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HomeMy WebLinkAboutcc min 1976/03/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday March 23, 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, 276 Fourth Avenue, City Hall, Chula Vista, 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, Assistant Director of Planning Williams, Purchasing Aqent Espinosa, Director of Community Development Desrochers, Current Planning Supervisor Lee, Assistant to the City Manager Wittenberg, Citizens Assistance Officer Smith, Senior Librarian Rowe 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 Hobel, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of March 9, 10, and 11, 1976, be approved, copies having been sent to each Councilman. 2a. ALL STATES PROGRAM - City Attorney Lindberg, a native of Illinois, ILLINOIS read the Proclamation honoring the State of Illinois. The people in the audience from that State were asked to stand and introduce them- selves. {Mayor Hamilton arrived at this time) 2b. PRESENTATION OF SERVICE Mayor Hamilton presented a pin to David M. Bounds, PIN - DAVID M. BOUNDS Battalion Chief in the Fire Department, commending him on his 20 years' service with the City. 2c. OATHS OF OFFICE TO NEWLY- City Clerk Fulasz administered the Oath of Office APPOINTED CO~MISSI~NERS to the following newly-appointed commissioners: Robert Burke - Board of Appeals Edaar Tidwell - Board of Ethics Rudolfo David - Human Relations Commission William Houston - Muman Relations Commission Tomas Almaraz - Human Relations Commission ORAL COMMUNICATIONS James Matherly Mr. Matherly spoke against (1) having the trash 402 Oaklaw~ Avenue trucks in Chula Vista painted red, white and blue; (2) fundinq of Our House for legal clinic and service referral program; (3) senior service nutrition program at Del Rey High School. A1Manese Mr. Manese thanked the Council, on behalf of the 1366 Monterey Court South Bay Filipino Association, for appointing Mr. Rudolfo David to the Human Relations Com- mission. City Council Meeting -2- March 23, 1976 Joseph Scannicchio, President Mr. Scannicchio referred to his letter to Chamber of Commerce the Council dated March 11 in which he discussed Bills 3511 and 3512 stating that a number of bills have now been introduced by various Congressmen to amend or repeal sections 806.30 and 807.00 of the Tariff Code. Mr. Scannicchio said these changes would seriously affect the current employ- ment picture and urged the Council to express their concerns to the legislators in Washington. Presently the Chamber is in the process of working with a large hospital supply manufacturing concern to locate in Chula Vista. This is a Twin-Plant concept whereby the plant would be located in Chula Vista and the assembly work will be done in Tijuana. K. Niek Slijk, Manager Mr. Slijk said the matter was a simple one: Chamber of Commerce the labor unions are cnncerned about a few jobs that are performed in Mexico; if Rohr (for example) can employ people in Mexico, these people are p~id in American d61tars ~nd trade and buy in Chula Vista - 60% of the shopping centers' ~ross income comes from Mexico; there is the Opportunity ~o attract ~ndustry~i~Chula'Vista. Council discussion Council questioned the statistics related by Mr. Slijk and the time element in contacting the legislators. Motion to refer to It was moved by Counclman Hyde and seconded legislative committee by Councilman Egdahl that the matter be referred to the legislative committee and ask them to examine the legislation that is under discussion and report back to the City Council as soon as possible. Discussion of motion Mayor Hamilton asked that more latitude be given to the leqislative committee - if they feel the City should support the Chamber's request, they be allowed to draft the necessary telegrams and send them on. Councilman Egdahl suggested the legislative committee report to the Council at the Conference to be held tomorrow (March 24, 1976). He further suggested that Mr. Van Deerlin's office be contacted and ask them what the current status of the Bill is. Included in motion Councilman Hyde included in his motion to have the report back to Council at the Conference scheduled for Wednesday, March 24 at 4:00 p.m. Councilman Egdahl agreed to the second and the motion carried unanimously. 3a. PUBLIC HEARING - Current Planning Supervisor Lee explained that CONSIDERATION OF REQUEST F~R the precise plan for the Handyman Store at MODIFICATION OF PRECISE PLAN 1261 Third Avenue was approved in April 1973. AT HANDYMAN CENTER, 1261 A separate parcel (125' X 293') for a future THIRD AVENUE, BURGER KING building was shown on the plan fronting on Third Avenue. The Burger King restaurant chain desires to locate a restaurant on this parcel; therefore, a modification of the original precise plan is required. City Council Meeting -3- March 23, 1976 A written report was submitted to Council detailing the reouest and the staff's findings. On February 23, 1976 the Planning Commission recommended (1) that the Council find that in accordance with the Neqative Declaration and findings therein, the revision to the precise plan will not have any significant impact on the environment and certify that the Negative Declaration has been prepared in accordance with CEQA of 1970 as amended and (2) recommend amendment of the precise plan in accordance with conditions and findings as set forth ~n the Planning Commission Resolution PCM-76-4. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. 3b. RESOLUTION H~. ~g88 - Offered by Councilman Hobel, the reading of AMENDING PRECISE PLAN the text was waived by unanimous consent, FOR }~ANDYMN~ CENTER, passed and adopted by the following vote, 1261 THIRD AVENUE to-wit: AYES: Councilmen Hobel, Hamilton, Hyde E§dahl, Scott Noes: None Absent: None Further, the Council certifies that it has reviewed IS-75-85 and has considered the information in the Initial Study and finds that it has been prepared in accordance with CEQA and the Environmental Review Policy. 