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HomeMy WebLinkAboutcc min 1981/12/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, December 22, 1981 - 7 P.M. Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmen McCandliss, Scott, Gillow, Campbell Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Roberts The pledge of allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of December 10 and 15, 1981 MSUC (Scott/Campbell) to approve the minutes. Councilwoman McCandliss abstained since she was not present at the December 15 meeting. Mayor Cox noted a typographical error in the December 15 minutes whereby the American Legion is listed as donating $1000 toward the purchase of snow - this should be $100. 2. SPECIAL ORDERS OF THE DAY Introduction of Council Guest Mayor Cox introduced Bob Kuntze, Board member, Chamber of Commerce, and Vice President and Manager of Central Federal Savings and Loan. Plaque Presentation: Mayor Cox presented Don Ritchie with a plaque in recognition of his two-term service on the Parking Place Commission. 3. ORAL COMMUNICATIONS - None. 4. WRITTEN COMMUNICATIONS a. Letter from Mr. D. B. Hinkle, 677 G Street, regardinq .pest control for pigeons and housekeepin9 of the public street's Mr. Hinkle talked about the amount of pigeons on F Street in the area between Third and Fourth Avenues commenting that he counted 124 the other day. He complained of the droppings on the sidewalks and also the amount of debris along Broadway questioning the responsibility of the City to clean this up~ MSUC (Scott/Gillow) to refer this matter to staff for report back to Council. b. Letter from Real Investments Corporation, 600 B Street, San Diego, requesting establish me~f of special utility assessment district along industrY'al property on otay Valley Roa,) Mr. Isidoro Lombrozo, President, Real Investments Corporation, stated that they intend to develop 40 acres located along Otay Valley Road and asked for the City's cooperation in establishing a special utility assessment district along Otay Valley Road. MSUC (Cox/McCandliss) to refer to staff. SURP.RISE CHRISTMAS VISIT: A surprise visit was made by Santa Claus accompanied by members of the Jaycees singing Christmas carols. PUBLIC HEARING AND RELATED ORDINANCE 5. PUBLIC HEARING - CONSIDERATION OF ESTABLISHING AND LEVYING A BUSINESS LICENSE TAX UPON THE AREA INCLUDED IN THE PARKING AND BUS1NESS IMPROVEMENT AREA AND' MODIFYING This being the time and place as advertised, Mayor Cox opened the public hearing. Referring to his written report, City Attorney Lindberg explained that the staff is recommending that an ordinance be adopted modifying the additional business license City Council Meeting -2- December 22, 1981 PUBLIC HEARING (Continued) levy to relieve what some members of the professional service located within the im- provement district feel to be an inequitable burden for a license fee essentially designated to promote retail sales in the area. Mr. Lindberg added that at the Down- town District Board of Directors' meeting this morning, the Board renewed their state- ment of favoring the existing ordinance in terms of the additional business levy and did not make reference to any change in boundary. After listening to their comments, Mr. Lindberg said he prepared a third alternative that would essentially maintain the existing levy but pointed out that no single partnership for corporation of pro- fessionals would have to pay an additional business license levy in excess of $100 - the limitation presently established for all retail businesses within the area. In answer to Council's query, Director of Finance Grant explained the background of the ordinance and the assessment of the fees as presently presented to Council. City Attorney Lindberg stated that the City is the collection agency for the Downtown Business and Improvement District in the sense that the City accepts the recommendations of the Association as to the amount of the levies and the distribution of those funds; the district has no power to collect the fees; the professionals do not accept the third alternative; out of over 400 businesses in the area, sixteen businesses would be covered by this "cap" as delineated in the third alternative. Speaking in favor of the proposed ordinance: Dr. John Grubb, 345 F Street, Suite 250; Attorney William Cannon, 345 F Street; and Attorney Franklin Geerdes, 345 F Street, Suite 200. They maintained that the professionals, as a group, do not receive the direct benefit from the monies received in the district as do the retail establish- ments; the present ordinance as drafted is equitable and