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HomeMy WebLinkAboutcc min 1975/02/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday February 4, 1975 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:30 p.m. in the Council Chamber, City Hall, Chula Vista, California, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present; Director of Public Works Cole, City Attorney Lindberg, Acting Director of Public Works Robens, Director of Planning Peterson, Director of Parks and Recreation Hall, City Librarian Levine, Director of Redevelopment Operations Desrochers The pledge of allegiance to the Flag was led by Mayor Pro Tempore Egdahl, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hobel and seconded by Councilman Scott that the minutes of the meeting of January 28, 1975 be approved, copies having been sent to each Councilman. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Egdahl, Scott Noes: None Absent: Mayor Hamilton INTRODUCTION OF GUEST blayor Pro Tempore Egdahl introduced bliss COMMISSIONER Lisa Lassman, member of the Youth Commission, as guest comissioner for this meeting. (blayor Mamilton arrived at this time.) PRESENTATION BY Mr. Campbell, Port Commissioner, was not C. R. CAMPBELL present to give the report of the activities of the Bayfront area. REPORT ON SAN DIEGO Mr. Thomas A. Crandall, Executive Director COAST REGIONAL of the San Diego Coast Regional Conm~ission, COb~ISSION'S PAST reported on where the Commission is now on AND FUTURE ACTIVITIES its planning effort, and what the next several months' plans are for both the regional and state commissions. Both the regional and state are interim bodies that will go out of existence at the end of 1976 or before, if the Legislatures should act prior to that. By December 1975, the Commission must submit and adopt the Coastal Zone and Conservation Development Plan. It will be submitted to the State Legislature by January 1, 1976. City Council Meeting 2 February 4, 1975 , Mr. Crandai1 noted that this preliminary plan will go out to the local agencies for review by the first of March and the regional com- mission will hold public hearings on it in mid-May. ORAL CO~{~UNICATIONS There were none. PUBLIC HEARING - In a written report to the Council, Director CONSIDERATION OF CHANGE of Plah~ing Peterson explained that the OF ZONE FOR 3.96 ACRES applicant desires to construct 78 apartment LOCATED AT THE NORTHWEST units on 3.96 acres at this location. In CORNER OF PALOMAR STREET conjunction with the rezoning, the applicant AND SECOND AVENUE FROM also requests that the Precise Plan for the R-3-G-D TO R-3-M-P development be approved. Mr. Peterson noted that this subject property has been considered by the Council and Planning Com- mission on eight previous occasions. Director Peterson submitted a plot plan de- tailing the proposed development. He stated that he concurs with the recommenda- tion of the Planning Conunission approving the proposed development subject to a number of conditions. In answer to Council's inquiries, Mr. Peterson explained the density proposed, landscaping of the parking lot and fence requirements. Public hearing opened This being the time and place as advertised, the public hearing was opened. Ray Huffman ~ir. Huffman, the applicant, discussed the Huffman Construction background of this plan whereby it was first Company submitted to the Planning Commission one year ago by Mr. Peter Aardema. ~4r. Aardema was dissatisfied with the conditions imposed by the Commission and Council and subsequently sold the land to Mr. Huffman. ~r. Huffman detailed the development plans, stating that he does propose to construct a fence on three sides of the project and will put in some "heavy" landscaping in the parking area. He discussed the need for the increase in units. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1607 - It was moved by Councilman Egdahl that this AMENDING ZONING MAP ordinance be placed on first reading and ESTABLISHED BY SECTION that reading of the text be waived by 33.401 OF THE CITY CODE unanimous consent. REZONING THAT CERTAIN PROPERTY LOCATED AT The motion carried by the following vote, THE NORTHWEST CORNER to-wit: OF PALOMAR STREET AND SECOND AVENUE FROM AYES: Councilmen Egdahl, Scott, Hobel, R-3-G-D TO R-3-M-P - Hamilton, Hyde FIRST READING Noes: None Absent: None City Council Meeting 3 February 4, 1975 RESOLUTION NO. 7613 - Offered by Councilman Egdahl, the reading of APPROVING PRECISE PLAN the text was waived by unanimous