4a. PUBLIC HEARING - Current Planning Supervisor Lee explained CONSIDERATION OF CHANGE that on January 27, 1976, the Council dir- OF ZONE FOR PROPERTY AT ected that no building permits be issued 65-81 THIRD AVENUE FROM for a 63-unit townhouse project at 65-81 R-3-G TO R-3-P-12 Third Avenue until rezoning of the property had been considered. In a written report to the Council, Director of Planning Peterson gave the background of the proposed development and the zoning of of that property. On February 23, 1976, the Planning Commission held a public hearing on this matter and recommended that the City Council rezone the subject property from R-3-G to R-3-P-12 in accordance with the findings as set forth in their Resolution PCZ-76-A. Public Hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Speaking in favor of Speakinq in favor of the zone change were the zone change Newton Chaney, 292 Sea Vale Street; Mrs. Frank Sipan, 335 Kimball Terrace; Robert Nelson, 65 Third Avenue; Mrs. Rubin Powell, 318 Kimball Terrace. Mr. Chaneymade a slide presentation showing the area in City Council Meeting -4- March 23, 1976 question, the adjacent land use and history of the zoning. Other statements were: (1) existing density is too high; (2) devaluation of adjacent properties; (3) the traffic problem in the area; (4) application of the hillside ordinance to the property; (5) petition submitted to the Council on January 13; (6) noise factor relating to the proposed development; (7) rezone it back to R-l; (8) acceptance of R-3-P-12 as compromise. Speaking in opposition Speaking in opposition were: Truman Brooks, of proposed zoning realtor, representing ~lr. Bill Gentry and Bill Perkins, partners in the proposed development. He declared that Mr. Gentry bought the property in reliance upon the existing zoning, verified by the staff prior to purchase. Mr. Brooks asked the Council to consider: (t) the time spent with the Planning department staff in working out these plans; (2) the Planning Commission determination that the development would have no significant impact on the environ- ment (63 units); (3) investment of $30,000 by the developer based on his understanding of the support of the City. Mr. R. It. Woodward, former owner of the property, spoke in detail of the plans he had for the property (convalescent hospital and apartments) on which he spent ~$183,780. Council discussion Disucssion ensued as to the traffic problems, ingress and egress of property; investment made by Mr. Gentry; obligation on the part of the City; legality of granting waiver of park land fees. Correspondence made a It was moved by Councilman Scott, seconded part of record by Councilman F~de and unanimously carried that the correspondence from Truman Brooks, 287 "G" Street, Chula Vista be made a part of the record. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Recess A recess was called at 8:50 p.m. and the meeting reconvened at 9:03 p.m. 4b. ORDINANCE N0,1673 - It was moved by Councilman Hyde that this AMENDING ZONING MAPS ESTABLISHED ordinance be placed on its first reading BY SECTION 19.18.010 OF THE CITY and that the reading of the text be waived CODE REZONING THAT CERTAIN PROPERTY by unanimous consent. LOCATED AT 65-81 THIRD AVENUE FROM R-3-G to R-3-P-12 - FIRST READING Discussion of motion Councilman Hobel indicated that "some equity should be served" based on Mr. Gentry's investment in the property. Councilman Egdahl stated that it should be acknowledged that the City staff advised Mr. Gentry as to what he could do with the property as presently zoned and subsequently, it became apparent to the Council that it was a greater density than land use would suggest. Further, there was a mistake made City Council Meeti'ng -5- ~larch 23, 1976 made in not notifying the property owners in the area that the density was changed from one unit per 4,000 square feet to one unit per 2,500 square feet. City Attorney's Opinion In answer to Councilman Hobel's question, City Attorney Lindberg advised the Council that there can be no consideration of any payment to the property owner as previously suggested. Throughout zone changes, there have been enhancements to property valuations and devalues of properties. The present legal system does not provide for payment to the property owners because of zone changes. As long as the Council holds the hearing, listens to all testimonies, and reacts in a reasonable manner, its action is sustainable and there is no legal liability for any payment. As to a waiver of park land dedication fees, Mr. Lindberg said he would have to examine this question. Speaking against motion Mayor Hamilton spoke against the motion stating it was too late in the game for the City to change the zoning on the property when the developer is up to the stage of picking up his building permits. Motion carried The motion to place the ordinance on first reading carried by the following vote, to wit: AYES: Councilmen Hyde, Egdahl, Soott, Hobel Noes: Mayor Hamilton Absent: None Motion for staff report It was moved by Councilman Hyde and seconded by Councilman Hobel that the City Attorney and the City Manager be directed to investigate the legality and propriety of waiver of the park land dedication fees that are normally assessed against the property for this parti- cular development, and report back to Council. Motion carried The motion carried by the following vote, to wit: AYES: Councilmen ~de, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None ITEM 29e MOVED UP ON AGENDA It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that Item 29e: "Report on Del Rey Restaurant Training Program" be considered at this time. 29e. REPORT ON DEL REY City ManagerCole statedLhe wrotealetter to RESTAURANT TRAINING Mr. Rindone, Superintendent of the Sweetwater PROGRAM Union High School District and received the follo~ing requests: 1. City to fund 25~ subsidy for 150 meals through June 30, 1976 - $3,000 2. City to pay 255 subsidy for meals over an average of 150 meals per day - $500 3. City to share one-half the cost of the 150 meal subsidy - $1,500 City Council Meeting -6- March 23, 1976 In investigating this matter, Mr. Cole stated that no other city in the County sponsors such a program, and that Mr. Rindone stated in his letter that the District is prepared to continue support of the program through June 30, 1976, with or without outside financial assist- ance. It was the City Manager's recommendation that the City not fund this program; however, if the Council wishes to enlarge the program, then it may wish to consider alternative #2 in the amount of $500. Council discussion Councilman Scott indicated there is no demonstrated need for this program, no proof has been given that the meals are given to those people who would benefit nutritionally, and the project is basically for the training of students. Motion to deny project It was moved by Councilman Scott and seconded by Councilman Egdahl that the project be denied. John Fabrick, President Mr. Fabrick spoke in favor of the City granting Del Rey Seniors the request of the School District for $3,000. The majority of the people getting these meals are from Chula Vista; along with the program, the senior citizens are enjoying a social get together; graduate students from this program are getting jobs; indication that there will be no grants from Title 7 to support the project. Mr. Fabrick