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HomeMy WebLinkAboutcc min 1981/10/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, October 13, 1981 - 7 P.M. Council Chamber~ Public Services Building ROLL CALL Councilmen present: Mayor Hyde, Councilmen Scott, Gillow, Cox Councilwoman McCandliss arrived at 7:35 P.M. Councilmen absent: None Staff present: City Manager Cote, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Hyde, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of October 6, 1981 MSUC (Cox/Scott) to approve the minutes as mailed. Councilman Gillow abstained from voting since he was absent from that meeting. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Council Guest - Tom Shipe, Chamber of Commerce Mayor Hyde introduced Tom Shipe, Branch Manager of Crocker National Bank, and a member of the Board of Directors of the Chamber of Commerce. RECREATIONAL VEHICLE ORDINANCE City Attorney Lindberg said he reviewed the ordinance which is to come before the Planning Commission on December 16 and finds it a difficult one in terms of equal protection clause. There is an ordinance now that prohibits the parking of such recreational vehicles in front yard setbacks and areas not designated for parking areas. Attorney Lindberg added that, as proposed, the new ordinance has legal complications. MSUC (Scott/Gillow) to file the proposal now going to the Planning Commission. 3. 'ORAL COMMUNICATIONS Harold Johnson, former President of the Chula Vista Senior Citizens' Club, presented the Mayor and Council with a Certificate in appreciation of Council's support of Senior Citizens' Club 20th year of existence. 4. WRITTEN COMMUNICATIONS a. Letter re§ardin~ animal adoption policy for Chula Vista Animal Shelter - Karen Miller Karen Miller, who previously requested revision of the animal adoption policy, sub- mitted a follow up letter with recommendations for expanding animal care services to hopefully increase the rate of pet adoptions. MSUC (Hyde/Gillow) to refer to staff for report back next week, either oral or written, along with previous referral by City Council on same general subject. b. Request for City assistance for Starli§.ht Yule Parade - Chula Vista Downtown Business and Professional Association The Chula Vista Downtown Business and Professional Association has requested City participation and assistance in the Starlight Yule Parade which has been scheduled for November 30, 1981, starting at 6 P.M. MSUC (Scott/Gillow) to approve subject to staff conditions. PUBLIC HEARINGS 5. PUBLIC HEARING CONSIDERATION OF THE REVOCATION OF THE CARDROOM LICENSE OF YANKEE DOLLAR CARDROOM (CITY ATTORNEY) MSUC (Scott/Gillow) to trail this item until Councilwoman McCandliss arrives. City Council Meeting -2- October 13, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION NO. 10657 APPROVI'NG AN AGREEMENT BETW. EEN THE CIT~ ~ND BRIDGET AN~ JOHN CARNEY TO PROVIDE SECURITY SURVEILLANCE IN ROHR PARK IN RETURN FOR THE USE OF AN APARTMENT IN ROHR MANOR (DIRECTOR OF PARKS AND RECREATION) The resolution approves agreement for securi'ty surveillance of Rohr Park in considera- tion for use of a City-owned apartment by Bridget Carney, the City's currently employed Park Warden, and her. brother, a San Diego Police Offi'cer. RESOLUTION OFFERED BY COUNCILMAN SCOTT; the reading of the text was waived by unanimous consent, passed and approved unani'mously. 7. RESOLUTION NO. 10658 APPROVING AGREEMENT WITH INTER-CONTINENTAL COMPUTING~ INC. FOR MUTUAL COMPUTER BACK-UP SERVICES {DIRECTOR OF POLICY ANALYSIS AND PROGRAM EVALUATION) Director Thomson's report explained the contract with ICCI which would establish a mutual computer backup arrangement in the event either party experienced a computer breakdown or work overflow. The major provisions of the contract are that computer time would be made available on a time-available basis and the requesting party would furnish the necessary supplies and staff, and that revenue would r~nge from an estimated $1,000 to $5,000 per year, depending upon the amount of overflow work run on the City's computer by ICCI and the computer breakdown rate. Mr. Thomson further submitted a Data Processing Contracting Policy outlining provisions for data processing contractual work with other agencies. MSUC (Scott/Cox) to adopt, as a Council Policy, the Data Processing Contracting Policy as submitted on Exhibit "A". RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by unanimous consent, passed and approved unanimously. The City Council complimented Mr. Thomson on the operation of this department. 