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HomeMy WebLinkAboutcc min 1976/08/31 MINUTES OF A REGULAR b~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 31, 1976 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg, Director of Planning Peterson, Director of Public Works Robens, Citizens Assistance Officer Smith The Mayor called the meeting to order at 7:00 p.m. with the pledge of allegiance to the Flag followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of August 24 and 25, 1976 be approved, copies having been sent to each Councilman. ORAL CON~RONICATIONS Bill Moe ~r. Moe said he is here tonight to address the 9S4 Hilltop Drive Council concerning the vicious dog ordinance. Chula Vista The Mayor informed Mr. Moe that he would be given the opportunity to talk when that item is considered by the Council. Ruth Chapman Mrs. Chapman made reference to the term "obnoxious" 8 Sierra Way adult education school {on "F" Street adjacent to Chula Vista the new Library facility) as it appeared in a June newspaper article. She noted that the District is building another facility and cited facts and figures substantiating the importance of the school in the job market. Carolyn Butler Mrs. Butler said she delivered a copy of a letter 97 Bishop Street she received today from Delbert L. Walden, Principal Chula Vista of Castle Park Junior High School, and asked if it was going to be read into the record. City Attorney Lindberg stated that the letter should be made a part of the record at the time the Council considers acquisition of the property in the Quintard-Tobias area for park purposes. PUBLIC HEARINGS AND RELATED RESOLUTIONS 2. a. PUBLIC HEARING - In order to implement the Political Reform Act CONSIDERATION OF ADOPTION OF of 1974 of the Government Code, the Fair Political CONFLICT OF INTEREST CODE AP- Practices Commission has directed that all of the PLICABLE TO MEMBERS OF THE City Councils adopt a Conflict of Interest Code CITY COUNCIL for themselves and certain other designated employees. This particular Code applies to the City Council initially. City Attorney Lindberg explained that the Council hereafter would designate those other municipal officers and employees to whom the Code would also apply, and such Code would become effective in January of 1977. City Council Meeting -2- August 31, 1976 Attorney Lindberg then discussed the provisions of the proposed Code noting the definitions of the terms, the statements of economic interest, and time periods for filing the statements. Public hearing opened This being the time and place as advertised, ~2yor Hamilton opened the public hearing. Council discussion Discussion was held concerning the provisions of the ordinance and terms defined therein. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. 2. b. RESOLUTION NO. 8302 - Offered by Councilman Hyde, the reading of ADOPTING A CONFLICT OF the text was waived by unanimous consent, INTEREST CODE APPLICABLE passed and adopted by the following vote, TO MEMBERS OF THE CITY to-wit: COUNCIL PURSUANT TO THEIR POLITICAL REFORM ACT OF AYES: Councilmen Hyde, Cox~ Hamilton, 1974 Egdahl, Hobel Noes: None Absent: None 3. a. PUBLIC HEARING - In a written report to the Council, Director CONSIDERATION OF PRECISE of Planning Peterson explained that the 23~ PLAN FOR EL RANCHO DEL acre site was zoned P-C (Planned Community) in REY UNIT #4 1970 and was included in the P. U. D. Area "A" which encompassed approximately 300 acres west of Southwestern College. The construction of this 23 acre parcel consisted of 60 cluster housing units and 280 apartments. The developer has now submitted a Precise Plan and Development Standards proposing to subdivide the property into 83 single-family detached home sites. The Council has received the Environmental Impact Report EIR-76-3 as certified by the Planning Commission on July 26, 1976o Mr. Peterson submitted a plat of the area in question noting the site characteristics, lot sizes and frontages, development standards, fencing, floor plans and the general layout of the proposed development. Park credit On August 9, 1976 the Planning Commission recommended approval of the plan. The staff concurred with the stipulation that approval is contingent upon the use of the applicant's "park credit" as a compensating factor for the reduced lot size proposed in the development. ~tr. Peterson explained that the major issue was the standards proposed by the applicant. The developer has departed from the standards as applied to the R-1 regulations. The lot widths were reduced and the developer has proposed standards relating to the pad size for single-family homes: pad size of 5,000 square feet minimum with S0 feet of frontage and 90 feet of depth. Also proposed is that the rear yards be reduced from 20 feet to 15 feet. The staff felt this was unacceptable and the developer has now revised the plan and will use the 15 foot rear yard only in cases where a 15 foot side yard is proposed. City Council