asked that City financial support be given so that the program can be continued through the summer. Substitute motion It was moved by Councilman Hyde and seconded by Mayor Hamilton that the Council accept alter- native #3 - that the City would share the cost of the subsidy equally with the school district up to a total of $1,500 for the balance of the year. r~otion challenged Councilman Scott stated the motion was inappro- priate because it changes the whole direction of the~iprlmar~' motion. Attorney's opinion Mr. Lindberg stated that the point of a substitute motion is to offer an alternative, The motion made by Councilman Hyde is an appropriate sub- stitute motion. Substitute motion amended It was moved by Councilman Hobel and seconded by Mayor Hamilton that the substitute motion be amended to take it to the $500 appropriation (alternative #2) which takes it through the remainder of the fiscal year and takes it to the maximum they could serve, and with that, the Council address itself at budget session toward a joint agreement with the school district for the following .fis'cal year, pred~ated upon' 'not g~ting the'Title 7 funds. City Council Meeting -7- March 23, 1976 Amendment to The motion carried by the following vote, motion carried to wit: AYES: Councilmen Hobel, Hamilton, Hyde Noes: Councilmen Scott, Egdahl Absent: None Substitute motion as The original substitute motion, now as amended, amended carried carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Hamilton Noes: Councilmen Egdahl, Scott Absent: None 4/5's vote needed Councilman Scott noted that a 4/5's vote is for appropriation needed for an appropriation of funds. City Attorney Lindberg stated he would prepare a resolution for Council action for the next meeting and if the vote on the resolution is 3 to 2, the motion to appropriate the $500 will not pass. C~NSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted with the exception of #7 (traffic signal projects under Federal Aid Urban Program). 5. RESOLUTION NO. 8089 - On March 9, 1976 the City Council conducted ORDERING THE VACATION OF TOYON a public hearing and directed that a reso- LANE, EAST OF CORTE MARIA AVENUE lution ordering the vacation of portions of Toyon Lane be prepared for adoption at this meeting. 6. RESOLUTION NO. 8090 - The latest requirement of the State Subdi- AUTHORIZING THE ~qAYOR TO vision Map Act is that all Parcel Maps EXECUTE OWNER'S CERTIFICATE have an ownership certificate signed by the ON PARCEL MAPS FOR CITY-OWNED legal owner. The Engineering Division is PROPERTIES doing land surveys on City-owned parcels and preparing Parcel Maps on a continuing basis. In order to record these maps, the Council must authorize the Mayor to sign the ownership certificate on behalf of the City. 8. RESOLUTION NO. 8091 - The contract covers the terms and conditions APPROVING EMPLOYMENT CONTRACT for hiring Mr. Adolph (Bud) Bigge, former FOR THE DIRECTOR OF PERSONNEL Director of Personnel for the City of San Diego, as this City's new Director of Personnel. 9. RESOLUTION NO. 8092 - If approved, the railroad crossing protection AUTHORIZING THE MAYOR TO fund will reimburse the City f6r 50% of EXECUTE AN APPLICATION FOR its cost or $4,475. Along with the appli- ALLOCATION OF FUNDS FROM THE cation will be a request that the PUC place CROSSING PROTECTION FUND BY this "F" Street crossing on District 11, THE PUBLIC UTILITIES COMMISSION CALTRANS' eligible list for federal crossing OF THE STATE OF CALIFORNIA IN AN protection funds. AMOUNT N~TTO EXCEED ONE-HALF OF THE ACTUAL COSTS OF THE CITY'S COSTS OF CONSTRUCTING PROTECTION FOR THE CROSSING ON "F" STREET WEST OF WOODLAWN AVENUE, MILE POST 36B-7.65-X-N City Council Meeting -8- March 23, 1976 lO. RESOLUTION NO. 8093 - The request is for an approval of an APPROVING AGREEMENT BETWEEN CITY agreement between the City and San Diego & AND SAN DIEGO & ARIZONA EASTERN Arizona Eastern Railway Company for instal~ RAILWAY COMPANY FOR CROSSING AT lation of warning devices on "F" Street WOODLAWN AVENUE AND "F" STREET immediately west of the intersection with MILE POST 36B-7.65-X-N Woodlawn Avenue. Thecrossin'g is for the spur track which runs easterly along the centerline of "F" Street which terminates at Broadway. On February 10, 1976, the City received an agreement from San Diego & Arizona Eastern Railway Company. The Railway Company furnished the City with an eight point cost estimate for the crossing which was $17,900. The City's share is 50% or $8,900. It was requested that the Council appro- priate and authorize the expenditure of $8,900 from the unappropriated balance of 2106 Gas Tax Funds. 11. RESOLUTION NO, 8094 - On February 11, 1976, Mr. and Mrs. Alfred APPROVING ENCROACHMENT Schmidt applied for an encroachment permit PERMIT NO. 76-5 to construct a retaining wall at 906 Buck- aroo Lane within a portion of the slope maintenance easement of Open Space District No. 3. The construction of the retaining wall is incidental to the construction of a swimming pool in the Schmidts' rear yard. 12. RESOLUTION NO. 8095 - The current budget provides for the purchase AUTHORIZING THE PURCHASE of nine (9) police patrol vehicles. The OF NINE (9) POLICE PATROL City is able to obtain the vehicles via a VEHICLES cooperative purchasing arrangement with the City of Los Angeles. The vehicles are the Plymouth intermediate size police specials with a unit price of $4,080.79. The total price including tax is $38,930.74. Budget estimate for the vehicles was $38,300; however funds have been transferred to Account 01-2140-5565 to cover the additional cost. (End of Consent Calendar) 7. RESOLUTION NO. 8096 - The Public Works Department is seeking AUTHORIZING THE MAYOR TO approval from Federal Highway Administration EXECUTE A RIGHT OF WAY for the following eight traffic signal CERTIFICATION FOR TRAFFIC projects: SIGNAL PROJECTS UNDER THE FEDERAL AID URBAN PROGRAM New Signals Fifth Avenue & "J" Street Fifth Avenue & "K" Street Industrial & "L" Street Signal Modernization Third Avenue & "L" Street (installation of left turn phase) New Pedestrian Signals Third Avenue & "E" Street Third Avenue & "F" Street Fourth Avenue & "K" Street Hilltop Drive & "I" Street City Council iMeefing -9- March 23, 1976 Council discussion Discussion followed concerning the signal- ization of Industrial and "L" Street, whether the City is committed to these projects because of the Federal Aid Urban funds, and whether the funds can be used to put the signals in other intersections. Director of Public Works Robens stated that the City is committed to these funds through the FAU process. 