8. RESOLUTION NO. 10659 APPROVING CNANGE IN LANDSCAPIiNG THIRD AVENUE "I" TO "K" STREETS AND ~UTHORIZ'I'NG THE CITY ENGINEER TO EXECUTE CHANGE ORDERS 12 AND 13 (CITY ENGINEER) The resolution approves two change orders for the Third Avenue Project: Change Order 12 deletes the fog and sand seal blotter between "J" and "K" Streets with the approval of the State Transportation Department for a credit to the City of $5,287; Change Order 13 implements selection of Option 1 calling for removal of 72 palm trees, re- placement of 65 Hong Kong Orchid trees, and leaving seven tree wells unplanted, pending future disposition. RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTIONS REGARDING CHARTER POINT SUBDIVISION MSUC (Cox/Scott) to trail this item until Councilwoman McCandliss arrives. 10. RESOLUTION NO. 10660 EXTENDING INVITATION TO ODAWARA, JAPAN TO BECOME SISTER CITY (CITY MANAGER) The resolution formalizes a Sister-City affiliation between Chula Vista and Odawara, Japan, pursuant to recommendation of the International Friendship Commission and Council action of October 6, 1981. RESOLUTION OFFERED BY COUNCILMAN SCOTT; the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -3- October 13, 1981 RESOLUTIONS AND ORDINANCES, FIRST READING -~ Continued ll. ORDINANCE NO. 1954 ADOPTING AMENDMENTS TO THE MUNICIPAL CODE RELATED TO ADULT RECREATION USES - FIRST READING (DIRECTOR OF PLANNING) Direct6r o~ Planning Peterson commented on his staff report and Council's previous consideration of amendments to the Municipal Code, to include the addition of drug paraphernalia shops and screening of adult-ori'ented materials from public view. As a result of those additions, the ordinance was reconsidered by the Planning Commission which subsequently recommended Council adoption of the amendments in accordance with their revised Resolution PCA-81-8. MSUC (Gillow/Cox) to place the ordinance on first reading; the reading of the text was waived by unanimous consent, passed and approved unanilmously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 12. ORDINANCE NO. 1952 AMENDING SECTIONS 5.20.180 and 5.20.190 OF THE MUNICIPAL CODE REGULATING GAMES PERMITTED IN CARDROOMS - SECOND READING AND ADOPTION (DIRECTOR OF PUBLIC SAFETY) The ordinance increases the maximum allowable bet from $20.00 to $30.00; increases the maximum charge per player from $2.50 to $4.00 per hour; specifically provides that jackpots are prohibited; and specifically provides for types of games that are permitted. MSUC (Hyde/Scott) to place the ordinance on second reading and adoption; the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. ORDINANCE NO. 1953 AMENDING SECTION 9.24.010 of CHAPTER 9.24 OF THE MUNICIPAL COBE RELATING TO THE REGULATION OF FORTUNETELLING - SECOND READING AND ADOPTION [CITY ATTORNEY) The ordinance approves amendments to the Municipal Code removing reference to astrology from Section 9-.24.010 and clarifying the permitted practice of astrological readings as a legitimate business in Chula Vista. MSUC (Cox/Scott) to place the ordinance on second reading and adoption; the reading of the text was waived by unanimous cons-ent, passed and approved unanimously. 14. ORDINANCE NO. 1955 AMENDING SECTION 9.20.110 OF THE MUNICIPAL CODE DEALING WITH THE PERIOD OF VALIDITY OF A SOLICITOR'S PERMIT - FIRST READING (CITY ATTORNEY) The ordinance deletes the 90 day limitation upon the validity of solicitation permits as it applies to religious and charitable organizations in order to bring the ordinance into conformity with recent case law. MSUC (Scott/Cox) to place the ordinance on first reading; the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. ACTION ON REVOCATION OF TAXICAB CERTIFICATE FOR MACK'S HACK MSUC (Scott/Hyde) to trail this item until Councilwoman McCandliss arrives. 16. REPORT OF THE CITY MANAGER 16a. Report on financing plan for remodeling The Glenn Summarizing his staff report, City Manager Cole highlighted the various alternatives which were considered in arriving at a preliminary financing plan for the City's portion of the renovations costs of The Glenn. Mr. Cole stated that the bank which maintains the trust for the funds called today and stated that the figure of $902,000 for the "Excess Oebt Service Requirement" was in error and should be $556,000. Inasmuch as the staff has not accepted the phone call as verification, Mr. Cole recommended the item be continued. City Council Meeting -4- October 13, 1981 Report on financin~ The Glenn -- Continued Director of Finance Grant stated that he will contact the attorney tomorrow who wrote the provisions in the bond identure that are in conflict with the trust administration and will get the ruling on this interpretation. MSUC (Scott/Hyde) to hold this over until the staff has a better idea of the final figures; this item to be continued to the next meeting. 