consent, FOR THE DEVELOPMENT OF passed and adopted by the following vote, PROPERTY AT THE NORTH- to-wit; WEST CORNER OF PALOMAR STREET AND SECOND AYES: Councilmen Egdahl, Scott, Hobel, AVENUE Hamilton, Hyde Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted with the exception of the resolution granting an easement to Robert Casey for back-up generator at Rancho Robinhood (Item No. 73. RESOLUTION NO. 7614 - ~e County of San Diego has notified the APPROVING AGREEMENT City that its allocation has been increased BETWEEN THE CITY OF from $325,300 to $705,007, and has given CHULA VISTA AND THE authorization to hire CETA participants under COUNTY OF SAN DIEGO Title VI of this Act. Under this agreement, FOR COMPREHENSIEVE there is no City matching requirement and EMPLOYMENT AND a 20% factor for non-personnel expenses is TRAINING ACT (CETA) included as part of the grant. The agree- TITLE VI FUNDS ment covers the period January 15, 1975 through January 10, 1976. RESOLUTION NO. 7615 - Bids were received on January 27, 1975 for ACCEPTING BIDS AND furnishing one hundred fifty thousand AWARDING CONTRACT FOR printed two-way mailers which will be used PRINTED TWO-WAY MAILERS by Data Processing for the Sanitary Service billing as follows: Standard Register 85.93 M $12,889.50 Forms Management 95.02 H $14,253.00 It was recommended that the contract be awarded to the low bidder, Standard Register and the amount of $13,622.87 (including tax) be appropriated from the unappropriated surplus of the General Fund. RESOLUTION NO. 7616 - The following bids were received on January ACCEPTING BIDS AND 16, 1975: AWARDING CONTRACT FOR R.E. Hazard Contracting Company, $37,gg6.70 THE PUBLIC IMPROVEMENTS San Diego IN THE 1000 BLOCK OF A B C Construction, Sail Diego $37,994,25 DEL MAR AVENUE - 1911 T. ~. Penick ~ Sons, San Diego $40,915.68 Daley Corporation, San Diego $41,243.00 ACT ASSESSMENT DISTRICT ~. E. I~ilson Contracting $42,252.30 74-1 Company, Chula Vista Griffith Company, San Diego $43,599.90 Pullaro Construction, E1 Cajon $53,053.40 The City participated in the installation of a new water main in the 1000 block of Del Mar Avenue and the district will have to pay the cost of $1000 for the relocation of water meters and water services. This cost will be paid out of the deposit made by the contractor. City Council Meeting 4 February 4, 1975 It was recommended that the contract be awarded to the low bidder, R. E. Hazard Contracting Company, RESOLUTION NO. 7617 - San Diego Gas & Electric Company, on SETTING DATE FOR PROPERTY November 18, 1974, informed the City that TO BE READY TO RECEIVE they will start construction on underground- UNDERGROUND SERVICE AND lng the utilities on Broadway between REMOVAL OF OVE~fEAD and 'T' Streets on blay 1, 1975 and complete FACILITIES - BROADWAY the construction by August 26, 1975. Pacific UNDERGROUNDING DISTRICT - Telephone will have their poles removed by "H" STREET TO "I" STREET October 3, 1975. ~le utility companies have recommended that the City establish June 16, 1975 as the date by which customers now served from overhead facilities to be removed must be ready to receive service from the under- ground system to be installed. RESOLUTION NO. 7618 - Metro-Young has requested an extension of APPROVING AN EXTENSION time to February 10, 1975 to complete the OF TIb~ FOR BAY BOULE- construction of sanitary sewer facilities. VARD SEWER, "F" TO "G" The Division of Engineering has determined STREETS - METRO-YOUNG that the request is justified in that the contractor was delayed several days be- cause of rain, encountered some very un- stable trench conditions and that replacing all the pavement at one time will result in a better quality job. RESOLUTION NO. 7619 - At Council direction, this resolution has been OPPOSING AB 337 RELATING prepared which opposes the curb imposed by TO REVENUE LIMITS RE- the Legislature upon the revenue increases PLACING TAX RATE CEILINGS of local municipalities related to the annual cost of living increases and popula- tion adjustments. RESOLUTION NO. 7620 - The resolution opposes AB 188 which would OPPOSING AB 188 RELATING preclude any city from imposing taxes or TO LIMITATION OF CITIES' fees on the construction permit for low AUTHORITY TO IMPOSE FEES rent housing development for the elderly. AND TAXES RESOLUTION NO. 7621 - On January 22, 1975, the Planning Commission APPROVING AGREEMENT FOR granted a deferral of public improvements DEFERRAL OF PUBLIC IM- for the public alley at the rear of 355 PROVEMENTS