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HomeMy WebLinkAboutcc min 1975/07/29 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday July 29, 1975 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:30 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, Director of Public Works Robens, Director of Planning Peterson, Citizens Assistance Officer Smith, Director of Community Development Desrochers The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Hobel that the minutes of the meeting of July 22, 1975 be approved, copies having been sent to each Councilman. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: None Absent: None Abstain: Councilman Egdahi INTRODUCTION OF GUEST Mayor Hamilton introduced Mrs. Joan Roseman, COMMISSIONER member of the Library Board of Trustees, as guest commissioner for this meeting. RECOGNITION OF STUDENTS Mayor Hamilton presented the 22 students AND GUESTS FROM with a Certificate of Recognition. A key IRAPUATO, MEXICO to the City was given to Mr. Alberto Borja to be presented to the Mayor of Irapuato, Mexico. ORAL COMMUNICATIONS Herb Lathan Mr. Lathan discussed the item on the agenda 631 Carla Street pertaining to the Library Board of Trustees Chula Vista request to allow senior citizens to do voluntary work around the new Library. He explained that he made this motion at the last meeting of the Board and his intent was to let these people come in and work around the flower beds -- they don't have to volunteer - they do not have to put in any particular hours - it is just allowing these senior citizens to come in on their own and work. City Council Meeting 2 July 29, 1975 Elizabeth Diener Ms. Diener stated that she was representing 813 Twinning Street Girl Scout Troop No. 1389. They are San Diego planning a series of fund-raising events to raise money to travel to Philadelphia in 1976. Ms. Diener asked for a waiver of fees to paint curb numbers and a waiver of the cash deposit of $2,500.00 required for the compilation of coupon books drawn on local merchants. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the requests be referred to staff for a report back to the Council. James Matherly Mr. Matherly asked that the signs over the 402 Twin Oaks City Hall building and the Police Facility Chula Vista have the words: "Chula Vista City Hall" and "Chula Vista Police Department." Mr. Matherly asked that the Council "get rid of the silent prayer" at the beginning of the meeting. He added that religion was a source of bigotry and it was not necessary, that people shouldn't have te come down to a "prayer meeting." Mr. Matherly then discussed the Federal deficit and requested that the City Manager be directed to review all federally-funded projects in this Gity and cut that down by 20%. PUBLIC HEARING - Mayor Hamilton noted several people in the HISTORICAL SITES IN audience that came to speak on this public CITY OF CHULA VISTA hearing. He informed them that the public hearing would be continued to the Council Conference to be held tomorrow, July 30, at 4:30 p.m. Motion to continue to It was moved by Councilman Egdahl and Council Conference seconded by Councilman Hyde that the Council discuss the whole concept (of historical site designations) as well as the Greg Rogers House tomorrow, and that the public hearing on this matter be rescheduled for August 5, 1975, as recommended. Council discussion Discussion followed regarding the notices sent to the property owners for a public hearing scheduled this evening and the staff's recommendation that it be continued to the meeting of August S. City Council Meeting 3 July 29, 1975 Motion to amend It was moved by Councilman Hyde that the motion be amended that the public hearing on this matter (scheduled for this evening) be opened and then be continued until tomorrow (Wednesday, July 30) at which time it can be brought up concurrent with the consideration of the Greg Rogers property for acquisition. No second to The amendment died for lack of second. amendment Original motion withdrawn Councilman Egdahl withdrew his original motion; Councilman Hyde withdrew the second. PUBLIC HEARING - City Manager Cole reported that the towing CONSIDERATION OF CHANGE services are requesting a 12% increase in IN RATES FOR TOWING rate. He recommended approval based on the SERVICES review of the proposed rate schedule in comparison with other local municipalities and the current inflationary cost cycle. