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HomeMy WebLinkAboutcc min 1978/10/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 24, 1978 A regular meeting of the City Council of the City of Chula Vista, California was held on the above date beginning at 7:00 p.m. in the CounCil Chambers, City Hall, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Cox, Egdahl, Scott, Gillow Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Director of Pub- lic Works Robens, City Engineer Lippitt, Director of Building and Housing Grady, Director of Parks and Recreation Hall, Fire Chief Longerbone, Transit Coordinator Bloom The pledge of allegiance to the Flag was led by Mayor Hyde, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Council- man Egdahl and unanimously carried that the minutes of the meeting of October 17, 1978 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE - City Clerk Fulasz administered the Oath of Office to ENVIRONMENTAL CONTROL Merritt Hodson, newly-appointed member of the Environ- COMMISSION mental Control Commission/Historical Site Board. 3. ORAL COMMUNICATIONS Herb Lathan Mr. Lathan, representing the Executive Board of the 631Carla Avenue State Conference of Libraries, invited the Council to Chula Vista attend the Town Meeting for Library Users on.Saturday, October 28, 1978 from 10:00 a.m.'until noon in the Chula Vista Library. Vickie Kelly Ms, Kelly suggested that consideration be given to 185-A Brightwood placing goldfish in the pond at the Library water fea- Chula Vista ture to make it a cleaner and more attractive area. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Scott and Library Board and unanimously carried that this matter be referred to staff and the Library Board for consideration.. Bob Spellman, Owner Mr. Spellman submitted an Irrevocable TruSt Form for Chula Vista Motel the presentation of his third quarter transient occu- pancy tax, due and payable on October 31, 1978, which he placed in the Home Federal Saving and Loan pending a decision on how the Council plans to use the tourist promotional money. He also presented a form for Evelyn Roberson of Bay Cities Motel. Request for penalty clause Mr. Spellman asked that the Council waive the 10% per to be waived month penalty clause for the money being placed in trust until the problem of tourist promotion is re- solved. Me said they are not opposed to the 8% tax (increased from 6%), but feel it should be used to pro- mote tourism. City Council Meeting -2- October 24, 1978 Suggestion for the City to Councilman Scott suggested that the City set up a trust establish the trust account fund for these monies until the matter is resolved and thus no penalty would be due. Mayor Hyde asked that Mr. Spellman make arrangements to meet with the City Attorney and said he would be glad to participate in the meeting. Motion for City trust It was moved by Councilman Scott that the Council author- fund ize the City Attorney and City Manager to set up a trust, under which revenues received fremthe .hotel/mOtel tax would be placed in a special fund for one year, or until legal action is taken and the problem resolved. No second to motion The motion died for lack of a second. Motion for staff report on It was moved by Mayor Hyde that the staff investigate trust fund pending modifi- and report to the Council on the wisdom and practicality cation of tax of placing funds from the hotel/motel tax into a trust pending consideration of modification of the tax. No second to motion The motion died for lack of a second. Bob Skartvedt Mr. Skartvedt said that the Hotel paid approximately Royal Vista Inn $12,000 in room occupancy tax the first year it. was in 636 "E" Street business and last year paid over three times that amount, Chula Vista adding that the new rate does seem excessive. Jack Harper Mr. Harper asked permission to hold a competitive parade Harper's Music Store of bands on November 18, 1978, at lO:O0 a.m. along Chula Vista Fourth Avenue between 'IG" and "K" Streets, with an area for a judge~s stand and a staging area. Motion for approval It was moved by Councilman Scott, seconded by Councilman of parade of bands Cox and unanimously carried ~hat the request be approved; and if the staff comes up with any problems, bring it back to the Council. Mayor Hyde asked that the staff comment on this matter at the next