a compromise; 40% of the downtown budget comes from the professionals. Speaking in opposition were: Joe Broccoli, 299 Landis Street, Don Rltchie, 92 F Street and Niek Slijk, representing the Chamber of Commerce. They spoke on the need to continually improve the business area; that the professionals are getti'ng the same benefits as the merchants in the district; the professionals have been invited but have not attended the Downtown Association meetings; they would 9o along with the third alternative as presented by the City Attorney s~nce it would be a better rate for the professionals; only 14 complaints have been received out of the 400 businesses; urge the Council not to modify or change the fees as this would be the beginning of the end of the district; keep the formula intact. Norbert Stein declared that Chula Vista has been "put on the map" because of hfs recent payment of th~ union dues of a Charger football player and urged the Council and businessmen to compromise and keep the good name of the City. Their being no further comments, either for or against, the hearing was declared closed. Comments by the Council: Mayor Cox cautioned against the risk of tampering with the levy formula; if there is going to be a cap, he felt there should be one for the professionals as well. Councilman Campbell favored the "Lindberg Amendment" remarking that government entities should place a cap on taxes and not have them "run rampart". Councilman Scott noted that the "Lindberg Amendment" was just distributed this evening and the professionals have not had a chance to study the proposal; he, therefore, recommended a continuance. Director of Finance Grant commented that a continuance to the meeting of January 5 would still give his office sufficient time to handle the assessments. There being no further comments, e~ther for or agalnst, the hearing was declared closed. MSUC (Gillow/Scott) to conti'nue and reopen the publ!c heari'ng on January 5 iln order to give all parties and the Clty CouncS1 more time to think about thi~ a. ORDINANCE - ESTABLISHING THE ADJUSTMENT OF THE BUSINESS L~CENS£ TAX AND MODIFYING THE BOUNDARIES O~ THE PARKING AND BUSINESS IMPROVEMENT AREA ~ FIRST READING AND ADOPTION Continued to the meeting of January 5, 1982. City Council Meeting -3- December 22, 1981 CONSENT CALENDAR (Items 6 - 13) MSUC (McCandlis$/Scott) to approve and adopt the Consent Calendar. Item #10 to be pulled since there is a request to speak on this item. 6. R.E~O_LUTION NO. 10720 - ACCEPTING PUBLIC IMPROVEMENTS, BAY BOULEVARD. E STREET_~D ~__F~_~S_T_REET WE_S_T OF BAY BOULEVARD ICit¥ En§ineer)~ Sapper Construction Company has completed the contract work for the improvement of Bay Boulevard, E to G Streets and F Street west of Bay Boulevard. The contract dated August 29, 1981 was awarded by Resolution No. 10592. A final inspection was made on December 7, 1981 and all work was found to be in accordance with the contract documents and to the satisfaction of the City Engineer. The final construction cost was $115,756.30 (Account 995-9950-BF06). 7. RESOLUTION NO. 10721 - EXTENDING THE TIME ON AN ENTRY PERMIT GRANTED TO COUNTY OF SAN DIEGO TO THE CHULA VISTA MUNICIPAL GOLF COURSE AND AUTHORIZING THE MAYOR TO EXECUTE SAID EXTENSION ~Director of Parks & Recreation) By Resolution 10549, the Council granted the County an entry permit to allow their work crews to reconstruct a dip section in Central Avenue and to make other improvements to the Central Avenue roadway. The time period was granted to December 31, 1981; how- ever, the County has been unable to meet this schedule and has requested an extension to April 30, 1982. 8. RESOLUTION NO. 10722 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 13, 1982 AND A RUNOFF ELECTION IF NEEDED (City Clerk) The General Municipal Election is to be held on April 13, 1982. The resolution requests the services of theRegistrar of Voters in the election process to set up the polling places, distribute the election supplies and canvass the returns of the election. 9. RESOLUTION NO. 10723 - APPOINTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN DIEGO DEPUTY CITY CLERK OF THE CITY OF CHULA VIiSTA TO FACILITATE THE EXECUTION OF DOCUMENTS PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 13, 1982 (CitS Clerk) The resolution is a routine measure to allow the Registrar of Voters to submit election documents for printing without requiring the City Clerk to initial each document. Authorization by the City Clerk is done by telephone in emergency situations. 