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HomeMy WebLinkAboutcc min 1978/06/13 MINUTES OF AN ADJOURNED REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - June 15, 1978 The City Council met in the Council Chambers at the City Hall, 276 Fourth Avenue on the above date at 7:00 p.m. with the following: Councilmen present: Mayor Hyde~ Councilmen Egdahl, Cox, Scott, Gillow Councilmen absent: None ADJOURNMENT Thursday, June 15, 1978 The Mayor adjourned the meeting until ~R~xRz~¥xR~m~xl~xxtR~R at 4:00 p.m. in the 6~x~kk~/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 June 15, 1978 ~/JENNIE M. FULASZ, 'CMC, Cit~Clerk City of Chula Vista, California V~sta wa~ h,.,15 June 13, 1978 June 14, 1978 .~ '~;~' ,~- 8;00 am ~.aC,, at ~h[cb said meeting of SubscEibed ~'~nd sworn Uo before me th~$ 14th .................................................. day cf. June t9 78 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. June 13, 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 Hobel*, Cox, Scott, Egdahl, Gillow* Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assitant City Manager Asmus, Director of Planning Peterson, Director of Public Works Roberts, Director of Finance Grant, Director of Building and Housing Grady, Acting Fire Chief Longerbone, Acting Personnel Director Thorsen, Director of Parks & Recreation Hall, Director of Purchasing Espinosa, Deputy City Manager Wittenberg, 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 Hobel, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of May 25 and June 6, 1978 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - (Deleted from the agenda.) b. RESOLUTION NO. 9127 - A run-off election was held on June 6, 1978 in conjunction DECLARING THE RESULTS with the Statewide Primary Election with George B. Gillow OF THE SPECIAL receiving 12,360 votes (59.1%) and Leonard M. Moore receiving MUNICIPAL ELECTION 8,483 votes (40.6%). Mr. Gillow was declared the winner HELD ON JUNE 6, 1978 and new Councilman for Seat No. 4. 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: Mayor Hyde, Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: None c. OATH OF OFFICE - City Clerk Jennie Fulasz administered the Oath of Office  GEORGE B. GILLOW to George B. Gillow, newly-elected Councilman. d. RESOLUTION NO. 9128 - Offered by Councilman Scott, the text was read by Mayor COM~NDING JAMES E. Hyde, passed and adopted by the following vote, to-wit: HOBEL FOR HIS SERVICES TO THE CITY OF CHULA AYES: Councilmen Scott, Egdahl, Cox, Hyde VISTA Noes: None Abstain: Councilman Nobel Absent: None Mayor Hyde presented the Resolution to Mr. Hobel, expres- sing the appreciation of the Council for Mr. Hobel's eight years of service to the City as a Council member. City Council Meeting -2- June 13, 1978 Councilman Gillow *Councilman Gillow assumed the chair for Council Seat assumes Seat No. 4 No. 4 and Councilman Hobel left the dais. RECESS A recess was called at 7:30 p.m. and the meeting reconvened at 7:50 p.m. 3. ORAL CO~UNICATIONS Henry Ewing Mr. Ewing presented a petition and asked that the City 288 "F" Street, Apt. 712 Clerk read it as he was unable to see. City Clerk Jennie Chula Vista Fulasz read the petition, containing 1S2 signatures, ex- pressing the concerns of the residents of the Congregational Tower regarding the safety hazards created by skateboarders and bicyclists using the sidewalks in violation of the City Code. They asked that the Code be enforced for the pro- tection of senior citizens and the handicapped. Motion to refer It was moved by Mayor Hyde, seconded by Councilman Cox matter to City and unanimously carried that the City Manager look into Manager this matter and see if there is anyway in which the situa- tion can be alleviated. Richard D. Callahan Mr. Callahan announced that the Chamber of Commerce has President, Chula Vista moved to 230 Glover Avenue to take advantage of the Chamber of Commerce parking space. He described some of the services offered the City by the Chamber and asked if the City would put up five directional signs directing people to their new Glover Avenue address. He presented the City Clerk with a map indicating suggested placement of the signs. Motion to refer request It was moved by Mayor Hyde, seconded by Councilman Scott to staff and Town Centre and unanimously carried that this request be referred to Project Area Committee staff and the Town Centre Area Committee for comment. Sst. Robert Bourgeois Sgt. Bourgeois spoke on the civil liabilities pertaining Chula Vista Police to the