ADJACENT TO Third Avenue in conjunction with an appli- 355 THIRD AVENUE cation for a building permit. The action was conditioned upon posting of a perform- ance guarantee in the amount of $2,000. The property owners have chosen to execute a lien agreement to serve as a performance guarantee. (End of Consent Calendar) RESOLUTION APPROVING AND In connection with the development of Rancho GRANTING EASEMENT TO Robinhood Subdivision, a booster pump is ROBERT E. CASEY FOR to be installed by the developer to meet BACK-UP GENERATOR AT the minimum water pressure to serve Lots RANCHO ROBINHOOD SUBDIVISION 100-114 located on a higher elevation. The City Council Meeting 5 February 4, 1975 Fire Department is requiring a back-up generator in case of an electrical power failure serving the pump. Because Cai-Am will not allow the developer to install the back-up generator within their easement, Mr. Casey is requesting that the City grant him an easement on a portion of Lot liS. Councilman Hyde questioned whether there would be any landscaping around the back-up generator. Assistant Director of Public Works Robens noted that it is not required. Motion for landscaping It was moved by Councilman Hyde and seconded by Councilman Egdahl that the resolution be ~mended to include the phrase: "subject to landscaping requirements as determined by the staff, if any." Council discussion The Council discussed the site location, who would be responsible for the landscaping, and any liability incurred by the City in having this on City property. Councilman Scott asked the reason why Cai-Am was not furnishing this easement. Motion for continuance It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be continued for one week for a staff report on why this generator is not being put on the Cai-Am right-of-way and the feasibility of requiring landscaping. RESOLUTION NO. 7622 - On October 29, 1974, the Council approved APPROVING AGREEMENT BETWEEN Resolution No. 7489 approving an agreement THE CITY OF CHULA VISTA AND with the State Department of Finance for THE COUNTY OF SAN DIEGO FOR execution of a 1975 Special Census appro- SERVICES ASSOCIATED WITH priating the sum of $30,000 for that purpose. CONDUCTIN~ A 1975 SPECIAL CENSUS AND AUTHORIZING THE On November 26, 1974, the Council accepted MAYOR TO EXECUTE SAID the City Manager's recon~endation to withdraw AGREEMENT AND RESCINDING the unexecuted census agreement and pursue RESOLUTION NO. 7489 a regional, coordinated census to be adminis- tered by the County. Negotiations with the County staff have resulted in.a planned census effort which will involve all thirteen cities in the region. Resolution offered Offered by Councilmau 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 City Council Meeting 6 February 4, 1975 RESOLUTION APPROVING ~e present lessee of the bar and restaurant AGREEMENT BETWEEN THE facilities of "The Glenn," Dick Agee, has CITY OF CHULA VISTA requested permission to assign his leasehold AND DONALD J. DANIELSON, interest to a partnership. An examination T. DAVID EYRES, JOSEPH M. of the financial qualifications of the members BURFdtART, GENE R, SIEBEN of the partnership and the restauranteur FOR THE OPERATION OF THE capabilities of Mr. Danielson appear to be BAR AND RESTAURANT AT THE satisfactory. CHULA VISTA MUNICIPAL GOLF COURSE~ City Attorney Lindberg reported that he met several times with the attorney representing the partnerghip and a new lease has been prepared which would allow them to assume control. The lease is for a twenty-year period from February 4, 1975 through February 3, 1995. Mr. Lindberg noted the changes that have been made in the agreement - revised copies Bore submitted to the Council this evening. Council discussion Council discussion ensued as to the rent paid each month ($300.00) or the sum equal to 4% of the gross proceeds of all sales. City Attorney Lindberg explained that the change made here is that any interest pay- ments for improvements made by the Lessee shall be deducted from the maximum 4% of the gross rental proceeds. T. David Eyres Mr. Eyres, one of the partners of the new operation, stated it was their understanding that the leasehold improvements made by Mr. Agee had been amortized over a period of a loan, and it was these amortized pay- ments that were reduced from the 4% gross figure with a minimum figure of $300. It was a principal and interest payment - not just interest only. ~ichael London Mr. London, attorney for the purchasers, London and Conner