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Speaking in favor of Speaking in favor of the increase in rates the increase were Don Rhodes, 395 Moss Street, represen- ting Paxton's Towing, Tony Arnold represen- ting Arnold's Towing Service, and Ralph Paxton, former owner of Paxton's. In answer to Council's questions, Mr. Rhodes and Mr. Arnold reviewed their present rate structure, the method of handling the towing calls by the four (4) companies involved, towing rates in other cities, comparison of rates for the city and the automobile clubs, and the different rate schedule for accident and non-accident towings. Basis for request In answer to the Council's query, Mr. Rhodes indicated that the four (4) representatives got together and discussed the increased costs of running their businesses and thereby felt justified in requesting an increase. National City Councilman Hyde commented that in 1974, charges National City established towing rates which were lower than those established by Chula Vista in 1972. Mr. Rhodes explained that National City has one (1) towing company which answers most of their calls. In Chula Vista, this is shared among four (4) companies. These City Council Meeting 4 July 29, 1975 four companies have to stay in business with a lesser amount of calls. National City Police Department do not make it as competitive as Chula Vista. In answer to Councilman Scott's question, Mr. Rhodes declared that he is not sugges- ting Chula Vista would have lower rates with one (1) towing service. City Attorney's comments City Attorney Lindberg commented that the Council can require an audited statement from these four (4) towing service com- panies. Motion for revision It was moved by Councilman Hyde that the of rate structure resolution for a rate change be approved with the following modifications to that proposed Accidents $18.00 vs. $20.00 requested Non-accidents: $15.00 vs. $17.50 requested Extra man hours per hour: $7.50 Labor per 1/4 hour: $3.75 No second to motion The motion died for lack of second. Council discussion Discussion ensued as to the basis for arriving at the revised figures, comparison with other cities' costs, level of service and the need for audits. RESOLUTION NO. 7837 - Offered by Councilman Egdahl, the reading AMENDING RESOLUTION NO. 6664 of the text was waived by unanimous consent. APPROVED ON NOVEMBER 21, 1972 ESTABLISHING A NEW RATE SCHEDULE FOR TWO CAR SERVICES REQUESTED BY THE POLICE DEPARTMENT Motion to modify It was moved by Councilman Hyde and seconded resolution by Councilman Scott that the resolution be modified as indicated previously (motion for revised rate structure). Discussion of motion Discussion followed regarding the need for audit, having one (1) towing service company instead of four (4), and competitive bidding. Motion failed The motion to modify the resolution by changing the rate structure failed by the following vote, to-wit: Ayes: Councilmen Hyde, Scott NOES: Councilmen Egdahl, Hobel, Hamilton Absent: None City Council Meeting 5 July 29, 1975 Resolution offered Offered by Councilman Egdahl, the reading as proposed 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 Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Noes: Councilmen Scott, Hyde Absent: None Motion for staff It was moved by Mayor Hamilton and seconded direction by Councilman Hobel that before any other rate increase comes up, the staff come back with a proposal that would include an audit - that there he some justification that the Council "can be their hands on." The staff is to Bring back criteria for what would be considered as important in consideration for rate increases. Amendment to motion Councilman Hobel asked that these companies be put on notice now to gear their books (have a separate set of books for towing services) so that they can stand this test in the future. He asked that the motion be amended to change the contract to this effect. Suggestion for interim Councilman Scott suggested the rate increase rate increase be passed on an interim basis and then get the facts for the needed increase. The rate then can be adjusted up or down. Mayor Hamilton agreed to this suggestion and stated he would go along with a one- year time element. Part of motion Mayor Hamilton included in his motion the fact that this is a rate increase for a one-year period of time at which time justi- fication will have to be made for the increase. Also included in the motion is the direction to change the language of the contracts - that justification will be required (audit statement). Motion carried The motion for an audit, criteria for justi- fication, rate increase for a period of one (1) year, and change in the contract language carried unanimously. City Council Meeting 6 July 29, 1975 Competitive bidding It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff look into the matter of competitive bidding for the City's towing franchise and advise the Council as to their recommendations whether or not the Council should consider estab- lishing that as procedure for granting a franchise. This report is due back in three (3) months (October 28). RECESS A recess was called at 9:00 p.m. and the meeting reconvened at 9:13 p.m. PUBLIC HEARING (CONTINUED) - The Historical Site Board submitted pro- CONSIDERATION OF GUIDELINES, posed criteria to be used as guidelines CRITERIA AND DESIGNATION OF for historical site designations. Also HISTORICAL SITES IN THE recommended was that the following sites CITY OF CHULA VISTA be declared historical sites in Chula Vista: Our House - 666 Third Avenue Greg Rogers House - 699 "E" Street Cordrey House - 210 Davidson Starkey House - 21 "F" Street Bulmer House - 3 Second Avenue Public hearing continued It was moved by Councilman Hyde and seconded by Councilman Egdahl that the public hearing be continued to the Council Con- ference scheduled for Wednesday, July 30, 1975 at 4:30 p.m. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl PUBLIC HEARING - In a written report to the Council, Director CONSIDERATION OF CHANGE OF of Planning Peterson explained that the ZONE FROM R-1 TO R-2-T-P FOR applicant is proposing to construct 24 2.5 ACRES LOCATED AT THE duplex units in 12 buildings on 2.5+ SOUTHEAST CORNER OF PALOMAR acres of property located at the so~th- STREET AND SECOND AVENUE east corner of Palomar Street and Second Avenue. The request for the rezoning is accompanied by a precise plan. The Planning Commission recommended approval of the rezoning at its meeting of May 28, 1975. City Council Meeting 7 July 29j 1975 Mr. Peterson noted that an Initial Study was prepared for a previous proposal for 42 apartment units for which a Negative Declaration was issued on July 3, 1974. The Environmental Review Committee reviewed this Study and found that the less intense project now proposed would have no new impacts; therefore the original Negative Declaration was cer- tified by the Planning Commission. He further explained the layout of the proposal, access, square footage of the units, adjacent land use and zoning. (Councilman Egdahl arrived back at the meeting at this time). Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Mr. T. Muraoka Mr. Muraoka stated he was representing Attorney at Law the applicant, and remarked that the plan 4541 Florida Street was consistent with the adopted General San Diego Plan of the City. It also provides a transitional buffer zone between the R-1 on the east, R-$ to the north and west and the R-1 to the south. Mr. Muraoka further commented that the proposed devel- opment would provide a need for modest- priced homes. In answer to Councilman Hyde's query, Mr. Muraoka indicated the price of the homes would be between $30,000.00 and $35,000.00. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 163] - It was moved by Councilman Hobel that this AMENDING ZONING MAPS ESTABLISHED ordinance be placed on its first reading BY SECTION 19.18.010 OF THE CITY and that reading of the text be waived CODE REZONING THAT CERTAIN by unanimous consent. PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR STREET AND The Council finds that in accordance with SECOND AVENUE FROM R-1 TO R-2-T-P- the Negative Declaration IS-74-27 and the FIRST READING findings therein that the rezoning from R-1 to R-2-T-P will not have any possible significant impact on the environment. The Council further certifies that the Negative Declaration has been prepared in accordance with CEQA 1970, as amended. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None City Council Meeting 8 July 29, 1975 RESOLUTION NO. 7838 - Director of Planning Peterson presented APPROVING PRECISE PLAN FOR the precise plan of the proposed devel- THAT CERTAIN RESIDENTIAL opment. DEVELOPMENT IN THE R-2-T-P ZONE ENCOMPASSING 2.5 ACRES He explained the applicant's plan for 24 AT THE SOUTHEAST CORNER OF~ one and two-story units (12 duplexes) with PALOMAR STREET AND SECOND AVENUE access via private driveways. Mr. Peterson IN THE CITY OF CHULA VISTA referred to the written report submitted to the Council detailing the development. Councilman Scott asked if any provision was put in for additional parking, citing the parking problems incurred in R-2 developments. Mr. Peterson explained that each unit has a two-car garage with guest parking along the Second Street frontage. He felt the parking for the development was adequate. 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 PUBLIC HEARING - Director of Planning Peterson submitted the CONSIDERATION OF TENTATIVE tentative map stating this was the sub- SUBDIVISION MAP FOR PALOMAR division for which the Council just approved GARDEN ESTATES, PCS-75-2 the rezoning and precise plan. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Frank Phillips Mr. Phillips asked that the name "Palomar Civil Engineer Garden Estates" be changed to "Chula Vista 240 Woodlawn Avenue Tract 75-2" since there already exists Chula Vista a Palomar Gardens in Chula Vista. Mr. Phillips also requested that the man- holes at the end of the hammerheads be eliminated and clean-outs be used instead. Director of Public Works Robens explained that this is a public sewer easement within the private street, approximately 200' in distance, and man-holes are required in excess of 100'. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting 9 July 29, 1975 RESOLUTION NO. 7839 - Offered by Councilman Hobel, the reading APPROVING THE TENTATIVE MAP of the text was waived by unanimous consent. OF A SUBDIVISION TO BE KNOWN AS CHULA VISTA TRACT The City Council does make the findings in 75-2 fact as set forth in the Planning Commission Resolution No. PCS-75~2 and declares that the map is consistent with the General Plan of the City of Chula Vista. The motion carried by the following vote, to-wit AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent None MOTION REGARDING RESOLUTION It was moved by Councilman Scott, seconded APPROVING PRECISE PLAN FOR by Councilman Hobel and unanimously carried SOUTHEAST CORNER OF PALOMAR that the staff be directed to bring back AND SECOND AVENUE a report to the City Council, six (6) months after the initial sale or one (1) year from this date as to how this type of configuration is working out as to the safety features as brought up by Councilman Hyde regarding the parking. PUBLIC HEARING - CONSIDERATION Director of Planning Peterson explained that OF AMENDMENT TO MUNICIPAL as a result of a number of inconsistencies CODE RELATING TO "P" PRECISE arising from the application of the "P" PLAN MODIFYING DISTRICT Precise Plan Modifying District to various properties, his staff undertook a review of the wording and requirements of this zoning modifier. In a written report to the Council, Mr. Peterson noted the sections of the ordinance which needed amending and/or modification. In accordance with their Resolution PCZ-74-3, the Planning Commission recommended approval of the amendment. Fee questioned Councilman Hyde questioned the $100.00 fee required. Mr. Peterson stated the fee was necessary because of the staff time involved - not only Planning, but Building and Fire Depart- ments as well. Councilman Scott indicated that it would be unusual for anyone to come in and ask for the "P" designator. Most of the "P" zones have been instigated by either the Council or staff. Mr. Peterson commented on the number of properties in the City that are already zoned ih the "P" Modifying District that are still undeveloped. The usual way in which the fee would be collected would be to develop the property under the existing zoning that has been there for some time. City Council Meeting 10 July 29j 1975 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. ORDINANCE NO. 1632 - It was moved by Mayor Hamilton that this AMENDING TITLE 19 OF THE ordinance be placed on its first reading CITY CODE BY AMENDING SECTIONS and that reading of the text be waived by ALL RELATING TO THE "P" PRECISE unanimous consent, with the deletion of PLAN MODIFYING DISTRICT the $100.00 fee. FIRST READING The City Council finds that in accordance with the Negative Declaration IS-75-1 and the findings therein that the proposed amendment will not have any possible significant impact on the environment, and further, certifies that the Negative Declaration has been prepared in accordance with CEQA 1970, as amended. The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hyde, Egdahl, Scott, Hobel Noes: None Absent: None PUBLIC HEARING - Director of Planning Peterson presented the CONSIDERATION OF PUBLIC Public Building Element which was prepared BUILDING ELEMENT OF THE pursuant to Council's instructions. The GENERAL PLAN Council felt that the adoption of a com- prehensive policy pertaining to the location and arrangement of public buildings would enable Chula Vista to better gauge its capital expenditures to the physical growth and development of the Planning Area and the public's need for services. A Negative Declaration was issued on January 15, 1975 and certified by the Planning Commission on May 14, 1975. Mr. Peterson briefly discussed the text of the Element commenting that it was con- tinued from the June 10 meeting to upgrade the language of the Plan. Population figure Councilman Hyde questioned the population figure stated on page S of the Plan - 167,000 by 1990. Mr. Peterson felt this was a high figure, but that it was on the General Plan. City Council Meeting 11 July 29, 1975 Location of Court Mayor Hamilton noted that the Court facility facility is shown on the plan as being on "F" Street. He commented that this should be changed to the Third and "H" site. Branch libraries Councilman Hyde discussed the statement concerning branch libraries (page 10 of report), whereby it states that branch libraries shall not be established in the absence of strong evidence. .central library cannot meet...needs of...residents. It was his understanding that the Council will consider a branch library if the need occurred. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. James Matherly Mr. Matherly stated he was against building 402 Twin Oaks Avenue a large court complex on "H" Street. He Chula Vista asked the Council "to think small" utilizing the post office building and the Council Chamber room. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to change It was moved by Councilman Hyde, seconded population figure by Councilman Egdahl and unanimously carried that the population figure indicated on page five of the Element be reexamined and corrected if necessary on the basis of current projections and that it be modified annually. Motion to change wording It was moved by Councilman Hyde, seconded regarding branch libraries by Councilman Scott and unanimously carried that paragraph three on page 10 of the Element be amended to read as follows: (Second sentence) Delete the word "shall not" and delete the word "in the absence of strong" and in lieu thereof, substitute the words which would make the sentence read as follows: "Branch libraries and/or store front libraries may be established upon evidence that the central library cannot meet the public library needs of a significant number of residents." Motion to change It was moved by Councilman Hyde, seconded court facility site by Councilman Scott and unanimously carried that the site indicated for the court facility be relocated to the corner of Third Avenue and "H" Street. City Council Meeting 12 July 29, 1975 RESOLUTION NO. 7840 - Offered by Councilman Scott, the reading ADOPTING THE PUBLIC BUILDING of the text was waived by unanimous con- ELEMENT OF THE CHULA VISTA sent as amended. GENERAL PLAN The City Council finds that in accordance with Negative Declaration IS-75-4 and the findings therein, the Public Building Element of the Chula Vista General Plan will not have any possible significant impact on the environment; and further certifies that the Negative Declaration was prepared in accor- dance with CEQA, 1970 as amended. The motion carried by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted with the exception of the resolution approving the agreement with Steve Halsey Associates for landscaping services. RESOLUTION NO. 7841 - The Conununity Hospital of Chula Vista has GRANTING SEWER SERVICE requested a variance from the standard CHARGE VARIANCE TO THE sewer service charge for its new site at COMMUNITY HOSPITAL OF 751 Dora Lane. The Engineering Division has CHULA VISTA investigated the circumstances concerning water usage and sewage generation at the site and recommended in favor of the variance. RESOLUTION NO. 7842 - At the meeting of July 22, 1975, the City DESIGNATING DELEGATE AND Council designated Councilman Will T. Hyde ALTERNATE TO THE REGIONAL to serve as alternate to RETC. Councilman EMPLOYMENT AND TRAINING Scott was appointed the delegate at the CONSORTIUM (RETC) Council meeting of April 1, 1975. RESOLUTION NO. 7843 - Congregational Towers, a 186-unit, Section APPROVING PARTICIPATION IN 236 Federally-assisted project for the T~E FEDERAL RENT SUPPLEMENT elderly, has requested that the Department PROGRAM BY QUALIFIED HOUSING of Housing and Urban Development issue a OWNERS OF PROPERTY LOCATED IN Rent Supplement Contract which will be THE CITY OF CHULA VISTA limited to 74 qualified tenants in occupancy who, because of a rent increase, can no longer afford to pay the basic rent. City Council Meeting 13 July 29, 1975 RESOLUTION NO. 7844 - The County of San Diego is proposing to widen CALLING A PUBLIC HEARING TO Main Street and to underground the over- DETERMINE WHETHER PUBLIC head utility lines from Beyer Way to 2100' NECESSITY, HEALTH, SAFETY east of Hilltop Drive. A portion of the OR WELFARE REQUIRES THE project lies within the boundaries of Chula FORMATION OF AN UNDERGROUND Vista. The County Board of Supervisors has UTILITY DISTRICT ON MAIN conditioned the project upon Chula Vista STREET - OTAY VALLEY ROAD FROM forming a district on that portion of Main BEYER WAY TO 2100 FEET EAST OF Street/Otay Valley Road which lies within HILLTOP DRIVE its boundaries. A public hearing will be scheduled for August 19, 1975 on this matter. RESOLUTION NO. 7845 - A traffic yield sign was installed on Calle ESTABLISHING YIELD RIGHT- Escarpada on December 23, 1974. It has OF-WAY ON CAMINO ELEVADO provided good traffic control at this inter- AND CALLE ESCARPADA IN THE section. The City Engineer and Safety CITY OF CHULA VISTA Commission recommended that the regulation be made permanent. (End of Consent Calendar) RESOLUTION As a result of the Community Block Grant APPROVING AGREEMENT BETWEEN funding program, an amount not to exceed THE CITY OF CHULA VISTA AND $7,500.00 has been appropriated to build a STEVE HALSEY ASSOCIATES TO neighborhood park at Mueller School. Three PERFORM LANDSCAPE SERVICES (3) architectural firms have been inter- RELATIVE TO THE MUELLER viewed by the committee and the recommen- SCHOOL SITE dation is that the firm of Steve Halsey and Associates of San Diego be awarded the contract. Cost of project Community Development Director Desrochers explained that the $7,500.00 includes plans, specs, bidding and supervision. In answer to Councilman Hyde's query, Mr. Desrochers stated that the $60,000.00 allocated would only do one-half of the job. Utilization of Landscape Councilman Scott questioned whether consid- P~ner' eration was given to in-house capacity for utilizing the Landscape Planner thereby saving $7,500.00. Planning Director Peterson noted there were priorities established for the landscape planner and these would have to be revised if the Council wishes to use him on this project. City Manager Cole explained that this relates to the whole budgetary process: setting up of the parks and how they were to be accomplished by the landscape architect. If he is taken off these projects, it means that the projects