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HomeMy WebLinkAboutcc min 1976/01/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday January 27, 1976 A regular meeting of the City Council 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, Assistant City Manager Asmus, City Attorney Lindberg, Assistant City Attorney Beam, Director of Public Works Robens, Director of Planning Peterson, Director of Community Development Desrochers, Director of Parks and Recreation Hall~ Director of Building and Housing Grady, Chief Accountant Hackett, Assistant to City Manager Wittenberg, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton following the posting of the colors by Boy Scout Troup #186. 1. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of January 20, 1976 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Ail States Program - Mayor Hamilton read the Proclamation honoring Proclamation saluting the the State of California which he premented to State of California Greg Sullivan, a fifth generation Californian. Vice Chairman of the Bicentennial Committee, Mike Bailey, commented on many significant dates relative to important events in California history; the persons in attendance then iden- tified themselves as native Californians. b. Presentation of City At the Awards Banquet in October 1975, a City Beautification Award Beautification Award was given to G. I. Trucking for the warehouse/offices on Trousdale Street. Mayor Hamilton presented the plaque to Mr. Store, Manager of the firm, and offered congratulations from the Council. Civic Recognition Award A plaque was also presented to Mrs. Jan Murphy, member of International Friendship Commission, for her civic and community work. Mrs. Murphy was not present to accept the award. c. Port Commissioner, Mr. Campbell gave an updated report regarding C. R. Campbell the Chula Vista small boat basin project, the Sweetwater Flood Control Channel, the navigation channel improvement project, and the State's denial of the building of the second airport terminal. In answer to a question from Council- man Egdahl, Port Commissioner Campbell explained that the matter of a second opening to San Diego Bay is a low priority project, although it is still active on a marginal basis. City Council Meeting -2- January 27, 1976 ORAL COMMUNICATIONS Frederick Drew Mr. Drew spoke in opposition to the garage 1275 Banner Avenue conversion ordinance which he felt was an un- fair burden on those citizens who might need or desire to convert their enclosed garages to living space. Items 8, 11, and 17 to be Mayor Hamilton explained that several persons moved up on the agenda in the audience have expressed an interest in Items 8, 11, and 17 and asked the Council if these items could be moved up on the agenda. 8. REPORT FROM PLANNING It was moved by Mayor Hamilton, seconded by COMMISSION ON PROPOSED Councilman Hobel and unanimously carried that AMENDMENT TO MUNICIPAL Item 8 be moved up at this time. CODE RELATING TO PARK- ING REQUIREMENTS IN EVENT OF GARAGE CONVERSIONS Discussion of motion Assistant City Attorney Beam cautioned the Council on the legality of receiving testimony on this item suggesting that the public hearing be reopened or a new hearing called. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hyde, Scott, Hobel Noes: Councilman Egdahl Absent: None Motion to reopen It was moved by Mayor Hamilton and seconded by public hearing Councilman Scott to reopen the public hearing and set a date therefor and that it be properly noticed. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Scott, Hobel No~s: Councilmen Hyde, Egdahl Absent: None Answer ~o question on In answer to a question from Councilman Egdahl citizen testimony as to whether he should listen to testimony from interested people concerning any item before the council prior to the meeting, Mr. Beam explained that his discussion was about a legislative act and he felt the Councilman would have an obligation to listen to his con- stituents on legislative activities, but that is a different matter from the formal consider- etlon in a hearing process of a zoning text amendment. Motion for legal opinion It was moved by Councilman Scott and seconded by Mayor Hamilton that a search be made of this legal opinion. Councilman Scott felt it would tend to stifle some free discussion the Council receives from the public. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Noes: Councilman Egdahl Absent: None City Council Meeting -3- January 27, 1976 11. REQUEST OF COMPtLEHENSIVE It was moved by Mayor Hamilton, seconded by HEALTH PLANNING ASSOCIATION Councilman Egdahl and unanimously carried AND COUNTY OF SAN DIEGO FOR that Item 11 be considered at this time. CITY SUPPORT AS HEALTH SERVICE AGENCY DESIGNATION Norval Richardson Mr. Richardson spoke in favor of the Compre- 3 North Second Avenue hensive Planning Organization being designated as the Health Service Agency for San Diego and Imperial County. He felt it best to have the control of health planning in the hands of community people rather than under the re- sponsibility of the County. Margaret Helton Mrs. Helton stated she is Vice President of 162 Mankato Street the Comprehensive Health Planning Association of San Diego, Riverside and Imperial Counties. She listed the public organizations supporting the CHPA. Mrs. Helton commented on the make-up of the Board noting there would be sixteen consumers and fourteen providers - the same as that proposed under the County. She reiterated Mr. Richardson's concern that if this program was controlled by the County, it would put the County in a position of delivering health care service and setting its own policies. Report of Councilman Hobel Councilman Mobal reported on the Comprehensive Planning Organization meeting of January 26 at which testimony was received by both agencies on this issue. Councilman Hobsl felt that Captain Richardson and Mrs. Helton had both hit on the key point: that where an agency is doing the planning and also the deliverance, it is a key issue. Councilman Hobel discussed the comments made by Mr. Richardson in that Imperial County with 100,000 people would have two supervisors on the proposed board as would San Diego County with 1.6 million, a 16-1 population ratio. Motion to support CHPA It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the Council support the Comprehensive Health Planning Association in their effort to gain this status and bring back a resolution of that support. 17. REPORT ON ZONING HISTORY OF It was moved by Councilman Egdahl, seconded A 3.5 ACRE PROPERTY ON THE by Councilman Hobel and unanimously carried EAST SIDE OF THIRD AVENUE, that Item 17 be considered at this time. SOUTH SIDE OF SEA VALE Minutes of Planning Commission Assistant Attorney Beam presented the Council public hearing offered for with a copy of the Planning Commission minutes review of July 6, 1967, on the original zoning of the matter. Motion for recess It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that a recess be called to review the Planning Commission minutes. RECESS A recess was called at 7:55 p.m. and the meeting reconvened at 8:06 p.m. City Council Meeting -4- January 27, 1976 Motion to refer to It was moved by Councilman Scott and seconded Planning Commission by Councilman Hyde, to send the matter back to the Hlanning Commission for a public hearing about the possibility of rezoning to R-3-G-P. Suggestion by Assistant Mr. Beam suggested that the Council may wish to City Attorney Beam reaffirm the moratorium on the ismuance of building permits pending the hearing on the appropriateness of the zoning. Included in motion Councilman Scott included Mr. Beam's suggestion in his motion and Councilman Hyde agreed to the second. James Milch Mr. Milch, representing Mro Gentry, owner of 1007 Fifth Avenue the property in question, spoke against any San Diego, CA 92101 rezoning. He declared that it is too late for the Council to rezone a piece of property after a person has had it for nine years and has paid taxes based on the property's highest use. Mr. Milch noted the negative declaration made by the Environmental Review Committee and stated it would be unfair to the property owner to have his property rezoned at this time. Ira Taylor Mr. Taylor agreed that the matter should be 234 Sea Vale referred back to the Planning Commission° Chula Vista Mrs. Frank Sipan Mrs° Sipan remarked that there is a serious 335 Kimball Terrace drainage problem on this site and she will Chula Vista speak on this issue at the public hearing° Motion carried The motion to refer the matter to the Planning Commission carried unanimously. 3. PUBLIC HEARING - In a written report to the Council, Director APPEAL BY SHELL OIL COMi~ANY of Planning Peterson discussed the applicant's FOR CONDITIONAL USE PERMIT (Shell Oil Company) application for a conditional TO CONSTRUCT A SELF-SERVICE use permit for a self-service station. The GASOLINE STATION AT BONITA Planning Commission denied this application ROAD AND BONITA GLEN DRIVE based on: 1o The property is located at a quadrant that is already served by an existing service station. 2. The site cannot be seen by northbound traffic on the freeway and is not well located to serve southbound traffic. 3. Approval would adversely affect the pos- sibility of developing a mini-village type of commercial/residential complex in the area bounded by 1-805, Bonita Road, Bonita Glen Drive, and Vista Drive. 