meeting on OCtober 31. Avon Jennings Mr. Jennings presented aLetter of Irrevocable Trust for Avon Motel the transient occupancy tax. He said when the tax was Chula Vista f~ rst initiated, the public was aware that it was sup- posed to go into a fund to promote tourism, which has not been done. Ted Bell Mr. Bell presented a letter concerning an Irrevocable Kampgrounds Enterprises, Inc. Trust set up for the hotel/motel tax and also one for Chula Vista Collins Property Management of the Traveler Motel. He stated it was an "Unfair" tax and that the accommodations industry.was concerned over the improper administration of visitor promotion funds. Request that tax be placed Mr. Bellrequested that the City revise the ordinance to on same formula as use the same formula as San Diego - one percentage point San Diego to go to the ~e~eral fund for administration and the other 7 percentage points to go into a special fund for advertising and promotion of the City. He, too, asked that the late penalty of 10% per month be waived. Amendment to ordinance In response to a question from Councilman Cox, City At- required to waive penalty torney Lindberg said that without an ordinance amendment, the City cannot waive the 10% penalty. City Council Meeting -3- October 24, 1978 4. WRITTEN COMMUNICATIONS (None) PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mavor Hyde CONSIDERATION OF VACATION opened the public hearing. OF EASEMENT IN ROBERTA PARK UNIT NO. 2 SUB- Ms. Marcia Haas, one of the property owners of the DIVISION multiple housing compound between Ash and Beech Ave- nues, south of Davidson Street, requested the vacation. Staff finds that the City has no need of the easement for sewer or storm'drain purposes and the affected utility companies have no objections. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion for resolution It was moved by Councilman Cox, seconded by Councilman ordering vacation Egdahl and unanimously carried that staff be directed to draft a resolution ordering the vacation of the lO-foot easement. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor CONSIDERATION OF AMEND- Hyde opened the public hearing. MENTS TO THE MUNICIPAL CODE FOR THE REGULATION City Attorney Lindberg and Special Counsel (Redevelop- OF CERTAIN "ADULT ment) Clifton E. Reed have expressed the opinion that RECREATION" AND RELATED' nei. ther the City's existing zoning regulations nor the LAND USES Redevelopment Agency's policies can adequately regulate the subject uses. An evaluation of the several com- mercial zones in the City resulted ina determination that adult oriented recreational uses should be limited to the C-C and C-T zones. On September 27, 1978, the Planning Commission adopted the Negative Declaration on IS-78-67 and recommended that the Council enact the amendments to the Code in accordance with their Resolution PCA-79-1. Concern expressed in Mayor Hyde expressed concern regarding the C-C zone. including the C-C zone Director of Planning Peterson said that in new loca- tions.in the City, the C-C zone has been used to end the heavier C-T zones, which was done in this case. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to amend ordinance It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the C-C zone be deleted wherever it appears in the ordinance and de- lete Paragraph "D" completely as indicated on page 2. 6a. ORDINANCE NO. 1837 It was moved by Mayor Hyde that the ordinance be AMENDING THE MUNICIPAL placed on first reading, as amended, and that reading of CODE TO PROVIDE'FOR THE the text be waived by unanimous consent. The motion REGULATION OF CERTAIN carried by the following vote, to-wit: "ADULT RECREATION" AND RELATED LAND USES - AYES: Councilmen Hyde, Scott, Gillow, Cox FIRST READING Noes: Councilman Egdahl Absent: None Motion to delay issuing It was moved by Councilman Scott, seconded by Mayor licenses Hyde and unanimously carried that the City Manager be directed that no licenses be issued for any such acti- vities until the effective date of this ordinance. City Council Meeting -4- OCtober24, 1978 CONSENTCALENDAR It was moved by Councilman Scott, seconded by Council- (Items 7 through lO) man Cox and unanimously carried that the Consent Cal- endar be approved and adopted. 