16b. REPORT ON MONTGOMERY REORGANIZATION PROPOSAL MSUC (Hyde/Gillow) to trail this item until Councilwoman McCandliss arrives. 16c. SCHEDULED DATE FOR REDEVELOPMENT AGENCY MEETING City Manager Cole noted the conflicts with the regular scheduled meeting of November 5 and recommended that the Agency meeting be held on Wednesday, November 4, at 7 P.M. MSUC (Scott/Gillow) to reschedule the Redevelopment Agency meeting for November 4, 1981, at 7 P.M. 16d. CLOSING OF "L" STREET City Manager Cole reported that MTDB will be closing '~L" Street at Industrial Boulevard on October 16-17-18 for repairs. Councilman Cox asked that the staff investigate having the modifications to the signals made at the same time. 16e. DALEY CORPORATION RESOLUTION City Manager Cole commented that the resolution commending Daley Corporation for the work along Third Avenue will be before the Council in approximately two months, at the completion of the project. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 17. Report on Chula Vista Jascee's request to sta~e an Arts and Craft Show in the Librars Park (Director of Parks and Recreation) The Chula Vista Jaycees requested permission to stage an arts and crafts show in the Library Park on October 24, 1981. Proceeds will be used for community activities spon- sored or supported by the Jaycees. MSUC (Scott/Gillow) to accept the report and approve the request subject to staff condi- tions. 18. Status report on the East "H" Street Phase I Construction Project (City Engineer) In his written report, City Engineer Lippitt advised Council on the status of the construction of two traffic lanes extending from the Hidden Vista easterly subdi'vision boundary to near Buena Vista Way which, when completed, will provide an east-west connection along East "H" Street from 1-805 to Otay Lakes Road. In view of the magnitude and cost of this project, Mayor Hyde suggested having a Council Conference to review all the details. MSUC (Hyde/Scott) to be set for a Council Conference at the earliest practical date with the Council and all interested parties present. Further, that the report be accepted and the matter set for public hearing. In answer to the Mayor's query, City Clerk Fulaszstatedthat the public hearing on the EIR has been set for October 27, 1981. RECESS Recess was called at 7:25 P.M. to await the arrival of Councilwoman McCandliss. She arrived at 7:35 P.M. and the meeting was called back to order by the Mayor. City Council Meeting -5- October 13, 1981 5. PUBLIC HEARING CONSIDERATION OF THE REVOCATION OF THE CARDROOM LICENSE OF YANKEE DOLLAR CARDROOM This being the time and place as advertised, Mayor Hyde opened the public hearing. City Attorney Lindberg stated that his office has requested the revocation of the card- room license based on evidence presented by Police Sergeant Bourgeois and primarily the fact that the transfer of the license from the original holder was not a proper transfer -- it was not approved by the Police Department and no clearance was made. In accordance with the procedures of this hearing, the City Clerk swore in all witnesses. Sergeant Bourgeois testified that he received anonymous telephone complaints approxi- mately three months ago in which the caller stated that 50~ worth of chips were being taken by the dealer of the cardroom for each hand and the caller felt this was illegal, that this was in excess of the $2.50 regulated by the ordinance; Sergeant Bourgeois visited the cardroom and witnessed the dealer taking these chips and putting them aside for a "jackpot"; citation was issued to the owner for this illegal practice; the case went to Court and the Judge ruled in favor of the defendant based on the fact that the police officer did not witness this proceeding for at least one hour; an undercover detective subsequently went to the cardroom and played for over an hour and witnessed the same chips being taken for the jackpot; another citation was issued; however, Sergeant Bourgeois found out that the license was still in the name of Joseph Raso. Mr. Ball, co-owner of the cardroom, told the police that he bought the cardroom for $4,800 - his check, however, was returned for "insufficient funds", and that the "deal" was done by a handshake - no paper work was involved. Sergeant Bourgeois added that the name of Harriet Myers appears on thecheck; that both she and Meredith Ball have a joint banking account; that both persons have had experience in cardroom operations in the City of San Diego; that Mr. Ball has been quite deceptive in his dealings with the cardroom. Harriet Myers, 4265 Azure Street, San Diego, testified that last November, she and Mr. Ball gave money to Floyd Briggs for the sale of the Yankee Dollar cardroom. An officer came in and told them that Mr. Briggs had no right to sell the cardroom since he did not own the license; that if they did buy the cardroom, it would take them one year for the transfer. Ms. Myers added that she started to fill out the transfer forms last month. As to the 50¢ from each hand, she stated it was purely voluntary on the part of the customers, it is a consolation prize for the losing hand and she did not know it was illegal. Meredith Ball, 4265 Azure Street, San Diego, testified regarding the purchase of the cardroom in November of last year from Floyd Briggs. The police officer told them not to worry about it "because this has been what has been done before - you are just doing what someone else has done ahead of you so all you have to do is to continue in the cardroom until such time as you can buy the license from the original owner, Joe Raso." After talking to Joe Raso, they did not have the amount of money he wanted so continued to work the cardroom until such time as they had the money to buy the license. In September, Mr. Ball went to the Police Department to make the proper transfer and was told that this was not the way it should be handled. In the meantime, he continued the jackpot - each hand, the players contributed voluntarily 50¢ toward the jackpot for the second lowest hand in lo-ball. He did not feel this was illegal. Judge Scott dismissed the case on this citation because he said the "ordinance governing it was ambiguous and that we would have to go before the City Council and re-write the ordinance." The Council questioned Sergeant Bourgeois and the cardroom operators regarding the various aspects of the transfer of the license; the time elements in conducting the jackpots; the citations issued; the status of the ownership of the cardroom; the procedure for conducting another lottery if the license is revoked; the parties involved can make application for submitting their names in this lottery. There being no further comment, either for or against, the hearing was declared closed. MSUC (Hyde/Scott) to revoke the license of the Yankee Dollar Cardroom. The present operators have up to November 1 (through October 31) as a reasonable time to cease their operation. City Council Meeting -6- October 13, 1981 9a. RESOLUTION NO. 10661 APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 80-20 CHARTER POINT (CITY ENGINEER) 9b. RESOLUTION NO. 10662 ACCEPTING GRANT OF EASEMENT FOR STREET PURPOSES FOR APACHE DRIVE AND OTAY LAKES ROAD; NAMING AND DEDICATING SAID STREETS FOR PUBLIC USE 9c. RESOLUTION NO. 10663 ACCEPTING CASH BOND OF $15,000 FOR THE FUTURE CONSTRUCTION OF "B" STREET AS SHOWN ON THE TENTATIVE MAP 9d. RESOLUTION NO. 10664 APPROVING THE AGREEMENT NOT TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE IMPROVEMENT OF TELEGRAPH CANYON ROAD 9e. RESOLUTION NO. 10665 AMENDING CONDITION 17 OF RESOLUTION 10276 9f. RESOLUTION NO. 10666 APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF AN OFFSITE PORTION OF TELEGRAPH CANYON ROAD City Engineer Lippitt referred to his staff report and explained the continuances of this item due to the problem with security for the offsite improvements of Telegraph Canyon Road. The original owner of the property was Gersten Company and the new owner is Pacific Scenes. Mr, Lippitt commented that the situation was an unusual one because it involved not only this development, but the one just to the east of Otay Lakes Road. The subdivision improvement agreement includes the portion adjacent to the subdivision along Telegraph Canyon Road (adjacent to Apache Drive). There is an additional agreement for the offsite portion. The developer has been before the Council to authorize condemnation for right-of-way based upon the original intention to put in 57 feet of pavement. During the map review by Engineering, it was felt that the portion between the median islands and the future street of Paseo Ranchero