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HomeMy WebLinkAboutcc min 1972/10/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 24, 1972 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, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, Assistant City Manager 8ourcier, City Attorney Lindberg, Director of Public Works Cole, Acting Director of Planning Williams, Director of Finance Grant The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Egdahl, and unanimously carried that the minutes of the meetings of October 10 and 11, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mrs. Ada Thompson, COMMISSIONER Chairman of the Board of Ethics, as guest commissioner for this meeting. PRESENTATION OF SERVICE A 20-year service award pin was presented by AWARDS Mayor Hamilton to the following employees: Lt. Harland C. King, Police Department Capt. Allen C. Haynes, Fire Department Assistant Chief Clyde Longerbone, Fire Department PRESENTATION BY Mr. Patten, Manager-Controller of the Sweet- MR. JOHN PATTEN water Authority, spoke on the proposed acquisition of the Sweetwater properties of the California American Water Company. He emphasized the impact on taxes, property, community control and recreation, and asked for Council support of the purchase of the water company. REPORT BY Mayor Hamilton stated that Mr. Campbell called C. ROBERT CAMPBELL him and informed him that the gentleman from the Secretary of the Interior and Chairman Miles Bowler never did have a meeting. Mr. Bowler responded to comments made by the representative of the Secretary of the Interior to the press. Mr. Campbell will write a letter to the Council explaining these circumstances. PUBLIC HEARING - City Attorney Lindberg briefly explained the INTENTION OF THE CITY TO GRANT proposed franchises. The term of the fran- GAS AND ELECTRIC FRANCHISE chises is for a period of 25 years. The consideration to be paid would be 2% of the gross annual receipts for gas, and 1.1% of the gross annual receipts for the electric franchise. The City Clerk read into the record the letter of understanding signed by Walter Zitlau, President, San Diego Gas & Electric Company, in which he agreed to include the following three conditions in the procedural manual: (1) construction of additional transmission line poles; (2) leases for private easements and rights-of-way; (3) franchise fee payments to be made on a semi-annual basis. The conditions were detailed in a letter written to Mr. Zitlau by the City Manager. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Council discussion A discussion was held on the procedure of incorporating the conditions into the manual. Councilman Scott voiced his concern over the implementation of cooperatively developing the rights-of-way. He felt it was an "open- end" matter whereby it could go from an extreme to a minimal development of the rights-of-way. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Councilman Scott commented on the requirements of the Charter whereby if a franchise ordinance is changed in any way, it must be readvertised. He felt the Charter Review Committee should look at this provision. ORDINANCE NO. 1426 It was moved by Councilman Egdahl that this GRANTING TO SAN DIEGO GAS & ELECTRIC ordinance be placed on its first reading and COMPPdqY, ITS SUCCESSORS AND ASSIGNS, that reading of the text be waived by unanimous THE FRANCHISE TO INSTALL, MAINTAIN consent. AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING The motion carried by the following vote, GAS FOR ANY AND ALL PURPOSES UNDER, to-wit: ALONG, ACROSS OR UPON THE PUBLIC AYES: Councilmen Egdahl, Scott, Hobel, STREETS AND PLACES AS THE SAME NOW Hamilton, Hyde OR MAY HEREAFTER EXIST WITHIN THE Noes: None CITY OF CHULA VISTA - First reading Absent: None ORDINANCE NO. 1427 It was moved by Councilman Egdahl that this GRANTING TO SAN DIEGO GAS & ELECTRIC ordinance be placed on its first reading and COMPANY, ITS SUCCESSORS AND ASSIGNS, that reading of the text be waived by unanimous THE FRANCHISE TO CONSTRUCT, MAINTAIN consent. AND USE POLES, WIRES, CONDUITS AND APPURTENPdqCES, INCLUDING COb~qUNICATION The motion carried by the following vote, CIRCUITS, NECESSARY OR PROPER FOR TRANS- to-wit: MITTING AND DISTRIBUTING ELECTRICITY AYES: Councilmen Egdahl, Scott, Hobel, TO THE PUBLIC FOR ANY AND ALL PURPOSES Hamilton, Hyde IN, ALONG, ACROSS, UPON, UNDER AND OVER Noes: None THE PUBLIC STREETS AND PLACES WITHIN Absent: None THE CITY OF CHULA VISTA - First reading PUBLIC HEARING - CITY'S INTENTION At the meeting of September 26, 1972, the TO AMEND CIVIL SERVICE RULE II City Council