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HomeMy WebLinkAboutcc min 1976/07/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAj CALIFORNIA Held Tuesday July 13, 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 Chambers, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Cox, Egdahl, Hobel Councilmen absent: Councilman Hyde Staff present: City Manager Cole, Assistant City Manager Asmus, City Attorney Lindberg, Director of Planning Peterson, Director of Public Works Robens, Director of Parks and Recreation Hall, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried by those present that the minutes of the joint meeting of the City Council/Redevelopment Agency June 24 and the Council meetings of July 6 and 7, 1976 be approved, copies having been sent to each Councilman. 2. a. ALL STATES PROGRAM - Mayor Hamilton read a Proclamation saluting the State of Nevada State of Nevada and people in the audience from that state introduced themselves to the Council. b. PRESENTATION OF STATE In response to a letter sent by Director of FLAG FROM MISSISSIPPI Building and Housing Grady regarding the City's Bicentennial program, the Honorable Clifton Finch, Governor of the State of Mississippi, sent their State Flag to the City. Director of Parks and Recreation Hall presented the flag to the City Council. ORAL CO~B~JNICATIONS 5. PETITION OF COLLEGE ESTATES Mr. Tony Aguilar, Chairman of the College HOMEOWNERS ASSOCIATION Estates Homeowners' Association Park Committee AGAINST CONSTRUCTION OF submitted a petition with 272 signatures to RESTROOM FACILITY AT BURTON the Council opposing the construction of a C. TIFFANY PARK restroom facility at the Burton C. Tiffany Bicentennial Park. He stated the residents in the area felt the problems associated with such a facility (vandalism, drug use, graffiti, etc.) outweigh the benefits as a convenience. There is also a problem of motor cyclists in this area who would have access to the facility. Because of the terrain, the park is secluded, unfenced, and difficult to patrol although the Police Department does cooperate in every way. Director of Parks and Recreation Director of Parks and Recreation Hall stated Hall supports statements he agreed with the statements made and sug- gested that construction of the restroom could be delayed until after the completion of "H" Street. He stated he felt the residents would eventually find there will be a need for the facility. City Council Meeting -2- July 13, 1976 Park Ranger to patrol area In answer to request from Councilman Egdahl, Mr. Hall said the Park Ranger will spend more time patrolling the area. Motion to delay construction of It was moved by Councilman Hobel, seconded by restroom Councilman Cox and unanimously carried that the proposed construction contract for the restroom be deferred until such time as a report comes back from the Parks and Recre- ation Director citing that it should be con- sidered seriously to go in. James Matherly Mr. P~atherly made several comments concerning 402 Oaklawn Avenue statements he made before the County Compre- Chula Vista hensive Planning Commission regarding crime control goals of a Regional Criminal Justice Planning Board. He asked that the City Council adopt a position of punishing cri- minals. He also requested that the City Manager prepare a sign to hang in the Council Chambers citing the National debt, the annual interest cost, and the share of the debt owed by each Chula Vista citizen. Bob Floto Mr. Floto asked if he would be permitted to 348 East Millan speak concerning Agenda Item No. 14. Chula Vista Mayor Hamilton said he would be allowed to speak concerning the report at that time. Clay Morud Mr. biorud asked to address the Council con- 32 Plymouth Court cerning Item No. 16 on the agenda regarding Chula Vista a petition requesting a rezoning of the northeast and northwest corners of Quintard and Tobias from R-3-G-P to R-l, asking if the residents in the area would be allowed to speak and whether the item could be moved up on the agenda. Item 16, a report - not a Mayor Hamilton noted that Item 16 is not a public hearing public hearing - it is just a report from staff. He asked the City Attorney to com- ment on this. Testimony not appropriate City Attorney Lindberg affirmed that this at this time item is not a public hearing and persons in opposition to those signing the petition are not represented at this meeting as there was no notice of the meeting, therefore, it would not be appropriate that an oral pre- sentation be made with an introduction of evidence at this point in time. Request for item to be Mr. Morud requested that the item be con- continued tinued to another meeting when developers can present their side of the case. Clarification for process Hr. Lindberg further clarified that the pe- of handling