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, Sco~t, Hobel Hamilton, Hyde Noes: None Absent: None 13. RESOLUTION NO. 8097 - A written report was submitted by the Director DETER~tINING AND DECLARING of Public Works in which he explained that on THE PUBLIC NECESSITY FOR March 26, 1974, the Council accepted his ACQUIRING ADDITIONAL RIGHT- report for the overlay of J Street and modi- OF-WAY AT THE NORTHEAST fication of the easterly curb returns at the CORNER OF THIRD AVENUE AND intersections Of 5th, 4th and 3rd Avenues. J STREET AND AUTHORIZING THE The scope of the project is to modify the curb COMMENCEMENT OF CONDEMNATION returns to make the new drainage inlets operable PROCEEDINGS TO ACQUIRE SAID which were installed at the ultimate curb lo- RIGHT-OF-WAY cation. The Engineering Division has completed the design plans for the project. An additional 103 square feet of right-of-way must be acquired from Russell and Joyce Taylor, owners of prop- erty at 695 Third Avenue to accomodate the modification and new construction at this corner. An appraisal report of that right-of-way has placed a value of $5.75 per square foot or a fair market value of $600. Director of Public Works Robens added that the Taylors are unwilling to accept the $600, and it is his recommendation that the Council direct the City Attorney to commence condemnation proceedings to acquire the right-of-way. 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 14. RESOLUTION NO. 8098 - At its meeting of January 27, 1976, the City PROVIDING FOR TUE SPECIAL Council approved an agreement with OUR HOUSE and APPROPRIATION OF FUNDS FOR established the necessary budgetary accounts. IMPLEMENTATION OF OUR HOUSE In conjunction with that action, the Council DRUG ABUSE PREVENTION AND appropriated $25,000 to assist the contractor EARLY INTERVENTION PROJECT with expenses until Federal funds are received. City Council Meeting -10- March 23, 1976 The Director of Finance submitted a report in which he explained that the invoice for these funds will clear the Office of Criminal Justice Planning on March 18 and the receipt of the check to the City should take approximately three weeks after that. In the meantime, OUR HOUSE will need an additional $6,150 to meet necessary expenses through April 15, 1976. 'Resolution Offered Offered by Councilman Hobel, the reading of the test 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. 8099 Moreland Investment Company has petitioned the OPPOSING THE PROPOSAL TO County of San Diego for an amendment to the AMEND THE COUNTY GENERAL PLAN County General Plan in order to convert 3,400 IN THE VICINITY OF SAN MIGUEL acres of land, situated southerly and adjacent MOUNTAIN - THE PROPOSED BONITA to the Sweetwater Reservoir, and on the slopes MIGUEL COMMUNITY of Mother Miguel and San Miguel Mountains, from an area slated for Mountain Development and Rural Residential to an urbanized and largely self-sufficient townsite. This development could ultimately accommodate 10,000 dwelling units, 350 commercial/industrial acres and a population of 32,000 people. In a written report to the Council, Director of Planning Peterson analyzed the proposed development and concluded that the proposal would urbanize a portion of the South Bay's greenbelt preserve, sprawling the urban pattern of Chula Vista. Mr. Peterson added that this sprawl would place the order, amenity, and environmental quality of Chula Vista, Bonita, Sunnyside, and the Sweet- water Valle~ ih chronic jeopardy. 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 Council's comments Councilman Hobel felt that the resolution should reflect Council's opposition to Route 125. Mayor Hamilton commented that the resolution should mention the Council's stand that a sphere of in- fluence study be implemented and finalized, and that the County should provide a policy for the d~velopment of this type of land. Further, that development of urbanized areas should be required to be within the City and not just in county areas. City Council Meeting ~ll- March 23, 1976 Motion for staff It was moved by Councilman Hyde, seconded presentation by Councilman Scott and unanimously carried that the staff be directed to prepare a more comprehensive presentation of ~he City's position in regard to this matter, encompassing the remarks made by the Mayor, and that this position be made in person by a member of the City Council or staff at the County hearing when this matter is considered. 16. RESOLUTION Over a period of three years, the Library has PROVIDING FOR THE SPECIAL received cash gifts of $16,500 from the Stephen APPROPRIATION OF FUNDS FOR and Mary Birch Foundation. The funds were PURCHASE OF AUDIO-VISUAL deposited in Account #15-272, Donated Surplus. EQUIPMENT City Librarian Levine requested that these funds be transferred to Account #15-5568 for purchase of audio-visual equipment. Motion for purchase of It was moved by Councilman Hyde, seconded permanent article by Councilman Egdahl and unanimously carried that the money be concentrated in some parti- cular area or part of the library so that whatever is purchased will have a permanence and lasting quality which can be identified with the donor. In answer to Council'squestion, Mrs. Patsy Ro~e, Senior Librarian, explained that because of the impact of the media, it was decided to purchase the audio-visual equipment. This equipment will last several years. Resolution filed It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the resolution be filed. Motion to bring back It was moved by lqayor Hamilton, seconded by resolution Councilman Scott and unanimously carried that a resolution be brought back appropriatinq the funds to purchase the list of equipment stipulated under Exhibit "A" of the proposed resolution. Motion for law library It was moved by Councilman Egdahl that in light of the fact that there may be a County R~gional Facility which will include a number of court facilities and because of the anticipated influx of attorney§ in the area, that the Library staff and the City Attorney be asked to consider and make a recommendation to the Council to have part of the Library be used for a legal law library. City Attorney stated this is an area which will be explored with bond counsel for the South Bay Court Complex. ~!otion withdrawn Councilman Egdahl withdrew his motion. City Council Meeting -12- March 23, 1976 17. RESOLUTION Community Development Director Desrochers DECLARING MORATORIUM IN submitted a report in whi]ch he explained THAT SECTION OF THE THIRD that the Redevelopment area is at present AVENUE REDEVELOPMENT PROJECT somewhat in a "twilight zone" between AREAS KNOWN AS SUBAREA ONE former controls and those to be imposed under a redevelopment plan. In order to prevent development that is not consistent with the proposed renewal effort, he recommended a 9-month building moratorium for Subarea One (areas between "E" and "G" Streets). A letter from the Third Avenue Project Area Committee recommended that the Council enact this moratorium. Motion for continuance It was moved by Councilman Hyde and seconded by Councilman Hobel that this matter be postponed until the next Council Meeting and that the Downtown Association, Down- town Improvement District, Chamber of Commerce and Parking Place Commission be advised of this proposal. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hobel, Scott, Hamilton Noes: Councilman Egdahl Absent: Hone Motion for moratorium It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that there be a moratorium established (for that area) for the next two weeks (~p to the meeting date). Recess A recess was called at 10:25 p.m. and the meeting reconvened at 10:38 p.m. 18a. RESOLUTION NO. 8100 - Mayor Hamilton announced he will abstain DECLARING CITY'S INTENTION TO from discussion and voting in this matter ENTER INTO A JOI~IT POWERS due to a possible conflict of interest. AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE CREATION OF The following four resolutions have been A JOINT POWERS AUTHORITY TO prepared by the City Attorney tn accordance DEVELOP A SOUTH COUNTY REGIONAL with the actions taken at the joint City CENTER AT THE INTERSECTION OF Council/Board of Supervisors meeting held THIRD AVENUE AND "H" STREET IN on March 11, 1976. Both parties agreed THE CITY OF CHULA VISTA AND to enter into a joint powers agreement AGREEING TO PARTICIPATE IN THE and to share the responsibility for the ACQUISITION OF CERTAIN REAL purchase price in the amount of 25% ($444,087) PROPERTY AT SAID LOCATION AND less the $75,000 option payment less $14,235 APPROPRIATING THE SUM OF $354,851 representing 3/4 of the tax payments due TO CONTRIBUTE TO SAID ACQUISITION April 10, 1976 - a total of $354,851. This money is to be appropriated from the Special Capital Outlay Fund and Revenue Sharing Funds with the understanding that it will be reimbursed by a loan from the Redevelop- ment Agency, which in turn, the City would expect to repay from the bonds sold by the Joint Powers Authority. City Council Meeting -13- March 23, 1976 Council discussion A general discussion followed regarding the acquisition costs, Council's motion made at the meeting of March ll, 1976, commitment by the City, and how the figure of $354,851 was derived. Mayor Pro Tempore Scott indicated he would like to see one figure stated - and not stated that the City is involved in any real estate purchase. Motion for final figure It was moved by Councilman Scott that, at this time, the final figure be $354,851 as proposed by staff. No second to motion The motion died for lack of second. Discussion of motion The Council reviewed the minutes of the meetinq of March 11 and specifically, the motion made that "a resolution be drafted formalizing an offer on the part of the City of Chula Vista to participate in the cost of the acquisition of the property at Third Avenue and "H~' Street of which the City now has an option - with the City agreeing to pay one-fourth of the cost of such acquisition." City Attorney Lindber§ commented that it would be appropriate for the Council to direct the staff to meet with the County staff to explain the action being taken by the Council at this meeting. Motion for letter It was moved by Councilman Scott and seconded of explanation by Councilman Hyde that the staff write a letter to the County staff and the Board of Supervisors stating this dollar amount and how it was arrived at based on the one-quarter formula agreed upon and say this is the-amount Chula Vista is offering to have the courts and the other related facilities brought to Chula Vista and further, that Chula Vista consider~ this theamount to help in pur- chasing the property but not really partners as far as the purchase goes. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl, Hobel Noes: bone Absent: None Abstain: Mayor Hamilton Resolution offered Offered by Councilman Nobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Egdahl, Scott Noes: None Absent: None Abstain: Mayor Hamilton 18b. RESOLUTION NO. 8101 - This resolution is an assignment of the Option ASSIGNING THAT CERTAIN OPTION Agreement, as amended, to the County of San AGREEMENT DATED JANUARY 13, 1976 Diego. BETWEEN HARBOR MANAGEMENT COR- PORATION AND THE CITY OF CHULA VISTA TO THE COUNTY OF SAN DIEGO City Council Meeting -14- March 23, 1976 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, Egdaht Scott Noes: None Absent: None Abstain: Mayor Hamilton 18c. RESOLUTION NO. 8102 - This resolution approves the First Amendment APPROVING FIRST AMENDMENT to the Option Agreement extending it for a TO THE AGREEMENT BETWEEN one month period and appropriating the sum THE C~T¥ OF CHULA VISTA of $15,000 which is due to be paid the first AND HARBOR MANAGEMENT of April. CORPORATION FOR THIRD AVENUE AND H STREET PRO- PERTIES 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 Hnbel, Hyde, Egdahl Scott Noes: None Absent: None Abstain: Mayor Hamilton 18d. RESOLUTION NO. 8103 - This resolution appropriates the sum of APPROPRIATING $20,000 FOR THE $18,980.69 which will be needed to pay PAYMENT OF TAXES ON THE PROPERTY the taxes for which an installment is due AT THIRD AVENUE AND H STREET April 10, 1976. 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, Egdahl Scott Noes: None Absent: None Abstain: Mayor Hamilton 19. ORDINANCE NO. 1674 - Annexation has been requested for three APPROVING THE ANNEXATION TO parcels of land (0.7Tac~es)~or~the purpose of SAID CITY OF CERTAIN UNIN- obtaining comprehensive city services. The HABITED TERRITORY KNOWN AND properties are located on the south side of DESIGNATED AS CEDENO-SKINNER L Street between Hilltop Drive and Country ANNEXATION - FIRST READING Club Drive, and have been prezoned R-1. LAFCO approved the annexation dn March 1, 1976 and authorized the City to annex the territory without public hearing. Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Hobel, Hamilton Noes: None Absent: None City Council Meeting -15- March 23, 1976 20a. ORDINANCE NO. 1675 - The applicant has requested annexation APPROVING THE ANNEXATION to the City nf two parcels of land. (1.06 OF CERTAIN UNINHABITED acres) for the purpose of obtaining com- TERRITORY KNOWN AND DES- prehensive city services. The properties IGNATED AS LECKMAN-MANNIS are located on the east side of Hilltop ANNEXATION - FIRST READING Drive, approximately 150 feet south of G Street, and have been prezoned R-l-lO. LAFCO approved the annexation on March 1, 1976. The Planning Commission recommended approval on December 8, 1975. Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Hobel, Hamilton Noes: None Absent: None 2Ob. RESOLUTION NO. 8104 - To avoid dual charges for fire protection WITHDRAWING CERTAIN REAL services, the proposed annexation will have PROPERTY KNOWN AND DESIGNATED to be withdrawn from the Bonita-Sunnyside AS THE LECKMAN-MANNIS ANNEX- Fire Protection District under the pro- ATION FROM THE BONITA-SUNNYSIDE vision of Section 13952 of the Health and FIRE PROTECTION DISTRICT Safety Code. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Hobel, Hamilton Noes: None Absent: None 21. ORDINANCE NO. 1676 - The ordinance was intended to prohibit the AMENDING SECTION 10.80.110 parking of vehicles in unfenced side yards AND ADDING SECTIONS 10.84.010 which are adjacent to a street, as in a THROUGH 10.84.030 OF THE CHULA corner lot situation. This has been clarified VISTA MUNICIPAL CODE RELATING by amending the language of the ordinance TO THE PROCEDURES FOR COLLECT- to state: "...removal of vehicles from pri- ING COSTS OF REMOVING ABANDONED vate property in the front yard, unfenced VEHICLES - FIRST READING exterior side yard and parkway ~e~ ~reas..." The ordinance further specifies that the requirement applies in all zones. Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Hobel, Hamilton Noes: None Absent: None City Council Meeting -16- March 23, 1976 22. ORDINANCE NO. 1677 - The ordinance amends several street and AMENDING SECTIONS 12.12.080, sidewalk sections of the City code which 12.12.090, 12.12.100, 12.12.110 pertain to the dropping of debris from AND 12.28.030, SUBSECTION B OF vehicles, storage of building materials THE CHULA VISTA MUNICIPAL CODE in the public rights-of-way and the pro- ALL RELATING TO THE STORAGE OF cedures for controlling the above. MATERIALS AND REMOVAL OF OB- STRUCTIONS IN THE PUBLIC RIGHT- OF-WAY - FIRST READING Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None 23. ORDINANCE NO. 1678 - The requirements are: (1) mechanical equip- AMENDING SECTION 17.24.050 ment shall be located a minimum of 25 feet ADDING THERETO A NEW SUB- from any dwelling, or (2) the equipment SECTION M AND REPEALING shall be housed in a concrete or masonry SECTION 15.48.050 OF THE building with sound absorbing material, or CHULA VISTA MUNICIPAL CODE (3) the equipment shall be located below ALL RELATING TO MECHANICAL ground level. PUMPING EQUIPMENT OF S~I~MING POOLS AS LOUD UNNECESSARY NOISE - FIRST READING Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None 24. ORDINANCE NO. 1679 - The ordinance deals with overdue books and AMENDING TITLE 2 OF THE other materials from the Library or the de- CHULA VISTA MUNICIPAL CODE struction of Library property. BY ADDING THERETO A NEW CHAPTER 2.70 RELATING TO THE REGULATION OF THE USE OF PROPERTY OF THE CHULA VISTA PUBLIC LIBRARY - FIRST READING Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Hamilton Noes: None Absent: None City Council Meeting -17- March 23, 1976 25. ORDINANCE NO. 1680 - The ordinance specifies that each applicant AMENDING SECTIONS 5.20.070, for a work permit shall be issued same for SUBSECTION B, AND 5.38.120 a fee of $20 for a one year period with a OF THE C~IULA VISTA MUNICIPAL $5 renewal fee. CODE RELATING TO FEES FOR CARD- ROOM EMPLOYEE WORK PERMITS AND PAWNSHOP EMPLOYEE IDENTIFICATION CARDS - FIRST READING Ordinance placed on first It was moved by Councilman Hyde that this reading ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None 26. ORDINANCE NO. 1671 - The ordinance tightens up the enforcement AMENDING SECTION 2.16.030, of prohibitions against illegally placed SUBSECTIONS K AND L AND ADDING signs in the public right-of-way and adds A NEW SUBSECTION M, AND RE- this responsibility to the Director of Parks PEALING SECTION 2.16.060 OF and Recreation. CHAPTER 2 OF THE CHUL2 VISTA MUNICIPAL CODE ALL REI_ATING TO THE DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PARKS AND RECREATION - SECOND READING AND ADOPTION 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. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 27. ORDINANCE NO. 1672 - This new ordinance, while retaining strict REPEALING SECTIONS 5.26.240 regulations of the dances, does relax the THROUGH 5.26.440 OF THE CHULA requirements for having a police officer VISTA MUNICIPAL CODE AND ADDING present at all such affairs and allows a NEW SECTIONS 5.26.240 THROUGH greater degree of discretion to be excercised 5.26.430 RELATING TO THE REG- by the Chief of Police in regulating such ULATION AND CONDUCT OF YOUTH dances. DANCES - SECOND READING AND ADOPTION 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. City Council Meeting -18- March 23, 1976 The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton ttyde, Egdahl Noes: None Absent: None 28a. REPORT FROM PLANNING In a written report to the Council, COMMISSION ON PROPOSED Director of Planning Peterson reviewed the MODIFICATION OF ZONE background of this matter. On January 13, CHANGE AT I-5 AND 1976, the Council placed on first reading an "E'! STREET ordinance rezoning 8.88 acres of property at I-5 and "E" Street from C-V to C-V-P and R-3, excepting therefrom approximately two acres with plans in process for a Black Angus restaurant. The matter was referred back to the Planning Commission for report. On February 9, 1976, the Planning Commission reaffirmed their prior recommendation to include the Black Angus site in the C-V-P zone. 28b. ORDINANCE NO. 1661 - City Attorney Lindberg explained that the AMENDING ZONING MAP OR MAPS ordinance being placed on second reading ESTABLISHED BY SECTION 19~18.010 excludes the Black Angus restaurant from the OF THE CHULA VISTA CITY CODE, "P" zone. REZONING THAT CERTAIN PROPERTY CONTAINING 6.9 ACRES LOCATED Current Planning Supervisor Lee stated he SOUTH OF "E" STREET, EAST OF I-5, received a letter from Mr. Stevenson, Vice- FROM C-V TO C~V-p AND R-3 - President of Black Angus restaurants, SECOND READtNG AND ADOPTION agreeing to be part of the precise plan zoning. The recommendation of the Planning Commission is that the property be placed in the "P" zone so the entire area will be in the "P" zone. Ordinance filed It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the ordinance be filed. ORDINANCE NO. 1681 - It was moved by Councilman Scott that the AMENDING ZONING MAPS ordinance be placed on first reading. ESTABLISHED BY SECTION 19.18.010 OF THE CITY CODE, REZONING THAT CERTAIN PROPERTY CONTAINING 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 - FIRST READING Motion carried The motion which includes the Black Angus property in the "P" zone, carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None City Council Meeting -19- March 23, 1976 29. REPORTS OF THE CITY MANAGER a. REPORT ON PROPOSAL TO In