7. RESOLUTION NO. 9334 City Policy (PN200-07) requires a public hearing prior SETTING DATE FOR PUBLIC to widening any City street. Federal requirements for HEARING CONCERNING THIRD environmental review require that a .draft negative' AVENUE WIDENING DESIGN declaration be either available for public inspection ALTERNATIVES AND ENVIRON- or subjected to a public hearing. It is the recom- MENTAL CONSIDERATIONS mendation of the Public Works Department that this combined public hearing be held on November 14, 1978 relative to the widening of Third Avenue between "G" Street and "K" Street. 8. RESOLUTION NO. 9335 The territory proposed for annexation is currently be- INITIATING THE DETACH- ing taxed for services provided by the San Diego County, MENT OF THE "F" STREET/ Flood Control District - Zone 3. In order to avoid HILLTOP DRIVE ISLAND dual taxation and overlapping jurisdiction by the City ANNEXATION TERRITORY FROM and District, it is required that the territory be THE SAN DIEGO COUNTY detached from said District. FLOOD CONTROL DISTRICT - ZONE 3, UNDER THE PROVI- SIONS OF THE DISTRICT RE- ORGANIZATION ACT OF 1965 9. RESOLUTION NO. 9336 The territory proposed for annexation is currently being INITIATING THE DETACH- taxed for services provided by the San Diego County MENT OF THE EAST "H" Flood Control District - Zone 3. In order toavoid STREET/HILLTOP DRIVE ISLAND dual taxation and overlapping jurisdiction by the City ANNEXATION TERRITORY FROM and District, it is required that the territory be de- THE SAN DIEGO C(~UNTY tached from said District. FLOOD CONTROL DISTRICT - ZONE 3, UNDER THE PRO- VISIONS OF THE DISTRICT REORGANIZATION ACT OF 1965 10. RESOLUTION N0..9337 The final map for Chula Vista Terrace Subdivision has APPROVING FINAL MAP FOR been checked by the Engineering'Division and found to CHULA VISTA TERRACE be in conformity.with the Tentative Map approved by SUBDIVISION Resolution No. 9144. The subdivision is for the conver- sion of a:~19-unit apartment project into condominiums' at 174 Fourth Avenue and approval of the final map in- cludes the dedication of an easement fQr street tree purposes, lO feet in width along Fourth Avenue.. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING ll. RESOLUTION A cardroom license was approved for Paul Pilla in APPROVING TRANSFER OF August of 1977. In April of !978, the lease on the CARDROOM LICENSE premises expired; however, he kept hislicense in ef- fect and has arranged with Mike Haskell to be partners in the business. Mr. Haskell was approved for the license and the business reopened October 16, 1978. It is Mr. Haskell's intention to buy Mr. Pilla's share in the future and become full owner. City Council Meeting -5- OCtober 24, 1978 Concern regarding Mayor Hyde expressed his concern regarding the trans- transfer from "licensee fer'of a license from "licenseeto prospective li- to licensee" censee" rather than when a license terminates, having it 9o back to the City to be reissued by established procedures. Motion to continue It was moved by Mayor Hyde, seconded by Councilman Item 11 Cox and unanimously carried that this matter be con- tinued, at least until next week, and that a review of the ordinance be docketed relating to the issuance of cardroom licensing. 12. RESOLUTION NO. 9338 Bids were received on October 2, 1978 for a play- ACCEPTING BIDS AND ground structure and equipment as follows: (1) wood AWARDING CONTRACT FOR playground structure; (2) timber tire swing; (3) merry- PLAYGROUND STRUCTURE go-round; (4) pony swing; and (5) spring mount animal. AND EQUIPMENT Staff recommends that the contract be awarded to Miracle-jamison since they are the only bidder whose bid meets the specifications on Items 1 and 2 and they are the low bidder on Items 3, 4 and 5, which also meet specifications. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Cox, Gillow, Egdahl Noes: None Absent: None 13. RESOLUTION NO. 9339 Gary Mingo of Robinhood Homes, Inc., owners of Iron- ESTABLISHING SEWER gate Mini-Storage at 3650 Main Street, requested that CONNECTION CHARGES FOR the City establish sewer connection charges for the 3650 MAIN STREET connection of a resident manager's apartment to the City sewer in a sewer easement adjacent to the prop- erty. The City Engineer recommended that in this case the property owner pay a connection charge based upon a 60-foot frontage - the minimum frontage for a residential lot - or $960 (60 x $16). Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Gillow, Egdahl Noes: None Absent: None 14. RESOLUTION NO. 9340 At the present time, Aztec Bus Lines contracts with a APPROVING AGREEMENT local advertising firm for advertising on the inter- BETWEEN THE CITY AND iors and exteriors of all CVT coaches and receives TRANSIT ADS, INC., FOR 50% of all revenue generated from ads. The City pays £HULA VISTA TRANSIT BUS a bus lease charge of $300/month for each Aztec coach ADVERTISING FROM assigned to CVT service and staff suggested it would NOVEMBER l, 1978 TO be appropriate for the City to receive revenue from June 30, 1980 advertising on the buses. After reviewing and evaluating the bids, staff recom- mended that an agreement be approved with Transit Ads, Inc., to provide bus advertising for a 20~month period from 11/1/78 to 6/30/80. City Council Meeting -6- October 24, 1978 Jim Benedict Mr. Benedict asked that the Council reconsider staff's 1049 Camino Del Mar recommendation and award the bid to his firm, taking Del Mar, California into consideration their local experience, the finan- (Benedict Communications) cial aspects, and a marketing program that his com- pany would offer which would develop a positive public transit image for the City. Council discussion Council discussion ensued with staff concerning the guaranteed minimum revenue to the City ($651 more from Transit Ads, Inc.); total payment of $12,000 if all advertising is sold; marketing program not included in bid specifications; and whether this should be re-bid to include marketing. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent. Advertising sold out In answer to a query from Councilman Egdahl, Transit Coordinator Bloom said that Transit Ads, Inc., has already sold all the advertising space. Amendment to resolution It was moved by Councilman Egdahl that the resolution be amended and the bid awarded to Benedict Communica- tions as there is no "dollar" difference. No second to motion The motion died for lack of a second. Warren Morris, Vice President Mr. Morris said he did not understand the bid was also Transit Ads, Inc. for a marketing plan, but he does have considerable San Diego marketing experience and willbe glad to pass on mar- keting information to the City. He explained that the advertising in Chula Vista is part of a total plan, and their customers have requested additional space wherever it is available, thus space was "sold out" immediately. Resolution adopted The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Hyde, Gillow Noes: Councilman Egdahl Absent: None 15. RESOLUTION No. 9341 - Senate Bill 778 (1971) requires allbuilding depart- APPROVING PURCHASE OF ments to maintain a copy of plans and specifications SPECIFIED EQUIPMENT for all buildings constructed, except sin9ie-family AND SUPPLIES FOR A dwellings, for the life of the building. Staff in- MICROFILM SYSTEM vestigated microfilming system prQposals from several firms and determined that the 3M system complies with all their requirements. It was recommended that the Councit waive bidding requirements and purchas~ the complete microfilming system from 3M in the amount of $22,730. Equipment to be housed in In answer to a question from Councilman Egdahl, Direc- print shop of new building tor of Building and Housing Grady said that the equip- ment will be housed in the print shop in the new build- ing and will be operated by present staff. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Gillow, Egdahl Noes: Councilman Scott Absent: None City Council Meeting -7- October 24, 1978 16. RESOLUTION NO. 9342 - Because of excessive moisture due to watering ofplanter ACCEPTING INFORMAL BIDS boxes at the Library, the soil expanded, raising the AND AWARDING CONTRACT FOR sidewalk and causing it to crack excessively. Informal CONCRETE WORK ON COVERED written bids were received for cutting, removal of ex- WALKWAY OF LIBRARY isting concrete and expansive soil and replacement with imported non-expansive soil andnew concrete. Staff recommended that the informal bids be accepted and contract awarded to Bill M~za, low bidder, in the amount of $6,900. Removal of planters In response to a query from Mayor Hyde, Director of Building and Housing Grady said that the area will be cemented over and there will no longer be planters around the columns. Motion to continue resolution Itwas moved by Mayor Hyde, seconded