4. A service station in this location would be detrimental to the apartments across Bonita Glen Drive and Vista Drive. 5. Zoning pattern in the area should be resolved before specific uses are approved. Mr. Peterson remarked that the staff is con- ducting a study of the zonings at this inter- change. He concurred with the recommendation of the Planning Commission and asked that the City Council Meeting -5- January 27, 1976 Council (1) certify the IS-75-66 and (2) direct the staff to meet with the property owners of that area bounded by Bonita Road and Bonita Glen Drive to prepare a specific plan for that prop- erty. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing° Ray Powell Mr. Powell explained that his firm acquired Shell Oil Company the property in 1968 and a conditional use 3511 Camino del Rio permit was approved for a service station at San Diego this site. The permit was extended until 1974. It was not renewed due to the "energy crunch" facing the nation at that time. Mr. Powell stated that the site is properly zoned and the need for a service station, as proposed, exists° In answer to the Council's queries, Mr. Powell remarked that Shell Oil does have a station at 1-805 and Telegraph Canyon Road and will con- struct one at 1-805 and Otay Valley Road. Speaking in favor Speaking in favor of the proposal were Orlando of application Vigil, 205 Vista Drive; Joe Owaski, Bonita; Carl Jaeger 256 Cedar Avenue and Sid Morris, 862 Cedar Avenue. Don O'Neill Mr. O'Neill, owner and developer of property 4910 Milton Street on the north side of Bonita Road (across the Chula Vista street from the Shell Oil site), gave the Council an overview of his current position regarding the entire development of his prop- arty. He will have a Texaco self-service station ~onstructed and hopes to have the station in operation in the Spring. He said he was not really for or against the appeal, but wanted the Council to have information to help them make their decision. Gene'York Mr. York was concerned about the recommendation 160 Brightwood directing staff to proceed with the preparation Chula Vista of the "Bonita Glen Specific Plano" He owns property in the area in question with frontage on Bonita Road and said he felt there should be more invlovamant of the property owners in discussion of any specific plans. Environmental certification Attorney Beam explained that as a matter of procedure, the State law on the Environmental Quality Act does require that the Council certify that the appropriate environmental review has taken place before taking any action, even though the action may be to deny a particuzar proposal. Motimn to certify It was moved by Councilman Scott and seconded by Mayor Hamilton to certify IS-75~66. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None Motion to deny It was moved by Councilman Hyde and seconded by Councilman Egdahl that the appeal be denied, citing the reasons for denial of appeal as in- dicated by the Planning Commission. City Council Meeting -6- January 27, 1976 Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None RESOLUTIONS AND ORDINANCES~ FIRST REA~DING 4. RESOLUTION NOo 8030 - In July, 1975 the Comprehensive Planning APPROVING AGRE]~MENT BETWEEN Organization approved the establishment of a THE CITY OF CHULA VISTA AND Local Agency Technical Task Force (LATTF) to THE COMPREHENSIVE PLANNING insure local agency involvement in the refinement ORGANIZATION TO ASSIST IN of the Regional Transit Plan. They also approved TRANSIT PLAN REFINEMENT AND pass-through funds to reimburse the local A STUDY OF TRANSIT IMPACTS agencies for the work of their staff in perform- ON STREETS AND HIGHWAYS AND ing certain specific tasks in the Transit Plan AUTHORIZING THE MAYOR TO Refinement process. EXECUTE SAID AGREEMENT Appropriation of funds The staff requested an appropriation of $5,500 (from the unappropriated surplus of the Planning Fund). This would be reimbursed by revenues from the Comprehensive Planning Organization since the agreement is a performance contract and the City will be paid as various tasks are completed. 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! Councilman Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 5. ~RESOLUTION NO. 8031 - In a written report to the Council, Community APPROVING AGREEMENT BETWEEN Development Director Desrochers explained that THE CITY OF CHULA VISTA AND Chula Vista is one of ten localities in the CALIFORNIA COASTAL ZONE State asked to participate in the development CONSERVATION COMMISSION of a certification process relative to adoption/ enforcement of local plans in relation to the State Plan. Contract payment by Mr. Desrochers explained that the $9,000 proposed State of $9,000 will be utilized to offset staff salaries and required travel and consultant fees associated with the work which would have had to be ac- complished at City expense at a later date if the City had not been chosen to participate. 