seven candidates: George Gillow Wes Marden Frank Scott Ernest Arnold Margaret tlelton Frederick Drew Joseph Rindone Nominating Ballot The vote on the Nominating Ballot was as follows: Wes Marden - 1 vote (Hobel) Frank Scott - 2 votes (Hyde and Egdahl) Joseph Rindone - 1 vote (Cox) City Council Meeting -2- December 21, 1976 Reasons for Each of the Councilmen listed }lis reasons for voting for nominations the candidate of his choice. In sunmnary: Councilman Egdahl cited the experience of Frank Scott; his good working relationship with the Council and the staff and being familiar with City Hall routine. Councilman Hobel commented on his displeasure in the press' story (a week previous) indicating that blr. Scott was assured of the nomination. He felt that Wes Harden would bring a non-political connotation to the position. Although ~{r. blarden does not have the experience, he has time to devote to the job and during the interview, brought up some good points. Councilman Cox related Joseph Rindone's past history as Superintendent of the School District, a broad background as an Administrator, is retired and can give full time to the position. Hayor Pro Tempore Hyde stated that he based his nomina- tion of Frank Scott on the criteria which he (ttyde) set up in the interviews; on Hr. Scott's vast experience on the Council; community interest; and his services on various committees and organizations in the City. First Voting Ballot The first ballot's results were: Wes Harden - 1 vote (Hobel) Frank Scott - 2 votes (Egdahl and Hyde) Joseph Rindone - 1 vote (Cox) Discussion Discussion followed in which each Councilman expressed his reasons for voting for the candidate of his choice. Second Voting Ballot The second ballot's results were: Frank Scott - 2 votes (Egdahl and Hyde) Joseph Rindone - 1 vote (Cox) (Councilman Hobel passed on tile second ballot) City Attorney Lindberg ruled that only two names now remain for nomination. Third Voting Ballot The third voting ballot's results were: Frank Scott - 2 votes (Egdahl and Hyde) Joseph Rindone - 1 vote (Cox) (Councilman }lobel passed on the third ballot) Discussion Discussion ensued as to the qualifications of the candi- dates. City Council ~leeting -3- December 21, 1976 Fourth Voting Ballot The results of the fourth voting ballot were: Frank Scott - 4 votes (unanimous) Appreciation to The Council expressed their appreciation to the other other candidates candidates noting their high qualifications for the office and indicating their difficulty in making this decision. Letter to candidates It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried by those present that a letter be prepared for the ~layor's signature thanking each of the candidates and expressing to them the Council's appreciation for their willingness to serve and the Council's high respect for their capacity to serve in this office. Recess A recess was called at 4:35 p.m. and the meeting recon- vened at 4:45 p.m. RECOMMENDATIONS OF Mrs. Lois Richards, Chairperson, referred to the written THE CHARTER REVIEW report submitted to the Council in which the Committee CO[~{ITTEE made the following recommendations: 1) Revise Sections 611, 801, 803-(4), 400, 401-a and 1108 of the City Charter. 2) The Charter should be reviewed completely for wording, with such updating submitted as a housekeeping change in one package on a future ballot. $) Appoint a Citizens Committee to conduct an in-depth study, hold hearings, and make presentations at public forums regarding a fulltime ~iayor position for the City. 4) Change the Municipal Election date from the second Tuesday in April to coincide with the General Law Cities or another appropriate date. (A complete copy of the recommendations is on file in the office of the City Clerk). Minority Report A minority report was presented by Member Newton Chaney in which he expressed his recommendation for Councilmanic Districts with thc Mayor being appointed from the City at Large. Member Hoysa supported this recommendation. General discussion A general discussion followed regarding the various recommendations of the Committee and ~. Newton's minority report. City Council Meeting -4- December 21, 1976 Election Date chan~e City Clerk Fulasz spoke against the change of election date from April to March (General Law Cities date) noting the difficulty in the days designated for candidates' filings and the effective date of new legislation (January 1). The City Attorney agreed adding