petition tition seeks a rezoning of property which must be processed through the very formal and required processes of the City's zoning ordinance. When the matter is brought for- w~rd f6r a public fiearing at the direction of the City Council, then testimony can be taken. Substantive issues must be discugsed at public hea~ings that are properly noticed. City Council Meeting -3- July 13, 1976 Questions on report councilman Hobel said he had some specific questions concerning the report. Motion to move Item No. 16 It was moved by Councilman Egdahl and seconded forward on the agenda by Councilman Cox that Item No. 16 (Report on petition requesting rezoning of property on north side of Quintard at Tobias Drive from R-3-G-P to R-1 and a moratorium in the Castle Park area) be moved up on the agenda at this time. Oral communications M~yor Hamilton asked that before the vote continued (on the motion) was taken, that Mr. Morud retire from the podium so if there was anyone else in the audience who wished to address the Council under oral communications, other than on Item No. 16, they could come to the microphone and mak~ their comments. Carolyn Butler Mrs. Butler commented on the discussion held 97 Bishop Street by the Council at the last meeting regarding Chula Vista property south of Quintard, north of gan Diego Gas and Electric Company property. She stated she would like to see the City Council lower the limits of peeple coming into the city so there will not be a problem of overcrowding. Carlos Lopez Mr. Lopez asked that the Council delay voting 14 Quintard on Item No. 16 until the residents in the area Chula Vista could speak on the item. Eugene Coleman Mr. Coleman referred to a letter he had sub- 1670 Gotham Street mitted to the Council about two weeks ago con- Chula Vista cerning recommendations on community develop- ment and asked if the Council had had an oppor- tunity to collectively or individually arrive at a conclusion or some feedback. Mayor Hamilton stated the letter was brought before the Council at the last meeting, but no action was taken. In answer to Mr. Coleman's For clarification see ( request for a written response, Mayor Hamilton said any action would have to wait until Page 1, approval of ( Councilman Hyde returned to get his direction minutes~ meeting of ( 7/20/76 ( before a letter could be drafted stating the position of the Council. In answer to Mr. Coleman's request if it could be made an agenda item, Mayor Hamilton said he could send another letter making such a request and it would be made an agenda item. Bob Hastings Mr. Hastings commented on Mr. Coleman's letter 1475 Max Avenue stating that he felt it tied in very closely Chula Vista with the recommendation forwarded to the Council from the Environmental Control Commission regarding a moratorium on all growth on units over 50 and on commercial properties over 20,000 squ~re feet. He asked that the Council give consideration to the proposal. Oral communications As there were no further comments from the public, closed Mayor Hamilton declared oral communications closed, and asked for the Council vote on the motion to move Item No. 16 forward. City Council Meeting -4- July 13, 1976 Motion to bring Item No. 16 The motion as made by Councilman Egdahl and forward carried seconded by Councilman Cox carried unanimously by those present. 16. REPORT ON PETITION REQUESTING In a written report, Director of Planning REZONING OF PROPERTY ON NORTH Peterson stated that the petition involves two SIDE OF QUINTARD AT TOBIAS DRIVE parcels located north of Quintard Street, FROM R-3-G-P TO R-1 AND A one on the west side and one on the east side MORATORIUM IN THE CASTLE PARK of Tobias Drive. On February 20, 1973 both AREA properties were rezoned from R-S-G-D to R-3-G-P and precise plan guidelines were established specifying a density of 10-14 dwelling units per acre and that development be limited to one and two story structures. Mr. Peterson commented that the City Attorney's remarks were geared to the procedure if the Council wanted to change the zoning on the property, while the Planning Department recommendation is that the zoning not be changed, but to take an action to refine the density established in 1973 and narrow it down to assign the specific range not to exceed 12.4 (units per acre). This is the same density range being considered in the area south of Quintard. Area overbuilt Councilman Egdahl noted that in regard to the property considered during the public hearing at the previous meeting, the Council con- curred that this area generally is extremely overbuilt and referred to the petition before the Council with 376 signatures requesting the area be considered for R-1 zoning. Motion to refer to It was moved by Councilman Egdahl and seconded Planning Commission by Councilman