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HomeMy WebLinkAboutcc min 1976/04/06 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday April 6, 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, 276 Fourth Avenue, City Hall, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hobel, Hyde, Egdahl 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 Community Development Desrochers, Assistant to the City Manager Wittenberg, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Pro Tempore Scott followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of March 23 and 24, 1976 be approved, copies having been sent to each Councilman. 2. a. ALL STATES PROGRAM - Mayor Pro Tempore Scott read the Proclamation honor- INDIANA lng the State of Indiana and commented that many letters have been received from the Governors of the States thanking the City for so honoring each State. Members of the audience from Indiana were asked to stand and introduce themselves. b. BICENTENNIAL PROCLAMATION TO Canceled. THE CITY OF CHULA VISTA FRO~ CALIFORNIA'S GOODWILL AM- BASSADOR, ERNIE OSUNA c. BICENTENNIAL PROJECT - Mrs. V. Olinger of the Chula Vista Woman's Club, GIFT TO THE CITY - BICENTENNIAL Evening Section, presented $300 worth of American COMMITTEE AWARD history books to the City ($150 of which were matching funds from the Bicentennial Committee). Mrs. Joan Roseman, Chairman of the Library Board of Trustees accepted the gift. Mayor Pro Tempore Scott then presented the Woman's Club with the Bi- centennial Committee ribbon for their efforts on behalf of the City of Chula Vista. (Mayor Hamilton arrived at 7:10 p.m.) ORAL COMMUNICATIONS James Matherly Mr. Matherly made several comments to the Council 402 Oaklawn Avenue concerning (1) identification of agenda items, (2) government spending, (3) lack of public in- terest in government affairs, (4) poor attendance at public meetings and (5) religious concepts. Margaret Helton Mrs. Helton presented a report of the San Diego 162 Mankato Street County Task Force on nursing home care. Mrs. Helton then requested that Agenda Item No. 16 be placed as the first item on the agenda as there were several senior citizens present who would like to be heard during this discussion (Del Rey High School Restaurant Program). City Council Meeting -2- April 6, 1976 3. COMPLAINT FROM CARL FOX Mr. Fox outlined the problem of excessive noise, AGAINST FRONTIER INN, 1073 profane and obscene language, use of alcoholic THIRD AVENUE, CHULA VISTA beverages and drugs in the parking lot, and unnecessary littering at the Frontier Inn. Mayor Hamilton stated that the letter from Mr. Fox will be entered as part of the record. Complaint filed with Mrs. and Mrs. Fox stated that they filed a com- City Attorney plaint (!~arch 26) with City Attorney Lindberg. City Attorney Lindberg explained that the complaint is being processed under the noise ordinance violation. Motion to refer to staff It was moved by Councilman Egdahl and seconded by Councilman Scott that the matter be referred to staff with the request that a report be made next Tuesday evening (April 13). Police Department Mayor Hamilton asked to have included in the notification included motion that the Police Department be made aware of the problem. Motion carried The motion carried unanimously. Request for report It was moved by Councilman Hyde, seconded by from City Attorney Councilman Scott and unanimously carried that a report be made by the City Attorney regarding the chronology of the handling of this matter. Herb Lathan Mr. Lathan discussed the Cal-Vet bonds initiative 631 Carla Street which does not cost the taxpayers anything. He urged the Council to support Proposition 2 and that this be stressed to other elected officials. Mr. Ronald Hudson Mr. Hudson complained of a drainage problem 85 D Street on his property and asked that the City En- gineering Department make a study and see what can be done about it. He was concerned that there might be possible law suits if the problem is not corrected. Motion to refer to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this be referred to staff and that staff contact Mr. Hudson and find out what can be done. Will B. Johnstone, Jr. Mr. Johnstone stated that in December of last President, Chula Vista year, the Taxoayers Association sent a communi- Taxpayers Association cation to the City Council concerning the increase in public utility rates. Utility tax to be considered Mayor Hamilton explained that the staff has been at budget sessions directed to review the entire matter of the utility tax and to make a recommendation which will be considered at budget sessions. He