should have the installation of the improvements now to its ultimate location rather than just widening it to the 57 feet. This required a redesign of the improvement plans. The developer was willing to do that and staff is recommending approval of a different agreement for the offsite improvements inasmuch as the developer will be building his project in three separate phases - plus the project to be developed to the east of this area. As to the five year bonding, City Engineer Lippitt stated that the developer must pay the premiums and if he does not, it is up to the bonding company to go after him for the payments. City Attorney Lindberg responded that the lien agreement orig- inally proposed was not accepted by the developer and he subsequently is offering a bond which under the State Subdivision Map Act is equivalent to cash or the lien agreement. RESOLUTIONS 9A THROUGH F OFFERED BY COUNCILMAN COX; the reading of the texts was waived by unanimous consent, passed and approved with Councilman Scott castino a "no" vote on items 9c and 9e. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 15. Action on revocation of Taxicab Certificate for Mack's Hack (City Attorney} Mayor Hyde stated that he was not present at the hearing; however, he has read all the material on it and is prepared to vote. City Attorney Lindberg ruled that the Mayor may participate in the discussion and voting on this matter. City Attorney Lindberg summarized his written report concerning the public hearing of September 22, 1981, during which testimony was taken regarding Charles McMillan's use of his taxicab in commission of a misdemeanor by transporting and assisting aliens in entering the United States illegally. Mr. Lindberg noted that while a sufficient basis exists for absolute revocation of MP. McMillan's license, that staff has weighed its finality and severity against the right and need of Mr. McMillan and his employees to earna livelihood in Chula Vista. Accordingly, it was the con- sensus of staff that a reasonable suspension for a two month period with a clear notice to Mr. McMillan that any further criminal activities involving the use of any of his vehicles, and the failure to properly maintain all of his taxicabs, and to maintain current insurance policies will result in revocation of hi's certificate. City Council Meeting -7- October 13, 1981 Attorney Lindber9 added that at the beginning of the meeting, Mr. McMillan approached him and asked that, rather than a suspension, that the Council place him on some type of probation with the understanding that all conditions be fulfilled without need of suspension of his license. Councilwoman McCandliss noted some areas of concern: (1) the taxicab was not in good working condition which is a d~rect violation of the ordinance; (2) the question of Mr. McMillan charging the metered fare or $100 person; (3) the guilty plea to carrying illegal aliens. She added that she would support a suspension of six months or one year. Councilman Scott agreed, commenting on some of the ambiguities in Mr. McMillan's testimony adding that before the license is renewed, the operator should 9o back to the City Council for this consideration. MSUC (Scott/McCandliss) to suspend the taxicab license for Mack's Hack for a period of six months; before being put back in service or receiving the taxicab certificate, that a complete safety check be made with the final approval for the safety being made by the City of Chula Vista - by whatever appropriate person. Mayor Hyde noted that the suspension is in effect as of tomorrow, October 14, 1981. RECESS: Council recessed at 9 P.M. and the meeting reconvened at 9:10 P.M. CLOSED DOOR SESSION MSUC (Hyde/McCandliss) for a Closed Door Session at the conclusion of the agenda with regard to possible litigation concerning personnel matters. REPORT OF THE CITY MANAGER -- Continued 16b. Report on Montgomers Reorganization City Manager Cole presented a plan for the near term integration of the Montgomery Fire District personnel into the City's Fire Department. He noted that there are a number of issues and conditions to be resolved adding that "as we become more familiar with the Montgomery District and its needs in a more intimate way, it is probable that our current beliefs regarding the required manning strength will change and we perhaps will determine a different makeup of fire companies than we have proposed or that is existing currently under the District." Mr. Cole added that his proposal would not disrupt either