Hobel that the Council request the Planning Commission to consider R-1 zon- ing for this property and that in fact a moratorium be declared on development until that consideration is made through the public hearing process. Council discussion Council discussion followed concerning con- sideration of request from the citizens; density in the area; that the Council not give direction to the Planning Commission but leave the Commission open to make recom- mendations; and Council concern regarding the drainage problem. Motion is appropriate City Attorney Lindberg stated that the motion was couched in the appropriate legal terms to begin the legal process for consideration of the rezoning of the property. Moratorium legal Further discussion was held concerning a moratorium over the entire area. City Attorney Lindberg advised that placing a moratorium over the entire area during the study period would be a legally acceptable approach which could be brought back to the Council at the next meeting. City Council Meeting -5- July 13, 1976 Request of City Attorney to Mayor Hamilton asked that Mr. Lindberg clarify clarify motion for audience the motion for the people in the audience so there would be no misunderstanding of the legal process. City Attorney Llndberg Stated the motion con- cerns the property north of Quintard which is subject to the petition submitted. The City Council has directed that the Planning Department and Plannlng Commission consider the rezoning of that property to R-1. Public hearings will be held for the rezoning and notices will be sent out to all parties so everybody will have an equal opportunity, including the pro- perty owners to make known their interests. Moratorium clarified As to the moratorium, Mr. Lindberg clarified that at the next meeting, a Resolution would be brought back imposing a moratorium, and should the Council make that direction, a resolution imposing a moratorium on both the properties north and south of Quintard would be brought back. Motion carried The motion to refer the matter to the Planning Commission carried unanimously by those present. Motion for contact to be It was moved by Councilman Cox and seconded by made with County regarding Councilman Egdahl that the Council direct the moratorium in Castle Park area staff to contact the County of San Diego about placing a moratorium on development in the Castle Park area until the City and the County can get together and work out development guidelines. Area to be defined by staff Mayor Hamilton noted that the area in question would be defined by staff at the next meeting. In answer to request for clarification from City Manager Cole, the Council concurred that the contact with the County would be made by the Mayor as a more appropriate action. Motion carried The motion carried unanimously by those present. Motion for resolution It was moved by Councilman Hobel, seconded by declaring moratorium Councilman Egdahl and unanimously carried by those present that a resolution be brought back declaring a moratorium on the 7.44 acres south of Quintard between First Avenue and Tobias and also including property on the north side of Quintard at Tobias as discussed in Item No. 16. RECESS A recess was called at 8:20 p.m. and the meeting reconvened at 8:40 p.m. Prior action of Council Councilman Hobel commented that last week action was taken to ask the Planning Commission to con- sider R-S-L with the possibility of the "P" designator on the property discussed during the public hearing (south of Quintard between First Avenue and Tobias St). He noted that citizens spoke concerning the R-2-T zoning, which he City Council Meeting -6- July 13, 1976 felt should be included in the Planning Commission's deliberations. Motion to include R-2-T It was moved by Councilman Hobel and seconded zoning consideration by Councilman Cox that a tag be included to the Planning Commission on this property of the 7.44 acres south of Quintard between First Avenue and Tobias, along with consider- ing the R-3-L with a possible "P" designator that the R-2-T zoning also be considered in their deliberations. Motion questioned Councilman Egdahl questioned the motion being a proper one and stated he felt the appropri- ate motion would be a motion to reconsider the prior action of the Council. City Attorney Lindberg concurred. Motion withdrawn Councilman Hobel withdrew the motion and Councilman Cox withdrew his second. Motion for reconsideration It was moved by Councilman Egdahl, seconded carried by Councilman Hobel and unanimously carried by those present that the prior action of the Council be reconsidered. Motion to refer to It was moved by Councilman Hobel, seconded by Planning Commission Councilman Egdahl and unanimously carried by those present that in reference to the 7.44 acres south of Quintard