added that this report will be made available to the Taxpayers Association. Paul A. Thompson Mr. Thompson presented a written request to the Police Officers Association Council for a waiver of fees and permit to hold a high-wire aerial show on April 14, 1976 at the Southwestern College stadium. He explained that City Council Meeting -3- April 6, 1976 the Association is a non-profit organization and that there will be no cost to the City. Motion to approve It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be approved if it falls within the policy that the City Council has set up (to be deter- mined by the City Manager). Mrs. Joy Short Mrs. Short expressed a concern relating to 839 Halecrest Drive Agenda Item 3la - (Setting public hearing for consideration of vacation of walkway in Halecrest Estates). She cited the crime report statistics for the area and said she felt the preliminary requirements of the Municipal Code should be met before this is set for a public hearing. Carol Smith Ms. Smith said she had brought her adult class 87 F Street to the meeting to introduce the students to "government in action". Motion to move It was moved by Councilman Hobel, seconded by Item 16 forward Councilman Scott and unanimously carried to move Item 16 forward on the agenda. 16. RESOLUTION - At the meeting of March 23, 1976, the Council PROVIDING FOR THE SPECIAL approved the participation of the City in the APPROPRIATION OF FUNDS TO Del Rey High School Restaurant Training Program SUPPLEMENT DEL REY HIGH for subsidy of meals served above an average of SCHOOL R£STAURANT TRAINING 150 per day, not to exceed a total of $500 PROGRAM through June 30, 1976. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, and as the appropriation of unappropriated funds requires a four-fifths vote, the motion failed by the fol- lowing vote, to-wit: Motion failed Ayes: Councilmen Hobel, Hamilton, Hyde NOES: Councilmen Scott, Egdahl Absent: None 4. PUBLIC HEARING - RESCHEDULED On January 13, 1976, the Council considered the CONSIDERATION OF APPEAL OF appeal of a conditional use permit to operate PLANNING COMMISSION APPROVAL a boarding house at 153 Brightwood Avenue. The OF CONDITIONAL USE PERMIT TO Council determined that the hearing should be OPERATE A BOARDING HOUSE AT continued to allow the staff time to develop 153 BRIGHTWOOD AVENUE regulations and criteria for boarding houses. The Council also asked staff to determine whether or not this conditional use permit fits the boarding house classification. Motion to continue Public It was moved by Councilman Hobel and seconded Hearing and schedule Council by Councilman Scott that the public hearing be Conference continued and that Agenda Item No. 32 (Report on standards for Boarding/Logding'hous~s and Community Households) be set for a Council Conference to discuss the various standards that are proposed by staff - the Council Con- ference to be set for April 8, 1976 at 4:00 p.m. City Council Meeting -4- April 6, 1976 Staff report not a part City Attorney Lindberg explained that the Appeal of the public ~earing was set for public hearing to consider input from the staff and Planning Commission. He said the staff report item should not be included as a preliminary to the public hearing since it is a staff item and cannot be considered as testi- mony ~r evidence or as a recommendation from the Planning Commission. Therefore, the report cannot properly become a part of the public hearing process. Motion carried The motion to continue the hearing and set a Council Conference on Item 32 carried unanimously. Motion for date for It was moved by Mayor Hamilton, seconded by public hearing Councilman Hobel that the public hearing be rescheduledfor April 20, t976. Planning Commission In answer to a question from Councilman Hobel, required to hold City Attorney Lindberg clarified that the matter public hearing of revising the existing comprehensive Zoning Ordinance to redefine "boarding house" and establish regulations for such land use is a matter of discussion and report from the staff. It will not be presented to the Council as a recommendation until the Planning Commission has conducted public hearings and made its rec- ommendation to the Council. Alternative suggested by Mr. Peterson remarked that the Council has the Director of Planning Peterson authority to consider the Conditional Use Permit at 153 Brightwood Avenue and to establish any condition of approval of that use that is found to be reasonable prior to Planning Commission action. Motion carried The motion to reschedule the public hearing to April 20 carried unanimously. Recess A recess was called at 8:06 p.m. and the meeting reconvened at 8:18 p.m. 5. a. PUBLIC HEARING - CONSIDERING At the meeting of March 9, 1976, the City Council A REVISED EMPLOYER-EMPLOYEE received a copy of a proposed Employer-Employee RELATIONS POLICY Relations Policy and heard a report from the staff. The Council directed that the matter be set for public hearing at this meeting and asked that staff provide additional information. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Sergeant Billy Cox, Mr. Cox referred to a written document submitted Chula Vista Police to the Council outlining portions of the policy Officers Association that the Association is opposing. He stated that a vital item - "trust" - is missing in the policy. He gave an example in quoting from City Manager's memorandum to the Council at the meeting of March 9 (Item 22a) - third paragraph on the first page - "These same revisions were also submitted to the League of California Cities' staff for review and comment," and Item 5 on the second page - "Any requirement for binding arbitration would abdicate local responsibilities and tend to subvert 'good faith' bargaining." A second example given was City Council Meeting -5- April 6, 1976 referenced as a communication from City Manager Cole to the Council on March 4, 1976 entitled "Management, Membership, and Benefits" quoting the last paragraph on the first page, "For the past several years, employee associations have been evolving from social organization toward hard core unions. Economic conditions and break- down of Communications have created increased militancy and polarization." Mr. Cox stated the Chula Vista Police OfficersAssociation takes exception to these statements. Council discussion Discussion followed by the Council regarding these statements and the concept of "trust" in the policy manual. Assistant City Manager Asmus and Assistant to the City Manager Wittenberg answered questions pertaining to the definition of "supervisory employee" in the middle management group and the provisions of "unit determination," to which the association is taking exception. Motion to continue hearing It was moved by Councilman Hyde and seconded by Councilman Scott that the hearing be continued to an adjourned Council Conference on April 22, 1976. Request for matrix Councilman Hobel asked if the staff could prepare summary a summary of the staff positions and the Associa- tion's positions in matrix form for the Council to review - a separate matrix for the Police and Fire Associations. Motion amended Councilman Hyde amended the motion to change the date and continue the hearing to Wednesday, April 21, 1976 at 3:00 p.m. in the Council Con- ference Room. The second agreed and the motion carried unanimously. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimeusly carried that the Consent Calendar' be approved and adopted. 6. RESOLUTION NO. 8106 - In accordance with Section 22932.5 of the Elections ORDERING THE CANVASS OF THE Code, the City Council may, "by resolution duly GENERAL MUNICIPAL ELECTION TO adopted prior to the date of the election, order BE HELD ON THE 13TH DAY OF the canvass to be made by the City Clerk prior APRIL 1976 TO BE MADE BY THE to the first Tuesday after the election." CITY CLERK OF THE CITY OF CHULA VISTA, CALIFORNIA 7. RESOLUTION NO. 8107 - At a Council Conference held March 10, t976, the DESIGNATING A MIDDLE City Council reconsidered a report from staff MANAGEMENT GROUP which outlined recommended Middle Management positions. The Council affirmed its desire to designate such a group. 8. RESOLUTION NO. 8108 - Following a report from the City Manager at the CANCELING THAT CERTAIN LOAN meeting of March 23, 1976 concerning the obliga- MADE TO THE SAN DIEGO COUNTY tion of the Starlight Center for the public ASSOCIATION FOR THE RETARDED, improvements installed on East Oneida Street, SOUTH BAy CHAPTER KNOWN AS the City Council elected to cancel the loan. STARLIGHT CENTER City Council Meeting -6- April 6, 1976 9. RESOLUTION NO. 8109 - The City Council has long supported the Cal-Vet SUPPORTING PROPOSITION 2 - program and since the housing fund for this CAL-VET BOND ISSUE program will be exhausted by the time of the June 8th primary election, the City Council has endorsed Proposition 2 which will allow for a refunding of the program. 10. RESOLUTION NO. 8110 - E1 Rancho del Rey Corporation has completed the APPROVING AND ACCEPTING PUBLIC public improvements for E1 Rancho del Rey Unit 3 IMPROVEMENTS IN THAT CERTAIN West. A final inspection was made and all work SUBDIVISION KNOWN AND DESIGNATED has been performed to the satisfaction of the AS EL RANCHO DEL REY UNIT 3 WEST Director of Public Works. ll. RESOLUTION NO. 8111 - Hydro-Mechanical Co., Inc., has completed the ACCEPTING PUBLIC IMPROVEMENTS - construction of the storm drain system on WHITNEY STREET STORM DRAIN, Whitney Street east of Hilltop Drive in ac- EAST OF HILLTOP DRIVE cordance with the contract dated October 23, 1975. 