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 Request from Councilman Hyde Councilman Hyde requested that Council refer to further discuss Item 3 back to Item 3 and complete the item in connection with the direction of the staff to proceed with the preparation of the "Bonita Glen Specific Plan." City Council Meeting -7- January 27, 1976 Motion for specific plan It was moved by Councilman Hyde that the staff be directed to proceed with the preparation of the Bonita Glen Specific Plan with the property owners affected, with emphasis on being ex- ploratory - simply with the idea that the City is offering its good offices to attempt to come up with a more logical zoning treatment and hopefully a single comprehensive specific plan. No second to motion Motion died for lack of second. Substitute motion It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that staff be encouraged, but not directed, to do this: To offer their services and work with the owners of the property as requested. 6. a. RESOLUTION NOo 8032 - Resolution No. 7895 authorized the City, via APPROVING AGREEMENT BETWEEN contract with "Our House," to undertake a Drug THE CITY OF CHULA VISTA AND Abuse Prevention and Early Intervention Project. OUR HOUSE SETTING OUT TERMS The agreement outlines the mutual responsibilities AND OBLIGATIONS IN REGARD TO of both parties and calls for "Our House" to ADMINISTRATION OF THE "DRUG conduct the project in accordance with grant ABUSE PREVENTION AND EARLY provisions and to maintain proper accounting INTERVENTION PROJECT" AND of records and evaluation data with City depart- AUTHORIZING THE MAYOR TO ments monitoring the grant. EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None b. RESOLUTION NO. 8033 - In a written report, City Manager Cole stated ESTABLISHING REQUIRED "Our House" has requested an advance from the BUDGETARY ACCOUNTS FOR City for approximately $25,000 of the Federal THE DRUG ABUSE PREVENTION portion of the grant; this would be reimbursed AND EARLY INTERVENTION in six to eight weeks. PROJECT NO. 2518-1 Assistant to City Manager Wittenberg answered the Council's questions pertaining to the City's ~in-kind" services, staff time spent on the grant and general provisions of the grant. 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 Recess A recess was called at 9:20 p.m. and the meeting reconvened at 9:30 p.m. Motion for resolution It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that staff be directed to bring back the proper reso- lution appropriating the money for Item 6. City Council Meeting -8- January 27, 1976 7. RESOLUTION NOo 8034 - The agreement for services between Balboa Bank APPROVING AGREEMENT BETWEEN and the City has been legally reviewed by both THE CITY OF CHULA VISTA AND the City Attorney and the Bank's counsel. The BALBOA BANK FOR SERVICES document will implement the Community Housing RELATIVE TO THE CITY'S Improvement Loan Program (CHIP) as presented COMMUNITY HOUSING IMPROVEMENT to the Council at their November 18, 1975 PROGRAM AND AUTHORIZING THE meeting. MAYOR TO EXECUTE SAID AGREEMENT 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 Expansion of Housing Assistant City Manager Asmus explained that Element Committee the Council took the recommendation of the Human Relations Commission: that the committee be expanded from two to four members. The Co~nission submitted along with their report the names of four individuals. Motion to expand It was moved by Mayor Hamilton that the Council committee accept the four names and make the committee nine members. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the Council consider the appointment of these paople at the same time they consider the Commission appointmemts (on February 4). 8. a. REPORT FROM PLANNING (Item moved up. See page 2) COMMISSION ON PROPOSED AMENDMENT TO MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS IN EVENT OF GARAGE CONVERSIONS bo ORDINANCE (Item moved up. See page 2) AMENDING SECTION 19.62.190 OF THE CHULA VISTA MUNICIPAL CODE P. ELATING TO RESIDENTIAL PARKING - FIRST READING 9. ORDINANCE NO. 1666 - The State of California has adopted the code AMENDING SECTIONS OF THE which mandates City enforcement of the Code MUNICIPAL CODE OF THE CITY for single and multi-family dwellings. OF CHULA VISTA RELATING TO THE ADOPTION OF THE NATIONAL Section 210-8(b) is being studied by OSHA and ELECTRICAL CODE, 1975 EDITION Cai-OSHA and they have established the date of - FIRST READING January 1, 1977 as the date for beginning en- forcement of this Section requiring Ground