Meeting -3- August 31, 1976 Mr. Peterson emphasized that the property is zoned P-C and the R-1 standards do not apply to this development; however, it makes sense to measure the plan in terms of what the R-1 District requirements would be. Park credit In answer to Council's query, ~.lr. Peterson declared that since the lots do not meet the accepted standards, there should be a "trade- off" which the developer should offer for approval of these substandard lots. Formula for park credit Mr. Peterson noted that if the lots adhered to the standards of the R-1 zone, the developer would have 10 fewer lots. Using this figure (10 additional lots) plus the knowledge that the average lot size in an R-1 zone is 6,600 square feet, is the rationale that an additional 66,000 square feet of open space should be provided - either in the tract or nearby. By virtue of the dedication and improvement of the Del Rey park area, the developer has a park land credit of 50,000 square feet. The staff, therefore, feels it would be a good trade-off to do away with the park credit that now exists. Council discussion Discussion followed regarding the substandard lots, the park credit, housing element, open space factors and Planning Commission recom- mendation. Attorney's opinion Attorney Lindberg remarked that the problem is engendered by the fact that the P-C zone is not being adhered to in this development; however, it is far less than the density under the P-C zone. The Planning staff and Com- mission have determined that the standards of the R-1 zone should apply because of the character of the housing being developed. Mr. Lindberg stated that either one of the standards should not necessarily be applied. tlc reiterated that the P-C zone is not an accurate reflection of the market place, the property owners or the Council for this area and it should be updated and changed. Legally, blt. Lindberg added, he finds it very hard to accept the judgment that this lo7 acres of credit is to be exhausted automatically in this case without better justification than that offered (by the Planning Director). Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Carmen Pasquale Mr. Pasquale said he has no objection placed E1 Rancho del Rey upon the development by reason of the precise plan of the tentative map except for the equitable distribution of the fees. He discussed the money advanced by his company for the Del Rey park and the credit established thereby (1.7 acres). He indicated that the City is trying to come up with a formula now to wipe out this figure. Roger Snipes, P.E. r, lr. Snipes discussed the dedication of the canyon Snipes & Salerno open space and the trade-offs made in the plan. He 4007 Camino del Rio South submitted a fact sheet to the Council in which he Suite 207, San Diego determined that the average lot size in this proposed development excluding the slopes and canyons would be 7,027 square feet. City Council Meeting -4- August $1, 1D76 James F. Ashbaugh Mr. Ashbaugh said he was a Planner with this Vice President company and was responsible for preparing CEP Associated the development standards for this subdivision. 5555 Magnatron Blvd., Suite D He discussed the criteria arrived at to come San Diego, CA 92111 up with the standards which he said could be a part of the P-C zone in any future develop- ments. Council discussion Discussion ensued concerning the average family's house size and yard area, the density being provided in this subdivision, the P-C zone as it now exists, conformance of this proposed subdivision in terms of the P-C zone, the park land credit, and in-lieu fees. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Planning Commission action In answer to Councilman Hobel's question, Mr. Peterson stated that the Planning Commission was not definitive in their action concerning the park credit. It was the staff's inter- pretation that the Planning Commission adopted its recommendations. 3. b. RESOLUTION - Offered by Councilman Egdahl with the condition APPROVING PRECISE PLAN as indicated by the staff (approval of the FOR EL RANCHO DEL REY Precise Plan and tentative map is contingent UNIT #4 upon the use of the applicant's "park credit" as a compensating factor for the reduced lot size proposed in this development). Offer of Resolution The offer of the Resolution with the staff fails recommendation failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hyde NOES: Councilmen Cox, Hamilton, Hobel Absent: None 3. b. RESOLUTION NO. 8303 - Offered by ~yor Hamilton with the provision APPROVING PRECISE PI~N that the entire park credit as a compensating FOR EL RANCHO DEL REY factor be deleted, and using the verbage that UNIT #4 the park land dedication as required or in-lieu fees be applied to the project. Discussion of motion Mayor Hamilton declared that his motion contains the amount of park land generated by the 83 units - 26,725 square feet. Councilman Hyde noted the term used in the motion "either-or" and felt