approved the establishment of FOR SPECIFIC PURPOSE OF CREATING the new position of Parking Control Officer. A NEW CLASS OF PARKING CONTROL The public hearing is necessary to amend OFFICER Civil Service Rule II to create this classi- fication. The new class will be established at Salary Range 16, $532 to $647 a month. Public hearing opened This being the time and place as advertised, the public hearing was opened. -2- Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6628 Offered by Councilman Scott, the reading of APPROVING AND Pd)OPTING AMENDMENT the text was waived by unanimous consent, TO RULE II OF THE CIVIL SERVICE passed and adopted by the following vote, RULES AND REGULATIONS to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6629 Bids for this project were received on ACCEPTING BIDS AND AWARDING October 17, 1972 as follows: CONTRACT FOR THE CONSTRUCTION OF STORM DRAIN AND SEWER IN BASIC BID ALTERNATE BID #1 "J" STREET FROM EAST PARK LANE TO CHURCH AVENUE Hubbard Const.Co.$218,768.74 $210,010.64 Nelson Const. No Bid No Bid Tl~ree D Const.Co.$259,533.00 $264,840.00 V.E. Posey $261,392.10 $261,192.10 Ballard Williams $268,509.40 $263,631.20 John Murphy Const. Co. $275,496.21 $274,773.21 M.Arrieta & Son $295,887.70 $295,755.70 Long, Marker & Howley $296,286.30 $279,841.30 Cameron Bros. Construction $306,709.98 No Bid Henson Const. Inc. $330,657.50 No Bid G.T.S. Co. $339,545.80 No Bid The contract includes the construction of a sewer, storm drain and other appurtenances. It is recommended that the contract be awarded to the low bidder, Hubbard Construction Company, under Alternate Bid No. 1. Director of Public Works Cole has determined that the effect of this project upon the environment and ecology of the area is trivial and, therefore, a negative Environmental Impact Statement can be prepared. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6630 The regulations were established approximately AMENDING SCHEDULE V OF THE 8 months ago. Roadway widths in the two areas TRAFFIC CODE--NO STOPPING are inadequate to provide for parking, and the AT ANY TIME ON OTAY LAKES streets are located at two schools where there ROAD is sufficient off-street parking available. It is the reco~nendation of the Director of Public Works that the regulation be made per- Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde~ Egdahl, Scott, Hobel, Hamilton Absent: None -3- RESOLUTION NO. 6631 This regulation was installed 8 months ago AMENDING SCHEDULE V OF TRAFFIC on a trial basis on East L Street, beginning CODE - NO STOPPING AT ANY TIME at the west curb line of Telegraph Canyon ON EAST L STREET Road and ending at the east curb line of Nolan Way, north side, and since it has been function- ing satisfactorily, it is being recommended that the regulation be made permanent. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6632 Director of Public Works Cole reported that ACCEPTANCE OF THE WORK - the contract work has been completed by R.S. GRAVITY SEWER IN FIFTH AVENUE Construction Company. The Council had ex- AND "C" STREET tended the completion date to August 23, 1972. The gravity sewer commenced operation on August 29, 1972, and "C" Street was open to through traffic on September 1, 1972. It is reconm~ended that the contractor be assessed liquidated damages of $50 a day for nine days. A final inspection was made on October 11, and all of the public improvements have been completed to the satisfaction of the Public Works Director. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6633 By Resolution No. 3888, dated October 10, 1965, APPROVING RELEASE OF LIEN the City Council accepted a lien agreement in AT 4041 Bonita Road - the amount of $375.00 for the deferral of public VICTOR AND LEONA WULFF improvements. The deferred public improvements were constructed in conjunction with the widen- ing of Bonita Road between Willow Street and Otay Lakes Road, thereby completing all required improvements. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilman Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6634 The proposed construction is for street improve- APPROVAL OF ASSESSMENT BOUNDARY ments in Hodge Street, located between "C" MAP FOR HODGE STREET IN THE Street and the proposed State 54 Freeway from CITIES OF NATIONAL CITY AND Fifth Avenue to Fourth Avenue. Director of CHULA VISTA Public Works Cole reported that the street will be constructed in National City, except for that portion in Chula Vista; therefore, it is necessary for this City to render its approval before the proceedings can continue. -4- 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, Hamilton, Hyde Noes: None Absent: None Abstain: Scott RESOLUTION NO. 6635 The Director of Public Works explained that APPROVING ENCROACHMENT PERMIT authorization to provide cable T.V. service FOR VIDEO CABLE, INC. TO could only be obtained through acquisition INSTALL UNDERGROUND TELEVISION of a franchise approved by the City Council. DISTRIBUTION FACILITIES IN Video Cable has verbally indicated their EL RANCHO DEL REY, UNITS 1 AND 2 intent to apply for a franchise. In the mean- time, they desire to proceed with installation of conduit concurrently with the installation of other underground utilities within this subdivision so as to preclude the damage to pavement which would result from delayed installations. Clinton Reed, Attorney Mr. Reed stated they will abide by all Video Cable T.V. conditions. He explained that the conduit will be big enough to go through the coaxial cable so that either Video or Mission Cable can install the system. Dennis Marmon, Assistant Manager Mr. Marmon declared that his company did Mission Cable T.V. contact the developers of E1 Rancho del Rey, and submitted that they will, at their expense, install the conduit. They have not heard anything from them to this date. Mr. Marmon explained that Mission Cable is presently building a 26-channel system, and this underground conduit would be useless to them. Council discussion A discussion followed on the subject of having the installation of the facilities "compatible" with Mission Cable facilities as they exist within the City. Mr. Cole declared that the developers of E1 Rancho del Rey are ready to pave Units 1 and 2, and Mission Cable has made no move to put in the conduit. Carmen Pasquale Mr. Pasquale stated that his company has had E1 Rancho del Rey conversations with Mission Cable, and they were informed that a contract is being signed with Video Cable. Mr. Pasquale indicated that the terms and services offered by Video were better than that offered by Mission, and therefore, he made it clear that he would not sign a contract with Mission Cable. Resolution amended Councilman Hyde suggested the wording of the encroachment permit be changed as follows: 3 A. "Facilities installed under this permit shall be compatible with the latest and most recently improved system installed by Mission Cable T.V., Inc., facilities .... as on file with the City Engineer." Resolution offered Offered by Councilman Hobel, as amended, 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 --5-- RESOLUTION NO. 6636 The City Attorney reported that hearings have DECLARING CITY'S INTENTION TO been held in the San Diego Superior Court on HOLD A PUBLIC HEARING ON THE June 28, July 31 and September 11, 1972, in CONSIDERATION OF PLANS FOR A the case of Time Development Company vs. City SUBDIVISION TO BE KNOWN AS of Chula Vista. It was the decision of the APOLLO III court that the Council review testimony and evidence regarding the proposed Apollo No. III subdivision. It is, therefore, necessary that a public hearing be set for November 14, 1972. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6637 In a report to the Council, the Director of APPROVING AGREEMENT BETWEEN THE Parks and Recreation stated that the City CITY OF CHULA VISTA AND THE of Chula Vista has provided swimming CHULA VISTA SCHOOL DISTRICT instruction for the past several years for FOR POOL USE the two school districts. It is the opinion of all concerned that a use agreement is RESOLUTI©~! JiO. 6638 essential to the program, delineating the APPROVING AGREEMENT BETWEEN THE specific responsibilities of each agency. CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR POOL USE Resolutions 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 RESOLUTION NO. 6639 The Purchasing Agent reported the following ACCEPTING BIDS AND AWARDING bids received: CONTRACT FOR PURCHASE OF ONE HYDRAULIC EXCAVATOR International Harvester Co. $38,489.00 Metro Equipment Co. 43,500.00 It is recormmended that the contract be awarded to the low bidder for the purchase of an International 3960R hydraulic excavator. 