12. RESOLUTION NO. 8112 - Shacklett Construction Company has completed the ACCEPTING PUBLIC IMPROVEMENTS - construction of the Fourth Avenue storm drain FOURTH AVENUE STORM DRAIN SOUTH from "E" Street south in accordance with the OF "E" STREET contract dated January 22, 1976. (End of Consent Calendar) 13. RESOLUTION NO. 8113 - The Final Map for Hilltop Vista Subdivision is APPROVING AGREEMENT FOR THE being submitted to the City Council at this COMPLETION OF IMPROVEMENTS IN meeting for approval. HILLTOP VISTA SUBDIVISION Offered by Councilman Hobel, the reading of the Resolution offered text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 14. RESOLUTION NO. 8114 - Councilman Egdahl questioned the location of APPROVING MAP OF HILLTOP the bicycle paths. Director of Public Works VISTA SUBDIVISION ACCEPTING said it was the direction of Council that the ON BEHALF OF THE PUBLIC THE bicycle paths be a separate path on the north PUBLIC STREETS DEDICATED ON side of Telegraph Canyon Road in the improvement SAID MAP, AND ACCEPTING ON area but not in the pavement area. BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED Councilman Hyde asked if staff had given any ON SAID MAP WITHIN SAID consideration to a pedestrian sidewalk from the SUBDIVISION western terminus to Hilltop Drive and from the eastern terminus on Telegraph Canyon Road to L Street, and whether the School District had been approached concerning this problem. Director of Planning Peterson stated that the walkway was considered at the tentative map stage; the School Board has been approached, but in this particular case, staff felt it was unfair to make this a requirement for the developer. Motion for referral to It was moved by Councilman Hyde, seconded by staff and Safety Commission Councilman Scott and unanimously carried that the problem of a pedestrian walkway the length City Council Meeting -7- April 6, 1976 of Telegraph Canyon Road be referred to staff and the Safety Commission for study with a report back to Council within a period of three months. Councilman Scott also added the provision to the motion that a letter be written to the School District regarding this situation. 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, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 15. RESOLUTION NO. 8115 - At the March 23, 1976 meeting, a moratorium on IMPOSING A LIMITED MORATORIUM building permits in Sub-Area One of the pro- UPON THE ISSUANCE OF BUILDING posed Third Avenue Redevelopment Project was PERMITS WITHIN A PORTION OF discussed and Council directed that staff THE CITY OF CHULA VISTA solicit input from the established groups that represent the area. Letters were sent to the Parking Place Commission, the Chamber of Commerce, the Downtown Association and the Downtown Improvement District. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 16. (Item No. 16 - See page 3) 17. RESOLUTION NO. 8116 - At the Council meeting of March 23, 1976, a PROVIDING FOR THE SPECIAL resolution was presented to appropriate funds APPROPRIATION OF FUNDS FOR for purchase of audio-visual equipment from PURCHASE OF AUDIO-VISUAL cash gifts of the Stephen and Mary Birch EQUIPMENT Foundation. This resolution was denied and Council requested the Library pursue other means to use the Birch funds and initiate a new resolution requesting appropriation and transfer of funds from a Revenue Sharing Account. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None City Council Meeting -8- April 6, 1976 18. RESOLUTION NO. 8117 - The Equipment Maintenance Division within the AUTHORIZING THE EXPENDITURE Public Works Department has experienced sig- OF AN ADDITIONAL $48,815 IN nificant cost over-runs this fiscal year. This MONIES TRANSFERRED BY USING has been caused by a substantial increase in DEPARTMENTS TO ACCOUNT 5269 - equipment/vehicle usage and inflated costs for EQUIPMENT MAINTENANCE, parts and fuel. OCCASIONED BY COST OVER-RUNS BY VIRTUE OF CETA ACTIVITIES 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, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 19. RESOLUTION NO. 8118 - The City of Chula Vista operates a Sewer Service PROVIDING FOR THE SPECIAL Fund. Budget estimates for th~s fund are based APPROPRIATION OF FUNDS on information received from the City of San FROM THE UNAPPROPRIATED Diego Utilities Department. For thepast