City and police officers. He described the problems Association faced by police officers who have civil suits filed against them in the course of performing their duties as peace officers. He commented on the hazards faced by the officers daily and the lack of support from the courts and the district attorney's office. He stated that many civil suits are filed that are unwarranted in an apparent effort to harass officers and circumvent law enforcement. Appreciation expressed Mayor Hyde, speaking for himself and for the community, to Police Department expressed his appreciation and respect for the Police Department. He commented that the City Attorney is available to counsel the Police Officers Association or individual officers regarding civil suits. Courts available to City Attorney Lindberg said that many times people bringing protect rights of suit are "judgment-proof" for counter-suits, but suggested police officers that it is timely that the officers - through their as- sociation and in consultation with his office - consider the possibility of filing suits to demonstrate that liti- gation should not be allowed to be used to thwart the law enforcement processes and that the court5 are available for the protection of officers' rights. Don Ritchey Mr. Ritchey expressed his personal concern regarding the 92 "F" Street statements of Sgt. Bourgeois and offered his support. Chula Vista He stated that as a citizen and businessman, he commended the police officers for the job they perform. City Council Meeting -3- June 13, 1978 Clarence Knight Mr. Knight said he was speaking on behalf of the Chula 117 Jefferson Vista Taxpayers Association and offered their suggestions Chula Vista on two areas for budget savings: (1) that the use of streets lights be reviewed to shorten the hours they are turned on and reduced power costs, and (2) to consider the elimination of after-dark outdoor lighting of recreational facilities when they are not in use, with the recommendation that a nominal fee be charged to participants who use lighted facilities to help pay for electrical costs. Mr. Knight also expressed his appreciation and confidence to the police officers of Chula Vista. Comments regarding Mayor Hyde said that the remarks concerning the possibility electrical savings of electrical savings would be referred to the City referred to City Manager for consideration. Manager Arthur Myers Mr. Myers explained the problem faced by tenants of the 383 Mankato Street Touch of Spain apartments which are to be converted to Chula Vista condominiums. He referred to several letters received from the owner concerning the conversion, noting that the last notice was concerning a rent increase of $45 per month. He recommended that if apartments are to be converted, that consideration be given to these problems. Request to consider Mayor Hyde said it has been requested that Item No. 23 Item #23 out-of-order be advanced on the Agenda (Ordinance revising business license fees). Motion to advance It was moved by Mayor Hyde, seconded by Councilman Cox Item #23 on agenda and unanimously carried that Item #23 be advanced to be considered following the public hearings. 4. WRITTEN COMMUNICATIONS a. REQUEST FOR COUNCIL Senator Marks, Chairman of the State Senate Committee on CemENTS REGARDING Local Governments, has asked for Council comments and IMPLEMENTATION OF input regarding the implementation of Proposition 13. PROPOSITION 13 Motion to refer to It was moved by Councilman Scott, seconded by Mayor Hyde staff for reply and unanimously carried that the staff reply to this letter and send their comments to Senator Marks. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - The City Council has authorized the acquisition of two INTENT TO ACQUIRE AND additional parking lots in Parking District No. 1. The IMPROVE ADDITIONAL PARK- ordinance adds to the parking lots two additional parcels ING LOTS WITHIN CHULA to be acquired and improved and the resolutions provide VISTA PARKING DISTRICT #1 for administrative handling of the acquisition and improve- ments. EIR process incomplete City Manager Cole said that the environmental review process has not been completed and no action can be taken tonight, and that it is anticipated the report will be finished in about three weeks. Effect of Proposition 13 Councilman Scott questioned whether this item should be considered in view of the passage of Proposition 13. City Council Meeting -4- June 13, 1978 Motion to consider It was moved by Councilman Egdahl and seconded by