this option should be deleted and that the land be required (not the in-lieu fees). Motion amended to Mayor Hamilton amended his motion to state offer resolution he is offering the resolution as recommended by the Planning Commission - with the require- ment that the park land dedication will be 26,725 square feet. Resolution carried The reading of the text was waived by unanimous congent and the resolution was pag~ed and adopted by the following vote, to-wit: AYES: ~ayor Hamilton, Councilmen Hobel, Hyde, Cox Noes: Councilman Egdahl Absent: None City Council Meeting -5- August 31, 1976 Recess A recess was called at 8:52 p.m. and the meeting reconvened at 9:13 p.m. 4. a. PUBLIC HEARING - The tentative map was submitted by the Director CONSIDERATION OF TENTATIVE of Planning in which he noted that the applicant SUBDIVISION MAP FOR EL proposes to subdivide 23¼ acres of property RANCHO DEL REY UNIT #4 located north of Telegraph Canyon Road, east of Buena Vista Drive, into 83 single-family resi- dential lots. Director Peterson discussed the Open Space Maintenance District, landscaping, street names, and park fees for the proposed sub- division. On August 9, 1976 the Planning Commission recommended to the Council approval of the tentative map in accordance with their reso- Iution~ Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Carmen Pasquale Mr. Pasquale stated that they concur with the E1 Rancho del Rey conditions of the tentative map. Public hearing closed There being no further comments, either for or against, the hearing was declared closed° 4. b. RESOLUTION NO. 8304 - Offered by Councilman Hobel, the reading of APPROVING TENTATIVE the text was waived by unanimous consent, SUBDIVISION MAP FOR passed and adopted by the following vote, EL RANCHO DEL REY to-wit: UNIT #4 AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None The resolution notes that the Council does certify that EIR-76-3 for E1 Rancho del Rey Unit #4 has been completed in accordance with CEQ^ 1970, as amended, and that the Council has considered the EIR information in making its decision. RESOLUTIONS AND ORDINANCES, FIRST READING 5. RESOLUTION NO. 8305 - The following bids were received on August ACCEPTING BIDS AND AWARDING 20, 1976 for 1,S00 tons of asphaltic concrete CONTRACT FOR ASPHALTIC to be picked up at the vendor's plant by CONCRETE FOR THE PERIOD City trucks: SEPTEMBER 1, 1976 THROUGH TOTAL PRICE FEBRUARY 28, 1977 BIDDER INCLUDING TAX Industrial Asphalt $15,370~00 Sim J. Harris Co. 15,814.67 Griffith Co. 17,018.30 V. R. Dennis Construction 17,092.50 Purchasing Agent Espinosa recommended the bid of Sim J. Harris Company noting that although it is $420 higher than Industrial Asphalt's bid, it was more economical to pick up the material at the Sim J. Harris plant. City Council Meeting -6- August 31, 1976 Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None 6. RESOLUTION NO. 8306 - The Director of Public Works submitted the APPROVING FIRST AMENDED new routes and schedules which are to start AGREEMENT BETWEEN THE CITY on September 12, 1976. The two new routes OF CHULA VISTA AND THE COUNTY are S and 5. Changes in Route 3 take in OF SAN DIEGO TO MAKE PAYMENT about one mile of the unincorporated County FOR BUS SERVICE PROVIDED BY area. The County will make its payment to CHULA VISTA BUS LINES IN the City through the medium of the City's COUNTY AREA LTF claim for FY 1976-77 which will amount to $13,980 of the County's LTF apportionment. 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, Hamilton, Egdahl Noes: None Absent: None 7. RESOLUTION NO. 8307 - One of the conditions for the approval of the APPROVING AGREEMENT BETV~EN tentative parcel map No. 20-75 is for the sub- THE CITY OF CHULA VISTA AND divider to construct the public improvements ALFRED AND THEL~iA BURCHETT on "D" Street and Corte Maria Avenue prior to FOR THE COMPLETION OF IM- the recordation of the final parcel map. Mr. PROVEMENTS FOR TENTATIVE and Mrs, Burchett have executed this subdivision PARCEL MAP 20-75 agreement. 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 Nobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 8. RESOLUTION NOo 8308 - One of the conditions for the approval of the APPROVING AGREEmeNT BETWEEN THE tentative parcel map No. 13-75 is for the sub- CITY OF CHULA VISTA AND HENRY divider to construct the public improvements AND MARGARET ALGERT FOR THE on Hilltop Drive, north of "D" Street prior to COMPLETION OF IMPROVEMENTS FOR the recordation of the final parcel map. ~. TENTATIVE PARCEL MAP 13-75 and B~s. Henry Algert, owners and subdividers, have executed the subdivision agreement. 