a written statement, City Manager Cole EMPLOY STATE LEGISLATIVE explained that the California Coastal Plan REPRESENTATIVE ON CALI- has been submitted totheLegislature for FORNIA COASTAL PLAN drafting of a comprehensive Coastal bill LEGISLATION to implement the plan by statute. The complexity of the legislation makes it necessary for the City to contemplate the most feasible manner under which the proposed legislation can be analyzed and pursued to secure amendments that will have to be in- corporated before it can be realistically implemented. Motion for report in 30 It was moved by Councilman Egdahl, seconded days by Councilman Scott and unanimously carried that staff explore the matter further and report back in 30 days. b. REPORT ON WITHDRAWAL OF In response to LAFCO's refusal to recommend ARIZONA STREET ANNEXATION to the Board of Supervisors that the Arizona FROM THE MONTGOMERY FIRE Street Annexation be withdrawn from the PROTECTION DISTRICT Montgomery Fire Protection District in order to avoid double taxation of the property owners, the City Council directed the City Manager and the City Attorney to negotiate some mutually satisfactory agreement. In a written report, City Manager Cole stated that some progress has been made; however, it is recommended that the Council approve continued negotiations and that a date be set for a joint meeting of the City Council and the Fire District Board. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman I~yde, that the report be accepted, but include in the delegation the Mayor or Vice ~ayor (in continued negotiations). Clarification by City City Manager Cole explained that as soon as Manager Cole the approach to the "automatic response" can be worked out, it would be appropriate for the Council to hold a joint meeting with the Fire Protection District Board and discuss the matter further. Suggestion for inclusion Councilman Scott suggested that having the in motion two bodies meet should be included in the motion. Motion carried The motion carried unanimously. c. REPORT ON REORGANIZATION Early in 1976, the County Board of Supervisors OF COUNTY OFFICE OF EMER- directed their staff to develop a phase out GENCY SERVICES plan for the Office of Emergency Services (OE$) but retain such beneficial aspects as the Surplus/Excess Property Program. Inca written report, City Manager Cole recommended that the current arrangement be maintained, but that the County be supported in the effort to reduce costs ~therever possible. He suggested that the City support the general conclusions and recommendations contained in the County staff report under date of February 3, 1976. City Council Meeting -20- ~arch 23, 1976 Motion to accept report It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the report be accepted, d. REPORT ON STARLIGHT The Chamber of Commerce requested the Council CENTER LOAN to relieve the Starlight Center of its ob- ligation of $10,347.91. In a written statement, City Manager Cole reported that the monies used for the improvements abutting the Starlight Cen~er property were 2107 Gas Tax Funds which can be used for any street purposes; hence, the improvements made are all legitimate gas tax expenditures. Motion to forgive loan It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council forgive the loan. e. REPORT ON SWEETWATER (See page 5) UNION HIGH SCHOOL DISTRICT RESTAURANT TRAINING PROGRAM REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 30. REPORT ON ORANGE AVENUE At the meeting of February 17, 1976 the City AND LOMA LANE FOUR-WAY Council referred to staff a petition for a STOP STUDY four-way stop at Orange Avenue and Loma Lane. Director of Public Works Robens reported that the staff study shows it is not in the best interest of traffic (both vehic- ular and pedestrian) safety to install a four-way stop at this intersection at this time and recommended denial. Motion to accept staff It was moved by Councilman Scott, seconded recommendation by Councilman Hyde and unanimously carried that staff recommendation be accepted. 31. REPORT ON SAFETY COMMISSION'S The City Council referred a request to staff REVIEW OF SITE PLANS from the Safety Commission to amend Reso- lution No. 6772 regarding the Council's policy on the Safety Commission's review of site plans. Director of Public Works Robens said in a written report that after evaluation of the records, it is recommended that Resolution No. 6772 be retained as presently written. Under this resolution the site plans or precise plans will be referred to the Safety Commission, if, in the opinion of the staff, the plan creates possible hazardous conditions to vehicles or pedestrians in the public right-of-way. Motion to accept report It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff recommendation be accepted. 32. REPORT ON REVIEW OF PROPOSALS Pursuant to Council direction, the Consultant FROM CONSULTANTS ON STUDY OF Selection Committee on the Rice Canyon Study 450 ACRE RICE CANYON AREA has narrowed the field from the original 17 firms to three finalists. In a written ~ummary, Director of Planning Peter~on said it is recommended that the Council authorize interviews with representatives of the top three firms and that they be informed that the Council may cut this budget. City Council Meeting -21- March 23, 1976 Motion to accept staff It was moved by Councilman Scott and seconded recommendation by Councilman Itobel that the staff recom- mendation be accepted and interviews held with the final three; and in addition see if the City banks are willing to participate at the same time. Discussion of motion Councilman Hyde commented that he thought it might be useful if the Council advised the staff how much money the City Council is willing to spend on a consultant for this program. Mayor Hamilton suggested that the same type of study be made as was done on the waterfront which would be less expen- sive. Comments by Assistant Assistant Director of Planning Williams Director of Planning Williams explained that there are three parts to the study: (1) conceptual plans, (2) economic data, and (3) detailed plans to be drawn. Addition to motion Mayor Hamilton asked that the motion include acceptance of staff recommendation to inter- view the top three and determine a specific dollar amount; to revise the scope of the work with the figures brought back to Council; and to delete that portion requiring detailed plans. Clarification of motion Councilman Hyde clarified the motion stating that what the Council wants is concept, land use and economic analysis. Motion carried Councilman Scott agreed to include all this in his original motion; Councilman Hobel agreed to the second and the motion carried unanimously. 