Councilman item at end of agenda Scott that this item be carried over to the end of the agenda (for discussion item only.) Substitute motion It was moved by Mayor Hyde that this matter be continued for four weeks due to the financial implications as affected by passage of Proposition 13. Addition to motion- The motion was seconded by Councilman Cox with the addition motion carried that during that period of time that the staff look into alternative ways of funding this acquisition of property. Mayor Hyde agreed to the addition and the motion carried unanimously. Sa. ORDINANCE - (Continued for four weeks - July 11, 1978) AMENDING ORDINANCE NO. 847 DESCRIBING THE ACQUISITION AND IMPROVEMENT TO BE MADE ON ADDITIONAL PARKING LOTS WITHIN CHULA VISTA PARKING DISTRICT #1 5b. RESOLUTION - (Continued to July 11, 1978) INTENT TO CONDEMN PROPERTY OWNED BY ANSEL AND ~RJORIE WATROUS FOR USE AS A PARKING LOT IN CHULA VISTA PARKING DISTRICT #1 Sc. RESOLUTION - (Continued to July 11, 1978) INTENT TO CONDEbi~ PROPERTY OWNED BY MARJORIE RODRIQUEZ FOR USE AS A PARKING LOT IN CHULA VISTA PARKING DISTRICT #1 Sd. RESOLUTION - (Continued to July 11, 1978) ESTABLISHING AND CREATING CONSTRUCTION AND ACQUISITION FUND FOR USE OF PARKING DISTRICT #1 AND TRANS- FERRING $80,000 FROM THE GENERAL FUND Se. RESOLUTION - (Continued to July 11, 1978) ESTABLISHING A RE- PAYMENT SCHEDULE FOR A LOAN TO THE PARKING DISTRICT 6. PUBLIC HEARING - This being the time and placo as advertised, Mayor Hyde CONSIDERATION OF PRECISE opened the public hearing. PLAN PCM-78-20 FOR INDUSTRIAL BUILDING TO STORE, PACKAGE AND DISTRIBUTE PETRO-CHEMICAL PRODDCTS AT 1888 NIRVANA AVENUE, 0TAY INDUSTRIAL PARK, IN I-P ZONE City Council Meeting -5- June 13, 1978 The applicant has submitted a precise plan for the con~ struction Of a 7800 sq. foot industrial building, storage tanks, and other accessory structures on a 2.38 acre parcel located at 1888 Nirvana Avenue in the Otay Industrial Park in the I-P zone. On May 10, 1978 the Planning Com- mission certified the Negative Declaration on IS-78-63 and recommended approval of the precise plan in accordance with their Resolution PCM-78-20. Director of Planning Peterson summarized the staff report and said that the firm does process and distribute various chemicals to different types of businesses. He described the building and grounds, including parking area and landscaping. Council discussion Council discussion ensued with staff concerning the fire safety measures, location of fire hydrants, plants reviewed by the Fire Department and approved, and compliance with Air Pollution Control District regulations. Councilman Gillow questioned whether the liquids in the storage tanks might not be affected by water for fire protection. Fred Kazlo, Architect Mr. Kazlo explained that there is a third fire extingui- 7440 Girard shing control located on the lot which is moveable-powdered La Jolla 92037 chemical fire control, and in addition all potential fire areas are protected by a two foot ditch. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 6a. RESOLUTION NO. 9129 - Offered by Councilman Egdahl, the reading of the text APPROVING PRECISE was waived by unanimous consent, passed and adopted by PLAN FOR INDUSTRIAL the following vote, to-wit: BUILDING TO STORE, PACKAGE AND DISTRIBUTE AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox PETRO-CHEMICAL PRODUCTS Noes: None AT 1888 NIRVANA AVENUE, Absent: None AND CERTIFYING THE NEGATIVE DECLARATION 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. PRECISE PLAN PCM-78-19 FOR MOTEL AND RESTAURANT The applicant has submitted a precise plan for the con- AT SOUTHWEST QUADRANT 5truction of a 105-unit motel and one manager's apartment OF 1-805 AND OTAY VALLEY unit, a restaurant and 191 parking spaces, on a 2.8 acre ROAD IN C-V-P ZONE parcel located at the southwest corner of 1-805 and Otay Valley Road in the C-V-P zone. On May 10, 1978 the Plan- ning Commission certified the Negative Declaration and recommended approval of thc precise plan in accordance with their Resolution PCM-?8-19. Director of Planning Peterson said a proposal will be coming before the Council next week for a shopping center on a ? acre parcel adjacent to this property. He described the access, architecture and freestanding signs, com- menting that one of the conditions of approval for the precise plan is that the driveway east of the restaurant be used as a joint access with the proposed shopping center. City Council Meeting -6- June 13, 1978 Council discussion Council