10. RESOLUTION - ADOPTING REGULATIONS FOR CANDIDATES PERTAINING TO ELECTION MATERIALS This item was pulled from the Consent Calendar. It will follow Item #13. ll. RESOLUTION NO. 10724 - PERMITTING EACH CANDIDATE FOR THE APRIL 13, 1982 ELECTION TO INCLUDE CAMPAIGN MATERIAL IN THE SAMPLE BALLOT BOOKLET (City Clerk) By this resolution, each candidate is permitted to submit campaign material (one sheet) which can include photographs and will be printed in the sample ballot pamphlet. The candidate is billed for the pro rata share of the printing. 12. RESOLUTION NO. 10725 - CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 13, 1982 FOR THE OFFICES OF CITY COUNCIL AND BOARD OF EDUCATION (City Clerk) The election is being called for Tuesday, April 13, 1982 to fill three seats on the City Council (Seats 2-3-4) and two seats on the Board of Education for the Chula Vista City School District. City Council Meeting -4- December 22, 1981 ~ CONSENT CALENDAR (Continued) 13. RESOLUTION NO. 10726 - ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 1982 TO BE MADE BY THE CiTY CLERK (City C)erk} · Although the Registrar of Voters actually conducts the ballot counting, it is the City Clerk, as the Elections Official for the City, who is responsible for certify- ing the results of the election. (End of Consent Calendar} 10. RESOLUTION NO. 10727 - ADOPTING REGULATIONS FOR CANDIDATES FOR THE OFFICES OF CITY COUNCIL AND THE BOARD OF EDUCATION PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND COSTS THEREOF FOR THE APRIL 13~ 1982 GENERAL MUNIC'IPAL ELECTION {Cit~ Clerk} The resolution specifically (1) allows each candidate the option of filing a candidate's statement; (2) limits the number of words to 200; {3) requires the City Clerk to reject any statement that contains obscene and vulgar language; (4) provtdes for the payment of the Spanish translations. Jennifer L. Eckert, 635 Windsor Circle, asked that the information about candidates be provided at public expense. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. RESOLUTIONS AND ORDINANCES, FIRST READINGS 14. RESOLUTION NO. 10728 - ESTABLISHING A FOUR WAY STOP AT THE INTERSECTION OF SECOND AVENUF AND I STREET (Cits Enoineer) The following trial traffic regulation which has been in effect for nine months is recommended to be made permanent: Schedule II - Special Stops Required Intersection Traffic Stopped on S.iQn~ Currently 2nd Ave/"I" Street 2nd Ave. & "I" Street 4 Previously 2nd Ave/"I" Street "I" Street 2 RESOLUTION OFFERED BY COUNCILMAN GILLOW, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION NO. 10729 - RECOGNIZING CITY EMPLOYEES SELECTED TO RECEIVE BONUS INCENTIVE PROGRAM AWARDS FOR NOVEMBER 1981 (Director of Personnel~ Director of Personnel Signe Thorsen introduced the "excepti'onal" City employees who were selected to receive a Bonus Incentive Award: Margaret Bergan, Account Clerk - Finance; Bridget Carney, Park Warden - Parks & Recreation; Joann Evangelist, Clerk II - Planning; Julia King, Clerk II - Police; Lorraine Kraker, City Attorney's Secretary - City Attorney; Helen Mapes, Secretary II - Planning; and Linda Sevier, Seasonal Assistant - Library. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 16a. RESOLUTION NO. 10730 - AMENDING THE MASTER FEE SCHEDULE (Cits Manager) The Master Fee Schedule was first approved in 1978 based on the practice of full-cost recovery for services provided by the City. The amendments update the Fee Schedule to cover the increased staff salaries and the Consumer Price Index (CPI). The Schedule also includes a list of all fees charged by the City including such activities as subdivision map processing. Council discussion centered around various aspects of the fee schedule with staff responding. Mayor Cox questioned whether the schedule was sent to the Chamber of Commerce or the Board of Realtors for input. City Manager Cole answered that it had not - City Council Meeting -5- December 22, 1981 16a. RESOLUTION NO. 10730.- AMENDING THE MASTER FEE SCHEDULE (Continued) since there is a time element involved in taking action on the resolution and ordinance tonight in order to get the additional revenues inasmuch as there will be new regula- tions the first of the year requiring a new process in collecting these fees. Develop- ment Services Administrator Robens noted that the original fee schedule was approved by a Blue Ribbon Committee over two years ago and the proposals listed in this schedule are within those parameters. In answer to Councilwoman McCandliss' query, Mr. Robens said that Chula Vista's fees are about average to those compared with other communities. Councilman Scott said he wished to go on record as opposing an increase in the dog license