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HomeMy WebLinkAboutcc min 1976/02/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday February 17, 1976 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen 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 Parks and Recreation Hall, Citizens Assistance Officer Smith, Director of Finance Grant The Colors were presented by a group of Girl Scouts and Brownies. After the pledge, the audience joined the girls in singing "My Country Tis Of Thee." 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 by those present that the minutes of the meeting of February 10, 1976 be approved, copies having been sent to each Councilman. 2. a. ALL STATES PROGRAM - Mayor Pro Tempore Scott read the Proclamation FLORIDA saluting the state of Florida in this Bicenten- nial Year. A short history of the state was read and the people in the audience from Florida were asked to introduce themselves. b. QUARTERLY REPORT - "Our House" presented its report for the second OUR HOUSE quarter of FY 1975-76 along with a description of their programs, related statistical infor- mation, financial statement and a newsletter. Motion to accept It was moved by Councilman Hobel and seconded report by Councilman Hyde that the report be accepted. Union Speaker Councilman Egdahl questioned Ms. Newhouse on the rationale for having a speaker from the Hnited Farm Workers Union on February 10, and an ad boycotting the purchase of grapes, lettuce or Gallo Wines not having a United Farm Workers label. Ms. Newhouse, Administrator of "Our House" explained that they belong to the Community Congress of San Diego which has a membership of 80 agencies. This Congress supports this kind of issue. "Our House" generally stays out of political issues, but if they feel it is a cause, they will support it - such as the rape coalition. Councilman Egdahl questioned the use of City and Federal funds to support "Our House" which, in turn, advocates support for other agencies. City Attorney Lindberg stated that none of the City funds should be attributed to political activities. He suggested that the Council, by formal motion, disassociate itself from that element of the report and indicate that there should be no such activities undertaken by City Council Meeting -2- February 17, 1976 the "Our House" group in their association with legally activists' groups. Amended motion It was moved by Councilman Hyde and seconded by Councilman Hobel that the motion be amended to include the suggestion offered by the City Attorney: That the activities of "Our House" be disassociated from specific support for specific political entities. (Mayor Hamilton arrived at this time - 7:15 p.m.) Motion carried The motion carried by the following vote, to-Wit: AYES: Councilmen Hyde, Hobel, Scott Noes: Councilman Egdahl Absent: None Abstain: Mayor Hamilton Explanation of Programs Ms. Newhouss presented the council with pamphlets of "Our House" activities, explaining their funding operation, and probation school. Main motion carried The motion to accept the report, as amended, carried unanimously. c. PRESENTATION OF CPO Dr. Darwin Stuart of Barton-Aschman Associates, STUDY OF SAN DIEGO - Inc., discussed and explained the study. The LOS ANGELES CORRIDOR transportation study is sponsored by three agencies -- an inter-regional study that involves not only CPO but its equivalent in Los Angeles area - Southern California Association of Governments (SCAG). The lead agency is CAL- TRANS. The study ha~ bean underway now for one year. Mr. Stuart declared that the study is multi-modal in nature and discussed the five different modes of transportation considered: Highway, air, inter-city bus and trailways, Amtrak or rail, and a high-speed water mode. Mr. Stuart commented that there are now twenty- one improvement alternatives which will be reduced to six. There are approximately three months left for the report. A conclusion of the study is that rail is a high cost mode for improving the level of service significantly. ORAL COMMUNICATIONS 3. TRASH SERVICE AT LA Mr. Dick Chase, Chula Vista Sanitary Service,  BELLA PIZZA explained that his company is willing to pick up the trash at the restaurant six days a week along the curbside for $30 a month. If the trash is bagged or covered and the pickups made at a definite time, there would be no problem with the County Health Department. Joseph Raso Mr. Raso indicated that there have been times 157 Murray when the trash pickup man would not take the Chula Vista trash as it was too heavy to load on the truck. If his tramh could be picked up six days a week, that would solve 90% of his problem. Mr. Raso added that he would like to have this in writing from Mr. Chase. City Council Meeting -3- February 17, 1976 George Morrison Mr. Morrison thanked the Council for eliminating 183 Mankato the hazardous trees on the Mankato-Whitney circle. He asked that another tree on his prop- erty - the one by his sewer line - be removed. Mr. Morrison said he is also speaking for Lt. Commander Chuck Burkhart -- three of his trees were taken out and one remains. Mrs. B. Sykes Mrs. Sykes asked that the one remaining tree on 173 Mankato her property be removed and replaced with another tree. John Ritwigger Mr. Ritwigger asked that the remaining trees 110 Mankato Street on his property be removed and new trees planted. Director of Public Works Robens stated he would take another look at the trees on this Circle, and specifically those mentioned tonight. 