discussion followed concerning compact parking spaces, consideration of increasing the percentage of small spaces required, and the participation of the applicant in the construction of a traffic control signal. Typographical error - Mayor Hyde called attention to a typographical error in PCM-78-19 Item 12 of the PC Resolution PCM-78-19, second line:the word "plan" should read "planting", with the statement to read "parking stalls and planting located south of the entrance drive..." John Kosmas Mr. Kosmas said he was representing the developer, 5 Flags, 1831 Fourth Avenue Ltd., and expressed disagreement with the condition that San Diego 92101 the access drive be a joint access for the proposed shopping center. He described the various ingress-egress areas, the traffic pattern, curbs, fences, walkways, and land- scaping. Carl Salatino Mr. Salatino said that in reducing the parking by three 1709 Canyon Road spaces, it would affect the total units allowed, which Spring Valley would only benefit the other developer (shopping center). He spoke against this loss of parking, and said there would be pedestrian access to and from the restaurant into the proposed shopping center. Public hearing closed There being no further comments, for or against, the public hearing was declared closed. 7a. RESOLUTION NO. 9130 - It was moved by Councilman Cox, seconded by Councilman APPROVING PRECISE PLAN Scott and unanimously carried that the resolution be FOR 5 FLAGS LIMITED amended to delete the condition in Item #12 (of the MOTEL AND RESTAURANT Planning Commission Resolution No. PCM-78-19) regarding AT SOUTHWEST QUADRPdqT the passageway for automobile traffic. OF 1-805 AND OTAY VALLEY ROAi) IN C-V-P ZONE Second amendment to It was moved by Mayor Hyde, seconded by Councilman Cox resolution and unanimously carried that the wording in Item #3 of Planning Commission Resolution be modified to read as follows: "Co~pact parking spaces in the amount of up to 20% of the total number required shall be allowed subject to staff approval." Resolution offered Offered by Councilman Cox as amended, the reading of the as amended text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Egdahl, Gillow, Scott, Hyde Noes; None Absent: None 8. PUBLIC HEARING - This being the time and placed as advertised, Mayor Hyde CONSIDERATION OF INTENTION opened the public hearing. OF THE CITY TO VACATE AN EASEMENT FOR ROAD PURPOSES Robinhood Homes, Inc., submitted a request for the City AT 3650 MAIN STREET - to vacate a SS-foot wide easement for road purposes along ROBINHOOD HOMES the west side of their property at 3650 Main Street. Development has occured which eliminates the need for a street in this location and the Planning Commission and staff recommended that the easement be vacated. Public bearing closed There being no comments, either for or against, the public hearing was declared closed. City Council Meeting -7- June 13, 1978 Motion for resolution It was moved by Councilman Scott, seconded by Mayor Hyde ordering street vacation and unanimously carried that a resolution be brought back to the Council ordering the street vacation. UNANIMOUS CONSENT ITEM 8a. RESOLUTION NO. 9131 - City Manager Cole said that the City's public liability AWARDING PUBLIC insurance policy expires on June 19, 1978. The final LIABILITY INSURANCE information on the cost of the premium has just been COVERAGE TO ADMIRAL received. An in-depth written report was submitted INSURANCE COMPANY outlining several options with the staff recommending that the public liability insurance coverage be awarded to Admiral Insurance Company with a $750,000 self-insured retention. In response to Councilman Scott's concern that this is an important matter and the Council should have more time to review the materials, City Manager Cole suggested that a Council Conference be held on Thursday, June 15, 1978. Motion for Council It was moved by Mayor Hyde and seconded by Councilman Conference June 15 Scott that a Council Conference be scheduled at 4:00 p.m. on Thursday, June 15, 1978. Councilman Cox said he will not able to attend a meeting on June 15, 1978 and Mayor Hyde announced that he will be out of town on that date. Motion withdrawn Mayor Hyde withdrew his motion. Councilman Scott agreed to the second. RECESS In order for the Council to review the staff's report, a recess was called at 9:01 p.m. and the meeting reconvened at 9:09 p.m. Council discussion Council discussion continued, including advantages of the City becoming self-insured; time to build