that he would recommend September as the month for the election. Motion for approval of It was moved by Councilman Cox, seconded by Councilman a portion of the recom- Egdahl and unanimously carried by those present that a mendation resolution be prepared accepting the reconm~endations of the Charter Review Committee to amend Sections 611, 801, 803-(4), 400, 401-a and 1108; that the Council empowers the existing Charter Review Committee to continue in operation with the idea of looking to the Charter and finding any additional conflicts or areas that need to be resolved and that the Council takes no action, at this time, on the following items: 3) Appointment of a Citizens Committee to conduct in- depth study of fulltime Mayor position, and; 4) Change in the election date from April to coincide with General Law Cities or another appropriate date. Council's thanks The Council thanked the Committee for their work and recommendations. Meeting recessed The meeting recessed at 5:45 p.m. and reconvened at 7:00 p.m. in the Council Chambers. 7:00 Session - Council Chambers Councilmen present: Mayor Hamilton, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Director of Building and Housing Grady, Purchasing Agent Espinosa, Director of Parks and Recreation Hall, Assistant Building and }lousing Director Gingerich, Director of Community Development Desrochers, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Hayer Hamilton, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of December 9 and 14, 1976 be approved, copies having been sent to each Councilman. City Council ~leeting -5~ December 21, 1976 2. SPECIAL ORDERS OF THE DAY a. Presentation of Service Mayor Hamilton presented Captain Johnston with a 20-year Award Pin to Captain service pin thanking him for his services to the City. William ~{. Johnston, Fire Department b. RESOLUTION - Continued to the close oF the meeting. Co~qENDING ~YOR THO~.~S D. HAMILTON, JR. FOR HIS SERVICES TO THE CITY ORAL CO~MUNICATIONS Acknowledgement of The b{ayor welcomed ~. and ~Irs. Charles Pattullo and people in audience bR. and ~s. Emil Hobel. Kay Erwin City Clerk Fulasz read the letter submitted by blrs. Kay 267 Church Street Erwin in which she (Erwin) requested that the two card Chula Vista rooms in the City (Chub's Club~ 275 Third Avenue and Village Club, 429 Broadway) be allowed to remain in operation. City ~lanager Cole noted that the provisions of the ordinance stipulate that the card rooms were to go out of business on December 31, 1977. Motion for new It was moved by Councilman Cox and seconded by Councilman ordinance Hobel that this be directed to staff, with appropriate comments to the Police Department, to draw up a new ordinance to provide the appropriate regulations for operation of card rooms in Chula Vista. Substitute Motion It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that this matter be referred to staff to research the background of the existing ordinance and to see whether or not the circumstances have changed sufficiently to merit revision of it. This report is due within 30 days. Stella 5~. Barlow ~s. Barlow indicated the Girls' Club interest in applying  78 East Emerson for Community Block Grant funds, Mayor Hamilton informed Chula Vista her to submit her application to the Director of Community Development prior to January 4, 1977. PUBLIC HEARING AND RELATED RESOLUTION 3. PUBLIC HEARING - By Resolution No. 8423 on November 23, 1976, the City CONSIDERATION OF ESTAB- Council ordered a public hearing to be held on this date LIS}tING UNDERGROUND to determine whether public necessity, health, safety or UTILITY DISTRICT ON "F" welfare required the formation of an underground utility STREET FROM FOURTH AVENUE district on "F" Street between Fourth Avenue and Church TO CHURCH AVENUE Avenues. City Council ~leeting -6- December 21, 1976 In a written report to Council, Director of Public Works Robens explained that formation of the district will require the owners of properties within the district to convert their electrical service to receive under- ground facilities on a date to be set in the future. The cost of this conversion will be borne by the property owner. ~lr. Robens added that the cost of the project is $368,000. The City can borrow up to $200,000 from future apportion- ments if an undergrounding project is precedent or con- current with a street widening project. 