by Councilman Egdahl pending staff report and unanimously carried that this matter be referred back to staff and ask them to investigate and bring back an es- timate of what it would take to solve the sidewalk problem and still retain the planter boxes designed in such a way that they will not cause a cracking of the cement. Mayor Hyde clarified that the motion was to continue the resolution. Council discussion ensued concerning accepting the bids tonight by adopting the resolution and still requesting the report. It was determined that there would be no problem in separating the ~esolution from the motion. Resolution to be It was moved by Mayor Hyde, seconded by Councilman Cox and considered separately unanimously carried that the resolution be separated from the motion and be treated separately. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Cox, Egdahl, Gillow Noes: None Absent: None 17. RESOLUTION On September 26, 1978, the Council approved an agreement APPROVING A CHANGE IN for architectural services with Thomas Williamson in an SCOPE FOR THE COMMUNITY amount not to exceed $25,500. He prepared schematic CENTER PROJECT AND AMEND- drawings of the proposed Community Center in the Town ING AN AGREEMENT WITH THE Centre Redevelopment area, but after review, the Design PROJECT ARCHITECT Review Board disapproved the plans based on nonconformance with the Design Review Manual and the "austere" exterior design. Mr. Williamson estimates that an additional $40,000 to $100,000 will be requined to bring the building up to the standards required, plus $5,800 in fees for architectural services to change the present plans. Councilman Scott said he had several questions on this item and suggested that it be handled at a Council Con- ference to discuss the exact changes and just what type of building the Design Review Board is contemplating. Motion to schedule Item 17 It was moved by Councilman Scott and seconded by Mayor for Council Conference Hyde that this item beset for a Council Conference. Jerry Prior, Chairman Mr. Prior said that this project was rejected by the Design Review Board Design Review Board as it was presented to them on short notice without staff input and they were unable to make a decision without proper information. City Council Meeting -8- October 24, 1978 Date added to motion Mayor Hyde added tQ the motion that the Council Confer- ence be set for Thursday, November 2, 1978, at 4:00 p.m. Councilman Scott agreed and the motion carried unani- mously. Design Review Board Mayor Hyde asked that the Design Review Board be in- invited to the meeting vited to the meeting. The Council concurred. 18. ORDINANCE NO. 1838 - The City Attorney has prepared an ordinance specifi- EXEMPTING SHOPPING CENTERS cally waiving subdivision/parcel map procedures rela- FROM CERTAIN SUBDIVISION tive to financial arrangements or leasehold agreements AND PARCEL MAP REQUIRE- in approved shopping centers. MENTS Exemption for shopping centers The Cfty Attorney said the o~dinance was prepared to comply with the interpretati'on of the-Subdivision Map Act which requires the filing of a parcel map - unless there is an ordinance exempting the shopping centers. Ordinance placed on It was moved by Councilman Scott that this ordinance first reading be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Cox, Gillow, Egdahl Noes: None Absent: None 19. REPORT OF THE CITY MANAGER a. REVIEW OF UTILITY TAX City Manager Cole said that when the Utility Tax was increased, the month of November was designated as the time to review the tax. He recommended that the Coun- cil set the date of November 21, 1978 for a public hearing to consider the Utility Tax. Motion to set public hearing It was moved by Councilman 'Egdahl, seconded by Coun- cilman Cox and unanimously carried that the public hearing be set as recommended (November 21, 1978). Motion to include Hotel/ It was moved by Councilman Scott and seconded by Coun- Motel Tax in public hearing cilman Cox that the Council include the Hotel/Motel (Transient Occupancy) Tax to go through the same pro- cess (public hearing). Council discussion Council discussion ensued concerning the Hotel/Motel Tax being a different matter; the appropriateness of scheduling this tax and the Residential Construction Tax for review; whether separate public hearings should be.scheduled to consider