reserves; the $400,000 stop loss provision (under the present policy, the City is self-insured for the first $100,000 of any occurrence - in any policy year, if claims exceed $400,000, the insurance carrier pays the additional amount); the staff's strong recommendation that the Council consider no less than $500,000 self-insured retention (due to premium savings); minimum losses experienced to date by the City; and the need to increase the reserve fund. Resolution offered Offered by Councilman Egdahl, with the addition that the $113,472 budget savings be added to the liability reserve, the reading of the text was waived by unanimous consent. Council discussion Discussion followed concerning whether the City can the risk at this time; if monies are set aside in reserve, the Council can with a 4/5 vote, pull it out and use it for other items; and the possibility and feasibility of the City going "bare." Phil Creaser Mr. Creaser Insurance Broker for the City, spoke against Creaser-Price Insurance the recommendation of the City Manager, commenting on the numerous claims paid in the State of California today and suggesting that decisions not be based on "past record." He recommended that consideration be g~ven to awards given by juries and determine what the prudent decision should be in case the City should face a lo$s of great magnitude - whether it can afford such a loss. City Council Meeting -8- June 13, 1978 Councilman Cox spoke in favor of building up a liability reserve in preparation for going "bare." Amendment to Resolution It was moved by Mayor Hyde and seconded by Councilman Scott that the offer of the Resolution be amended to approve approve Option III at the $500,000 figure and continue to place the monies saved into the liability reserve. Amendment to Resolution The motion to amend the Resolution carried by the following carried vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Scott, Egdahl Noes: Councilman Cox Absent: None Resolution adopted The Resolution, as amended, was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Mayor Hyde (Items 9 through 13) and unanimously carried that the Consent Calendar be approved and adopted, with Councilman Scott voting "no" on Item #9 and Councilman Gillow abstaining on Item #13. 9. RESOLUTION NO. 9132 - On June 6 the Council determined that a 28-foot high AMENDING PRECISE PLAN freeway-oriented sign for the PHd trucking firm was GUIDELINES RELATING TO appropriate at "L" Street and Industrial Boulevard. SIGN FOR PROPERTY AT The sign was approved without the "Diesel Fuel" add-on; 910 INDUSTRIAL BOULEVARD the total area of the sign to be 100 square feet. IN I-L-P ZONE - PHd CORPORATION (Councilman Scott voted "no") 10. RESOLUTION NO. 9133 - As an alternative to conducting separate public hearings, ACKNOWLEDGING RECEIPT the Redevelopment Agency and the City Council may hold a OF THE TOWN CENTRE II joint public hearing. Staff is suggesting that the joint REDEVELOPMENT PLAN AND public hearing be held on Thursday, July 13, 1978 at REPORT AND SETTING 7:00 p.m. in the Council Chambers. JULY 13, 1978 AS THE DATE FOR A JOINT PUBLIC HEARING FOR CONSIDERATION OF THE SAME 11. RESOLUTION NO. 9134 - E.C. Glad Properties have completed a double 6' x 5' box  ACCEPTING DRAINAGE culvert on property at 550 Park Way extending south to IMPROVEMENTS AT "G" Street. The southerly 125 feet of the culvert was 550 PARK WAY constructed through an Agreement with the City. A final inspection was made June 1, 1978 and the project was found to be completed in accordance with the Agreement and to the satisfaction of the Director of Public Works. 12. RESOLUTION NO. 9135 - Donald R. Goldman & Associates have requested a 20-day GRANTING EXTENSION extension of contract time for architectural services OF TIME FOR ARCHITEC- due to computer programming difficulties. Staff has TURAL SERVICES FOR reviewed the request and recommended that it be approved. RENOVATION OF THE CIVIC CENTER ADMIN- ISTRATION BUILDING City Council Meeting -9- June 13, 1978 13. RESOLUTION NO. 9136 - Following a public hearing on June 6, 1978 the Council ORDERING THE VACATION requested that a resolution be prepared ordering the OF A PORTION OF DORA vacation of portions of Dora Lane adjacent to the Chula LANE Vista Community Hospital site. (Councilman Gillow abstained from voting on Item #13 as he was not present at the public hearing) (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 23. ORDINANCE NO. 1801 - In accordance with Council direction on August 9, 1977 a REVISING