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. a. RESOLUTION NO. 8447 - Offered by Councilman Egdahl, the reading of the text ESTABLISHING AN UNDER- was waived by unanimous consent, passed and adopted by GROUND UTILITY DIS- the following vote, to-wit: TRICT ON "F" STREET FROM FOUR~{ AVENUE TO CHURCH AVENUE AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted with the exception of item 5 (Street vacation of portion of Industrial between "K" & "L" Streets). 4. RESOLUTION NO. 8448 - Foodmaker, Incorporated requested the vacation of a ELECTING TO PROCEED UNDER portion of the public right-of-way at the northeast ~{E PROVISIONS OF THE STREET corner of Bonita Road and Willow Street which is adjacent VACATION ACT OF 1941, to their new site for a Jack-in-the-Box fast food DECLARING THE INTENTION restaurant. OF THE CITY COUNCIL TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY AT THE NORTH- Director of Public Works Rohens referred to his written EAST CORNER OF BONITA ROAD report to Council indicating his concurrence with the AND WILLOW AND FIXING A recommended approval of the Planning Commission. He TIME AND PLACE FOR HEARING requested that the date of January 11, 1977 be set to  THEREON conduct the public hearing. 6. RESOLUTION NO. 8449 - In a written report to Council, Director of Public Works APPROVING AGREEMENT BETWEEN Robens stated that Section 203 of the Federal Highway THE CITY OF CMULA VISTA AND Safety Act of 1976 provides for an improvement program THE STATE OF CALIFORNIA FOR to bring signing and pavement marking at Rail-Highway RAILROAD PROTECTION ADVANCE crossings on the Federal-Aid System in compliance with WARNING SIGNS the Manual of Uniform Traffic Control Devices and California Vehicle Code. City Council Meeting -7- December 21, 1976 The resolution approving the agreement provides that the City will install the signing with City forces at ten locations in the City at a cost of $980. 7. RESOLUTION NO. 8450 - On September 9, 1976 the City Council adopted Resolution AMENDING RESOLUTION NO. No. 8302 -- Conflict of Interest Code and also adopted 8302 WHEREBY THE CITY by reference was the provisions of Proposition 9. City COUNCIL ADOPTED A CON- Attorney Lindberg reported that the materials in the FLICT ON INTEREST CODE Code following Sections 1 through 6 (which adopt APPLICABLE TO MEMBERS Proposition 9 by reference) constitute surplusage and OF THE COUNCIL are not needed to fulfill any legal requirement. (End of Consent Calendar) 5. RESOLUTION Mr. Gerald M. Baker of Baker Industries submitted a ELECTING TO PROCEED UNDER request to vacate Industrial Boulevard between "K" and THE PROVISIONS OF THE "L" Streets. STREET VACATION ACT OF 1941 DECLARING THE INTEN- TION OF THE CITY COUNCIL Director of Public Works Robens submitted a written TO VACATE A PORTION OF report to Council in which he concurred with the recom- INDUSTRIAL BOULEVARD mendation of the Planning ~ommission for approval of the BETWEEN "K" AND "L" requested vacation. He asked that the date of the public STREETS AND FIXING A hearing be set for January 11, 1977. TIME AND PLACE FOR HEARING THEREON Motion for continuance It was moved by Councilman Egdahl and seconded by Councilman Hyde that this item be continued to the next meeting (January 4, 1977). Discussion of motion Councilman Egdahl explained that his motion is based on 1) the party interested in the property is presently using the property; 2) there is a clouded title which may mean that there is a possibility that the City has an interest or ownership in the property - if this is so, rather than giving it away, the City should protect the taxpayers' interest and sell the property; 3) the Planning Commission will be studying the zoning o£ this entire area; 4) the entrance from the Freeway onto "L" Street is unsightly and perhaps some fencing should be done in thc area to provide a more aesthetically pleasing appearance. Director of Public Hr. Robens explained that the title company has looked Works' comments into this matter and is unwilling to make a commitment as to who owns the underlying fee. Unless the City is willing to finance an in-depth search, the staff will not know anything different than presented in their report tonight. It is the reconunendation of staff to vacate the property and if the owner finds that the City owns the underlying fee, then the City has the legal claim to one-half of the roadway (40 foot section). City Attorney's City Attorney Lindberg recommended the continuance adding opinion that the City is obligated under the Street Vacation Act to properly appraise the value of the property, if in fact City Council Meeting -8- December 21, 1976 the City has an interest in it, and the adjacent property owner would have to pay for the street right-of-way. Motion carried The motion for continuance to the meeting of January 4 carried unanimously. 