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, Hamilton, Egdahl Noes: None Absent: None City Council ~eeting -7- August 31~ 1976 9. ORDINANCE NO. 1706 - City Attorney Lindberg presented the proposed AMENDING CHAPTER 6.24 OF THE ordinance explaining that it contained a very CHULA VISTA MUNICIPAL CODE limited prohibition of vicious dogs. As a BY AMENDING SECTIONS 6.24.010 result of a most vicious dog attacking on THROUGH 6.24.060 AND ADDING private property, this section of the ordinance THERETO NEW SECTIONS 6.24.070 was revised. THROUGH 6.24o140 ALL RELATING TO THE RESPONSIBILITIES FOR The Attorney indicated that much furor has MAINTENANCE AND OWNERSHIP OF been engendered by the proposed changes which DOGS - FIRST READING AND limit the right of persons to maintain vicious ADOPTION dogs on their own premises unless they are guard dogs properly licensed. He has, therefore, submitted an alternative proposal to the Council which covers the licensing of dogs used for guard or protective purposes and the stipulations regarding an assault or attack by any dog within the limits of the City. Mr. Lindberg compared their ordinance with that as adopted by the County and other cities in the County. He then read the alternate proposal submitted to the Council (Section 6.24.080) defining the possession of a vicious dog noting particularly that a dog is not deemed to be vicious who acts in protection or in defense of private property if the dog is properly confined within an enclosure on the premises of the owner, which enclosure is violated by any person or dog. Letters noted The Attorney then noted the number of letters received and submitted to the Council from the people concerned with this provision. Bill ~4oe ~lr. ~{oe said he was the spokesman for about 954 Hilltop Drive 100 people. He spoke last week to ~{r. Lindberg Chula Vista about the alternate proposal and agrees with this section of the ordinance, b~. Moe added that he and the people requesting to speak to the Council tonight are doing so because they want the Council to understand their feelings concerning the definition of a vicious dog. Other testimonies Others speaking were: Mike Gandy, 491 Quince street; Carolyn Butler, 97 Bishop Street; Dr. Robert ~{oe, 600 Sheffield Court; Steven Kennedy, 38 E. Palomar; ~4ary E. Kennard, 1423 Eckman Avenue; Frances Frazer, 135 B East Oleander Drive representing the California Society for the Prevention of Cruelty to Animals; Bob Hill, 62 Hilltop Drive; Dave Ayres, 110 "L" Street; Robert Diffley, 1440 Napa Court; John Jacobs, 470 Oxford Street; Helen Carradona, 49 East Oxford; and E. Robbins, 488 Elm Street° Their testimonies were summarized as 1) ques- tioning the word "propensity" in the ordinance; 2) people have the right to own dogs to guard their families and properties; 3) provocation regarding dogs who bite; 4) provision for seeing-eye dogs; 5) compensation for the loss of a dog; 6) is a dog considered vicious if it nips a person; 7) question of including cats but cats are defined as "free spirits" and should not be controlled; 8) too many laws on the books now - the present lease law could handle these problems; 9) how about running with a dog who is on a leash and he bites some- one;lO) questions concerning a dog trained to City Council Meeting -8- August 31, 1976 stay in a yard without a fence; 11) disagree with the County ordinance; 12) children do not know fear of a dog until they are bitten by one; 13) urge the City to uphold the ordinance and fine the people who violate it. Suggested revisions Councilman Hyde suggested adding the following words to Section 6.24.080: "For purposes of this section, an animal shall be deemed vicious if it either clearly demon- strates by its behavior a propensity to attack or bite a person or animal w{thout provocat{om." "A dog shall not be deemed to be vicious who acts in protection or in defense of persons or of private property if properly confined..." Ordinance placed on first It was moved by Councilman Cox that this reading and adopted ordinance be placed on its first reading with the revisions as suggested by Councilman Hyde (noted above), 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 ~bel, Hyde Noes: None Absent: None Recess A recess was called at 10:3S p.m. and the meeting reconvened at 10:S0 p.m. SECOND READING OF ORDINANCES 10. ORDINANCE NO. 1702 - The ordinance was placed on first reading at AMENDING ZONING MAPS ESTABLISHED the meeting of August 24, 1976. BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING THAT CERTAIN PROPERTY LOCATED NORTH OF QUINTARD STREET BETWEEN HILLTOP DRIVE AND FIRST AVENUE FROM R-3-G-P TO R-i-$-P AND CERTIFYING THE NEGATIVE DECLARA- TION - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None ll. ORDINANCE NO. 1703 - The ordinance was placed on first reading AMENDING ZONING MAP OR MAPS at the meeting of August 24, 1976. ESTABLISHED BY SECTION 19.18.010 OF THE CITY CODE REZONING THAT CERTAIN PROPERTY LOCATED SOUTH OF QUINTARD STREET~ EAST OF FIRST AVENUE FROM R-3-G-D TO R-3-P-12 AND CERTIFYING THE NEGATIVE DECLARATION - SECOND READING AND ADOPTION City Council ~{eeting -9- August 31, 1976 Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen }~bel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 12. ORDINANCE NO. 1704 - The ordinance was placed on first reading at AMENDING