4. PUBLIC HEARING - (Cont'd) On the advice of the City Attorney, Councilman REQUEST OF BAY CITIES Hyde stated he was abstaining from discussion AMBULANCE SERVICE FOR and vote on this matter due to a possible AN INCREASE IN RATES conflict of interest. This hearing was continued to allow staff time to evaluate additional financial data to be furnished by the company. City Manager Cole submitted a written report explaining that the Director of Finance and the Assistant City Manager reviewed all the company's financial data available. Based on this review and the increased costs of insurance, salaries, and vehicle gas and oil, it was their recom- mendation that the increase in rates be approved. Public hearing opened This being the time and place as advertised, the public hearing was opened. Emily Ritter Mrs. Ritter said she would like to see the 339 Patricia Avenue Council put the ambulance service out to bid -- Chula Vista it has been going on since 1967 and the arrange- ment violates her constitutional rights. People should have the right to call the ambulance of their choice. National City with approxim- ately 45,000 people has four ambulances, and Chula Vista should have this right. Robert Spradley Mr. Spradley said he is the President!~of'the 4318 47th Street San Diego County Ambulance Association and San Diego encouraged approval of the rate increase request. Council Discussion The Council d~scussed with Mr. Spradley the ambulance services in the other cities in San Diego County. Ruth Chapman Mrs. Chapman declared that she has never heard 8 Sierra Way an uncomplimentary word about the service. The Chula Vista staff is adequately trained, and in the high school district, this firm services 18 games free of charge. Frederick A. R. Drew Mr. Drew stated that the issue before the Council 1275 Banner Avenue was an increase in rates - not the issues brought Chula Vista up by the previous speakers. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting -4- February 17, 1976 Steve Ballard In answer to Council's questions, Mr. Ballard 635 Landis Avenue explained that the policy of Bay Cities is that Chula Vista they transport the patient to the hospital of his choice. If there is a life/death situation, the patient is transported to the nearest hos- pital. In a non-emergency situation where the patient does not have a preference for a hos- pital, he is transported to Bay General in odd months and to Community Hospital in even months. Motion for approval It was moved by Councilman Hobel, and seconded of rate increase by Councilman Scott that the City Attorney bring back a resolution incorporating these proposed rate increases. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: None Abstain: Councilman Hyde Ambulance Contract In answer to Councilman Scott's query, City Attorney Lindberg explained that this is a one- year contract but does not terminate at the end of one year - it is a continuing contract and does not need to be renewed each year. Councilman Scott felt the Council should review all franchises on an annual basis. Steve Ballard Mr. Ballard declared that the Council has to look at need and necessity. For over 90% of the time, Bay Cities operates in Chula Vista with two ambulances. Mr. Ballard explained the number of staff, hours of operation, and service to the City. Dangerous intersection at He asked that the City staff look at the inter- Broadway and Chula Vista section of Chula Vista Street and Broadway, as Street four people have been struck here in the last month, all of whom were seriously injured. Motion for franchise It was moved by Councilman Scott, seconded by review Mayor Hamilton and unanimously carried that the franchise be reviewed on an annual basis. 5. a. PUBLIC HEARING - Director of Planning Peterson submitted a CONSIDERATION OF AMENDMENT written report detailing the background of TO MUNICIPAL CODE RELATING this Code amendment. TO PARKING REQUIREMENTS FOR GARAGE CONVERSIONS Mr. Peterson indicated that the advantages of requiring a replacement garage are (1) clean, uncluttered neighborhoods, and (2) it tends to enhance traffic and pedestrian (small children) safety. The disadvantages are (1) that it removes a relatively inexpensive method of creating additional living area and (2) it may cause illegal conversions. On November 24, 1975, the Planning Commission voted to certify IS-75-74 and on January 12, 1976, voted to recommend that the Code be amended to require offstreet parking spaces behind the front setback in the event of a garage conversion. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. City Council Meeting -5- February 17, 1976 Speaking in opposition Speaking in opposition to the proposed amendment were: Bobbie Morris, 862 Cedar Street; William Edwards representing the Chamber of Commerce, Margaret Helton, 162 Mankato Street, Sid Morris, 862 Cedar Street; Mr. Workman, 1648 Oleander; Clarence Knight, 117 Jefferson Avenue; Frederick A. R. Drew, 1275 Banner Avenue. They listed their reasons as: (1) it is extremely discriminatory; (2) it doesn't hurt the large homeowner who has a lot of property - it hurts the small homeowner; (3) most small homes in Chula Vista cannot have a garage in front because the home is built on the setback; (4) there is twenty two foot minimum width required between driveways which means the first driveway would have to be dug up and the curbs replaced; (5) it imposes a hardship on the low-income and middle-income families; (6) a person should do whatever he wants with his own property; (7) there is a five foot setback requirement on either side of a house and many homes have been built in the community under this restriction -- there would be no way possible they could reach their back yard; (8) a majority of the homes on '~L" Street and Naples, and between Hilltop and 1-805 have carports - many of the carports have been converted into rooms; (9) 70% of the homeowners do not park their cars in their garages~ (10) ordinance should be changed to require people to provide adequate offstreet parking in the event of a garage conversion; (11) the ordinance amendment is not designed to accommodate the taxpayer - it is designed to create more work for the building contractors. Letters of opposition It was noted that letters were received from the Broadway Association, Taxpayers' Association, and Chamber of Commerce opposing the proposed amendment. Public hearing closed There being no further comments, either for or agains~ the hearing was closed. Council comments Councilman Hyde spoke of the need for this standard, citing the past and existing ordinances which led up to this public hearing. Councilman Scott discussed the two-car garage requirement, which is required by FHA. Councilman Hobel spoke in opposition indicating it would be a heavy burden on the taxpayer. Mayor Hamilton agreed commenting that "a man's home is his castle" and there should be someplace that a person has the right to do what he wishes to do without all-governing bodies standing over him. Councilman Egdahl asked the City Attorney if garages could be converted and adequate storage be provided, is it possible to tie to that an annual review so that the Council could see those situations where this is being done. Recess A recess was called at 9:07 p.m. (tape break) and the meeting reconvened at 9:15 p.m. In answer to Councilman Egdahl's question, City Attorney Lindberg answered that it would not be necessary to incorporate this review condition onto the motion - the staff could be directed to provide that information. City Council Meeting -6- February 17, 1976 Motion to file It was moved by Councilman Hobel and seconded by Mayor Hamilton to file consideration of any amendment. Discussion of motion Councilman Scott felt that the Council should act on the item. Motion withdrawn Councilman Hobel withdrew his motion; Mayor Hamilton agreed to the second. Motion to accept It was moved by Councilman Hyde that the staff's staff's recon~nendations recommendation be accepted, to-wit: (1) that the City Council finds that this project does not have any possible significant impact on the environment and certifies the Negative Declaration for this proposed change to the zoning ordinance, (2) that an amendment te the zoning ordinance requiring a new enclosed garage if the existing one is converted be adopted as indicated in Exhibit 2 (in staff's report). No second to motion The motion died for lack of second. Motion to accept Planning It was moved by Councilman Scott and seconded Commission's recommendation by Councilman Hyde that the Council finds that this project will not have any possible signifi- cant impact on the environment and certifies the Negative Declaration (IS-75-74), and if there is any conversion of garages, there be a requirement of offstreet parking spaces behind the front setback (which is the Planning Com- mission's recommendation [Bxhibit 1]). Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: Councilmen Hobel, Hamilton Absent: None b. ORDINANCE It was moved by Councilman Scott that this AMENDING SECTION 19.62.190 ordinance be placed on its first reading and OF THE MUNICIPAL CODE that the reading of the text be waived by RELATING TO RESIDENTIAL unanimous consent. PARKING - FIRST READING The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl Noes: Councilmen Hobel, R~amilton Absent: None Moratorium Mr. Petarson asked if the Council wished ~ rescind the moratorium on garage conversions. Councilman Scott commented that this would be automatically lifted on the effective date of the ordinance (30 days after the second reading). Discussion continued After item #8 on the agenda, the Council con- tinued discussion of this matter questioning the Director of Planning about the existing ordinance and Planning Department procedure. Mr. Peterson explained that the existing ordinance allows the Zoning Administrator to authorize parking within the front setback area. As a matter of pratice, the Zoning Administrator has never denied that. The ord- inance placed on first reading tonight is a "tightening up" of the existing ordinance. City Council Meeting -7- February 17, 1976 Council discussion Discussion ensued regarding the existing ordinance, procedures of the Zoning Administrator, the number of conversions within the past few years, and whether the ordinance, as adopted tonight, would be adequately effective. Motion to reconsider It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this matter be reconsidered. Motion for existing It was moved by Councilman Egdahl, and seconded ordinance by Councilman Scott that the existing ordinance remain as is with a provision, if it is not already there, for architectural compatibility by the Planning Director (Zoning Administrator). Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: Councilman Hyde Absent: None 6. RESOLUTION NO. 8056 - Joseph V. Busch has submitted a request for ELECTING TO PROCEED UNDER the vacation of portions of Toyon Lane east of THE PROVISIONS OF THE Corte Maria Avenue. The existing right-of-way STREET VACATION ACT OF is eighty feet and was dedicated as a portion 1941 DECLARING THE of "E" Street. However, when "E" Street was INTENTION OF THE CITY extended, this portion of the street was named COUNCIL TO VACATE Toyon Lane and is classified as a residential PORTIONS OF TOYON LANE street serving eight properties. The public EAST OF CORTE MARIA AVENUE hearing is scheduled for March 9, 1976 at 7:00 p.m. AND SETTING A TIME AND PLACE FOR HEARING THEREON 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 7. RESOLUTION NO. 8057 - The Following bids were received on February 2, ACCEPTING BIDS AND AWARDING 1976: CONTRACT FOR ASPHALTIC CONCRETE FOR THE PERIOD BIDDER PRICE INCLUDING TAX FEBRUARY 10, 1976 THROUGH AUGUST 9, 1976 V; R. Dennis Const. Co. $18,502.30 Griffith Company 15,401.80 Sim J. Harris Co. 16,914.42 Industrial Asphalt 16,858.24 The Purchasing Agent explained that the low bid was from Industrial Asphalt; however, the bid included a maximum 12% escalation clause. Taking the escalation percentage into consideration, the firm bid of Griffith Company qualifies as the lowest bidder. It was the recommendation to award the contract to Griffith Company. 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- February 17, 1976 8. RESOLUTION NO. 8058 - The following bids were received on February ACCEPTING BIDS AND AWARDING 2, 1976: CONTRACT FOR AUTOMOTIVE EQUIPMENT ~er Item 1 Item 2 Item 3 South Ray Chevrolet $ 2,968.07 $ 3,837.22 $ 5,048.12 Carl Burger Dodge NO BID 3,900.00 5,000.00 Mira Mesa DodOe 2,951.62 3,849.69 5,038.05 Ful]er Ford 3,047.32 4,140.06 5,106.87 Stanley Dodgq NO BID 3,999.76 5,210.27 Center City Ford 3,000.00 4,036.00 5,344.00 Colonial Ford 3,060.00 4,004.00 5,302.00 Lamb Chevrolet 2,990.00 3,954.00 5,049.00 Best AMC 2,9B5.15 NO BID NO BID Prices above do not include tax. The Purchasing Agent stated that the bid of Mira Mesa Dodge on Item 1 does not meet specifications as to tire size furnished. It was recommended that the bids be accepted and contracts be awarded to South Bay Chevrolet for Items 1 and 2 and to Carl Burger Dodge for Item 3. 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 9. RESOLUTION NO. 8059 - At the Council meetimg of February 3, 1976, the FINDING THAT CERTAIN PARK staff was requested to bring back a resolution DEVELOPMENT AT PALOMAR PARK appropriating funds for construction of a rest BE EXCEPTED FROM THE REQUIRE- room facility and drinking fountain at Palomar MENTS OF THE C~ARTER AND THAT Park. COMPETITIVE BIDDING FOR THE ACQUISITION OF MATERIALS AND The resolution calls for an appropriation of EQUIPMENT AND SERVICES IS $10,000: IMPRACTICAL AND MAY BE PER- FORMED MORE ECONOMICALLY BY $6,683.81 to come from PAD District #7 funds, CITY WORK FORCES AND APPRO- $3,316.19 from unappropriated reserve of General PRIATING FUNDS THEREFOR Fund. 