fees as historically this only tends to encourage people not to license their dogs. Although the increase is not contemplated until 1983, he felt this was a counterproductive measure to make it a self-supporting fee adding that he would even support lowering the license fee. Jennifer Eckert, 635 Windsor Circle, stated it would be "immeasurably better to pay my government a percentage of my earnings for services rendered after those earnings have been generated rather than paying a fee and getting a permit in advance of any productive output." She urged that the Master Fee Schedule be done away with instead of amending it. MSUC (Scott/McCandliss) to delete that section that mentions the 1983 increases in dog licenses. RESOLUTION, AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 16b. ORDINANCE NO. 1961 - AMENDING SEVERAL CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO THE TRANSFER OF FEE REQUIREMENTS AS SPECIFIED IN THE CODE OF THE MASTER FEE SCHEDULE ADOPTED BY RESOLUTION OF THE CITY COUNCIL - FIRST READING (City Manager) MSUC (Scott/Campbell) to place the ordinance on its first reading. 17. RESOLUTION NO. 10731 - APPROVING LEASE AGREEMENT BETWEEN THE CITY AND JIMMY'S FAMILY OF FINE RESTAURANTS, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAME (Assistant City Manager) In his written report to Council, Assistant City Manager Asmus explained the key provisions of the proposed lease which is for an initial term of 20 years with two five-year options that may be exercised by the Lessee without change in terms and conditions unless agreed to by both Lessor and Lessee. Rental payments required would be a minimum base rent of $8,000 a month or 5% of gross sales, whichever is greater. Mr. Asmus noted that the lease also provides for a Consumer Price Index adjustment on the $8,000 per month base rental amount at the end of each three-year period with a cap on the increase set at 6% per year. The final agreement does not incorporate a provision that would grant Lessee any preemptory rights to develop the property west of the existing facility. Mr. Asmus recommended the following options for the Council: I. Adopt resolution approving the lease agreement without providing for any right of first right of refusal on development rights on the property adjacent to the existing facility; or 2. Adopt resolution approving the lease agreement granting lessee first right of refusal on development rights for a period of five years provided Lessee agrees to an $8,000 per month minimum base rent or 6% of gross sales, whichever is greater. Mr. Peter Kaye, 550 Oxford Street, stated that the lease is accepted as is; they do not wish to make any changes, and recited the following percentage of returns to the City: 1st year - 12%; 2nd year - 14%; 6th year - 16%; 9th year - 19%; 12th year - 23%. He added that for the amount of money they are obligating themselves, he feels they should be given the first right of refusal on the adjacent property. Councilman Scott commented that in making any decision on that adjacent property, the Council would certainly take into consideration "Jimmys on the Green" and therefore, there is no need for the right of refusal provision. RESOLUTION OFFERED BY COUNCILMAN SCOTT, without the right of first refusal clause, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -6- December 22, 1981 18. RESOLUTION NO. 10732 - APPROVING A MONTH-TO-MONTH AGREEMENT WITH GOLF PRO (Assistant City Manager) The current five-year agreement with Joe Warburton, Golf Professional, expires December 31, 1981. The staff is proposing a new month-to-month contract with Mr. Warburton pending final determination of whether the City should seek proposals from private operators to not only perform the duties and provide the services as currently under the Golf Pro's contract, but also to incorporate the maintenance responsibility of the entire Golf Course which is now provided by City forces. Assistant City Manager Asmus explained further the provisions of the contract noting in particular the revised agreement whereby the Golf Pro would be given 120 days rather than 30 days notice for cancellation of the contract. Mr. Joe Warburton, Golf Pro, stated that he agrees with the 120 day proposal. REVISED RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. ORDINANCE NO. 1962 - ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 35 MILES PER HOUR ON PASEO DEL REY BETWEEN EAST J STREET AND TELEGRAPH CANYON ROAD ~'~IRST REA~ING (City Engineer) A trial traffic regulation of 35 mph speed limit has been in effect on Paseo del Rey between J Street and Telegraph Canyon Rd. for the past eight months. Due to the width of the street, the increase in traffic due to the development in the area, and no reported accidents since the speed limit was posted, the recommendation is being made permanent. MSUC (McCandliss/Campbell) to place the ordinance on its first reading. 