8. RESOLUTION NO. 8451 - Director of Public Works submitted a written report in APPROVING AGREEMENT BETWEEN which he explained the terms of original agreement dated TIlE CITY AND SPRING VALLEY March 1, 1961 with the City of San Diego. In 1962, the SANITATION DISTRICT TRANS- Spring Valley Sanitation District and Chula Vista entered FERRING METRO CAPACITY into an agreement which formally recognized the relation- RESERVATION TO SPRING ship between this City's capacity reservation and the VALLEY SANITATION DISTRICT "sphere of influence"area for which the capacity was to be used. In exchange for such recognition, Chula Vista agreed to sell capacity rights to the District. During the life of the agreement, the District has obtained sewage capacity through a number of "lease" agreements and presently utilizes in excess of 800,000 gallons per day of the City's capacity reservation. This requires complex record-keeping; therefore, the proposed agreement has been made which will cancel the earlier lease agreements through an outright sale ($40,000) of capacity rights of 1,000,000 gallons per day. Council discussion In answer to Council's questions, Hr. William Harshman, Senior Civil Engineer, explained the terms of the present agreement with the Spring Valley Sanitation District and the calculations for payment: direct costs to the City plus 10% - no interests were included. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, tlyde, Cox, Hamilton, Egdahl Noes: None Absent: None 9. RESOLUTION NO. 8452 - The following bids were received on December 1, 1976: ACCEPTING BIDS AND AWARDING BIDDER 'ITEM ] ITEM 2 ITEM 3 ITEM 4 CONTRACT FOR AUTOMOTIVE : EQUIPMENT Balboa Datsun i No Bid $ 3,588.00 3,512.00 No Bid  National,City Carl Burger Dodge $ 5,375.00 No Bid No Bid 4,000.00 la Mesa Center City Ford No Bid 3,392.00 9,206.00 3,910.00 San Diego Colonial Ford $ 8,522.00 3,38g.00 3,338.00 3,918.00 National City Fuller Ford NO Bid 3,404.09 3,354.09 3,841.97 Chula Vista Lamb Chevrolet 5,164.87 3,329.80 No Bid 3,899.99 National City McCune Motor No Bid No Bid No Bid 3,910.70 National City City Council Meeting -9- December 21, 1976 DESCRIPTION One (1) cargo van truck One Ii! compact pick up truck One compact cab & chassis One 4 door compact sedan It was recommended that the bids be accepted and the contracts awarded to Lamb Chevrolet for items 1 and 2; Center City Ford for item 3; Fuller Ford for item 4. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Namilton, Egdahl Noes: None Absent: None 10. RESOLUTION NO. 8453 - City Attorney Lindberg explained that in February 1974, APPROVING AGREEMENT the City Council entered into an agreement with Dunphy BETWEEN THE CITY OF Construction Company for a consolidation of certain lots CftULA VISTA AND DUNPHY of record to provide larger industrial sites in the CONSTRUCTION COMPANY Sweetwater Industrial Park. TO PROVIDE FOR AN AMENDMENT TO THE ORI- GINAL AGREEMENT TO Hr. Dunphy has informed the City that the market demand DELETE THEREFROM is for smaller lots for individual industrial plant PARCEL 3 AS A SINGLE development and requested authorization to sell the PARCEL individual lots of record. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen ttobel, t~de, Cox, ttamilton, Egdahl Noes: None Absent: None 11. ORDINANCE NO. 1720 - Section 210-8(b) of the National Electrical Code, 1975 AMENDING SECTION 15.24.015 Edition, requires ground fault current interrupters on OF CHAPTER 1S.24 OF ~tE construction sites. Because of nuisance tripping, CHHLA VISTA ~NICIPAL CODE O.S.H.A. established a moratorium on requiring ground RELATING TO THE ADOPTION fault interrupters until January 1, 1977 and have now OF TilE NATIONAL ELECTRICAL further extended this requirement to January 1, 1978. CODE, 1975 EDITION The proposed amendment to the ordinance is worded to become effective when 0.