BUSINESS Business License Review Committee was established with LICENSE FEES - the Mayor selected to represent the Council and other FIRST READING members representing a cross-section of business interests AND ADOPTION in the City. The Committee proposed changes which they deemed reasonable and necessary to provide a moderate increase in business license revenue. A detailed written report was submitted by the Director of Finance describing the proposed changes. Mayor Hyde stated that each recommendation was approved unanimously by members of the committee, and presentations were made to various business organizations of the com- munity for their input. Richard Callahan Mr. Callahan expressed concern on the part of the Chamber President, Chula Vista that this item was not scheduled for a public hearing. Chamber of Commerce Ne said that the Chamber supports the increases with the condition that 75% of the funds are to be earmarked for the promotion of the economic climate of Chula Vista, and 25% used for the administration purposes. He referred to the letter submitted by the Chamber on June 12, 1978 outlining their recommendation and concerns. Community advised of Mayor Hyde said that all business organizations who have agenda item regarding indicated an interest were advised that the matter would license fees be considered by the Council this evening. Recommendation of Councilman Cox stated that the Mayor's Economic Advisory Mayor's Economic Committee supported the fee schedule with the recommended Advisory Committee amendment that: "Coin operated vending machines - relevant companies in this area be licensed quarterly by class and number of such machines in the community..." and that the proposal of the Chamber regarding 75% of the funds being earmarked for business promotion was supported by a vote of 4 - 3. Council discussion Council discussion ensued concerning thc time element in adopting the budget, the effect of Proposition 13 on budget matters subsequent to July 1, 1978 and the advice of the City Attorney that any action taken to increase fees should bc completed prior to June $0. Ron Floyd Mr. Floyd noted that the business licenses have not been Realtor reviewed for 20 years and that each item was given careful Member of Business consideration. He spoke in favor of the new license fee License Review Committee schedule. Steve Owens, President Mr. Owens said that the business license fees were discussed Town Centre Business twice at their meetings and their Board and people attending and Professional Assn. the meeting were in support of thc proposed increases. City Council Meeting -10- ,June 13, 1978 Niek Slijk Mr. Slijk commented that some business organizations had Chula Vista been advised of the propose fee increases, but the Shopping Chamber of Commerce Center group had not had a presentation, and were not in favor of the increases. Representatives of this group were not available to attend the meeting tonight. Staff contact with In answer to a query from Mayor Hyde, Director of Finance Shopping Center Group Grant said that a special effort was made to talk with the Shopping Center people, particulary the manager of the group, Mr. Carson, and other people in the stores to inform them of the proposed fees. He said he did not receive a negative reaction. Motion to hold It was moved by Councilman Cox that a Council Conference public hearing be scheduled on June 29, 1978 to be advertised as a public hearing and consider not only the business license in- creases at that time, but also the question of earmarking the funds. No second to motion The motion died for lack of a second. Ordinance placed It was moved by Mayor Hyde that the ordinance be placed on first reading on first reading and adopted, and that the reading of the and adopted text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Scott, Egdahl Noes: Councilman Cox Absent: None Motion to consider It was moved by Councilman Cox, seconded by Councilman suggestion of Chamber Scott and unanimously carried that the suggestion made of Commerce by the Chamber of Commerce (75% of funds earmarked for business economic promotion) be brought up at the time the Council is reviewing the budget in view of the Jarvis/ Gann Initiative and deal with it at that time. RECESS A recess was called at 9:57 p.m. and the meeting reconvened at 10:10 p.m. 14. RESOLUTION NO. 9137 - Bids were received on June 1, 1978 for the construction ACCEPTING BIDS AND of "G" Street Relief Sewer between Third Avenue and AWARDING CONTRACT Fourth