between First Avenue and Tobias, that it be referred to the Planning Commission for consideration of R-3-L-P and/or R-2-T. PUBLIC HEARINGS AND RELATED ORDINANCES 4. a. PUBLIC HEARING - An application filed by F. P. Phillips and CONSIDERATION OF CHANGE OF R.A. Reynolds requested rezoning of approxi- ZONE FOR 1.2 ACRES AT 71 NORTH mately 1.2 acres of land located on the east FOURTH AVENUE FROM C-C-F to side of North Fourth Avenue south of I-L-F Trousdale Drive from C-C-F to I-L-F. On May 25, 1976 the City Council approved an amendment to the General Plan (GPA-76-2) changing the General Plan designation for this property from "Retail Commercial" to "Research and Limited Industrial." The Planning Commission recommended that the City Council certify the Negative Declaration and approve the change of zoning in accordance with Planning Commission Resolution PCZ-76-D. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Frank Phillips Mr. Phillips stated he is the co-owner of the 71 North Fourth property at 71 North Fourth and that the Chula Vista owners agree with the staff findings and the recommendation to rezone the property to I-L-F. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting -7- July 13, 1976 b. ORDINANCE No. 1693 It was moved by Councilman Egdahl that this ~4ENDING THE ZONING M~P ordinance be placed on its first reading and OR MAPS ESTABLISHED BY that the reading of the text be waived by SECTION 19.18.010 OF THE unanimous consent. The motion carried by CHULA VISTA MUNICIPAL CODE, the following vote, to wit: REZONING THAT CERTAIN PROPERTY LOCATED AT 71 NORm{ FOURTH AYES: Councilmen Egdahl, Hobel, Cox, AVENUE FROM C-C-F to I-L-F, Hamilton AND CERTIFYING THE NEGATI~ Noes: None DECLARATION - FIRST READING Absent:Councilman Hyde 5. a. PUBLIC HEARING - Director of Planning Peterson reported that CONSIDERATION OF CHANGE OF sometime ago the City Council became con- ZONE FOR 18.5 ACRES LOCATED cerned about the construction of new apart- SOUTH OF "D" STREET, ments in areas which are largely developed BETWEEN FOURTH AND FIFTH with single family homes and asked the staff AVENUES, FROM R-3 to R-I and Planning Co~m~ission to study the problem which led to the adoption of the R-3-L zone and the isolation of 8 areas for possible consideration to rezone back to R-1. This is the second area to come back to the Council under the program to help solve the "neigh- borhoods-in-transition" problem. Staff concurs with the Planning Commission recommendation that the change of zone be approved. Public hearing opened This being the time and place as advertised, the public hearing was opened by Mayor Hamilton. Martha Ruby Ms. Ruby spoke in favor of the rezoning and 140 Elder (Maxwell Manor) said there were several residents of the area Chula Vista in attendance at this meeting to support the action of the Council to preserve single family areas. At Mayor Hamilton's request, a number o£ citizens raised their hands to indicate their presence at the meeting. Joan Elliott Ms. Elliott said she fully supported the 448 "D" Street recommendation of the Planning Commission. Chula Vista She also commented on other factors which she felt contributed to the deterioration of the area such as cars being parked on some lawns and garbage problems. Gene Kermott Mr. Kermott said he had a part interest in a Minor Avenue piece of property in the area and was speaking Chula Vista against the zone change as it was not insti- gated by the property owners in the area, but by the (City) staff. Consideration of zone change Mayor Hamilton clarified that the Council made at request of Council directed the staff to look at ail areas and thus the action was instigated by the Council. He asked Mr. Kermott to identify his property. Mr. Kermott responded that the address is 120 Fifth Avenue. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting -8- July 13, 1976 In Council discussion, it was determined that Mr. Kermott's property was not located in the area under consideration. b. ORDINANCE NO. 1694 ~ It was moved by Councilman Cox that this AMENDING ZONING M~ OR MAPS ordinance be placed on its first reading ESTABLISHED BY SECTION 19.18.010 and that the reading of the text be waived OF THE CHULA VISTA MUNICIPAL by unanimous consent of those present. CODE, REZONING THAT CERTAIN PROPERTY LOCATED SOUTH OF "D" The motion carried by the following vote, STREET, BETWEEN FOURTH AND to-wit: FIFTH AVENUES, FROM R-3 TO R-1 - FIRST READING AYES: Councilmen Cox, Hamilton, Egdahl, Hobel Noes: None Absent: Councilman Hyde Parking ordinance Mayor Hamilton called staff's attention to be enforced to the con%ment made by Ms. Elliott and asked that the police in their patrol of the area enforce the ordinance regarding parking in front yards. CONSENT CALENDAR Question on extended Councilman Hobel said he would