$.H.A. removes the enforcement moratorium. Ordinance placed It was moved by Councilman Cox that this ordinance be on first reading placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None City Council Heeting -10- December 21, 1976 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 12. ORDINANCE NO. 1718 - On December 14, 1976 the Council placed on first AMENDING ZONING MAPS reading the zone change approval for subject property ESTABLISltED BY SECTION from R~I to R-3-P-17 for a four acre parcel plus an 19.18.010 OF THE CHULA adjacent 3.45 acre parcel located between the applicant's VISTA CODE REZONING property and East Orange Avenue. THAT CERTAIN PROPERTY LOCATED NORTH OF EAST ORANGE AVENUE WEST OF ~LROSE FROM R-1 TO R-3-P-17 AND CERTIFYING THE ENVIRON~,~NTAL IHPACT REPORT - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Egdahl that this ordinance be second reading and placed on its second reading and adopted and that reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None 13. ORDINANCE NO. 1719 - At the meeting of December 14, 1976 the City Council AMENDING SECTION 2.0S.010 placed the following positions in the Unclassified Service: OF THE CHULA VISTA MUNI- Assistant Fire Chief, Assistant Director of Public Works, CIPAL CODE BY PLACING Assistant Director of Planning and Assistant to City CERTAIN b~NAGEMENT LEVEL ~lanager. EMPLOYEE POSITIONS IN THE UNCLASSIFIED SERVICE - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Egdahl that this ordinance be second reading and placed on its second reading and adopted and that reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl~ Hobel, Hyde~ Cox, Hamilton Noes: None Absent: None REPORT OF THE CITY MANAGER 14. REPORT oN THE CHULA VISTA City ~anager Cole presented the Council with a detailed BICENTENNIAL C0~ITTEE report concerning the activities of the Bicentennial Committee during the past year and one half. He recom- mended that Certificates of Appreciation be presented to the Committee members and various community organizations at the Council meeting of January 11, 1977. Mr. Cole also requested Council permission to prepare an article for publication in WESTERN CITIES magazine on behalf of the bicentennial programs. City Council ~eeting -11- December 21, 1976 City Clerk Fulasz asked that presentations be made at the meeting of January 18, 1977 due to the full agenda for the llth. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted. ~tion for resolution It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that an appropriate reso- lution be prepared commending and thanking the Bicentennial Committee for their exceptional service to the City over this long period. The presentation and resolution to be scheduled for the meeting of January 18, 1977. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. Report on the formation of Director of Public Works Robens submitted a report an improvement act district stating that a Mr. C. H. Unger presented a petition for the improvement of an containing the signatures of 39% of the property owners alley between Second and for the alley improvement. Hr. Robens discussed the Elm Avenues, south of "J" 1911 Assessment District Act and the Debt Limit Act Street and north of Kearney requirements, tlc contended that since only 39% of the signatures were obtained, there was likelihood of a majority protest by the rest of the property owners. It was his recommendation that the City Council not accept the petition at this time and not to proceed with the 1911 Act Improvement District. Report accepted It was moved by Councilman Cox, seconded by Councilman Egdahl and unanimously carried that the report be accepted. Report requested Hayor Hamilton asked for a report of the history of these alleys. The people living in this area are under the assumption that they dedicated this alley-way to the City and the City was to maintain it and keep it up. The Hayor asked if this would be a suitable project under the Community Block Act. Director of Public Works Robens remarked that the staff is preparing such a report and it will be presented to the Council in January. In the Block Grant, one of the items to be considered is the paving of many of the alleys in the City. 16. REPORT ON BOYS' CLUB Director of Parks and Recreation }{all reported that for SITE ACQUISITION the past 17 years the Boys' Club has been located on the corner of Fifth Avenue and "I" Street - which lease ex- pires on December 51, 1980. In response to Council's direction for staff to assist the Club in finding a suitable site, Mr. Hall indicated that two sites are preferred by the executive staff of the Boys' Club: 1) Greg Rogers Community Park at 1t01 Oleander City Council Meeting -12- December 21, 1976 Avenue and 2) a parcel of land now being considered for acquisition