ZONING HAP OR ~PS the meeting of August 24, 1976. ESTABLISHED BY SECTION 19.18.010 OF THE CITY CODE REZONING THAT CERTAIN PROPERTY LOCATED SOUTH OF QUINTARD STREET BETWEEN IlILLTOP DRIVE AND FIRST AVENUE FROM R-3-G-D TO R-2-T AND CERTIFYING THE NEGATIVE DECLARATION - SECOND READING AND ABOPTION Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 13. REPORTS OF THE CITY MANAGER a. Report on review of At the meeting of Februar7 24, 1976, the Council City franchises directed staff to review ail City franchises for a report back in six months. Acting City Manager Asmus noted the following list of franchises with the City: 1. Trash service 5. Natural Gas 2. Taxicabs 6. Ambulance 3. Towing 7. Cable Television 4. Electricity In regard to Bay Cities Ambulance, b{r. Asmus commented that ~. Steve Ballard, owner, was out of town tonight but would attend the Council meeting of September 7 to answer any questions. As to the other franchises, staff recommended that the Council invite the franchisees to a scheduled Council Conference to discuss their respective franchises, Motion to accept report It was moved by Councilman Egdah], seconded by Councilman Hobel and unanimously carried that the report bo accepted and schedule the approp- riate review meeting. City Council Meeting -10- August 31, 1976 Clarification of motion Councilman Egdahl said the intent of his motion was that on September 7 the Council would review Bay Cities Ambulance and then at subsequent regular Council meetings the other franchises would be reviewed (by the end of 1976). Councilman Hobel asked that Channel 100 be considered at the time the Council reviews the Cable TV franchise. Emily Ritter Mrs. Ritter said she was the one who was instru- 339 Patricia Avenue mental in getting the franchises reviewed. She Chula Vista felt they should be open to public hearings. Mayor Hamilton commented that the reviews would not be public hearings but anyone who wishes to testify may do so. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. Report on drainage channel Director of Public Works Robens reported that across property at southeast on August 3, 1976 the Council moved that the corner of Hilltop Drive and developer of this property be required to install Telegraph Canyon Road a concrete lined bottom to the major drainage channel comparable in type to the concrete-lined channel through the City's Hilltop Park. Also recommended was that the City bear one half of the cost of lining the channel bottom. Mr. Robens said he met with the developer, Ken Green of Sweetheart Construction Company and discussed the best way of implementing the Council's directive. It was his recommendation that an agreement be prepared between the City and Sweetheart Construction Company for parti- cipation in the cost of installing a concrete- lined bottom to the drainage channel for a distance of approximately 620 feet east of Hilltop Drive. Mr. Roberts added that a request for an appropriation of $3,500 from the unaprop- riated balance of the General Fund will be made at the time City Council approves the agreement. Report accepted It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the report be accepted. Drainage problems in Councilman Egdahl said he received complaints the City from three different areas concerning drainage problems in the City. He noted the problems are current when two drainage areas come together. There are properties that back up to drainage channels that are full of nuisance water; some of these areas are deep enough so that a child may fall into it. Councilman Egdahl commented that the City should find the money to put a "floor" in those drainage areas whereby in the natural flow of water, a hole is bored; this ends up being filled with water. Another solution would be to remedy the situations in the City whereby property owners who have been allowed to place materials on their property (such as in the widening of "H" Street) and which materials now alter the drainage channel and in effect, stops up the natural flow. ~otion for staff direction It was moved by Councilman £gdahl and seconded by Councilman Hyde that the staff be directed to tell the Council the specific areas of drainage channels in the City that should have some kind City Council Meeting -11- August 31, 1976 of cement flooring put in to eliminate the presence of nuisance water on a regular basis and that the City appropriate the funds to enable that project to be carried out by the City. Discussion of motion Mayor Hamilton asked that the words "and appropriate the funds" be stricken at this time as he would like to review the staff's study to find out what the project will cost. Motion amended Councilman Egdahl amended his motion to add the words: "... on a regular basis with the intent of considerin~ an appropriation of funds to enable that project to be carried out by the City." Motion carried Councilman Hyde agreed to the second and the motion carried unanimously. Councilman Egdahl