these items; and whether or not they should be referred to the Fee Schedule Review Committee. Motion failed The motion failed.by the following vote, to-wit: Ayes: Councilmen Scott, Cox NOES: Councilmen Egdahl, Hyde, Gillow Absent: None City Council Meeting -9- October 24, 1978 Motion to consider Transit It was movedby Councilman Gillow and seconded by Occupancy TaX (TOT) and Mayor Hyde that the CounCil consider t~e Transient Residential Construction Occupancy Tax and the Residential Construction Tax Tax on November 21 on November 21, along with the Utility Tax. Council discussion followed concerning setting sepa- rate public hearings. Motion amended Councilman Gillow amended the motion to hold the hear- and carried ing on the TOT at some other time to be decided at the next meeting. Councilman Cox agreed as the second and the metion carried unanimously. Request for Executive The City Manager stated that the City Attorney has re- Session quested an Executive Session at the conclusion of the agenda tonight to discuss litigation matters. Motion for Executive It was moved by Mayor Hyde, seconded by Councilman Cox Session and carried by a vote of 4 - 1 (Councilman Scott vot- ing "NO") that an Executive Session be held on the completion of the agenda items. Councilman Scott voiced his concern on having Execu- tive Sessions at the conclusion of each meeting. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 20. REPORT ON TENNIS COURT During the fiscal year 1978-79budget sessions, the LIGHTING Council approved a plan to turn off thelights on all City tennis courts two nights a week for economy. In a written report, Director of Parks and Recreation Hall said that beginnging November 4, 1978, the lights on all tennis courts, except General Roca Park, will be turned off on Sundays and MOndays. At General Roca Park, equipment is beinginstalled for the "pay as you play" experimental plan approved by the Council, which should be operational during November, 1978. Motion to accept report It was moved by Councilman Scott, seconded by Council- man Cox and unanimously carried that the report be accepted. 21. REPORT ON THE REQUEST On September 5, 1978, the Council accepted a staff BY CHAMBER OF COMMERCE recommendation that if the Council decided to contract TO ENTER INTO AN AGREE- with Bench Ad Company for a one-year period, certain MENT WITH BENCH AD conditions should apply as to clean, uncluttered copy COMPANY FOR PURCHASE and that copy should occupy no more thanl/3 of the OF CITY BUS BENCHES total space on the bus stop bench back, with accep- tance by the Cfty in accordance with approVed guide- lines. In a written report, the Acting Director of Public Works said that Bench Ad has indicated that they will agree to a veto power in the contract so the City will have control over size, color, and'content of advertising copy. Motion to accept report It was moved by Councilman Cox and. seconded by Mayor Hyde that the report be accepted. Speaking against the motion Councilman Egdahl spoke against the motion as the ad- vertising would be in violation of the Sign Ordinance of the City. City Council Meeting -lO- October 24, 1978 Exceptions permitted under In answer to a query from the Council, City Attorney ordinance for advertising Lindberg said that the ordinance relative to ~adver- on bus benches tising on City benches authorizes the Council to grant exceptions and there would be no need to go through Planning Commission and CoUncil hearings to amend the Sign Ordinance. Concern regarding violation Councilman Egdahl expressed his strong concern as the of Sign Ordinance intent Sign Ordinance was adopted to control sign safety hazards on City streets and this action would contra- dict what the Council has advocated through the years. Speaking against motion Councilman Scott said the City is losing money on the LTF fund which could be used to buy benches. He also spoke against the motion. Motion failed The motion to accept the report failed by the follow- ing vote, to-wit: Ayes: Councilmen Cox, Gillow NOES: Councilmen Egdahl, Hyde, Scott Absent: None . Motion to purchase bus It was moved by Councilman Cox that the City proceed benches with LTF funds as quickly as possible to secure bus benches for the City of Chula Vista~ using LTF funds. Mayor Hyde seconded the motion with the recommenda~ tion that the motion be amended to include that the benches have backs at all locations, unless ther.e is a specific reason why backs are unsuitable. Council- man Cox agreed to the amendment and the motion car- ried unanimously.. 