of the agencies and details could be worked out during the first year of operation. Referring to his report, Mr. Cole noted that the staff's recommendation was that the County Board of Supervisors be the conducting authority. If LAFCO approves the annexation on November 5 and the County Board of Supervisors is indicated as the conducting auth- ority, then it could go to them and the Board of Supervisors could determine the annexation to not be appropriate and stop the whole process. If the City Council is the conducting authority, they could, through a hearing process, annex the territory without an election. The people of the area would then have a specified period of time to protest that action by a petition signed by 25% of the registered voters. Director of Planning Peterson added that if the petition contains 25% of ~he registered voters of the area who also own 25% of the assessed value of the property of the area, then an election is required. If the petition contains more than 50% of the registered voters owning more than 50% of the assessed value, then the proceedings are terminated. Mr. Phil Scheuer, 1196 Third Avenue, #206, Chula Vista (Montgomery area) member of the Montgomery Local Government Committee stated he reviewed the City Manager's full analysis of this issue and there are a number of things that should be addressed. At the LAFCO meeting on September 18, a question was raised as to the financial impact of Chula Vista if the entire Montgomery areamnexed - this is not addressed in the City Manager's report. Mr. Scheuer advised the Council not to be the conducting authority in this matter and let the Board of Supervisors do it. He invited the Council to come into the community of Montgomery and talk to the people and see what they want. City Council Meeting -8- October 13, 1981 Report on Montgomers Reorganization -- Continued Mr. Don Byrum, President of the Chula Vista Firefighters Association, said the firefighters just received the Manager's report last Friday and haven't had much time to think about it. He had a meeting with Director of Public Safety Winters and the City Manager and came up with a new proposal which, he understood, was to go to the Council this evening, because this proposal before the Council is not acceptable to the firefighters. The new proposal has not been submitted to the Council. Mr. Byrum added that the City Council cannot act on this particular proposal tonight inasmuch as "it affects the working conditions of my people and it has to be negotiated upon." In response to Council's questions, Mr. Cole said there was no agreement to support Mr. Byrum's proposal. After discussing both proposals with Development Services Administrator Robens, the City Manager decided to submit the original proposal to the Council. RECOMMENDATIONS AND MOTIONS: 1. Conducting Authorits - MSUC (Hyde/McCandliss) that the County Board of Supervisors be the conducting authority. 2. Future of Montgomers Fire District - Recommendation to dissolve the District as part of the reorganization procedure, subject to the conditions as shown in the City Manager's Report (Exhibit "A") as they relate to the manner in which Montgomery fire personnel will be integrated with the Chula Vista Department. MSUC (Hyde/Scott) to not act on this portion until Thursday afternoon, October 15, and that a special meeting be scheduled following the Redevelopment Agency meeting to consider this matter. 3. Future of Existing CountS Librars Facilities - Recommendation: not to withdraw the area from the County Library District and, for the foreseeable future, maintain status quo, i.e. the County Board of Supervisors would continue to provide library services to the area until such time as the City and/or County determines otherwise. MSUC (Scott/Gillow) to accept the recommendation. 4. Future of CountS Services Areas - Recommendation: to abolish all County service areas including the County Service Area for the maintenance of parks, with the exception of County Service Area No. 98. MSUC (Scott/Gillow) to accept the recommendation. 5. Future of Street Light,n9 Districts - Recommendation: to withdraw all areas from Lighting Districts except that area included in County Lighting District No. 1 which will remain in effect approximately 18 months from November 1981 when funds for installation, maintenance and energy costs allocated by the County have been expended. MSUC (Scott/Cox) to accept the recommendation. 