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, Hobel, Hamilton, Hyde Noes: Councilman Scott Absent: None Recess A recess was called at 8:30 p.m. and the meeting reconvened at 8:50 p.m. REQUESTS FROM ENVIRONMENTAL The Environmental Control Commission recom- CONTROL COMMISSION mended better communication between the staff and the Commission on future environmental programs and that a meeting be held the first week of Deoember 1972 to discuss future en- vironmental intern programs for the Spring semester of 1973. City Manager Thomson City Manager Thomson stated that the state- ment made in the ECC letter indicating they had no opportunity to assist in the selection of the intern projects was false. He ex- plained that the staff has been working with the ECC liaison officer, Mr. Miller, on this program. A workshop session was called at which only two members of the ECC showed up. The interns are currently working on two ECC projects. They are assigned to the Planning Department under the jurisdiction of the City Manager. Mr. Thomson referred to the Charter provision which states that a board or commission shall have no authority to direct the conduct of any department. Thomas Mitchell, Vice-Chairman Mr. Mitchell declared that the workshop was Environmental Control Commission the first notification the Commission received that the Planning Department planned to use the environmental interns for environmental impact statements. This is what the ECC took issue with, as they felt it did not conform to the list of items which were agreed upon for the interns to be working on. Motion to hold meeting It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council meet with the ECC on December 6, 1972, and that this matter be one of the subjects discussed. REQUEST FOR INFORMATION The Human Relations Commission has requested REGARDING COUNCIL POLICIES - information regarding Council policies, es- HUMAN RELATIONS CO~B~ISSION pecially the policy regarding racial discrim- ination. Motion for notification It was moved by Councilman Hyde, seconded to Human Relations Commission by Councilman Scott and unanimously carried that it be indicated to the Human Relations Commission that City Council policies are reflected in the ordinances and resolutions that have been adopted by the Council and that, by minute action, the policy of the Council is to repudiate racial discrimina- tion in any manner, shape or form within the City limits. REQUEST FOR ADOPTION OF The Safety Commission requested the Council AN ORDINANCE - NO LEFT to take the necessary steps to ensure en- TURN ENFORCEMENT AT THE forcement of the "No Left Turn" sign which POST OFFICE - SAFETY is installed at the exit from the Post COMMISSION Office on Third Avenue. City Manager Thomson reported that the Chief of Police declared that there is no necessity for the ordinance since his de- partment has the authority to enforce this provision, under conditions noted in Section 21360 of the Vehicle Code. Motion to accept City It was moved by Councilman Egdahl, seconded Manager's recommendation by Councilman Scott and unanimously carried that the recommendation of the City Manager be accepted. Left-Hand Turn Lane It was moved by Mayor Hamilton and seconded by Councilman Hyde that the Director of Public Works and the Safety Commission bring back to the City Council the proposal for the continuous left-hand turn lane on Third Avende, from "J" Street to "K" Street, for reconsideration and that those people on that street be renotified that the City CoUncil will reconsider this proposal. Motion carries The'motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen ltyde, Egdahl, Hobel Noes: Councilman Scott Absent: None Councilman Egdahl asked the Director of Public Works to prepare a report of the accident and collisions in this area. Clarence Knight Mr. Knight questioned how a motorist was 117 Jefferson to tell who installed the "no left-hand turn" signs -- the government or the City, since it is on private property. Mr. Cole explained that if a property owner wishes to have a "no left turn" regulation installed from an exit, the City installs a standard sign to th~s effect, and the Vehicle Code allows for the enforcement of this regu- lation. PRESENTATION OF SIGN On August 22, 1972, the President of the ORDINANCE - CHAMBER Chamber of Commerce requested that the City OF COMMERCE Council defer enforcement of the abatement portion of the Sign Ordinance until such time as the newly appointed Task Force Committee of the Chamber had completed its study of the sign problems and prepared recommendations. The Chamber has now submitted their draft of the proposed revisions to the ordinance. After a review of the draft, the Planning staff recommended that the propose~ revisions be referred to the City Planning Commission for review and recommendation. Motion to refer to Planning Commission It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to the Planning Commission for recommendation and that, subsequent to their consideration, it be set for a Council Conference with all parties concerned. Moratoriam on abatement Mr. Norman Williams, Acting Director of Planning, stated