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 10. RESOLUTION NO. 8060 - This cooperative agreement is for the improve- APPROVING AGREEMENT ment of Main Street from Fresno Avenue to 1-805 BETWEEN THE CITY OF a total distance of approximately 1.70 miles. CHULA VISTA AND COUNTY The length of improvements within the City is OF SAN DIEGO FOR THE 0.44 miles. The project provides for the widen- IMPROVEMENT OF MAIN lng of Main Street to accommodate four lanes of STREET traffic rather than the present two lanes. Most of the expense will be paid with FAU funds (Fed- eral Aid Urban) and the remaining portion to be paid by City and County funds. City Council Meeting -9- February 17, 1976 Re-estimation of cost Director of Public Works Robens stated that the County has re-estimated the cost of the project from a total of $664,000 to $866,000, and there is a possible total City expenditure of $100,000 in total construction costs. Mr. Robens said he would present the total figure at budget time. Additionally, more FAU money was requested and if approved, the cost will not go up. 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 11. a. ORDINANCE NO. 1667 - Councilman Egdahl questioned the City Attorney AMENDING SECTION 3.32.040 as to what residential/construction tax would SUBSECTION A OF THE CHULA be paid by "boarding houses." VISTA MUNICIPAL CODE RELATING TO RESIDENTIAL City Attorney Lindberg indicated it would be CONSTRUCTION TAX - difficult to find a proper classification and an First reading amendment would have to be made to the ordinance. The Director of Planning presented a written analysis of the proposal. A meeting was held with developers engineers and planning firms on September 26, 1975 (2Q were mailed notices and 2 attended the meeting.) Under the proposed amendment for Residential Construction Tax, the taxes would be increased by 25%. 11. b. ORDINANCE NO. 1668 - Under the Park Land Dedication and In Lieu Fees, AMENDING THE CITY CODE it would require subdividers to dedicate and RELATING TO PARK LAND improve park lands in accordance with the Code, DEDICATION AND IN LIEU or at the option of the City, pay the fair FEE REQUIREMENTS FOR THE market value of said lands and the value of the ACQUISITION AND DEVELOP- required improvements. The standard in lieu fee MENT OF PARKLANDS AND schedule would be deleted in favor of an amount OPEN SPACE AND THE DEDICA- based upon the actual value of the land which TION OF SCHOOL SITES - would otherwise be dedicated, plus the cost of First reading those park improvements required to be installed. Ordinances placed on It was moved by Councilman Egdahl that these first reading ordinances be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None 12. REPORTS OF THE CITY MANAGER a. Status report - Mission City Manager Cole reported that Mission Cable TV Cable TV and the Gersten Companies have signed a contract for the sale of the underground conduit on February 9, 1976. Service of Cable TV into the E1 Rancho del Rey area will be activated by April 1, 1976. City Council Meeting -10- February 17, 1976 The only other major area in the City currently without cable service is Rancho Ri~s Units 1 through 5. Ths homeowners' association is currently in litigation with the developer regarding the sale of their master antenna system. Once the litiga- tion is resolved, Mission Cable will secure service to that area. Report accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. b. Joint Powers Agreement - City Manager Cole asked the Council for some South Bay Court policy direction concerning the memo from the City Attorney in which he suggested the possibi- lity of the incprporation of the existing Civic Center into a total project with the County Regional Center to be administered by the joint powers authority prssently contemplated, pursuant to am agreement between the City and the County. Mr. Cole further stated ~hat a resolution of intention to enter into a joint powers agreement with the County for the development of the County Regional Center is now necessary. Set for Council Conference It was moved by Councilman Hyde, seconded by Mayor Hamiltom and unanimously carried that this item be set for Council Conference as soon as convenient -- Fsbruary 25 at 4:00 p.m. REPORTS OF CITY OFFICERS 13. REPORT ON SUBSTITUTION OF On October 7, 1975, Council directed staff to GROUND MONUMENT SI.~S FOR investigate a zoning text amendment which would WALL SIGNS FOR FREESTAND- allow ground monument signs in lieu of wall ING BUILDINGS WITHIN A signs for isolated businesses located in shop- SHOPPING CENTER ping center areas. In analyzing the present ordinance, the Director of Planning concluded that present sign regula- tions provide adequate identification for sep~ arate freestanding buildings located within a shopping center. He added that providing the option of monument signs in lieu of wall signs would ¢ompoun~ the problem of sign equity among businesses within a shopping center. Report accepted It was moved by Councilman Scott, seconded by Councilman Scott and unanimously carried that the report be accepted. 