offer the day program consent calendar, but had a question on Item No. 8 concerning the agreement with the Visitors and Convention Bureau. He stated the extended hours are not shown in the agreement and one of his reasons for sup- porting the additional funds from the $17,200 adopted at the budget sessions to the $20,000, was they (the Bureau) said if they did not have the additional money, they could not conform to the extended day program. He felt the agreement should speci- fy the extended hours and asked that an amendment be made to the resolution. In the discussion that followed, it was determined that the matter of the extended hours had not been clarified. Motion to approve Consent It was moved by Councilman Hobel, seconded Calendar, with the exception by Councilman Egdahl and unanimously carried of Item Number 8 by those present that the Consent Calendar be approved and adopted, leaving Item No. 8 off and referring that item back to staff for clarification. 6. RESOLUTION NO. 8247 - By Resolution No. 6283, the City agreed APPROVING AGREEMENT BETWEEN to accept maintenance of certain street THE CITY OF CHULA VISTA AND facilities between Otay Valley Road and THE STATE OF CALIFORNIA FOR Telegraph Canyon Road. This new agree- FREEWAY MAINTENANCE FOR merit supersedes the freeway maintenance INTERSTATE ROUTE 805 BETWEEN agreement of 1968 between the City and OTAY VALLEY ROAD AND THE the State of California. The State Depart- NORTHERLY CITY LIMITS AND merit of Trasportation has prepared the AUTHORIZING THE MAYOR TO agreement to formalize and clarify the EXECUTE SAID AGREEMENT division of maintenance responsibility as to separation structures, City streets or portions thereof, and landscaped areas, within the freeway limits. City Council Meeting -9- July 13, 1976 7. RESOLUTION NO. 8248 - In 1975, by Resolution No. 7735, the City APPROVING AMENDMENT NO. 1 TO Council approved an agreement between the AGREEMENT BETWEEN THE CITY OF State of California and the City for joint CHULA VISTA AND THE STATE OF participation in the realignment of North CALIFORNIA FOR THE REALIGNMENT Glover Avenue. Phase I has been completed OF NORTH GLOVER AVENUE, AND and the State is ready to proceed with Phase AUTHORIZING THE MAYOR TO EXE- II, which includes the realignment and con- CUTE SAID AMENDMENT TO AGREE- struction of North Glover Avenue between MENT "C" Street and Third Avenue, at a total estimated cost of $46,200. Under the terms of the agreement, the City will provide for Phase II: 1) Plans and specifications; 2) Contract administration; 3) $18,500 (40% of the estimated total con- struction cost) - as the City's share; and 4) Upon completion of the project, provide repair and maintenance of the public improve- ments. Under the terms of the agreement, the State will provide for Phase II - $27,700 (60% of the estimated total construction cost) - as the State's share. 8. RESOLUTION - At the meeting of June 29, 1976 the City APPROVING AGREEMENT BETWEEN THE Council approved the sum of $20,000 to be CITY OF CHULA VISTA AND THE CHULA paid to theChula Vista Visitors and Con- VISTA VISITORS AND CONVENTION vention Bureau during the Fiscal Year 1976-77, BUREAU IN REGARD TO THE EXPEN~ indicating that this amount could be matched DITURE OF CITY FUNDS APPROPRIATED either through revenues or expenditures, ANDAUTHORIZING THE MAYOR TO EXECUTE and that the Bureau could receive their SAID AGREEMENT payment in advance. Subsequently, Mr. Nell Haas, speaking for the Bureau, indicated they wished to continue the current practice of matching revenues on a dollar-for-dollar basis and doing so in arrears at the end of each quarter rather than payment in advance. (This item continued for clarification). 9. RESOLUTION NO. 8249 - The City Council, with the approval of a DEEDING CERTAIN PROPERTIES TO tentative subdivision map for South Bay SHATTUCK CONSTRUCTION COMPANY Villas, directed that the developer provide access to the proposed subdivision from the easterly terminus of "J" Street. The City authorized Shattuck Construction Company to file an action in eminent domain in the name of the City of Chula Vista, and the resolution provides that remnant parcels acquired in this action to minimize severance damages shall be deeded to Shattuck Construction along with the "J" Street right of way. To satisfy conditions of the subdivision map, Shattuck Construction Company shall dedicate the right of way to the City of Chula Vista. (End of Consent Calendar) RESOLUTIONS AND ORDINANCES, FIRST READING 10. RESOLUTION NO. 8250 - The Police Dispatch Console was installed FINDING THAT IT IS TO THE CITY'S by Dispatch Systems. Director of Building BEST INTEREST TO ENTER INTO A and Housing Grady, in a written statement, CONTRACT FOR THE DEVELOPMENT OF reported that the existing two console units AN INTEGRATED