Fault Interrupters on construction sites. Ordinance placed on It was moved by Councilman Scott that this first 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None City Council Meeting -9- January 27, 1976 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 10. ORDINANCE NOo 1663 - This Ordinance was placed on its first reading AMENDING SECTION 10.08.110 at the Council meeting of January 20, 1976, OF THE CHULA VISTA MUNICIPAL amending Ordinance No. 973 relating to holidays CODE RELATING TO THE DEFINI- for parking meters and parking zones. TION OF HOLIDAYS - SECOND READING AMD ADOPTION Ordinance placed on second It was moved by Councilman Scott that this reading and adopted ordinance be placed on its 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 11. REQUEST OF COMPREHENSIVE This matter was continued from the meeting of HEALTH PLANNING ASSOCIATION January 20, 1976. City Manager Cole had sub- AND COUNTY OE SAN DIEGO FOR mitted a report and material from the Comprehen- CITY SUPPORT AS HEALTH SERVICE sive Health Planning Association and the County AGENCY (continued from January of San Diego, both seeking support from the 20, 1976) City for designation as the Health Systems Agency under the new Federal Statute PL93-641. (Item moved up. See page 3) REPORT OF THE CITY MANAGER City Manager Cole asked if the Council would set a conference to consider the Middle Management Report. Motion for Council Conference It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that a Council Conference be held on February 11 at 4:00 pom. for Middle Management. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 12. REPORT ON DELIVERY OF Director of Public Works Robens submitted a TECHNICAL SERVICES (DOTS) written report on Technical services - those PROGRAM services associated with building construction and other construction on private property and in the public, right-of-way; zoning; environ- mental quality; subdivisions; transit and traffic; water; sewers; other utilities and streets. Council had instructed staff to institute a suitable program for smooth delivery of these services. Basic elements of program Mr. Robens explained that a staff Committee was formed and a Program Manager appointed to coordinate the design and implementation of the technical services delivery program (DOTS). Motion to accept report It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. City Council Meeting -10- January 27, 1976 Discussion of motion Mayor Hamilton remarked that if, in the preparation, changes need to be made in the ordinance to make the flows better, easier and more comprehensive, that the staff notify the Council as to these changes. 13. STATUS REPORT ON TRASH At Council's request, the Engineering Division DISPOSAL FOR JOSEPH RAse investigated Mr. Joseph Raso's trash problem and it was determined that placement of a rock base surfacing in the drainage way is the most viable solution. Th~s solution calls for Mr. Rase to purchase the materials and for City forces to place them in the drainage way. Public Works Director Roberts stated that the cost of the rock base would be approximately $1,900. Joseph Rase Mro Rase stated he did not think the rock base 157 Murray Street would work and he was hoping that a long range solution could be worked out. He added that he is still working on a petition for referen- dum. Motion to accept staff's It was moved by Councilman Scott, seconded by recommendation Councilman Hyde and unanimously carried that the recommendation of the staff be accepted and that staff do a subbase study to see if it is practical. 14. STATUS REPORT ON The formal dedication ceremonies for the new NEW LIBRARY library have been set for July 4. In planning for the opening, City Librarian, Bluma Levine, made a suggestion that services of a public information firm be used to prepare a souvenir commemorative booklet, as well as to provide press releases and professional photographs for various San Diego area media and state and national professional publications. Dissemin- ation of information on a national level will contribute to the celebration of the Bicentennial since the library has been designated a Bicentennial landmark. Motion to accept It was moved by Councilman Hobel and seconded by recommendation Councilman Egdahl that the report be accepted and that staff be instructed to proceed with getting proposals for the information program. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl Noes: Councilmen Scott, Hyde ABsent: None 15. REPORT - BICENTENNIAL Mayor Hamilton indicated that he was not in PROJECTS/PARK DEVELOPMENT favor of changing the name of the Candlewood Park to Vista Verde. Councilman Hobel commented that there are going to be four Bicentennial park designations this year and he would support American historical names for them. Motion It was moved by Councilman Hobel and seconded by Councilman Egdahl that staff give consid- eration to this and give the Council some names for renaming the parks. City Council Meeting -11- January 27, 1976 Discussion of motion Councilman Hyde stated that he agreed except for the designation of Tiffany Park, because it is directely related to a school and since it has been Council policy that elementary school parks be named the same as the school, he asked that this park be deleted from the motion. MotiOn amended Councilman Hobel agreed to include this in his motion; Councilman Egdahl agreed to the second. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Egdahl, Scott Noes: Mayor Hamilton Absent: None 16. REPORT ON ADDITIONS TO The Environmental Review Policy provides that THE LIST OF CONSULTANTS applications for Environmental Impact Reports QUALIFIED TO PREPARE must be prepared by a consultant selected APPLICATIONS FOR ENVIRON- from the list of qualified consultants established MENTAL IMPACT REPORTS by the City Council. The Director of Planning recommended that the name of William L. Moorhous be added to the list. It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. 17. REPORT ON THE ZONING (Item moved up on agenda. See page 3) HISTORY ON A 3°5 ACRE PROPERTY ON THE EAST SIDE OF THIRD AVENUE SOUTH OF SEA VALE 18. REPORT - ORDINANCE The provisions requiring all parkways and other AMENDING AND ADDING unpaved areas in the public right-of-way to be SECTIONS OF THE MUNICIPAL landscaped and maintained by the adjacent property CODE RELATING TO LAND- owners created some problems. City Attorney SCAPING REQUIREMENTS AND Lindberg stated that this section has been MAINTENANCE THEREOF WITHIN modified limiting such requirement to multiple- AND ALONG PUBLIC RIGHTS-OF- family residential, commercial and industrial WAY zones. The provision was further modified to allow for a 90-day period following the effective date of the ordinance to stall the required landscaping. Report accepted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the report be accepted. Discussion of motion Councilman Hyde expressed concern about the enforcement of the ordinance and asked if it would come under the zoning officer's respon- sibility. Assistant City Attorney Beam stated he thought it would be appropriate for the City Attorney and Director of Planning Peterson to discuss a clear division of responsibility on the enforcement. Suggestion by Mayor Mayor Hamilton stated he would prefer to have Hamilton this clarified and hear any comments at the time the ordinance is brought back to the Council for action. He asked that the motion include that the enforcement responsibilities be more clearly defined and delineated. City Council Meeting -12- January 27, 1976 MAYOR'S REPORT Mayor Hamilton urged the staff to come back with a status report on the Cable TV negotia- tions within a reasonable time° Mayor Hamilton announced that Assemblyman Craven has been made the head of Local Govern- ment Committee. Motimn for posit~on paper It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried to direct the staff to make a position paper for the Council to approach Mr. Craven for legis- lation to correct annexation procedures and proceedings. Transportation Committee - Mayor Hamilton announced he will be going to Mayor~ Conference Washington~ D. Co to meet with the Transportation Committee of the National Conference of Mayors on Wednesday, January 28, 1976. He received a telegram inviting him to meet with President Ford and the Cabinet members on Thursday. Speakers of the House and the Senate will also be~in attendance. He will give the Council a report on his return. Executive session It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that an Executive Session be held for litigation pur- poses at the close of the business meeting. Report of Councilman Scott Councilman Scott reported that he and City Manager Cole attended the Transit Committee meeting. Councilman Scott stated he was very impressed and felt Mr. Camacho would represent all three cities very well and will be a fine delegate for South Bay. Motion to designate It was moved by Councilman Hyde, seconded by Councilman Scott to Mayor Hamilton and unanimously carried that represent Council Councilman Scott be the Council's official representative to these meetings. Legislative Committee Councilman Scott reported that the legislative report on AB 337 Committee met "telephonically" and discussed its opposition to AB 337. City Manager Cole explained the tax rate limitation of 8% which would be imposed by Assembly Bill 337. Motion for letter It was Moved by Councilman