20. ORDINANCE NO. 1963 - AMENDING CHAPTER 2.04 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO COMPENSA- TION FOR MEMBERS OF THE CITY COUNCIL AND MAYO~ Councilman Campbell announced that he will abstain from discussion and voting on this item due to his being a newly-appointed member of the Council whose term will expire in April 1982. Each year in December, the Council is entitled to increase the salaries of Council- members and the Mayor by the amount of five percent which increase will take effect on the first pay period in January of the succeeding year. The five percent increase raises the salary of Councilmembers from $471.41 to $494.98 per month and the Mayor's salary from $1102.50 to $1157.63 per month. MSUC (Cox/Gillow) to place the ordinance on its first reading and adoption. 2la. REPORT ON THE FORMATION OF A COMMISSION ON AGING (City Manager) In his written report to Council, Assistant City Manager Asmus noted the ordinance which has been prepared by the City Attorney creating a new Commission on Aging con- sisting of seven members and defini'ng its purpose, duties and general rules and regulations. Mr. Asmus related the background of the request made initially by Mrs. Margaret Helton in December 1974 and the actions taken by the Council at that time (creation of a Mayor's Ad Hoc Committee on Aging which did not prove successful). Mr. Asmus recommended that the Human Relations Commissi'on be given this charge - that their name be changed to "Human/Senior Affairs Commission" or something similar; that the membership of the commission be expanded to nine members with at least three or four members required to be 55 years of age or older, Anne Fabrick, 501-2 Anita Street, Chula Vista, spoke in support of the formation of a commission stating that the seniors are better able to take care of their own affairs and know their own problems without going to the Human Relations Commission. City Council Meeting -7- December 22, 1981 2la. REPORT ON FORMATION OF COMMISSION ON AGING ~(Continued) Council discussion ensued regarding the possible name of the commission; the need for the seniors to have a voice in the community; establishment of an ad hoc committee for a time period in order to establish the need for a commission; the selection of members; having a regular commission with a sunset clause; the purpose and intent of the commission which needs to be re-written and not approved as written in the proposed ordinance; the suggestion to submit this proposal to organizations such as Salvation Army and Norman Park Center to obtain the senior citizens' input. MSUC (Scott/Campbell) to create an ad hoc committee with a 6-month term - the purpose of the committee will be to set forth the purpose and justification for establishing a permanent commission on aging or whatever name they come up with, such as, perhaps: "Mayor's Ad Hoc Committee for Senior Affai'rs." 21b. ORDINANCE - ESTABLISHING THE COMMISSION ON AGING By virtue of the above motion, the ordinance was not approved. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 22. RESOLUTION NO. 10733 - STIPULATING THAT THE PROPOSED GRADING CHANGES DO NOT INVOLVE NEW SIGNIFICANT ENVIRONMENTAL IMPACTS REQUIRING REVISIONS TO ENVIRONMENTAL IMPACT REPORT AND APPROVING THE CHANGE OF GRADING (City Engineer/Director of Planning) Continued from Dec. 15 Mayor Cox disclosed that he received a campaign contribution from ADMA, Inc. durin~ his ~ecent campaign, for M~yor and questioned whether he sheuld abstain from ~oting and o!~cussion on ~n~s ma~er. ' City Attorney Lindberg ruled that this would not preclude the Mayor from discussion or vote on the matter since his disclosure is sufficient. In his written report, City Engineer Lippitt explained that on June 9, 1981, the City Council approved the tentative map for this subdivision which indicated grading for the roadway within the project and two lots. Subsequently, the developer has submitted grading plans showing a greater amount of grading than had been shown on the approved tentative map. The item was continued from the last meeting so that staff, as a matter of courtesy, could notify the people in this immediate area of the resolution pending before Council. The staff's recommendation is for approval of the resolution based on the fact that (1) the proposed changes are not