33. STATUS REPORT ON TRAFFIC STUDY Director of Public Works Robens reported that the City has received the first computer printout for traffic assignments on the City's street network. Corrections have been made and a second printout is being prepared. If the revised r~sults are realistic, a formal presentation will be made to the Council. Motion to accept report It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. 34. REPORT ~EQUESTING RECONSIDERATION On March 3, 1976 Council asked the Planning OF A REZO~ING INITIATED BY COUNCIL Commission to study the possibility of ON MARCH 3, 1976 rezoning properties along 'qY' Street between Third and Fourth and along Third Avenue between "H" and "I" Streets to the "P" Modifying District. Assistant Director of Planning Williams explained that the Third Avenue Redevelopment Plan may be completed and adopted before a rezoning process could be completed. Council Concerns Councilman Hobel reaffirmed his concern that the Council review void areas from Glover down to Fourth Avenue. t~e said he would stay with his original motion that the "P" Modifying District be put on those properties along "H" Street up Third to "I" Street. City Council Meeting -22- March 23, 1976 Motion for ordinance for Councilman Scott moved that an ordinance interim zone designation be drafted (in two weeks) providing for an interim precise zone which is good for 90 days for that area between Fourth and Third On "H" on both sides of the street, and between "H" and !'I" on Third on both sides of the street. The motion was seconded by Councilman Hobel and carried unanimously. 35. REPORT AND RECOMMENDATION ON Director of Planning Peterson, in a written THE NEED FOR ESTABLISHMENT OF statement, explained that the Planning Depart- A MINIMUM HEIGHT LIMIT IN THE merit has done extensive research in an effort R-3-H ZONE to synthesize a city planning definition of "high-rise buildings." It is the recommenda- tion of the staff that this be referred to the Planning Commission for its consideration of a zoning text amendment which would establish 5 stories as the minimum building height limit in the R-3-H zone. Motion to accept report It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted and the matter re- ferred to the Planning Commission. REPORT OF CITY ATTORNEY LINDBERG City Attorney Lindberg commented on the ini- tiative proposal on the repeal of the Utility User's Tax. He explained that the proponents have become aware that since the Utility User's Tax is a tax to meet the current needs of the City, it is not subject to the initiative pro- cess. He further commented that when the tax was adopted in July of 1970, he gave a written opinion to the Council that the tax was not-sub- ject to referendum process and that also ehcompassed the question of the initiative process. That opinion has been available to the public since July, 1970 and no attempt has been made to conceal the fact that it would be the recommendation of the City Attorney's Office that should petitions be presented to the Council for an initia- tive measure, that the City Clerk should reject them. 36. RECOMMENDATION FOR COUNCIL The Association of Environmental Professionals SUPPORT, IN CONCEPT, OF THE has submitted to the state legislators proposed PROPOSED ASSOCIATION OF EN- amendments to CEQA to streamline the Environmental VIRONMENTAL PROFESSIONALS' Review Procedure. At the meeting of February 26, AMENDMENTS TO CEQA the Commission voted 5-0 to "recommend to the City Council that they prepare a resolution adopting, in concept, AEP's recommendations of CEQA ameddments." Council discussion Mayor Hamilton stated he felt there are changes that need to be made and asked that the Attorney's Office and the City Manager's Office comment on these necessary changes. City Council Meeting -23- March 23, 1976 Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this be referred to staff and a report to be brought back to the Council. ~.~YOR'S COMMENTS Mayor Hamilton said be had received a request from Attorney Roger Hedgecock asking if the City Council wishes to participate as amicus curiae in the Superior Court decision on the shopping center in connection with the Bonita Golf Course. Motion for amicus curiae It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council be "friends of the Court". Smoke detectors It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that staff investigate whether requirements can be instituted in the City of Chula Vista to have smoke detectors installed in older homes more subject to fire. Letter to be sent ta Councilman Scott suggested that a letter be sent Mr. Tom Emmons to Mr. Tom Emmons informing him of the Council's action. COUNCIL COMMENTS MTDB-CPO Memorandum of Councilman Hobel reported that the Federal Understanding authorities from U~A will be in San Diego in two weeks. All agencies and Councils are invited, together with San Diego Tran§it and MTDB, to attend the presentation. Letter from Department Councilman Egdahl requested that staff follow of Transportation up on the letter received from the Department of Transportation - CALTRANS - regarding the signalization of north 1-805 ramps and Telegraph Canyon Road. 37. WRITTEN COMMUNICATIONS a. Verified claim for damages - A verified claim for damages was received from Norman Alexander N~elson Mr. Nielson in the amount of $15,000 for an 4556 Altadena, San Diego alleged assault by Chula Vista Police Officers. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde. and unanimously ~arried that the claim be denied and referred to the insurance carrier for investigation. b. Request from Chula Vista The Chula Vista Downtown Association requested Downtown Association that the ordinance regulating sidewalk sales be waived on May 21 and 22, 1976 so that they may sponsor a Spring Arts and Crafts Festival, and that the street ~weeping be done on the early morning of May 21 or late evening of May 20. City Council Meeting -24- March 23, 1976 Motion to approve request It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the City staff be allowed to make necessary decisions and set up criteria allowing the waiver and street sweeping. c. Request for Council Council received a letter from the Citizens endorsement of Proposition for Cal-Vet Housing Proposition 2 requesting 2 on the June 8 ballot - Council support of Proposition 2 on the Citizens for Cal-Vet June 8 ballot concerning the 1976 Cal-Vet Housing Proposition 2 bond issue. Motion to support It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Council support the Proposition. ADJOURNMENT Mayor Hamilton adjourned the meeting at ll:40 p.m. to the Council Conference scheduled for Wednesday, March 24, 1976 at 4:00 p.m.