22. REPORT ON PLANNING, Recently, Mr. Gary Block, representing several owners ZONING AND LAND USE of land within Roberta Park No. 2 and 3 Subdivision, STUDIES AND SURVEYS OF expressed his concern over the apartment house incur- ROBERTA PARK NO. 2 sions into the single-family use of Roberta Park AND NO. 3 SUBDIVISION (area south of Davidson Street). In a written report, Director o~'Planning Peterson stated that the Planning Department studied the sub- ject area's land use, zoning, and circu!ation pat- terns and performed field surveys in the area. It was staff's recommendation that Mr. BlOCk be advised: (1) that the existing land use pattern of Roberta Park No. 2 and 3 would not justify the City's initia- tion of "downzoning" proceedings; and (2) that staff's studies indicate that some rezoning activity within Roberta Park might be supportable, but that it would require private initiation. Motion to accept report It was moved by CounCilman Egdahl, seconded by Coun- cilman Scott and unanimously carried that the report be accepted. 23. REPORT AND RECOMMENDA- The City was askedto review an agenda item which' will TION REGARDING PROPOSED go before the RETC Policy Board on November 6, 1978: RETCACTION "Consideration of policy regarding employment status of RETC-funded Public Service Employment participants." City Council Meeting -ll~ October 24, 1978 In a written statement, Acting Director of Personnel Thorsen reported that the consensus Of many cities, including Chula Vista and San Diego, is that CETA par- ti'cipants should not have access to the Civil Service' Commission for hearings in cases of suspension, demo- tion or termination as the Civil Service Rules specify that a hearing before the Commission is a right only of permanent employees. CETA participants do receive all other procedural Steps in cases of discipline. It was staff's recommendation that the response to RETC indicate opposition to the proposed implementinglan- guage for Section 98.24(b). Motion to accept staff It was moved by Mayor Hyde, seconded by Councilman Cox recommendation and unanimOusly carried that staff~s recommendation be accepted. MAYOR'S REPORT Mayor Hyde to attend Mayor Hyde said he will be attending a meeting with meeting to discuss Congressman Van Deerlin and the South Bay Mayors on Lindbergh Field November 2, 1978, to discuss problems and concerns relative to Lindbergh Field. Tidelands Avenue In answer to Mayor Hyde's query, Assistant City Manager closure status Asmus said that the Tidelands Avenue closure is status quo. Letter of resignation Mayor Hyde announced that a letter of resignation has received - Board of Ethics been received from Mr. Joseph Odenthal 'from the Board of Ethics, as he was appointed to the Civil Service Commission. Motion to accept resignation It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the resignation 'be accepted with thanks for Mr. Odenthal's service. Joint meeting with Mayor Hyde announced that the Council has a joint meet- School Districts ing with the School Districts on Thursday, October 26, 1978, at Southwestern College at 4:00 p.m,, Request to be absent from Councilman Gillow said he has a special commitment and meeting of 10/31/78 will be out of town on Tuesday and Wednesday of next week. He asked permission to be absent from the meet-. ing of October 31. Request approved It was moved by Councilman Scott, seconded by Councilman Cox and carried that Councilman Gillow's request be ap~ proved. Councilman Egdahl to be Councilman Egdahl announced that he will be unable to absent from joint meeting attend the joint meeting on Thursday (October 26) as he with School Districts has a meeting out of town which he must attend. EXECUTIVE SESSION The Council recessed to Executive Session at 9:55 p.m. with the City Clerk excused. City Manager Cole was appointed Deputy City Clerk Pro Tempore and he re- ported that the meeting reconvened at 10:30 p.m. City Council Meeting -12- October 24, 1978 ADJOURNMENT Mayor Hyde adjourned the meeting at 10:30 p.m. to the joint meeting with the School Districts at 4:00 p.m. on Thursday, October 26, 1978, at Southwestern College. Deputy City Clerk