14. CONSIDERATION OF REQUEST TO On January 27, 1976 the Council received a EXTEND THE USE OF FREESTAND- letter from Mr. Larry Hake of Clancey's Old ING POLE SIGN AT 465 "H" Fashioned Hamburgers requesting Permission to STREET retain the freestanding pole sign advertising his business in the Home Fair Shopping Center for an indefinite period of time. City Council Meeting -11- February 17, 1976 Director of Planning Peterson submitted a written report detailing the background of the signs and businesses im this location. He recommended that the Council direct the applicant to remove the sign structure within 30 days. If not removed by that time, the bond should be foreclosed and the sign removed by a City-hired contractor. Mr. Peterson based his conclusion on (1) the experience of other businesses in this location indicating a separate freestanding sign is not essential to business success in this location; (2) the wall signs on the build- ing adequately identify the business; (3) there is no hardship or physical peculiarity of the property which would justify treating it dif- ferently from other properties in the same zone. Motion for 3-year It was moved by Councilman Scott and seconded approval by Mayor Hamilton that the freestanding pole sign be allowed for a period of three years. Motion amended It was moved by Councilman Hyde and seconded by Councilman Hobel that the motion be amended to eliminate the time of 3 years to the limit of other non-conforming signs under the sign ordi- nance which have a 15-year limit (starting in 1964 when the sign ordinance was passed). Motion carried The motion carried by the following vote: AYES: Councilmen Hyde, Hobel, Hamilton Noes: Councilmen Scott, Egdahl Absent: None Landscaping Councilman Hobel asked the staff to contact the owner to bring the landscaping up to standard in fron~ of this business establishment. Main motion carried The main motion for approval of allowing the free- standing sign to remain carried unanimously, as amended. 15. REPORT ON COUNTY OWNED Director of Public Works Robens reported that PARCEL AT HILLTOP DRIVE under the Short Form 1911 Act procedure, cities AND "H" STREET may force the installation of pdblic improve- ments on a block where mor~ than 50% of the frontage is presently installed. Since the properties are in the C~unty and the improve- ments are in the City, the Act provides that the City can initiate and carry through the entire proceedings with County concurrence. Mr. Robens added that with the installation of public improvements on Hilltop Drive adjacent to the County property, the 50% condition for this block of Hilltop Drive would be satisfied. City Manager's Report City Manager Cole reported that contact was made with the County and they stated that Chula Vista could not amend their sales advertising so the property will be auctioned. The County expects $10,000 for the lot. City Council Meeting -12- February 17, 1976 Annexation Councilman Scott asked whether the County would annex the property. Mr. Cole remarked that the staff did not ask the County about annexation. He recommended that (1) the City ask the County to withdraw the sale of the property [to enable the City to negotiate for it] and (2) whether they will annex the lot prior to the sale. Mr, Cole added that he can get this request to the Board of Supervisors for their next meeting on Tuesday (February 24). Report accepted It was movedlby Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the City Manager's recommendations be accepted. 16. REQUEST FOR BUS SERVICE The Parks and Recreation Cormmission requested TO T~E CITY'S ROHR PARK Ceuncil consideration of bus service to Rohr ON SATURDAYS, SUNDAYS Park on Saturdays, Sundays, and holidays in AND HOLIDAYS order to lmcrease accessibility for the citizens of the community to the park area, Referred to staff It was moved by Councilman Egdmhl, seconded by Councilman Scott and unamimously carried that this item be referred to staff for analysis of the cost, problems involved, and the possibility of State funds - the City's entitlement. COUNCIL COMMENTS Absence from meeting Councilman Scott asked permission to be absent from the next meeting. Permission granted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that permission be granted to Councilman Scott to be absent from the meeting of February 24. GERSTEN DEVELOPMENT Councilman Scott questioned the status of the 0tay Land Company report. Director of Planning Peterson explained that the Planning Commission held a public hearing and at that time, there was a dispute regard- ing the old traffic information. The Conncil de~ided to delay the option of the general development plan until after the traffic study had been completed. This study is now under way but it has gone beyond the 9-month period of time which was originally intended. Councilman Scott discussed the development of the area, stating that the original plan was approved 6 years ago, the density is too much, and nothing is being done to change it and there should be a developmental plan for the area. Councilman Scott felt there should be a Council Conference on this matter. Motion It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the Planning Director be directed to come back with a date at the next meeting at which he can be prepared to report to Council on history of where it is, where it