said this was the understanding when he 2130 Broadway talked to Mr. Lindberg. San Diego Improvements to the Councilman Scott commented on having an facilities overall plan for improvements to the facility, have the City pay for it, and then increase the rent accordingly to take care of it. Mr. Hall, Director of Parks and Recreation, indicated this was proposed when the first lease was being drawn up. City Attorney Lindberg declared that under the lease agreement, the City does not have the right to stipulate specific improvements. However, the City can renogotiate the lease on specifics. Change in No. 26 Mayor Hamilton proposed that this be reflected Renegotiation of Lease in Paragraph 26 to state "...during ~he ~er~ of this lease, either the Cit~ Council or the Lessee pre~ent~ p~opo~al~..." City Council Meeting 7 February 4, 1975 A~torney London declared that his clients have a good financial background and will turn the restaurant into a Class A restaurant, making it a successful operation. Mr, London felt that Paragraph 6, as written, was sufficient in that it requires them to have a plan and to go forward with improve- ment s. City Attorney Lindberg agreed that this para- graph did cover this point, but it would not be detrimental to either party to modify the agreement, stating there could be a renego- tiation of the lease agreement if the City were to develop a master plan and invest its funds, then that would be a basis for renegotiation for tile rental payments. Change in No. 6 Councilman Egdahl noted that this paragraph Improvements to be made does not require the lessee to develop a by Lessee comprehensive plan. He would like to see written into this paragraph a requirement for a master plan from the lessee as to what improvements are contemplated for the next twenty years. Change in No. 5 Councilman Hyde suggested the wording be Proposed Type of Operation changed whereby it states: "...Desse¢ may e~tabli~h a reataurant open to... the public..." to "...Lessee shall establish a restaurant open to...the public..." Mr. Hail explained that the staff was trying to enrphasize that the golfer that gets up at 6:00 a,m. to play golf should have some service, If the Lessee wants to have a Class A restaurant, that's fine, but the golfers should not be neglected. Change in N9. 7 Councilman Hyde questioned the last sentence Master Plan of this paragraph which states: ~n the event that a master plan...should include a motel...the Lessee has the right of first refusal for the development of such a facility." Mr. Lindberg noted this statement was put in at the request of the lessee. The staff went along with it because the master plan to be developed will be one approved by the City and gives the City the control over the site plan and architecture. Suggestion for continuance Councilman Scott questioned the rationale for putting in this statement. He indicated that the changes being proposed by the Council were of extreme importance and felt the agreement should be brought back to the Council noting the changes that have been made -- either put them in bold type or have the changes crossed out. Motion for continuance It was moved by Councilman ifyde, seconded by Councilman Scott and unanimously carried that this matter be continued for one week and that the draft of the resolution be prepared in such a way to reflect the dele- tions from the old lease and the additions and changes in the new lease. City Council Meeting 8 February 4, 1975 Councilman Egdahl asked that the resolution also include some of the suggestions made by the Council this evening. Change in No. 8 Amortization ~f Improvements Councilman Hobel asked for clarification of the statement which reads: "...cost of said improvements 8hall be amortized...including those improvements heretofore installed by Lessee's predecessor in interest..." He asked if the clock was starting again for a twenty-year depreciation of the improve- ments made by the former lessee. City Attorney Lindberg explained that it is the ~ime of the completion of the improve- ments. He will clarify this statement. RECESS A recess was called at 9:10 p.m. and the meeting reconvened at 9:27 p.m. ORDINANCE NO. 1608 - City Attorney Lindberg explained that the AMENDING CHAPTER 14 OF ordinance provides that monies collected for THE CHULA VISTA CITY a particular program by tile Parks and CODE BY ADDING A NEW Recreation Department would be held in ARTICLE 4, SECTION trust for that program. In the event that 14.401 