two B~LANCE OF THE SEWER years, the budget estimates have not closely SERVICE FUND INTO ACCOUNT coincided with actual costs which has re- 19-3340-5203 FOR MAIN- sulted in a budgeted deficit. It is necessary TENANCE AND OPERATION OF to appropriate an additional amount from the THE METROPOLITAN SEWAGE unappropr}ated balance of that fund. SYSTEM 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, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 20. INTERIM URGENCY ORDINANCE At the March 24, 1976 Couhcil Conference, Council NO. 1682 - AMENDING ZONING passed a motion pertaining to application of the MAP OR MAPS ESTABLISHED BY "H" Modifying District to the area east of 1-805. SECTION 19.18.010 OF THE The City Attorney prepared an interim urgency CHULA VISTA HUNICIPAL CODE, ordinance applying the "H" Modifying District REZONING THAT CERTAIN PRO- to this area. PERTY' LOCATED IN THE INCOR- PORATED LIMITS OF THE CITY OF CHULA VISTA EAST OF 1-805 AND PREZONING PROPERTY LOCATED IN THE UNINCORPORATED TER- RITORY EAST OF 1-805 PURSUANT TO SECTION 19.11.140, AS AN URGENCY MEASURE ON AN INTERIM BASIS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 19.11.130, REZONING AND PREZONING SUCH PROPERTIES BY ADDING Tr~ERETO THE "H" MODIFYING DISTRICT Council discussion Council discussion was held on the feasibility of applying the "H" designator to that area :zoned PJC. Motion carried It was moved Councilman Hyde and seconded by Councilman Scott that the Ordinance before City Council Meeting -9- April 6, 1976 Council be filed and that another Interim Ordinance be brought back to Council next week applying the "H" zone to the existing P-C. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent: None Addition to motion It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this matter be brought back to Council in two weeks - April 20th instead of April 13th. 21. RESOLUTION NO. 8119 - At the City Council meeting of March 23, 1976, REQUIRING THAT ALL SITE PLAN the Council directed that the P Modifying AND ARCHITECTURAL APPROVAL District be imposed on an interim zoning basis REVIEWS FOR PROPERTIES FRONTING on properties along Third Avenue between "H"and ON BOTH SIDES OF THIRD AVENUE "I" Streets and on "H" Street between Third BETWEEN "H" AND "I" STREETS and Fourth Avenues. AND ON I'H" STREET BETWEEN THIRD AND FOURTH AVENUES BE SUBMITTED TO THE CITY COUNCIL FOR FINAL REVIEW AND DECISION Resolution offered Offered by Councilman Hobel, the reading of the text was waived by uSanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 22. ORDINANCE NO. 1673 - On January 27, 1976, Council directed that no AMENDING ZONING MAP OR MAPS building permits be issued for a 63-unit town- ESTABLISHED BY SECTION ~.18.010 house project at 65-81 Third Avenue until OF THE CHULA VISTA CITY CODE, rezoning of the property had been considered. REZONING THAT CERTAIN PROPERTY On February 23, 1976, the Planning Commission LOCATED AT 65-81 THIRD AVENUE held a public hearing on the proposed rezoning FROM R-3-G to R-3-P-12 and concluded that the present R-3-G zone is inappropriate and recommended that the City Council rezone the subject property. Ordinance placed on It was moved by Counciqman Scott that this second reading and adopted ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the to-wit: following vote, AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 23. ORDINANCE NO. 1674 - The applicants have requested annexation to APPROVING THE ANNEXATION Chu~a Vista for three parcels of land for the TO THE CITY OF CHULA VISTA purpose of obtaining comprehensive city services. OF CERTAIN UNINHABITED The subject properties are located on the south TERRITORY KNOWN AND side of "L" Street bet~.~en Hilltop Drive and City Council Meeting -10- April 6, 1976 DESIGNATED AS CEDENO- Country Club Drive. This Ordinance was SKINNER ANNEXATION placed on first reading March 23, 1976. Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on second reading and adopted adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 24. ORDINANCE NO. 1675- The applicant requested annexation to Chula APPROVING THE ANNEXATION Vista for two parcels of land for the purpose TO THE CITY OF CHULA VISTA of obtaining comprehensive city services. The OF CERTAIN UNINHABITED subject properties are located on the east side TERRITORY KNOWN AND DESIG- of Hilltop Drive approximately 150 feet south NATED AS LECK~AN-MANNIS of "G" Street. This Ordinance was placed on ANNEXATION first reading March 23, 1976. Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance bepl~cedon second reading and adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 25. ORDINANCE NO. 1676 - The ordinance prepared by the City Attorney AMENDING SECTION lO.80.110 was intended to prohibit the parking of vehicles AND ADDING SECTIONS 10.84.010 in unfenced side yards which are adjacent to a THROUGH 10.84.030 OF THE CHULA street, as in a corner lot situation, and was VISTA MUNICIPAL CODE RELATING clarified by amending the language of the TO THE PROCEDURES FOR COLLECTING ordinance as follows "...removal of vehicles COSTS OF REMOVING ABANDONED VE- from private property in the front yard, un- HICLES fenced exterior side yard and parkway areas ..." This Ordinance was placed on first reading March 23, 1976. Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None City Council Meeting -ll- April 6, 1976 26. ORDINANCE NO. 1677 - This ordinance amends several street and side- AMENDING SECTIONS~12.12.080, w~lk sections of the City Code. These particular 1~2.12L090, 12.12.100, 12.12.110, sections pertain to the dropping of debris from and 12.28.030, SUBSECTION B, vehicles, storage of building materials in the OF THE CHULA VISTA MUNICIPAL public rights-of-way and the procedures for CODE, ALL RELATING TO THE controlling the above. This Ordinance was STORAGE OF MATERIALS AND RE- placed on first reading March 23, 1976. MOVAL OF OBSTRUCTIONS IN THE PUBLIC RIGHT-OF-WAY Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on second reading and adopted adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 27. ORDINANCE NO. 1678 - This ordinance updates the regulations relative AMENDING SECTION 17.24.050 to noise emission from swimming pool mechanical BY ADDING THERETO A NEW SUB- equipment and was placed on first reading March SECTION M AND REPEALING 23, 1976. SECTION 15.48.050 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO MECHANICAL PUMPING EQUIPMENT OF SWIM- MING POOLS AS LOUD, UN- NECESSARY NOISE Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on second reading and adopted adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Council~men Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 28. ORDINANCE NO. 1679 - At the present time, there is no specific AMENDING TITLE 2 OF THE Municipal Code regulation relating to the pro- CHULA VISTA MUNICIPAL CODE hibition against overdue books and other materials BY ADDING THERETO A NEW from the Library or the destruction of Library CHAPTER 2.70 RELATING TO property. This ordinance was prepared spe- THE REGULATION OF THE USE cifically to cover this problem and was placed OF PROPERTY OF THE CHULA on first reading March 23, 1976. VISTA~PUBLIC LIBRARY Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: City Council Meeting -12- April 6, 1976 AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 29, ORDINANCE NO. 1680 - Section 5.20.070 provides that each applicant AMENDING SECTIONS 5.20.070, for a work permit shall be issued one for a fee SUBSECTION B, AND 5.38.120 of $20 and the work permit is valid for one OF THE CHULA VISTA MUNICIPAL year. This Ord'i'nance was placed on first CODE RELATING TO FEES FOR reading March 23, 1976 CARDROOM EMPLDYEE WORK PER- MITS AND PAWNSHOP EMPLOYEE IDENTIFICATION CARDS Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 30. ORDINANCE NO. 1681 - On March 23, 1976, Council placed on first AMENDING ZONING MAP OR reading the ordinance to rezone 8.88 acres MAPS ESTABLISHED BY north of "E" Street and 5.40 ~cres south of SECTION 19.18.010 OF "E" Street, east of I-5, from C-V to C-V-P THE CHULA VISTA'CITY and R-3 in accordance with the Planning CODE, REZONING THAT Commission recommendation. CERTAIN PROPERTY CON- TAINING 8.88 ACRES LOCATED NORTH OF "E" STREET AND 5.40 ACRES LOCATED SOUTH OF"E" STREET, EAST OF I-5, FROM C-V TO C-V-P AND R-3 Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on second reading and adopted adopted and that the reading of the text be waived by unanimous consent. Motion carried The motion carried by the following vote, to-wi t: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 31. REPORTS OF THE CITY MANAGER a. (1) PEDESTRIAN WALKWAY- City Manager Cole submitted a written report HALECREST ESTATES stating that the staff had received numerous complaints from residents along the pedestrian walkway between Halecrest Drive and David Drive, and between Halecrest Drive and Berland Way. A public meeting was held on January 24, 1976 and the residents agreed that some City Council Meeting -13- April 6, 1976 sort of action on behalf of the City would have to be taken. After studying several alternatives in an attempt to remedy this problem, staff recommended a public hearing to be scheduled to consider the vacation of the walkway easement. a. (2) RESOLUTION NO. 8119 - Resolution offered