Scott, seconded by in opposition ~ayor Hamilton and unanimously carried to send a letter to Assemblyman Deddeh expressing the Council's concern about the bill, outlining the position of the Committee and the City Council what these concerns are on the bill. Field Trip Councilman Hohel complimented the staff on the field trip conducted on Saturday, January 24. He commented on the signs being placed in the parks and felt they were excellent. He would like to see more environmentally pleasing signs if possible and perhaps staff could have some proposals in the future. CPO meeting Councilman Hobel reported on the CPO meeting held January 26, 1976. The Agency voted to forward to the State ~oastal Gommission potential acquisition sites from Oceanside to Tijuana. City Council Meeting -13- January 27, 1976 Adding National City and It was moved by Councilman Hyde, seconded by Chula Vista to Highway Sign Councilman Hobel and unanimously carried that the staff look into the desirability of asking the Highway Con~nission to include the names of National City and Chula Vista on the sign just north of Del Mar where Interstate 5 divides into Interstate 5 and Interstate 805. R-3 Zones to be It was moved by Councilman Hyde, seconded by investigated Councilman Scott and unanimously carried that the staff investigate the R-3 zones that are specifically affected by "sleeper" properties to see whether or not there is a potential for similar problems to the one brought about at the site discussed at this meeting ~£k~!! 9i!).(Third and Sea Vale). Councilman Egdahl suggested that information be disseminated by South Bay Realtors giving reference to requirements under City ordinances concerning residences, landscaping requirements or other per- tinent information to assist people contemplating purchasing properties. Councilman Hyde suggested that it might be appro- priate for the Cify staff to work with the Chamber of Commerce to include all this information in their publication. Motion to contact It was moved by Councilman Egdahl, seconded by Board of Realtors Councilman Scott and unanimously carried that staff contact South Bay Board of Realtors and ask them if they would be willing to cooperate in the distribution of such material if it were made available to them. 19. WRITTEN COMMUNICATIONS ao Verified claim for damages - Mrs. Kowesky filed a claim in the amount of Elvira Kowesky $324.52 stating that on January 15, 1976, her 485 Corte MaFia Avenue automobile was hit in the rear by a City street Chula Vista sweeper while parked in front of her home. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobet and unanimously carried that the claim be denied and referred to the City's insur- ance carrier for investigation. b. Request from Jaycees to The Chula Vista Jaycees requested permission to hold annual Orange Crate hold their annual Orange Crate Derby on April 25, Derby on April 25 1976 between Hilltop Drive and First Avenue on "H" Street° City Manager Cole indicated his reservations to hold the Crate Derby on "H" Street due to the heavy volume of traffic stating there may be an alternate site. Referred to staff It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the matter be referred to staff. c. Resolution of City of The City of La Mirada urged the Council's support La Mirada urging enactment of the enactment of laws which would amend the ex- of laws amending existing isting State bike lane marking policies so that a State bike lane marking distinctive color can be used exclusively for bike policies lane indication. It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that this matter be referred to the Legislative Cormmittee. City Council Meeting -14- January 27, 1976 do Request for extension of Mr. Larry Hake, Clancy's Old Fashioned Hamburgers, time on existence of requested another extension of the sign located sign at 465 "H" Street at their place of business on 465 "H" Street. Referred to staff It was moved by Councilman Egdahl, seconded by Councilma~ Hyde and unanimously carried that the matter be referred to staff. e. Verified claim for dmmages - Mro Sissenwein filed a claim for damages in the Erick Sissenwein amount of $100,000 claiming that on December 2, 88 Oaklawn Avenue 1975 he was shot twice by Chula Vista police Chula Vista officers after he called for protection against an unknown intruder who was throwing rocks through his windows. ~laim denied It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. EXECUTIVE SESSION The Council recessed to Executive Session at 10:14 pom. and reconvened at 10:20 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:21 p.m. to the meeting scheduled for Tuesday, February 3, 1976 at 7:00 pom. JENNIE M. FULASZ, City Clerk Deputy City Clerk