significant and it is not necessary for the Environ- mental Review Committee to hold a public hearing on these revisions, and (2) the changes as proposed will not involye new significant environmental impacts and will not require important revisions to the EIR, Mr. Dale Combs, Design Haus Architectural Associates, 325 W. Washington Street, San Diego, architects for this project, stated he had some slides to be presented prior to his testimony. City Engineer experienced difficulty with the slide projector and the Council called for a recess. The recess began at 9:40 p.m. and concluded at 9:50 p.m. Noting that the slide projection was still not ready, Mayor Cox, with the concurrence of the City Council, proceeded with the remaining items on the agenda. 23. ORDINANCE NO. 1960 - AMENDING SECTION lO.62.010(B) OF CHAPTER 10.62 OF THE CHULA VISTA MUNICIPAL CODE RELATING ~0 PARKING FEES FOR ~HE PURPOSE OF REGULATING THE USE OF STREETS - SECOND READING AND ADOPTION In accordance with State statute (AB189), the County Board of Supervisors established a criminal justice facility temporary construction fund - this surcharge to continue for a 20-year period. At its meeting of December 15, theCity Council voted to impose a $1.50 surcharge plus an additionaT~$~'50 charge. ~ '~ Mr. Bob Kuntze, representing the Chamber of Commerce, reported that the Town Centre Business and Professional A~sociation, this morning, supported the $4~00 surcharge. MSUC (Gillow/McCandliss) to place the ordinance on second reading and adoption. City Council Meeting -8- December 22, 1981 24. REPORT OF THE CITY MANAGER Schedule of Meetings. City Manager Cole stated that he will be submitting a revised schedule of Council meetings; however, he wished to note that in the last submission, a Conference was scheduled for January 14 - this should have been January 28, 1982. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 25. REPORT ON BAY GENERAL HOSPITAL'S IO-K RACE REQUEST (Director of Parks & Recreation) The race is being conducted to support Bay General's Cardiac Rehabilitation Program. It will be a two-mile fun run starting at 7 a.m. on May 15, 1982 using the same route as the Jaycee/City sponsored IO-K race held in October (generally starting at the Park Way Gym, going to the Bayfront area to "C" Street, Second Avenue, onto Hilltop Drive, down to K Street and back to the Gym via Second Avenue). Sixteen police officers will be needed to control traffic which service is estimated at $200 - Bay General Hospital will reimburse the City for this cost. MSUC (Scott/McCandliss) to approve the request subject to any staff conditions. 26. REPORT ON NATIONAL ASTHMA CENTER'S REQUEST TO STAGE A BIKE-A-THON (Dir. of Parks and Recreation) The purpose of the Bike-a-thon, scheduled for Sunday, February 7, 1982, is to raise funds for the National Asthma Center program. No City services are being requested. The 4.7 mile route will encompass the area of Rohr Park, Chula Vista Municipal Golf Course and Willow Street. MSUC (Gillow/Campbell) to approve the request subject to staff conditions. 27. MAYOR'S REPORT a. Mayor Cox expressed the need for a possible Redevelopment Agency meeting sometime in early January depending on when a session could be set up with representatives of Sante We and other property owners along the Bayfront. b. Mayor Cox, City Councilmembers and staff wished everyone a Merry Christmas, Happy New Year and Happy Hanukkahl 28. COUNCIL COMMENTS a. Councilwoman McCandliss asked that the "tour of the unique developments in San Diego County" be set as soon as possible afte~ the first of the year. b. Councilman Scott noted that the Counci'lmembers do not have an up-to-date background on the ba~front plans: the original proposal, the compromise proposal and "what finally came out of the State." He suggested a meeting prior to discussions with the Coastal Commission preceded by a tour of the bayfront. MSUC (Scott/Cox) to set this as soon as possible - January 9 at 8 a.m. - to know exactly what is being talked about, not only in generalities but in specific terms. c. At the concurrence of the Council, the date of January 5, 1982 at 6;30 p.m. (prior to the Council meeting) is to be scheduled for the Council's pictures. d. Councilman Gillow noted his conversation with the Director of Building and Housing regarding updating the "obsolete and overlapping" regulations on the books. MSUC (Gillow/McCandliss) to ask staff to come back on the first meeting in February with a plan to looking to overhauling the regulations - whether there needs to be a committee - citizens or staff - or whether staff can just do it; and