Avenue. FOR CONSTRUCTION OF "G" STREET RELIEF Staff recommended that the bids be accepted and the SEWER AND APPROPRIATING contract awarded to D. L. Muns Engineering & Building FUNDS Contractors, low bidder, in the amount of $62,782.88. The bid exceeded the Engineer's estimate by 11.1% and it was recommended that the Council appropriate $13,860 from the unappropriated balance of Sewer Income Fund to the "G" Street Relief Sewer Project S-103. Closing of "G" Councilman Egdahl questioned the closing of "G" Street Street questioned for a period of 25 working days. He expressed his concern regarding this length of time. Closing of street be Director of Public Works Robens explained that in order bid specifications to reduce the contract price, the specification for bids did indicate that the street would be closed. City Council Meeting -11- June 13, 1978 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: Mayor Hyde, Councilmen Gillow, Scott, Cox Noes: Councilman Egdahl Absent: None iS. RESOLUTION NO. 9138 - Bids were received on May 25, 1978 for the construction REJECTING BIDS FOR THE of Parkway Gymnasium Rehabilitation and Pool Auxiliary CONSTRUCTION OF PARKWAY Solar Heating System. The low bid submitted by Masters GYMNASIUM REHABILITATION Construction exceeds the Architect's estimate by $14,762.10. ~oND POOL AUXILIARY SOLAR Staff recommended that the bids be rejected and re-bid HEATING SYSTEM the construction as three separate projects instead of one, in accordance with the review and recommendation of the Project Architect, Victor Wulff. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent. In answer to a query from Councilman Egdahl, Director of Parks and Recreation Hall said that the funds for this project are covered by State Block Grant and PAD monies, with no appropriation from the General Fund. The resolution was passed and adopted by the following vote: AYES: Mayor Hyde, Councilmen Gillow, Scott, Cox, Egdahl Noes: None Absent: None 16. RESOLUTION - Bids were received on May 19, 1978 for the purchase of ACCEPTING BIDS AND irrigation equipment and supplies for use at Vista AWARDING CONTRACT Square and SDG&E Park on Hilltop Drive. FOR IRRIGATION EQUIPMENT AND SUPPLIES Project to be In response to a question from Councilman Cox, City reviewed Manager Cole said that the School District has indicated they would maintain the park once it is completed. However, this is one of the CIP projects which the staff is re- viewing and it will be discussed with the Council for direction. Motion to continue It was moved by Mayor Hyde and seconded by Councilman resolution Cox that this resolution be continued to the first meeting following budget consideration for final budget adoption. Council discussion Discussion ensued concerning the expenditure of funds at this time, the indication from the school district that they would like to proceed with the project, that the material can be used even if the project is deleted from the CIP program, and the possibility of increased prices if the bid is delayed. Motion withdrawn Mayor Hyde withdrew his motion. Councilman Cox agreed to the second. Discussion continued Council discussion continued regarding the use of the materials and possible reduction in other budget areas, possibility of demand for these supplies decreasing due to the effect of Proposition 13, and the inflation increase of approximately 6% since the last bid. Motion to continue It was moved by Councilman Cox and seconded by Mayor Hyde resolution that this item be continued until after the budget adoption. City Council Meeting -12- June 13, 1978 Councilman Egdahl commented that the school board may not have had an opportunity to consider this again since the election and suggested that the staff contact the district. Substitute motion It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that action on the resolution be held for one week and that staff be directed to contact the school district staff as to whether or not it is their intention that they recommend going ahead with the project in the light of their budget constraints. 