by Councilman Scott that ELECTING TO PROCEED the public hearing be set for Tuesday, April UNDER THE PROVISIONS 27, 1976; reading of the text was waived by OF THE STREET VACATION unanimous consent, passed and adopted by the ACT OF 1941, DECLARING following vote, to-wit: THE INTENTION OF THE CITY COUNCIL OF THE AYES: Councilmen Scott, Hobel, Hamilton, CITY OF CHULA VISTA TO Hyde, Egdahl VACATE A PORTION OF A Noes: None PEDESTRIAN WALKWAY IN Absent: None HALECREST ESTATES 31. b. REPORT ON THE NUCLEAR At the meeting of March 2, 1976, staff was POWER INITIATIVE directed to bring back information on the Nuclear Initiative so that Council could determine their stand on this matter. A detailed report was given to Council by the City Manager. Motion to file and It was moved by Mayor Hamilton and seconded urge "No" vote by Councilman Scott that the report be accepted but that a "No" vote be urged on the Initiative. The motion failed by the following vote: Motion failed Ayes: Councilmen H~milton~!and ~be~ NOES: Councilmen Scott, Hyde, Egdahl Absent: None 31. c. DEDICATION OF TIFFANY PARK City Manager Cole announced that the dedication of Tiffany Park would take place on April 27, 1976 at approximately 4:30 32. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS Report on standards for (Item 32 - See page3) boarding/lodging houses and community households 33. MAYOR'S REPORT Stop sign - Second and Mayor Hamilton reported the absence of a stop Vance Streets sign at the corner of Second and Vance Streets and he asked staff to have one installed as soon as possible. Motion to continue present It was moved by Councilman Hyde, seconded by CPO Representatives Councilman Egdahl and unanimously carried that the present representatives to CPO for the City Council be reappointed: Councilman Hobel as delegate and Mayor Hamilton as alternate. City Council Meeting -14- April 6, 1976 REQUESTS AND STATEMENTS OF COUNCILMEN RETC employees Councilman Scott noted that at the last RETC meeting the policy regarding rehiring the disadvantaged was rescinded. Request for advance lease Councilman Scott stated that Mr. Niek Slijk payment - Chamber of Commerce of the Chamber of Commerce asked if it would be possible for the City to pay the $2,000 lease payment a few days in advance (without discount) for the old Chamber building. Motion to refer to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to staff for recom- mendation. Appointments to Mayor Hamilton stated he would look into the Housing Committee matter of appointments as soon as possible. Repair of tennis courts It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that staff be directed to look into providing wind screens at the tennis courts at Hilltop and Castle Park schools and that the fencing be repaired. Mr. Cole explained that the sealant which was applied to the surface of the courts was a choice of the schools and was applied by them - the City only paid its share of the cost; however, in the case of the wind screens, at that time there was no money available for the installation of screens. Staff will look into the matter of installing the screens and repairing the fencing. 34. WRITTEN COMMUNICATIONS a. Verified claim for damages - A verified claim for damages was received from Edward C. Lawson, Mr. Lawson in the amount of $50,000 for false 683 McAllister, San Francisco arrest and malicious prosecution. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the claim be denied and referred to the insur- ance carrier for investigation. damages - A verified claim for damages was received from b. Verified claim for Ba~b~ra Simas, 674 "L" Street Ms. Simas in the amount of $2,000 for accidental Chula Vista death of her dog at the Chula Vista Animal Shelter. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the claim be denied and referred to the insur- ance carrier for investigation. City Council Meeting -15- April 6, 1976 c. Application to file An application to file late claim - dated late claim - Carmella March 26, 1976 and received in the City Clerk's Munoz Ruiz, 1560 Coronado Office, Chula Vista, March 30, 1976 - was filed Avenue, Apt. 21, San Diego by Sergio Luis Lopez, attorney for Carmella Munoz Ruiz, for damages in the amount of $20,000 incurred by claimant on August 8, 1975 when she was reportedly assaulted and battered by a Chula Vista Police Officer. Late claim filing denied It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the late claim be denied. ADJOURNMENT Mayor Hamilton adjourned the meeting to the Council Conference scheduled for Thursday, April 8, 1976 at 4:00 p.m. JENNIE M. FULASZ City Clerk Deputy City Clerk ~ / Secretary