will not be completed this fiscal year. The priorities would have to be reviewed. City Council Meeting 14 July 29, 1975 Motion for City It was moved by Councilman Scott, seconded Manager's report by Councilman Hobel and unanimously carried that this matter be held over for the City Manager's report; this is due next week. RESOLUTION NO. 7846 - Mayor Hamilton stated he is abstaining from FINDING NO SIGNIFICANT discussion and vote on this item due to a ENVIRONMENTAL IMPACT DUE TO possible conflict of interest. THE ACQUISITION OF CERTAIN REAL PROPERTY NEAR THE On June 4, 1975, the City Council authorized SOUTHWESTERLY CORNER OF the acquisition of the property for the THIRD AVENUE AND "H" STREET South Bay Court complex. On June 19, 1975, FOR THE SOUnd BAY COURTHOUSE the Environmental Review Committee recom- AND RELATED FACILITIES mended a Negative Declaration on the acquisition. 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, Nobel, Hyde, Egdahl Noes None Absent: None Abstain: Mayor Hamilton RESOLUTION NO. 7847 - The Community Development Director has been pROVtDI~ FOR TBE SPECIAL appointed by the City Manager to coordinate ~FROp~I~TIC~ OF FUNDS IN activities associated with the acquisition ~ A~O~T O~ $10,000.00 TO of a site for the South Bay Court Facility. PROVIDE SPECIALIZED SERVICES The Director requested the sum of $10,000.00 IN THE ACQUISITION OF A SITE to begin title search and appraisal pro- FOR THE SOUTH BAY COURT cesses relative to the possible purchase FACILITY of the Third Avenue and "ti" Street site. 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 RESOLUTION NO. 7848 - The special election held on May 27, 197S - PROVIDING FOR THE SPECIAL Referendum on the Plaza del Rey - cost APPROPRIATION OF FUNDS FOR $19,738.74. Since this was not a budgeted SPECIAL REFERENDUM ELECTION item, a special appropriation must be made. HELD ON MAY 27, 1975 City Council Meeting 15 July 29, 1975 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 ORDINANCE The ordinance prohibits smoking in certain AMENDING TITLE 8 OF THE CITY public places such as elevators, public CODE BY ADDING A NEW CHAPTER transportation facilities, City buildings 8.22 RELATING TO THE PROHIBITION posting a "No Smoking" sign, public meeting AND REGULATION OF SMOKING IN places, theaters, health care facilities CERTAIN AREAS AND PREMISES IN and service waiting line areas. THE CITY OF CNULA VISTA BY OR OPEN TO THE PUBLIC - FIRST READING Request for continuance Councilman Scott noted the written request sent to Council by Mrs. Marge Stein asking that the ordinance be continued to Septem- ber 2 so that the Legislative Action Committee of the Chamber of Commerce can study and report on it. Motion for continuance It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this ordinance be held over until September 2 so that the Legislative Action Committee of the Chamber can study and report on it. ORDINANCE NO. 1633 - City Attorney Lindberg explained the need AMENDING SECTION 6.24.0S0 for the ordinance stating that several OF THE CITY CODE RELATING TO incidents involving dogs biting persons VICIOUS DOGS AND PROCEDURES have occurred within the past few weeks FOR QUARANTINE AND DESTRUCTION. and have been occurring with greater FIRST READING frequency with the growth of the City. At the request of the Animal Regulation Officer, the ordinance has been prepared strengthening the City's present regula- tions governing the problem of vicious dogs. Ordinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on its 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 City Council Meeting 16 July 29, 1975 ORDINANCE NO. 1634 - The City Attorney reported that repeated AMENDING SECTIONS OF THE problems have arisen regarding the keeping CITY CODE ALL RELATING of a multiplicity of dogs and cats as well TO THE KEEPING OF PETS, as problems relating to the placement of LIVESTOCK, BIRDS AND coops and cages for rabbits and fowl. BEES AS TO NUMBERS Therefore, this ordinance has been prepared PERMITTED AND HOUSING limiting the numbers of dogs and cats RESTRICTIONS which may be kept within single-family FIRST READING as well as multiple-family residences. In answer to the Council's questions, the Attorney explained the various provisions of the ordinance. Councilman Hyde spoke against the provision of the ordinance relating to keeping three (3) of dogs and/or cats before it consti- tuted a kennel. Motion to delete It was moved by Councilman Hyde that the section section relating to the limitation of dogs, cats and birds be deleted from this ordinance, as proposed. No second to motion The motion died for lack of second. Ordinance 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, Egdahl Noes: Councilmen Scott, Hyde Absent: None ORDINANCE NO. 1630 - The property consists of 1/3 acre located AMENDING ZONING ~ApS at the northwest corner of East "L" Street ESTABLISHED BY SECTION 19.18.010 and Telegraph Canyon Road on which the OF THE CITY CODE REZONING THAT applicant proposes to locate an 1800 square CERTAIN PROPERTY LOCATED AT foot