ESTABLISHING there are monies remaining in the individual RECREATION TRUST FUNDS program accounts at the end of the fiscal AND PROCEDURES FOR THE year, those funds may be transferred to USE OF THESE FUNDS - the Adult Advisory Account for the develop- FIRST READING ment of other programs. Director of Parks and Recreation Hall ex- plained the need for the trust fund and procedures. O~dinance placed on It was moved by Councilman Egdahl that this first reading ordinance 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 UNANIMOUS CONSENT ITEM RESOLUTION NO. 7623 - A total of six additional vehicles plus AUTHORIZING THE NEGOTIATED four jack hammers with attachments are LEASE OF VEHICLES TO SUP- required to support the CETA personnel. PORT CE TA , TITLE VI PERSONNEL 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: ~YES: Councilmen Itobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None City Council Meeting 9 February 4, 197S REPORT ON FINANCIAL City Attorneyy Lindberg stated that there is SUPPORT IN SENDING no obstacle in terms of a gift of public funds CHULA VISTA BANDS from this Council and that it would be ap- TO WESTERN DIVISION propriate to make such an appropriation. Mr. OF THE MUSIC EDUCATORS Lindberg added that the bands do not fall NATIONAL CONFERENCE within the provisions of the policy adopted by the Council (contributions to individuals and groups). Mayor Hamilton noted the newspaper article which stated that the Board of Trustees of the Sweetwater Union High School District appropriated $2,500 to match the City's amount. Motion for resolution It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that a resolution be drawn by the City Attorney providing for the support by the City of Chula Vista to Hilltop Itigh School Band and Castle Park High School Band for the purpose of attending the Western Division of the Music Educator5 National Conference. This appropriation is to be provided from the Co~nunity Promotions Fund. REPORT ON CLAIM OF City Manager Thomson explained that on MRS, S. MuSGROV~ January 7, 1975 the Cotmcil considered this claim in the amount of $118.83 for damages to the vehicle of Mrs. Socora P,~sgrove which damages occurred when a Chula Vista Police Officer pushed her vehicle with a Police vehicle. Since the claim exceeds the de- ductible amount with the City's insurance carrier, it was recommended that it be denied. Claim denied It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investiga- tion. REPORT ON SALES In a w:itten report to the Council, City TAX DISTRIBUTION Manager ~omson explained that under the Bradley Burns Sales and Use Tax Law, sales and use taxes have been distributed to cities and counties based on the location in which the sales occur. As a result, cities with large industrial parks and regional shopping centers collect larger amounts of sales taxes than residential cities. Mr. Thomson recommended that new legislation be pursued through the State legislative representatives which would shift sales and use tax distribution to a per capita basis State-wide. He further recommended that the City Attorney be directed to make ar- rangements to participate with the City of Baldwin Park in its effort to retain legal counsel to successfully change this present law. City Council Meeting 10 February 4, 1975 Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted and contact the appropriate officials. RECO~4ENDATION OF A City Librarian Levine submitted a sketch of PLAQUE ACKNOWLEDGING GIFT the plaque designed by Marshall Brown, Inte- OF THE BIRCH FOUNDATION rior gesigner. Motion to accept report It was moved by Councilman Hobel and seconded by Councilman Scott that the report be accepted. Temporary plaque Mrs. Levine said it was their understanding that the Council requested just a temporary plaque until the move into the new building at which time something of a more permanent nature would be designed. The Board of Trustees are now working on a recommendation to the Council on this. The Council noted that this was not their motion -- it was to be a plaque that would be suitable to be relocated in the new facility. Substitute motion It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that no action be taken on this plaque until such time as a recommendation is received from the Board of Trustees. REPORT ON CAPITAL IMPROVE- Assistant Director of Public Works Robens MENT PROJECT GF-1 STORM reported that there is a major drainage DRAIN, WHITNEY STREET AT problem at the intersection of East Whitney HILLTOP DRIVE Street and Hilltop Drive. $75,000 has been budgeted in the 1974-75 Capital Improvement Program for this project. The Engineering Division has reevaluated the project and has determined that the drain~g~ p~ob~em tan b~ ~olved a~ less Co~t bM ch~ngln~ its ~Oncept. The savings Wauld ~ app~dkimm~e.l¥ $25,0~0 an~ ~ould involve modifications to the existing inlets at Hilltop Drive and construction of a storm drain L000 feet easterly of Hilltop Drive to an existing storm drain which outlets onto East Whitney Street. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. In answer to Councilman Hyde's query, Director of Public Works Cole stated that this change was Mr. Roben's idea which resulted in saving the City $25,000. Motion for recognition It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that some formal notation be made of the act of the party whose action led to this savings - at least let it be incorporated into their personnel record. City Council Meeting 11 February 4, 1975 REPORT ON RIDERSHIP ON Acting Director of Public Works Robens CHULAVISTA CITY BUS LINES submitted a report on the ridership of the Chula Vista City Bus Lines. He noted that since the Sweetwater School District discontinued school bus service for secondary schools in September 1974, there has been a sharp increase in ridership. The total ridership for 1974 was 290,976 or an average of 24,233 monthly. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. PRELIMINARY CONSIDERATION Director of Planning Peterson reported that the OF THE HOUSING ELEMENT State Planning and Zoning Law (Government Code), OF THE GENERAL PLAN Section 65302 (c) requires each city and county to amend its general plan by the inclusion of a housing element. In a written report to the Council, Mr. Peterson summarized the Housing Element report, as prepared by the staff. Referred to Planning It was moved by Councilman Scott, seconded by Commission Councilman Egdahl and unanimously carried that the Housing Element be referred to the Planning Commission for public hearing and recommenda- tory action. MAYOR'S REPORT EXECUTIVE SESSION It was moved by MaFor Hamilton, seconded by Councilman Egdahl and unanimously carried that an Executive Session be called for reasons of pending litigation. MEETING WITH CPO STAFF Mayor Hamilton noted that the Comprehensive Planning Organization will hold a general assembly meeting on the transit proposal on February 10. The staff of CPO wants to meet with the City Council on an informal basis to discuss this subject. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Conference be set for Wednesday, February 12, at 3:30 p.m. COUNCIL CO~ENTS Subsidizing other Councilman Scott discussed the County Board of cities for municipal Supervisors' meeting held January 29, 1975 services at which they discussed the 'MAC appropriations. They are considering subsidizing Ramona and Castle Park for municipal services. Council- man Scott felt the Council should object f6rmally to this proposal -- if these commu- nities want these services, they should either form cities or annex to cities. City Council Meeting 12 February 4, 1975 Motion to write letter to It was moved by Councilman Scott, seconded Board of Supervisors by Councilman Hyde and unanimously carried that the Mayor write a letter to the County Board of Supervisors objecting philosophi- cally to the concept. Support of Mayors' It was moved by Councilman Scott, seconded Committee by Councilman Hyde and unanimously carried that the Mayor, by way of the Mayors' Committee, approach the various cities for support of the Council's action. Meeting on 1-5 Councilman Scott noted the meeting that will take place on the 1-5 question on February 10, 1975. Councilmen Hyde, Egdahl and Mayor Hamilton stated they would be attending the meeting ~rom 7:00 p.m. to 7:45 p.m. Mr. Cole commented that Mr. Robens will also attend. CANCELLATION OF MEETING It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the meeting of March 4 be cancelled due to the fact that there will not be a quorum. (Council will be in Washington, D.C. attending the Congressional-City Conference.) APPOINTMENTS TO BOARDS It was moved by Councilman Hyde, seconded by AND COMMISSIONS Councilman Scott and unanimously carried that appointments to Boards and Commissions be scheduled for the next meeting. MISSION CABLE TV Councilman Egdahl noted one of the tasks directed by the Council was that he meet with the City Attorney regarding the