6. Future of Mont~omers Sanitation District - Recommendation: to dissolve District as a part of the reorganization procedure but establish a maintenance district separate and distinct from the present City system in order to retain the $30 per year sewer service charge charged to Montgomery residents and retain the $1,000 per equivalent dwelling unit connection fee currently in effect in the Montgomery area. MSUC (Scott/Cox) to accept the recommendation. 19. REPORT OF THE MAYOR a. Mayor Hyde said he received a request from SANDAG for a Council member to sit on the Military Housing Committee, and any member interested to contact him. b. Letter from Downl~wn Association re~ardin~ redevelopment concerns alon~ Third Avenue MSUC (Hyde/McCandliss) for staff to prepare an appropriate response for the Mayor's signature - with the understanding that some of the items mentioned in the letter may have to come to Council for approval. c. Letter from Mayor Pete Wilson for the City's support for the League of California Cities to sue the State as soon as the Governor signs a bill which would reduce a City Council Meeting -9- October 13, 198t REPORT OF THE MAYOR -- Continued City's subvention to fund a State mandate. MSUC (Scott/Gillow) to support this action and authorize the City's delegate to the League Conference to do so. d. MSUC (Hyde/Scott) for the staff to look into the landscaping around the Community Center in Memorial Park and advise the Council of any action. COUNCIL COMMENTS a. MSUC (Gillow/Scott) for staff to look into San Diego's Mobile Unit Crime Watch and report back to the Council. b. Councilman Gillow discussed the traffic problem when the trolley stops at the "H" Street station and the crossing guards are down - traffic is backed up on to the freeway. MSUC (Gillow/Scott) to refer this to staff and see if there is a problem down there. c. COUNCIL WORKSHOP ON BUDGET Councilman Gillow stated that the schedule of meetings does not show the budget meeting which is scheduled for the first Saturday of November, November 7. d. Councilman Cox reported on the Legislative Committee recommendations on the bills to be heard by the Assembly Committee on Local Government next Thursday in San Diego: AB 138 (Kapiloff) - this bill transfers operation of the airport operations from the Unified Port District to a new body called the San Diego Airport District. MSUC (Cox/Scott) to re-emphasize the Council's opposition and that a member of staff or Council personally present this. Mayor Hyde said he would try to attend this meeting. MSUC (Cox/Scott) that staff prepare a strong position in opposition to the proposed legislation for the Council representative to use in responding. AB 1152 (Kapiloff) - which utilizes a portion of the revenues of the Unified Poet District which is outside the limits of the State jurisdiction and outside those tidelands under the trusteeship of the Port District. MSUC (Cox/Scott) to oppose this bill and that the Mayor represent the City. CHAMBER GUEST Mr. Shipe thanked Council for making the meetings possible for a Chamber representa- tive to be present and thanked the Mayor for his past services to the City. CLOSED DOOR SESSION The City Council recessed to Closed Door Session at 9:52 P.M. and adjourned at 10:30 P.M. ADJOURNMENT at 10:30 P.M. to the special meeting scheduled for Thursday, October 15, 1981 at 4 P.M. and the regular meeting of Tuesday, October 20 at 7 P.M. STATE OF CALIFOP~NIA ) AFFIDAVIT OF POSTING ORDER COL~TY OF S~2~ DIEGO ) ss OF ADJOUP~NMENT OF .W~EETI:~G CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say ~: That I am t-he duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the re§u]ar meeting of the Council of the City of Chuia Vista was held luesday, 0ct0ber ]3, ]98] and said meeting was adjou, rned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesda.y~ 0ct0ber ]4~ ]98] at the hour of 9:35 a.m. I posted a copy of said order at a conspicuous place on or near the door o~ the place at which said me'ting of 0¢t0be~ ]3, ]98] was held. s%~bscribed and sworn to before me this day of 19 Notary P%~blic in and for said County and State of California MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held luesday, October ]3, ]98] The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Hyde, McCandliss(arrived 7:35 p.m.) Scott, Gill0w, Cox Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at ]0:30 p.m. until Thursday, 0ct0ber ]5, ]98] at 4:00 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of 0ct0ber ]3, ]98] J~i~F~]4. FULASZ, CM~5,~ CtT~ CL~K ~ty of Chula Vista, California