that the moratorium on the abatement expired on the 21st of this month. He assumed it was Council's in- tention that it will not be extended and that the Planning Department will begin enforcing abatement on the signs in accor- dance with the existing ordinance. Mayor Hamilton commented that the mora- torium is on the abatement and not the erection of the signs. REQUEST FOR APPROVAL OF In a report to the Council, Director of SELECTED COMPUTER AND Finance Grant discussed the meetings held AUTHORIZATION TO GO TO with an advisory committee concerning the BID - DIRECTOR OF FINANCE selection of a computer. After a review - 8 - of all statistics, including criteria and specifications, it was recommended that the system proposed by Burroughs Corpora- tion (B-2510) best satisfied the selec- tion criteria. Mr. Grant asked for Council approval of the request and approval of the concept of selling computer services to other agencies. The cost of the computer is $190,000 and the amount budgeted for six months is $21,125. They anticipate leasing the computer for a period of seven years cormuencing January 1, 1973, and would request authorization to finance the lease through competitive bidding by the major banks in California. Discussion of technical aspects Mr. Don Reeder, Data Systems Specialist, reviewed the proposals received and discussed the technical aspects of the specifications. He explained that a benchmark position was established and the Burroughs machine met all specifications. Mr. Rene Warnicke Mr. Warnicke claimed the bidding was ir- IBM Manager regular insofar as the letter they received, dated July 28, 1972, indicated the benchmark requirements and their interest in a written proposal stating the exact configuration recommended with a total price for hardware not to exceed $190,000. The normal way is for the vendor to receive a set of specifications for either technical, hard- ware or application requirements. Their bid price was $160,080 which is sig- nificantly lower than that of Burroughs. They recommend that the request be tabled and an impartial consultant or reinstate- ment of the selection committee be made to clarify the points raised by IBM. Bids received In answer to Council's questions, Mr. Reeder related the following bids received: NCR - $187,650 Univac - $189,074 Honeywell -$190,000 Burroughs -$190,000 IBM - $160,080 Mr. Reeder added that this does not include the monthly charges that IBM has which the other manufacturers do not have. Motion to approve It was moved by Councilman Hyde and seconded by Councilman Egdahl that approval be given to the purchase of a Burroughs B-2S10 computer with authorization to go to bid, and that the Council approves, in concept, the selling of computer services to other agencies. Approval is also given to the utilization of bank financing, as proposed. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None - 9 - ORDINANCE NO. 1425 Thi~ ordinance was placed on its first DESIGNATING THE CITY COUNCIL reading at the meeting of October 10, 1972. OF CHULA VISTA AS REDEVELOP- It appoints the City Council as the Re- MENT AGENCY - SECOND READING development Agency for the City of Chula AND ADOPTION Vista. Motion to place on second It was moved by Councilman Hobel that this reading and adoption ordinance be placed on its second reading and adopted. The reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 6640 Action on this item was deferred by the SUPPORTING PROPOSITION 20 City Council at the meeting of October 10, 1972. This initiative establishes a California Coastal Zone Conservation Commission and six regional commissions to develop a master plan for the Coastal Zone and to review all permits for land use granted by local governments. A detailed report of the initiative was submitted to the Council by City Manager Thomson in which he recommended opposition to the Proposition. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel Noes: Mayor Hamilton Absent: None Council discussion A discussion ensued in which the members of the Council discussed their reasons for favoring or opposing the Proposition. RECOF~4ENDATION ON MODIFICATION At the meeting of October 10, 1972, the OF CONDITIONS CONCERNING PARK City Council considered the request of REQUIREMENTS IN EL RANCHO DEL Paul Peterson, representing £1 Rancho del REY Rey, for modification of park requirements. After denial of the request, the Council directed staff to investigate the Planning Commission's recommendation regarding pos- sible credit for a portion of the park requirements. Mr. Williams, Acting Planning Director, explained that after careful review of the matter, the Planning staff recommended that a 1.7-acre credit be applied to the next unit of the subdivision and that de- velopment of further units within the Planned Unit Development be subject to the existing Park Land Dedication Ordinance to avoid further confusion concerning park dedication and development. 