noted that in some cases, the people are willing to dedicate easements. Staff's comments Director of Public Works Robens claimed that this Council direction would be a major project for his department plus the fact that there may be legal problems and responsibilities to the City if they were to accept easements without improvements. Mayor Hamilton told the Director to consider only those areas first that are the problem areas in the City. IS. INTERIM REPORT ON Director of Public Works Robens reported to LIBRARY LANDSCAPING the Council that on July 22, 1976 the staff inspection of the library grounds revealed that the turfed areas were not growing properly. Soil tests noted that the soil is abnormally high in salinity and sodium content. The landscape architect was requested to prepare recommendations for overcoming the toxic soil problem. Mr. Roberts remarked that this report and one from the Director of Parks and Recreation will be completed by September 3 after which the staff will make an evaluation and report to the Council. Motion to accept It was moved by Councilman Egdahl, seconded interim report by Councilman Cox and unanimously carried that the interim report be accepted. 16. REPORT ON LAW LIBRARY City Librarian Levine reported that she has investigated the feasibility of providing space in the new library for a collection of books under the jurisdiction of the San Diego County Law Library. Mr. Werner, the Law Librarian indicated he would need 1,000 square feet to provide shelving for 4,000 volumes and tables 2nd chairs for 10 people. Mrs. Levine commented that there was no pro- vision made in the new library to house such a collection and recommended that the County Law Librarian be urged to seek other space to establish a Law Library for the South Bay area. City Council Meeting -12- August 31, 1976 Motion to provide space It was moved by ~yor Hamilton and seconded by Councilman Hobel that interim space be made available for a law library in the new library until space can be made available at the site selected for the court facility. Acting City Manager's comments In answer to Councilman Hobel's query, Acting City Manager Asmus commented on the disadvantages of using the basement of the Police facility and suggested the use of the audio-visual room in the new librar7 facility. In talking to Mr. Werner of the County Law Library, he stated that his Board hasn't considered this proposal and they generally don't prior to a time when Superior Courts are located in that area. Mr. Werner will, however , present the proposal to the Board and it would be more convincing if he could tell the Board that space is available in Chula Vista. ~. Asmus added that perhaps space could be made available in the old library facility until such time as the remodeling takes place. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the City Manager be instructed to indicate the agreement - the City agrees to accommodate the County law library with the condition that space be provided for the law library in the new temporary facility and the City Hanager indicate his preference for such a location within the Civic Center. REQUESTS AND RECO~dENDATIONS OF CITY BOARDS AND COMblISSIONS 17. Recommendation regarding a Chairman Geo. Gillow of the ECC reported that building moratorium on certain the Council supported the proposed amendments residential and commercial to the State's EIR Guidelines (Resolution 8142). projects until amendments to The Commission now recommends that a building CEQA Guidelines are received moratorium be placed on all residential projects over 50 units and commercial buildings of 20,000 square feet or more until such time as the amend- ments to the CEQA Guidelines are received. The City Attorney advised the Council that a moratorium predicated upon the actions of another governmental agency would be of ques- tionable validity. Motion to file It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the staff recommendation be accepted and the request filed. 18. MAYOR'S REPORT Designation of voting It was moved by Councilman Egdahl and seconded delegate and voting by Councilman Cox and unanimously carried that alternate for League Mayor Hamilton be elected the Delegate and of California Cities Vice ~yor Hyde be elected the alternate. annual conference Two new industries in Mayor Hamilton reported that two new firms Chula Vista are comming into Chula Vista; APPC0, a manu- facturer of dental equipment and Air Cushion Systems, designer and developer of air cushion vehicles. City Council Meeting -13- August 31, 1976 Deputy Registrars at Library [~yor Hamilton requested that Deputy Registrars be provided at the library to assist people who want to register to vote after the hours of 5:00 p.m. and on Saturdays (as well as during the day). Fire rating report In answer to Mayor Hamilton's direction, Acting City Manager Asmus explained the time table concerning the survey made by Insurance Services Organization in the