change- over for the E1 Rancho del Rey area to bring cable TV service there. Motion for City It was moved by Councilman Egdahl and seconded Attorney's report by Mayor Hamilton that the City Attorney advise the Council as to what action can be taken by this Cou-~ei] to bring this about immediately, and then for the Council to take such action so that this service can be provided to those residents of the City. City Attorney's comments Mr. Lindberg explained the encroachment permit given to Visual Cable TV for the installation of conduit (Encore Home -- E1 Rancho del Rey). This company is not in a position at this time to come in and ask for a franchise -- their only option is for disposition of the conduit system. On the other hand, by terms of their franchise, Mission Cable is obligated to serve all areas of the City. Dennis Marmon Mr. Marmon noted the reasons why Mission Cable Mission Cable TV didn't construct the conduit system in the 6225 Federal Boulevard first place. The Council did stipulate in San Diego granting the encroachment permit that the system must be compatible with what Mission Cable is building at the time. Mr. Marmon declared that the system constructed by the City Council Meeting 13 February 4, 1975 other Cable TV Company shows a"total flagrant disregard for any compatibility requirements imposed by the City." Council discussion Discussion followed regarding the legality of allowing Mission Cable to service this area utilizing the existing system. Motion for direction It was moved by Mayor Hamilton and seconded by Councilman Hobel that Mission Cable TV be directed to proceed and utilize, if possible, the system that has been abandoned. Substitute motion It was moved by Councilman Scott and seconded by Mayor Hamilton that Mission Cable TV be directed to service that area as soon as possible on whatever method is most appropriate - either by utilization of the cable or not. Clarification of motion Councilman Scott explained that the intent of his motion is to have Mission Cable TV start immediately on this project. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Egdahl, Hobel Noes: Councilman Hyde Absent: None MEETING ON INTERSTATE 252 City Attorney Lindberg noted the meeting that will take place on February 6 at 10:00 a.m. (San Diego City Council). He said he appeared at the last meeting and there was no representa- tion from National City. Mr. Cole remarked that an attorney representing National City was at that meeting but made no comments. He was informed that someone from National City will be at this next meeting - possibly their City Attorney. Mayor Hamilton asked that the staff have some representation at this meeting to present this Council's views. WRITTEN COMMUNICATIONS Request for information Mrs. Marie Homic, 244 Palomar Street, sent in regarding City's bus a letterraisi~gseveral questions pertaining system to the present City bus routes, detailed the problems she has encountered in riding the buses and proposed some alternates in the routes to make connections easier for the average citizen. Referred to City Manager It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the letter be referred to the City Manager for reply. Letter of resignation from Mr. Sherer submitted his resignation from the Ray Sherer, ECC Environmental Control Commission effective January 23, 1975. City Council Meeting 14 February 4, 1975 Resignation accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the resignation be accepted. Request from Sweetwater The Sweetwater Valley Civic Association sent Valley Civic Association in a letter stating that the Board of Supervisors regarding Bonita Plaza by a majority vote, voted to support the Civic Shopping Center in Association by filing an amicus curiae in the National City lawsuit opposing the Bonita Plaza Shopping Center in National City. They state that is their hope the City Council will do the same. Resolution to be brought It was moved by Councilman Hobel, seconded by back Councilman Hyde and unanimously carried that a resolution he brought back whereby this City would join as amicus curiae and that the resolution memorializing such action. RECESS TO REDEVELOPMENT The Council closed the business meeting at AGENCY MEETING 10:50 p.m. to the Redevelopment Agency meeting. The meeting reconvened at 11:00 p.m. ADJOURNMENT Mayor Hamilton adjourned ~he meeting at 11:00 p.m. to the meeting scheduled for Wednesday, February 5, 1975 at 4:00 p.m. in the Conncil Conference Room. City Clerk