also, speak to the concern of the time and efforts this will involve. The regulations pertain to developments, in general, and building and housing provisions. e. Councilman Gillow related the praise of a handicapped person for the Engineering staff who responded to his complaints about the ramps along Broadway. City Council Meeting -9- December 22, 1981 22. RESOLUTION 10733 - STIPULATING THAT THE PROPOSED GRADING CHANGES DO NOT INVOLVE NEW SIGNIFICANT ENVIRONMENTAL IMPACTS REQUIRING REVISIONS TO ENVIRONMENTAL IMPACT REPORT AND APPROVING THE CHANGE OF GRADING (Continued) Mr. Dale Combs gave a brief history of the changes proposed in the grading pattern which original proposal was put together for the purposes of annexation, and at that time, the actual design process was not done for the homes on the lots. The concept was to handle each lot one by one, put a house on it, grade each lot; however, the further they got into it, noting the topography of the land and becoming more solid in the concept -- developing traditional homes in the character of th~omes in the neighborhood, and at the same time maintaining the topography of the property in saving some of the trees, it became unrealistic to continue with the one-lot develop- ment plan and the architect recommended to :developer that the entire site be graded at one time. New landscape will be developed on the sloped areas and the retaining walls which will result in a much better development. Mr. Combs then presented slides showing various segments of the property noting the retaining walls and those proposed, along with renderings of five of the homes proposed for construction. Mr. Robert Sanford, Civil Engineer, 3585 Fifth Avenue, San Diego, spoke briefly on the integrated grading concept which would be done all at one time and added that he concurs with the recommendations made by staff. Speaking in opposition were: Mrs. Jacqueli. ne Lassman, 471 Jacaranda, who read a letter written by Benjamin and Joyce~Layton; Dr. Aaron A. Mannis, 446 Jacaranda Drive, Mrs. Evelyn Sevel, 144 Peppertree Road and Lawrence Lassman, 471 Jacaranda Drive. Their comments were summarized as follows: (1) changes are of a major nature and should go back to the Planning Commission and to the Environmental Review Committee for public hearings; timing of this change during the holiday season is of concern; previously, the developer proposed single and split-level homes and now he is pro- posing two-story homes; two-story homes will invade their privacy and quiet life; the drainage channel should be resO)¥ed; continue this matter for one month to allow thorough consideration by all parties concerned; two-story homes would only "create more floor space and allow more families and more people and more .cars and more traffic and more danger on that already dangerous intersection of Jacaranda and Pepper Tree"; most of the trees should be preserved; it would take the efforts of a helicopter to construct the homes as proposed by the developer in order to save the number of trees he maintains will be preserved; if everything is graded now, it may take years to sell the individual lots and the residents in that area will be faced with mud and dirt. Mr. Combs stated that a cul-de-sac on Jacaranda is required by the Fire Department - the model does not show the continuation of Jacaranda but it will definitely be there with accesses provided to both parcels of property. Mr. Jack Nakawatase, Landscape Architect, 3621 Fl'fth Avenue, San Diego, responded to the comparison of grading this area to that taking place on East H Street, east of 1-805. He remarked that this area of 14 homes should not be compared with that massive development on H Street~ As to the trees, Mr. Nakawatase said he presented a detailed study plan to the staff indicating the status of every tree on the site: location, health, elevation, proposed changes and mitigation measures for each tree. In summary, there are 154 trees. On lots 1 to 14, 30 trees wtll be removed and 21 in the street right-of-way, or a total of 51 trees - some of which are insignificant (small citrus trees or bushes). The majority of pepper and mature eucalyptus trees will be preserved. This brings it down to 26% of the trees that will be lost and they will be replaced. Director of Planning Peterson stated that a condition of the tentative map was that significant trees will be replaced on a one-to-one basis. RESOLU~TION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved ~¢.~(q~Coun~ilmen Gillow and McCandliss voting "no". ADJOURNMENT at 11:13 p.m. to the meeting scheduled for January 5, 1982 at 7 p.m.