CON~qUNICATIONS are to be modified to dispatch fire calls as SYSTEM FOR THE POLICE AND FIRE well as police calls and a third console will DEPARTMENTS WITHOUT COMPLIANCE be added which will dispatch both fire and WITH THE BIDDING PROCEDURE police calls. Three companies were invited City Council Meeting -10- July 13, 1976 to submit proposals: General Electric made no proposals; Motorola expressed no desire to modify the existing console and proposed an entirely new center at an es- timated cost of $80,000; Dispatch Systems proposed to modify the existing two-position police console and istall a new, dual dis- patch console for the third position. Staff recommended that bidding requirements be waived and the proposal of Dispatch Systems be accepted as other communication manufacturers would have to install all new equipment at a cost considerably higher than the $26,000 budgeted. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hamilton Noes: None Absent: Councilman Hyde 11. ORDINANCE NO. 1695 - In a written report, City Attorney Lindberg AMENDING CHAPTER 9.12 OF THE stated that in the ordinance regulating CHULA VISTA MUNICIPAL CODE BY the playing of bingo, certain basic elements AMENDING SECTIONS 9.12.010 AND are required under State law. Other sections 9.12.040 THEREOF AND ADDING of the ordinance relate to the means for NEW SECTIONS 9.12.120 THROUGH achieving the limitations mandated by the 9.12.240 RELATING TO THE REMOVAL State Legislature. The ordinance closely OF THE PROHIBITION AGAINST THE follows that of the County and the City of PLAYING OF BINGO BY CERTAIN San Diego with the exception that the PARTIES - FIRST READING appeal procedure for denial or revocation of a license has been altered to conform to the procedures used in the City of Chula Vista relative to business license denial or revocation. The Council discussed various provisions of the ordinance: 1) the limitation of the value of the prizes which may not ex- ceed $2S0 for any game (City Attorney Lindberg clarified that the limitation re- ferred to any one of the number of games that may take place during the course of a day or evening); 2) no provision made for any special function - a one-time special function to raise funds with perhaps a re- quest for waiver of fees - (Mr. Lindberg said the Legislature made no provision for such special functions); S) the limit on the number of days that an organization can hold games (games can be played on a daily basis - limitations are a matter of local option at this time); 4) license is issued to an individual and is not transferable (a provision required under state law); S) games to be conducted only on property owned or leased by a non- profit organization. Martin Altbaum Mr. Altbaum said he would like to make Owner of Chub's Club a comment and call the Council's atten- 27S Third Avenue tion to the fact that under the provisions Chula Vista of the ordinance, an individual could come City Council Meeting -11- July 13, 1976 into the City, secure a charter, apply for a license and start running bingo games, with this being his only purpose for coming to Chula Vista. He felt that with no limi- tations, operation of bingo games could become a big gambling venture in the City. The Council discussed with the City Attorney concerns over potential abuses and limi- tations or restrictions that might be imposed to preclude abuses. Motion for limitation It was moved by Councilman Egdahl and seconded on residence and period by Councilman Cox that a limitation be set of operation of a period of no less than two years for a residence for the applicant - the person to whom the license would be granted in the name of a nonprofit corporation that has operated within the City of Chula Vista for also a period of not less than two years. Discussion of motion Councilman Hobel stated it is possible that there would be various organizations in the City that people belong to who may not be residents of the City. Motion amended Councilman Egdahl said he would amend the motion to drop the restriction on the in- dividual and the second agreed to the amen- dment. Motion carried The motion, as amended, carried unanimously by those present. Motion to limit It was moved by Mayor Hamilton, seconded days of operation by Councilman Cox and unanimously carried by those present that the number of games be limited that would be allowed an organ- ization to three days out of seven calendar days. Motion for officers It was moved by Councilman Egdahl that as to be listed another condition of the application that the list of the current officers of the corporation also be a part of the appli- cation form. Motion died The motion died for lack of a second. Ordinance placed on first It was moved by Councilman Hobel that this reading ordinance be placed on first reading as