real estate office. The ordinance 376-380 TELEGRAPH CANYON ROAD was placed on first reading at the meeting FROM R-3 TO C-O-P of July 22, 1975. SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent None City Council Meeting 17 July 29, 1975 RECESS A recess was called at 10:40 p.m. and the meeting reconvened at 10:53 p.m. REPORTS OF THE CITY MANAGER Fire protection services for City Manager Cole reported as to the status unincorporated areas of the City's offer of fire protection ser- vices to the 29 properties in the unincor- porated area which will be without such service due to the County's cancellation of its contract with the State Forestry Service. Mr. Cole stated that the Cities of Escondido and E1Cajon are requiring the property owners in question to annex to their cities if they want fire protection services. Mr. Cole recommended that this City not proceed with any fire protection service contracts at this time due to administration and enforcement and the precedent it would establish regarding a possible proliferation of city service contracts to unincorporated areas rather than full annexation to the City. Motion to file It was moved by Councilman Egdahl and sec- onded by Councilman Hobel that the matter be filed and the City seek annexation of these properties. Contract for fire Councilman Scott felt the City should give services these property owners a one-year contract at the rate of $1.00 of their assessed valuations. Discussion followed in which Councilman Hyde indicated that these people should obtain fire services in the same manner as all other tax payers in the City - by annexing. Motion to file The motion to file and seek annexation failed failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NO£S: Councilmen Scott, Hobel, Hamilton Absent: None Motion for contract It was moved by Councilman Scott and sec- IF services ended by Councilman Hobel that the City offer the services for the amount of $1.00 per assessed valuation - this is to be for a one-year period of time beginning July 1, 1975. City Council Meeting 18 July 29, 1975 Motion carried The motion to offer the services for the amount of $1.00 per assessed valuation carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None STATUS REPORT - City Manager Cole submitted a written report COMMUNITY DEVELOPMENT reviewing the status of the various project BLOCK GRANT PROGRAMS activities under the Community Development Block Grant's first year program which started May 1, 1975 and terminate on April 30, 1976. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. REPORTS OF CITY OFFICERS REPORT ON WALL ON "H" STREET Director of Public Works Robens presented a EAST OF HILLTOP DRIVE plat of the area in question. He cited the cost of the wall construction: at the intersection of Hilltop, the wall costs $37.50 for an average 4' high wall, and the wall on "H" Street (to the east) costs $48.60 for the 4' wall. To remove and replace the landscaping would be $2,000.00; therefore, the total cost to construct 4 feet walls in both areas would be $10,600.00. Mr. Robens added that the County owns both parcels and have no interest in constructing the walls. As to the wall on "H" Street, when that property becomes developed, then the wall would have to come out because the only access to that property is from "H" Street. Motion for letter to It was moved by Councilman Scott, seconded Board of Supervisors by Councilman Hyde and unanimously carried that the Mayor send a letter to each of the members of the Board of Supervisors explaining the City's position on this, and requesting their assistance in getting the County to do something about this problem. PROGRESS REPORT ON LANDSCAPING Director of Planning Peterson reported that AND FENCING OF THE PARKING in 1972 the Service Club Center received AREA OF THE CHULA VISTA SERVICE approval of a use permit to locate a portion CLUB CENTER AT FOURTH AND of their offstreet parking area in the MANKATO adjacent R-$ zone based on certain condi- tions pertaining to installation of fences, walls and landscaping. Since January 1975, the staff has met with representatives of the Center to discuss these conditions. Mr. Peterson stated that a building permit for the wall was issued last week and a landscape plan will be submitted shortly. City Council Meeting 19 July 29, 1975 Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REQUESTS OF CITY BOARDS AND COMMISSIONS Request from Library Board The Library Board of Trustees requested of Trustees regarding senior (1) consideration of utilizing the City's citizen volunteers and senior citizens by allowing them to perform establishment of Mayor's voluntary services to augment the opera- committee tion and maintenance of the new library facility, and (2) the establishment of a Mayor's committee to inform the public of the needs of the library and to coordinate receiving the gifts and donations. Recommendation No. 1 be It was moved by Councilman Hyde, seconded approved by Councilman Egdahl and unanimously carried that recommendation No. 