as a neighborhood park in the Tobias/Quintard area. Mr. Hall recommended the site at Greg Rogers Park and asked for authorization to negotiate a land lease and joint powers agreement. record, a petition was signed by 19 Petition noted For the received boys of the present Club at Fifth and "I" Street urging the Council to keep this location. Report accepted It was moved by Councilman Hobel and seconded by Councilman Cox that the staff's recommendation be accepted. Suggested amendment Mayor Hamilton asked that the motion be amended to include having the City give some consideration for plans for joint usage of the facility as a provision in the negotiating process (Girls' Club can use it, etc). Amendment accepted Councilman Hobel accepted the suggested amendment to the and motion carried motion; Councilman Cox agreed to the second and the motion as amended carried unanimously. 17. REPORT ON ACQUISITION OF Assistant City Attorney Beam submitted a written report PROPERTY ON NOR~t SIDE OF to the Council in M~ich he explained that subdivision TELEGRAPH CANYON ROAD maps and documents have effectively designated the location of Telegraph Canyon Road in its realigned state. Two landowners, Mr. Olin Lee, Sr. and Olin Lee~ Jr. are proceeding with plans to construct two single family residences on land east of the off-site improvements, north of Telegraph Canyon Road. ~is is in conflict with the right-of way for Telegraph Canyon Road. It was the Attorney's opinion that the City acquire the Lee's property for the portions of the proposed realign- ment and improvement of Telegraph Canyon Road. An appraiser has been hired and a further report will be coming to Council. Report accepted It was moved by Councilman Cox, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORTS AND RECO~qENDATIONS OF CITY BOARDS, COb~ISSIONS AND COmmITTEES 18. REPORT ON CONSIDEP~TION OF Director of Planning Peterson submitted the report of R-3-P-20 ZONING ON 3½ ACRES the Planning Commission in which they reviewed Council's ON THE WEST SIDE OF EDGE- action of November 16~ 1976 changing the designation of MERE AVENUE APPROXIMATELY the subject property from "Research and Limited Industrial" OPPOSITE THE KOA CP~{PGROUND to "High Density Residential." City Council ~4eeting -13- December 21~ 1976 On November 22, 1976 the Planning Commission reaffirmed their previous recommendation for I-L-P zoning. The Commission further recommended that the Council estab- lish development guidelines in the event it desires to retain residential zoning on this site. The staff concurred with this recommendation and added that if the Council desired to retain some form of R-3 zoning, that R-3-P-23 zoning be considered along with the development guidelines suggested in their report. Motion to accept It was moved by Councilman Egdahl and seconded by Councilman Planning Commission Hyde that the Planning Commission's recommendation be recommendation accepted (I-L-P zoning). Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Ilyde NOES: Councilmen Cox, Hamilton, Hobel Absent: None Motion for It was moved by Councilman ttyde and seconded by Councilman R-3-P-20 Cox that an ordinance be brought back sustaining the zoning action of the City Council of November 16, 1976 which was to zone the property R-3-P-20. Discussion of motion Discussion followed in which the City Attorney explained the procedure: On November 16, the City Council directed that the matter be referred back to Planning Commission for report on the determination that the zoning should be R-3-P-20. The Planning Commission reported back that they reaffirm their initial recommendation of I-L-P. The Council has rejected that report and is now free to move forward with the adoption of an ordinance at the next meeting for R-3-P-20. This is the only measure on which the Council can take action at this time. If the Council desires to change this zoning, it must readver- tise for another public hearing. Director of Planning Peterson explained the staff's recommendation for R-3-P-23 zoning and the applicant's request for R-3-P-24. Council discussion ensued as to the site layout, setback requirements and number of units proposed by the appli- cant. City Council Meeting -14- December 21, 1976 Developer's request In answer to the Mayor's question, the developer, Hr. V. Holt requested another public hearing rather than accepting the R-3-P-20 zoning. Scheduled for It was moved by ~ayor Hamilton and seconded by Councilman