City in 1975. Detailed recommendations were requested from this survey group concerning short and long-range improve- ments. These recommendations were submitted to the Fire Chief with the aim toward reducing the deficiency rating and put the City in a Class 3 category. Before any plan is put into effect, Chief Smithey must meet with the ISO represen- tatives in San Francisco and this meeting will take place on September 28 after which the Council will receive a report. Petition regarding East .Mayor Hamilton noted the petition he received San Miguel Drive from the residents of East San ~iguel Drive between Hilltop and Cuyamaca Street asking that motorized traffic be curtailed on their street by either making Cuyamaca a dead-end street or installing the same stretch asphalt bumpers across the road bed at 20 foot to 30 foot intervals thereby forcing motorists to slow down to a speed of 15 miles per hour while driving through this street. Referred to staff and It was moved by Mayor Hamilton, seconded by Safety Commission Councilman Hyde and unanimously carried that this petition be referred to the staff and Safety Commission for report back. COUNCIL CO~B~NTS Motion for staff comments It was moved by Councilman Hyde, seconded by regarding P-C zone Councilman Cox and unanimously carried that the staff be prepared to comment, at the September 2 meeting, regarding the E1 Rancho del Rey plan on a proposal to consider revoking the P-C zone. (What are the consequences and what would be involved in it). Property at "G" & Councilman Hyde noted the vacant area at "G" Del Mar Avenue Street and Del Mar Avenue. Director of Planning Peterson noted that the Council received a report from the staff approximately two months ago asking that the zone on the property (C-O-P) not be changed - the Council accepted this report. Councilman Hyde asked that the staff investigate the storage of vehicles and furniture on this property. Chula Vista Bobbysoxers Councilman Cox reported that the Chula Vista Bobbysox All-Star Team has again won the national championship this year. Councilman Cox suggested a resolution be drafted commending the team for this honor. ~yor Hamilton stated that he would like to suggest another recognition for the team and will discuss it with the Council at a later date. City Council Meeting -14- August 31, 1976 Suggestion-Award Program It was moved by Councilman Cox, seconded by Mayor Hamilton and unanimously carried that Chula Vista pursue the possibility of putting in a Suggestion-Awards program for its employees. Letter from Jack Unger Councilman Egdahl noted the letter received from Jack Unger, former International Friendship Commissioner, requesting that the plaques and trophies received from the Mayor of Irapuato be displayed at the new library. Mayor Hamilton commented that these items were presented from the ~layor's office of Irapuato to the Mayor's office of Chula Vista and are new on display in his office. Councilman Egdahl commented that the Mayor's office is an appropriate place for the display of these gifts and that no further action be taken on this request. Chula Vista public Councilman Egdahl commended the newsletter Newsletters which promotes the library facility and asked that the staff again look at Sunday opening of the new facility. Acting City Manager Asmus stated that a report is due on this and he will notify the Council as to the exact date. Conference Meeting time It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the Council Conference scheduled for Wednesday at 4:00 p.m. be rescheduled for 3:00 p.m. Charter Review members Mayor Hamilton reminded the Council of their recommendations for the Charter Review Committee. 19. WRITTEN C0b~4UNICATIONS a. Request for waiver of fees The Southwest Lions Club requested a waiver and permits for door-to-door of all fees and permits to permit the organ- solicitations - Southwest ization to conduct a door-to-door project in Lions Club the City whereby the members would mark an identification number on household items or appliances in order to deter home and apart- ment burglaries. Motion to approve request It was moved by Councilman Cox, seconded by Councilman Hyde and unanimously carried that approval be granted and that the Lions Club work in close cooperation with the Police Department to insure uniformity of identifi- cation numbering. b. Letter of resignation - Ms. Robas submitted her resignation from the Adrienne Robas~ International Friendship Commission. International Friendship Commission Resignation accepted It was moved by Councilman Cox, seconded by with regret Councilman Hyde and unanimously carried that the resignation be accepted with regret and a letter of thanks be sent to Ms. Robas for her services on this commission. City Council Meeting -15- August 31, 1976 ADJOURNMENT ~4ayor Hamilton adjourned the meeting at 11:52 p.m. to the meeting scheduled for Wednesday, September 1 at 3:00 p.m. and Thursday, September 2, 1976 at 3:00 p.m.