amended, and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Hob¢l, Cox, Hamilton Noes: Councilman Egdahl Absent: Councilman Hyde 12. ORDINANCE NO. 1696 - At the meeting of June 15, 1976 the City AMENDING SECTION 2.46.040 Council accepted the recommendation of the OF THE CHULA VISTA MUNICIPAL Youth Commission to amend Ordinance No. 1468 CODE RELATING TO THE TERM OF to change the expiration of the terms of OFFICE FOR YOUTH CO~4ISSIONERS - office for the Youth Commissioners from FIRST READING October first of each year to the first of City Council Meeting -]2- July iS, 1976 May, beginning in 1977, with the stipula- tion that the commissioners serving current terms be permitted to serve until May 1977. Ordinance placed on It was moved by Councilman Cox that this first reading ordinance be placed on first reading and that reading of the text be waived by unan- imous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel Noes: None Absent: Councilman Hyde CONTINUED MATTERS /%ND SECOND READING OF ORDINANCES 15. ORDINANCE NO. 1692 - At the City Council meeting of March 2, AMENDING ZONING MAP OR MAPS 1976 it was reported that when the R-3-B-3 ESTABLISHED BY SECTION 19.18.010 zoning classification was eliminated in OF THE CHULA VISTA MUNICIPAL CODE, 1969 and replaced with the R-3-G classi- REZONING AND PREZONING THAT fication the area north of "E" Street and CERTAIN PROPERTY LOCATED NORTH OF east of Hilltop Drive received an increase "E" STREET, EAST OF HILLTOP DRIVE in density. The Council referred the matter FROM R-1 AND R-3-G-D TO R-3-P-13, to the Planning Commission and in May 1976 AND CERTIFYING THE NEGATIVE the Cormnission recommended that the City DECLARATION - SECOND READING AND Council certify the Negative Declaration and ADOPTION approve a change of prezoning and zoning from R-1 and R-3-G-D to R-3-P-]3. The ordinance was placed on first reading July 6, 1976. Ordinance placed on It was moved by Councilman Egdahl that second reading and this ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hamilton Noes: None Absent: Councilman Hyde REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. REPORT ON BUS STOP In a written statement, Director of Public RELOCATION AT THIRD Works Robens reported that the bus stop at AVENUE AND "F" STREET Third Avenue and "F" Street was relocated during the second week of June to facili- tate transfers from Chula Vista City Lines buses to San Diego Transit buses. As a result, four parking places were relocated from the north side of "F" Street, east of Third Avenue to the north side of "F" Street, west of Third Avenue. Director of Public Works stated that the bus stop was moved originally as several senior citizens had stated they had a problem in transferring from the Chula Vista bus line to the San Diego Transit Line because of the short transfer time allowed, and having to cross the street hurriedly was very hazardous. City Council Meeting -13- July 13, 1976 Bob Eloto Mr. Eloto stated he has been in business Owner - Chula Vista Pharmacy for 12 years and the service offered his Third and "F" Streets customers has been very much affected by the change in the bus stop. He also commented on the problem of dust and residue from the exhaust of the buses, as well as the fumes. He offered the Council signatures of over 170 customers who opposed the change in the parking spaces. Mavis Steiner Ms. Steiner also commented on problems her Norman Cosmetics customers were having in finding parking 287 "F" Street spaces, the increased dust problem, and loss of business. Motion to move It was moved by Mayor Hamilton that the bus stop to bus stop be moved back to the original original location location. The motion was seconded by Councilman Hobel and carried unanimously by those present. 15. REPORT ON MONTHLY TICKET During Council action setting the fees at SALES AT THE CHULA VISTA the Chula Vista Municipal Golf Course, a MUNICIPAL GOLF COURSE request was made for a staff study of the monthly ticket system, particularly the nonresident fees. Report accepted It was moved by Councilman Hobel, seconded by Mayor Hamilton and unanimously carried by those present that the report be accepted. 