10 - Motion to accept report It was moved by Councilman Hydej seconded by Councilman Egdahl and unanimously car- ried that the 1.7-acre credit be approved. Council discussion Councilman Scott noted the changes that will be made in the plan with the recent proposed purchase of a substantial amount of the property to Dr. Bloom and to a new developer. Councilman Scott felt the whole plan should be brought hack to the Planning Commission and the Council for reconsideration and not approach this on a piecemeal basis. Mr. Williams indicated that his staff will be checking every detail of the future plans as to conformity to the P-C zone and the planned unit development. Mr. Williams further explained that the 1.7 acres credit does not necessarily have to apply to the third unit; it can apply "to the next unit" whichever one is developed next. ACTION ON REQUEST OF At the meeting of October 10, 1972, the JAMES MILLER FOR DELETION City Council directed that both school OF CONDITION RELATING TO districts be contacted and requested to SCHOOL POLICY respond, within two weeks~ as to the impact this subdivision would have on the schools in that area. Both school districts responded, declaring that they do not have adequate facilities to accommodate potential students from this development. It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that Mr. Miller's request for deletion of Condition No. 9 of Planning Commission Resolution PUD-72-1 be denied. REPORT ON REGIONAL City Manager Thomson submitted a report TRAINING CENTER in which he explained that the City Managers of San Diego County have been working towards the creation of a Training Center geared specifically to training needs as they exist in local government. The concept would be to have a Joint Powers Agreement among the participating govern- mental units which would in no way commit any participant to any fixed dollar pro- gram expenditure but would be based on an as-needed and pay-as-you-go system. City Manager to bring back It was moved by Councilman Hyde, seconded Joint Exercise of Powers by Councilman Egdahl and unanimously car- Agreement ried that the City Manager come back with a Joint Exercise of Powers Agreement which would specify the details of the program. REPORT ON DOGS RUNNING In a report to the Council, Chief of Police IOOSE- CHIEF OF POLICE Winters discussed the problem of dogs running loose at night. Many citizens turn their dogs loose at this time because they know there is no animal shelter patrol in the evenings. It is the feeling of the animal shelter personnel that this problem can only be diminished by the adoption of a much more strict punishment policy by the courts. - 11 - Report accepted It was moved by Councilman Egdahl and seconded by Councilman Hyde that the report be accepted. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: Councilman Scott Absent: None REQUEST FOR EXTENSION A request was received from Mr. Richard OF TIME TO INSTALL Wilson for a one-year extension of time for IMPROVEMENTS ON completion of the public improvements along BONITA ROAD 169 feet of frontage on Bonita Road. The Director of Public Works has recommended denial since this will be the only portion without sidewalk from the Golf Course Club- house entrance road to Willow Street, and subject work could be performed most eco- nomically if done concurrently with side- walk installation at the adjacent apart- ment complex. Request denied It was moved by Councilman Hyde and seconded by Councilman Scott that the request be denied. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: Councihnan Hobel Absent: None SIGNAL LIGHT AT NACION Director of Public Works Cole reported that AVENUE AND "L" STREET a green left turn arrow has been installed on the southeast corner facing traffic en- tering from Telegraph Canyon Road. Signing with the legend "Three Way Signal" has been ordered and will be installed on the four signal standards facing Nacion and Tele- graph Canyon traffic. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously car- ried that the Council thank Mr. Cole for the report and the action taken. REPORT ON "F" STREET A report was submitted by E. Emerson Hall, TRAFFIC HAZARD - BICYCLE Director of Parks and Recreation in which RIDERS he discussed the safety of the bicycle riders using "F" Street from Broadway to Third Avenue. The bike route in this area runs from Fifth Avenue to Second Avenue, and not from Broadway to Third Avenue. Although "F" Street from Fourth Avenue to Broadway is a potential hazard, it is the feeling of the Director of Parks and Recreation and the Traffic Engineer that it is no more hazardous than many other similar streets used by cyclists, and therefore the recom- mendation would be that no specific action be taken at this time. -12- Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted and no specific action be taken at this time. Councilman Hobel commented that the inference in the report that the Council considered designating "F" Street as a non-cycle street was not true, and this was not the basis for the investigation. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that the Council recess to Execu- tive Session at the close of the meeting for litigation purposes VISITOR-CONVENTION BUREAU Mayor Hamilton noted a letter he received from the Executive Board of the Chula Vista Visitors and Convention Bureau requesting a Council Conference, at the earliest possible date, to discuss the present and future operating status of the Bureau. In answer to the Mayor's query, Mr. Williams, Acting Director of Planning, stated he would check with Mr. Williams of the Depart- ment of the Interior to see if he could arrange to be at this meeting to spear on environmental matters. Motion to schedule meeting It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that a Council Conference be held on November 1, 1972, at 3:30 p.m. to meet with the Executive Board of the Visitors and Conven- tion Bureau, and with representatives o£ the Department of the Interior, if they are able to attend. Councilman Hobel requested the staff to provide the Council with copies of the audit of the Bureau prior to the meeting. OTAY WATER AND BONITA- It was moved by Councilman Scott, seconded SUNNYSIDE FIRE DISTRICT by Mayor Hamilton and unanimously carried the the Council take official action in opposing the merger of the Ota7 Municipal Water District and the Bonita-Sunnyside Fire District. WRITTEN CO~qUNICATIONS Recommendation of Downtown In a letter to the City Council, Mr. Ken Association regarding Wessel, President, reported that the Asso- utility undergrounding ciation has recommended that "E" Street from program Interstate 5 to First Avenue be the number one priority on the proposed undergrounding program. Scheduled for Conference item Mayor Hamilton directed that the Public Works Director submit the priorities to the Council at the November 1st Council Conference. Mr. Wessel to be notified It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that Mr. Wessel be notified of this meeting. - 13 - Verified claim for damages - Mr. Kenneth Suess and Miss Carolyn Suess Carolyn Elizabeth Suess 747 Monserate Avenue, have filed a claim for damages in the amount of $322.03 for an incident occurring on the 14th of September, 1972, at 7:30 a.m., in which they claim their car collided with a City vehicle at the inter- section of Hilltop Drive and "L" Street. 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 for recommendations Mr. Fred J. Morey, Chief Administrative relative to Assembly Bill 1301 Officer, County of San Diego, has submitted a report to the Council concerning AB 1301. He has asked for recommendations and com- ments regarding this Bill. Public hearings have been scheduled for November and early December. Letter accepted The letter was accepted by the Council. Request from Charles B. Provence Mr. Provence, owner of 22 acres of property regarding planning project located at 4370 Sweetwater Road, has requested in the Sweetwater Valley that the City Council oppose having his pro- perty included in the independent community planning program sponsored by the County of San Diego for the Sweetwater Valley. Mayor Hamilton indicated he had no objection to the planning program as long as the people realize that the ultimate decision would be made by administrative process of the City of Chula Vista. Councilman Egdahl noted Mr. Provence's con- cern that this Council would be surrendering the planning of his property to others. Motion to inform Mr. Provence It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the inclusion of this property does not, in any way, mean a surrender of the planning process to the community planning group, and Mr. Provence is to be so notified. Request for support of M. Ezra Ehrhardt, Mayor of the City of Lodi, ordinance relating to has sent in two San Joaquin County ordinances drug