was, what the schedule was, what has been done and what is being proposed to be done. City Council Meeting -13- February 17, 1976 DIbINERMEETING Councilman Hobel thanked the Director of Parks and Recreation and City Manager for the dinner held the previous evening. MONSERATE AND "L" STREET Councilman Hobel said he recmived calls concern- ing the accidents at this intersection. It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the staff be directed to report back on the hazardous conditions, if any, that exist at this intersection. GOLF COURSE PARKING LOT Councilman Hobel questioned the timing on the cemplation of the Golf Course parking lot extension. The Director of Public Works said it was under design and will take an additional 6 to 9 months. Director of Parks and Recreation Hall co~ented that dirt is being stored in this area now. He will work with the Director of Public Works to solve some of the problems. CITY MANAGER'S ANNIVERSARY Councilman Hyde congratulated Mr. Cole on his first anniversa%y as City Manager with the City (February 14), and the commendable way in which he has performed his duties in this capacity. ABSENCE FROM MEETINGS Councilman Egdahl announced he would be absent from the May 25, June 1 and JuDe 8 meetings because of his daughter's graduation and wedding. Motion for permission It was moved by Councilman Hyde and seconded by Mayor Hamilton that permission be granted. Motion carried The motion carried by the following vote: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Egdahl LIBRARY DEDICATION Councilman Egdahl referred to the letter from SUGGESTION Mr. Nick Slijk recommending that Mr. Jim Glasgow be honored during the dedication of the new library since he was instrumental in getting the City and County together which culminated in the sale of the property. Referred to Library staff It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this request be referred to the Library staff for consideration. PURCHASE OF VEHICLES Councilman Egdahl referred to item 8 on the agenda noting that there are a number of CETA vehicles in the City under the lease-purchase arrangement. He asked that the staff keep in mind when making budgetary requests for new vehicles that these vehicles are on hand. City Council Meeting -14- February 17, 1976 17. WRITTEN COMMUNICATIONS a. Verified claim for damages - Mr. Boggan filed a claim in the amount of Tommy P. Boggan, 744 $193.11 claiming that on February 6, 1976 Saugerties Avenue, San Diego his vehicle was struck in the back by a police car just west of Third Avenue on "E" Street. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. b. Verified claim for damages - Mr. Burkhard filed a claim in the amount of Charles Burkhard, 186 $51.73 claiming that on February 10, 1976 Mankato Street, Chula a window in his motorhome was broken as a Vista result of tree cut~ing in the area. Clain denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. c. Requests to forgive The Broadway Association and the Taxpayers Starlight Center loan Association requested that the Council forgive the $11,000 interest-free loan made by the City for City-required street improvements. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to staff both as to legality and effect on the budget. d. Petition for stop sign A petition, containing 86 signatures, was and crosswalk at corner submitted by Mr. and Mrs. Nicholas L. Morano, of Loma Lane and Orange 1602 Loma Lane, requesting a stop sign and Avenue crosswalk at the corner of Loma Lane and Orange Avenue so that children can walk across the street safely when going and coming from the Loma Verde Recreation Park. Referred to staff It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the request be referred to staff for investigation and recommendation. e. Letter of resignation - Mrs. Walker submitted her resignation due to Frances Walker, Civil the fact that she is now a candidate for City Service Commission Council. Resignation accepted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the resignation be accepted and a letter of thanks sent to Mrs. Walker for her services on this Commission. City Attorney's comments Mr. Lindberg said his office will inform Mrs. Walker of possible legal complications regarding her candidacy. The Charter indicates that a member of the Civil Service Con~nission may not hold an elective office until after one year of termination of service. Mr. Lindberg stated It was his opinion that this is Df City Council Meeting -15- February 17, 1976 "questionable constitutionality." The provision was put into the Charter when the Civil Service Commission occupied a much different role: salary setting and recommendations to the Council. Mayor Hamilton declared that this provision was an oversight which the Council did not catch and would have put on the April 13 election ballot. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:23 p.m. to the meeting scheduled for February 24, 1976 at 7:00 p.m. JMF:mf