January 18 Cox that a new public hearing be scheduled for January 18, 1976 for reconsideration of the zoning. Previous motion Councilman Hyde withdrew his motion for R-3-P-20 zoning; withdrawn Councilman Cox withdrew his second. Substitute motion It was moved by Councilman Hyde that the staff be directed to prepare an ordinance zoning this property R-3-P-20 as was previously determined by the Council at its meeting of November 16. No second to motion The motion died for lack of second. Original motion carried The motion to call a public hearing on January 18 carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hobel, Hyde, Cox Noes: Councilman Egdahl Absent: None 19. REPORT AND RECOP~qENDATION See page 3 of the minutes. OF THE CHARTER REVIEW COMMITTEE AND }IlNORITY REPORT 20. SUBHISSION OF NAMES OF The Human Relations Commission submitted a report noting THE MEMBERS OF THE AD HOC that the following members will serve on this Committee: CO~4ITTEE ON HUMAN CARE SERVICES Margaret Helton, Chairman Pro Tempore ~lary Taylor, ~{ember Tomas Almaraz, Member The Commission listed 15 organizations from which they will seek representation to serve on this Committee. City ~4anager Cole suggested the Committee be limited to nine (9) members to facilitate discussion and decision making. Report accepted It was moved by Mayor Hamilton, seconded by Councilman Cox and unanimously carried that the staff's recommenda- tion be accepted (nine members). Councilman Egdahl suggested the guidelines for accepting representation from the organizations listed - that per- haps out of the 15 listed, six could be chosen and the other nine could serve as alternates. City Council Meeting -15- December 21, 1976 ~YOR'S REPORT At the request of the Mayor, Councilman Hyde read the ~tayor's Farewell Speech to the Council, staff and citizens of Chula Vista in which the Mayor stated that although he will be assuming a higher office with greater responsibility (Supervisor First District), "this is where my heart is." The Mayor then turned the gavel over to Mayor Pro Tempore tlyde. 2b. RESOLUTION NO. 8454 - Offered and read by Mayor Pro Tempore Hyde, the text CO~ENDING MAYOR HAMILTON was passed and adopted by the following vote, to-wit: FOR HIS SERVICES TO THE CITY AND WISHING HIM WELL IN IllS NEW ELECTIVE POSITION AYES: [layer Pro Tempore }tyde, Councilmen Cox, OF SUPERVISOR, FIRST DISTRICT Egdahl, ltobel Noes: None Absent: None Abstain: Mayor Hamilton Gifts to the Mayor On behalf of the City, Hayer Pro Tempore Hyde presented the Mayor with the Key to the City, an engraved plaque noting the dates of his elective offices, and an attache On behalf of the City Council, Mayor Pro Tempore Myde presented the Mayor with an engraved desk set. Interim Mayor Mayor Pro Tempore Hyde announced that the Council ap- pointed Mr. Scott the Interim ~]ayor which will be effective January 3, 1977. COUNCIL CObffiENTS Each of the Councilmen extended the citizens holiday greetings and best wishes in the New Year. 21. WRITTEN CO}{MUNICATIONS a. Request to schedule The San Diego Junior Golf Association requested permis- annual Junior Golf sion to schedule their annual Junior Golf Championship Championship at the Chula Vista Municipal Golf Course. City Manager Cole noted that under Council Policy, the Director of Parks and Recreation has the authority to approve this event based upon time available at the Golf Course. Request granted It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried that the request be approved based upon the staff's report. b. Verified claim for The claimants have alleged that the City Planning and damages - Reginald Fire Departments allowed them to purchase a building and Roberta Hiller for purposes of fiberglass manufacturing and then re- 442 "F" Street scinded permission advising them that their activities Apartment B-24 constituted serious code violations. The amount of the Chula Vista claim is $38,000. City Council Meeting -16- December 21, 1976 The City Attorney ruled that the City has no liability in this matter. Claim denied It was moved by Councilman Hobel, seconded by Councilman Cox and unanimously carried that the claim be denied and referred to staff for processing. INVITATION TO Mayor Pro Tempore Hyde invited the people in the audience MAYOR'S RECEPTION to the ~ayor's Reception in the foyer. ADJOURNMENT ~ayor Pro Tempore Hyde adjourned the meeting at 8:32 p.m. The next meeting will be held on January 4, 1977 at 7:00 p.m. City Clerk~