16. REPORT ON PETITION REQUESTING (Item moved forward on agenda. See page 4.) REZONING OF PROPERTY ON NORTH SIDE OF QUINTARD AT TOBIAS DRIVE FROM R-3-G-P TO R-1 AND A MORATORIUM IN THE CASTLE PARK AREA MAYOR'S REPORT Council Conference Mayor Hamilton announced that City Manager Cole had arranged for a Council Conference at 4:00 p.m., Wednesday, July 14 in the Council Conference Room regarding the South County court complex. The County will pre- sent a status report. Mayor Hamilton stated he will not attend because of possible con- flict of interest. Also announced was the League of California Cities' meeting in National City on 'Fhursday, July 15, 1976. The Mayor urged those who can to attend. He stated that he had brought before the Mayor's Committee of the California League a resolution asking that the League request the State Legislature to make amend- ments in the Brown Act to allow discussion of appointment of people to Boards and Com- missions in executive sessions. COUNCIL CON, lENTS Landscaping of freeways Councilman Cox referred to Agenda Item No. 6 - involving landscaping at 1-805 and I-5. He asked if it is possible for the City of Chula City Council Meeting -14- July 13, 1976 Vista to landscape certain areas - interchanges of the freeway - with the provision that the State of California would reimburse the City at such time as they have money to do so. Director of Public Works Robens responded that the State has indicated a willingness to discuss such matters and the Department of Public Works would be happy to do this and bring back a report to Council. Closing of Fifth Avenue Councilman Egdahl questioned the closing of Fifth Avenue for construction and asked how long the street will be closed as progress seems to be very slow. In answer, Mr. Robens stated the contractor had had some delays and was behind the two-month schedule. It was moved by Councilman Egdahl and seconded by Councilman Hobel that it be indicated to the contractor that the closing of Fifth Avenue be terminated at a time which would be two months from the date permission to close was granted, and that subsequent to that time, if the project is still in pro- gress, he must provide traffic control to through traffic. Mr. Robens stated that a change order is being processed at this time which will decrease the contract amount by $1,600 which can include this provision if the contractor is willing to go along with the change order. Motion carried The motion carried unanimously by those present. Discussion of vicious dog In answer to a query from Councilman £gdahl ordinance concerning vicious dogs, City Attorney Lindberg stated that dogs with a vicious propensity would be a question of an "attrac- tive nuisance," which is illegal. He said when the ordinance regarding Vicious dogs was amended, staff had indicated that they did not feel that any person in the City has the right to maintain a dog which has a vicious propensity. Motion to amend Councilman Egdahl moved that the ordinance ordinance regarding regarding vicious dogs be amended to pre- vicious dogs clude keeping a vicious dog on one~ own property and brought back to the Council. The motion was seconded by Councilman Cox and carried unanimously by those present. Policy statement - Councilman Hobel noted the communication Boards and Commissions received from City Manager Cole concerning the Council policy statement regarding Boards and Commission communications. Motion to place on It was moved by Councilman Hobel, seconded agenda in September by Councilman Egdahl and unanimously carried by those present that the Council policy statement be placed on the agenda for dis- cussion at a September meeting when there will be a full Council. City Council Meeting -15- July 13, 1976 17. WRITTEN CO~4~UNICATIONS a. RESIGNATION OF DAVID A written resignation has been received from PORET FROM THE YOUTH David A. Poret, Vice Chairman of the YOuth COMMISSION Commission, effective July 9, 1976. It was moved by Councilman Cox, seconded by Councilman Hobel and unanimously carried by those present that David Poret's resignation be accepted and that a letter of thanks be sent for his services on the Commission. b. REQUEST OF COUNCIL REVIEW The Council received a letter from Mr. Cannon, OF PARKING RESTRICTIONS ON Attorney for owners of the property at 4S6 PROPERTY AT 4S6 CASSELMAN Casselman Street, requesting that the Council STREET - WILLIAM S. CANNON review the parking restrictions on the property so the owners can comply with a Conditional Use Permit granted to them. c. LETTER IN SUPPORT OF Ms. Floodberg addressed a letter to the PARKING VARIANCE FOR Council in support of a parking variance PROPERTY AT 456 CASSELMAN so the property will not be declared a STREET - ESTHER C. FLOODBERG "public nuisance." Parking to be discussed City Attorney Lindberg commented that the at public hearing matter of the parking requirements will be discussed at the public hearing on the property scheduled for August 3, 1976. Motion that no action It was moved by Councilman Hobel, seconded be taken on Items 17 b and c by Councilman Cox and unanimously carried by those present that no action be taken on Items 17 b and c at this time. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:03 p.m, to the adjourned regular meeting of the Council with representatives of San Diego County at 4:00 p.m. Wednesday, July 14, 1976 in the Council Conference Room. JENNIE M. FULASZ City Clerk, CMC Deputy City Clerk