1 be approved and ask the City Manager what it takes to implement it and so advise the Council. Suggestion for Councilman Egdahl suggested these people be waiver asked to sign some sort of waiver in their employment with the City. Recommendation No. 2 It was moved by Councilman Hyde, seconded adopted by Mayor Hamilton and unanimously carried that recommendation No. 2 be approved and ask the Library Board to perform this function itself rather than creating a Mayor's committee for that purpose. MAYOR'S REPORT Appointment to Mayor Hamilton announced that he was Transportation Committee appointed to one of the permanent standing committees of the U. S. Conference of Mayors - the Transportation Committee. COUNCIL'S COMMENTS Downtown Improvement Councilman Hyde reported that he attended District requests a meeting of the Downtown Association and they asked for the following City assis- tance in their Christmas displays: (l) City help to install and remove exterior decorations (2) Assistance of the City to obtain per- mission from San Diego Gas and Electric Company or Telephone Company to mount the decorations on the telephone poles on "F" and Center Streets. (3) Have the Parks and Recreation Depart- ment repeat the window decorating program. City Council Meeting 20 July 29, 1975 City Manager Cole stated he is informed of these requests and will have a report to the Council in two (2) weeks. Donation to It was moved by Councilman Hyde, seconded Library by Councilman Egdahland unanimously carried that a letter be prepared for the Mayor's signature to be sent to the Fraternal Order of Eagles thanking them for the $100.00 donation given to the Library. Antennaes Councilman Hyde asked about the status report on the Council's direction for a change in the ordinance relating to radio transmitting antennaes. He noted that the minutes of the Planning Commission meeting of July 9, with four (4) members present, voted 3 to 1 not to adopt the staff's recommendation. Councilman Hyde stated that this motion did not pass (as indicated in the minutes) since it was not a majority vote of the Commission. Planning Director Peterson stated that the Council will hold a public hearing on this matter on August 26, 1975. ABSENCE FROM CITY Councilman Egdahl discussed his recent trip to England and the neighboring countries stating he was glad to be back in Chula Vista. BUS SCHEDULE Councilman Scott said he received a call AT ROHR from an employee at Robr stating that the bus leaves the grounds at Rohr at 4:30 p.m. This is the time the people get off their shift. The bus driver has been waiting for 10 minutes or so for these people. Motion for staff It was moved by Councilman Scott, seconded direction by Mayor Hamilton and unanimously carried that the staff look into making sure that the buses are there somewhere after the shift gets out and not go off empty just to make a time schedule. WRITTEN COMMUNICATIONS Verified claim for damages Mr. Berlanga filed a claim for damages in Joseph A. Berlanga the amount of $5,000.00. He claimed that 1286 Fourth Avenue on June 6, 1975, Chula Vista Police Depart- Chula Vista ment failed to properly investigate con- flicting claim as to the true right to possession of one 1972 Lincoln Continental Mark IV automobile. City Council bleeting 21 July 29, 1975 Claim denied It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. Request from Chula Vista Mrs. Ruby Machado stated she had a meeting Heritage Days group for with the City Librarian and was concerned art display in new library about the fact that there will be no space in the new library for display of any pictures. She asked that a 6' high circular stand be purchased for picture display and for locked display cases - both for the Chula Vista Room to display pictures and antiques of Chula Vista. Referred to Library It was moved by Councilman Scott, seconded Board of Trustees by Mayor Hamilton and unanimously carried that the request be referred to the Library Board of Trustees. Resignation of Paul Santoro Mr. Santoro submitted his resignation from Environmental Control Commission the Environmental Control Commission and Historical Site Board citing the pressure of business and other vital interests which precludes his full participation in areas felt to be of great concern. Accepted with regret It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the resignation be accepted and a letter of thanks sent to Mr. Santoro for his ser- vices on this commission. Request for permission to Mr. Jim Fergus, Bicentennial Parade Chair- hold parade on July 4, 1976 man, requested permission to hold a 4th Elks Lodge No. 2011 of July parade marking the Bicentennial. Permission granted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the request be approved. RECESS TO REDEVELOPMENT The Council recessed to the Redevelopment AGENCY MEETING Agency meeting at 11:25 p.m. and the meeting reconvened at 11:40 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:40 p.m. to the Council Conference scheduled for July 30, 1975 at 4:30 p.m.