abuse - City of Lodi which urge prosecution to the fullest extent of the law those persons accused of selling and/or transporting drugs, and urging the Judge of the Superior Court to impose the maximum sentence permitted by law upon those persons so convicted. He has requested that other governmental bodies convey their feelings to district attorneys and judges in regard to this problem. Requests filed It was moved by Councilman Hyde, seconded by Mmy~r Hamilton and unanimously carried that the items be filed. Councilman Hyde explained that he objected to the constitutionality of the ordinances, the prerogative of the courts would be taken away from them if the legislation was adopted, as indicated. He opposed setting up hard and fast punitive measures regardless of any consequences and circumstances. - 14 - Request for public hearing Mr. Clifton E. Reedy Attorney for Video on application of non-exclusive Cable, Inc., has submitted an application cable television franchise - for a non-exclusive cable television fran- Video Cable, Inc. chise to serve the areas controlled by E1 Rancho del Rey. They agree to the same terms and conditions contained in the or- dinance proposed for Mission Cable TV, Inc. Motion to set for hearing It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously car- ried that the matter be fOf~rred to staff and set for public hearing at an appropriate time. Letter of resignation from Dr. Giles has submitted his resignation Human Relations Commissioner - from the Human Relations Commission, Douglas Giles citing personal, professional and civic responsibilities as his reasons. He asked that the resignation be made effec- tive on November l, 1972. Resignation accepted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- tied that the resignation be accepted and a letter he sent to Dr. Giles thanking him for his services on this commission. Appointment to be made Mayor Hamilton noted that there will be a review on the Human Relations Commission. The Council will review the applications already submitted, and those that will be coming in, and an appointment will be made at the meeting of November 1, ]972. PLANNING CO~4MISSION ACTION Councilman Hyde referred to the ~inutes of the meeting of October 16, 1972, of the PlanniRg~,~ommi~sion, in Which two actions were taken by a three-vote majority -- two requests for annexation to the City were approved~ Opinion of City Attorney City Attorney Lindberg explained that the Planning Commission, as well as ali other Boards and Commissions, require that an affirmative action be taken by a majority of the members, which in this case was four members. Motion to refer back to It was moved by Councilman Hyde, seconded Planning Commission by Councilman Egdahl and unanimously car- ried that the two items on the October 16, 1972 meeting of the Planning Commission in which two annexation requests were ap- proved by a three-member vote be considered invalid and returned to the Planning Commis- sion for reconsideration. Secondly, an ordinance or resolution should be prepared which would clarify that a majority required for action by boards and commissions be a majority of the total membership as contrasted to a majority of a quorum. ORAL CO~PJNICATIONS City Manager Thomson City Manager Thomson commented on the en- vironmental impact reports. He explained that this is a staff project and the en- vironmental interns are only assisting in this staff effort and not handling the ~hole project. Golf Course Improvements In answer to Councilman Hohel's inquiry City Manager Thomson referred to his memo to the Council regarding his approval of certain restaurant and bar improvements to be made by Mr..~gee. Councilman Hobel commented that, based on the calculations presented, it is highly improbable that Mr. Agee can make these improvements and increase his revenue by forty-four percent. Mr. Thomson remarked that the lessee is confident he will increase his revenues by this percentage by upgrading the facility. ENVIRONMENTAL CONTROL Mr. Thomas Mitchell, Vice-Chairman, Envi- CO~ISSION MEETING romnental Control Commission, commented that the meeting the ECC wants on December 6~ 1972, is with the staff and not the Council. Mayor Hamilton informed Mr. Mitchell that the Council will be meeting this date with the ECC to discuss several items. EXECUTIVE SESSION The Council recessed to Executive Session at 10:50 p.m. and the meeting reconvened at 11:10 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:10 p.m. to the next regularly scheduled meeting to be held Tuesday, October 31, 1972, at 7:00 p.m. City ~ler~ ~ - 16 -