17. RESOLUTION - Comprehensive Employment Training Act (CETA) funds received ACCEPTING BIDS AND for costs in administering the CETA program may be AWARDING CONTRACT FOR utilized as approved by the City Council. The Park TWO TRUCKS Maintenance Division has a need for two pick-up trucks to support the program. Motion to continue It was moved by Councilman Cox and seconded by Councilman resolution - Item #17 Scott that this item be continued until a decision is made as to whether the City will continue having CETA employees to operate the vehicles. Speaking in favor Mayor Hyde spoke in favor of purchasing the trucks while of purchasing trucks the CETA funds are available. Trucks can be kept by Assistant City Manager Asmus said that the trucks will be the City if CETA program purchased by CETA money, and even if the program is dis- is discontinued continued, the City may retain the trucks. Bids valid for 10 days In response to a query from Councilman Egdahl, Purchasing Agent Espinosa said that the bids are good for 10 days. Motion carried The motion carried with Mayor Hyde voting "no". 18. RESOLUTION - The Park Maintenance Division has need for grounds main- ACCEPTING BIDS AND tenance equipment to support the CETA program. The AWARDING CONTRACT equipment will be used by CETA personnel in the traveling FOR GROUNDS crews. MAINTENANCE EQUIPMENT Motion to continue It was moved by Councilman Cox, seconded by Councilman Item #18 Scott and unanimously carried that this item be continued until such time as the Council has gone through the budget and made a determination in regard to the CETA workers for next year. 19. RESOLUTION NO. 9139 - On November 10, 1977 the Civil Service Commission recom- DECLARATION OF CERTAIN mended that "Public Service Employment" CETA employees PSE/£ETA EMPLOYEES AS hired off the regular eligible lists have "Interim" status "INTERIM" from the date of their employment. This will allow those CETA employees to transition into regular permanent vacancies without repeating the testing process. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, Donald Byrum Mr. Byrum requested that both Items 19 and 20 be removed Chula Vista from the agenda at this time, stating that they should be Eirefighters Assn. negotiated with the Associations, Items considered City Manager Cole stated that the items are considered management's prerogative "management's prerogative" and not items for meet and confer sessions and that they d~d not affect any existing positions. City Council Meeting -13- June 13, 1978 Substitute motion to It was moved by Councilman Scott and seconded by Mayor hold Items #19 and #20 Hyde that Items #19 and #20 be held over for one week to for one week get a clarification as to whether or not they should be part of negotiations. Enrployer/Employee Deputy City Manager Wittenberg, in response to a directive Relations Policy from Mayor Hyde, explained that these matters have been support management's right discussed with the City Manager, City Attorney and Personnel Director and it was concluded that this is an exclusive management "right." He quoted pertinent sections from the City's Employer/Employee Relations Policy to substan- tiate this conclusion. Suggestion for In support of a statement by Councilman Scott, City informal sessions Attorney Lindberg concurred that an informal session with the employee groups to advise them of management's prerogative in these instances would be helpful, as a matter of information and for better understanding. Motion to hold Councilman Scott withdrew his motion. Mayor Hyde agreed Items #19 and #20 to the second. withdrawn Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 20. RESOLUTION NO. 9140 - On November 10, 1977 the Civil Service Con~nission recom- ADDITION TO CIVIL mended that a new category - "Restricted Appointments" - SERVICE RULES - RULE be added to the Civil Service Rules to establish a category II, SECTION 4 (c) - for appointments which would include individuals who (1) RESTRICTED APPOINTMENTS are not hired from regular civil service eligible list, (2) are employed in a program of limited duration, and/or (3) are paid out of state, federal or other funds, but not regular City funds. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox Noes: None Absent: None 21. ORDINANCE NO. 1799 - On June 6 the Council adopted a motion to rezone the AMENDING THE ZONING MAP Palace Garden Mobile Home Park from R-3 to R-3-P-15-"M". TO CHANGE THE ZONE OF The appropriate ordinance has been prepared to formalize 30.50 ACRES AT THE this action. SOUTHEAST CORNER OF QUINTARD STREET AND Councilman Gillow stated he would abstain from this item SECOND AVENUE FROM R-3 as he was not present at the public hearing or during TO R-3-P-1S-"M" - FIRST subsequent discussions. READING Ordinance placed It was moved by Councilman Scott that this ordinance be on first reading 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: AYE'S: Councilmen Scott~ Cox, Egdahl, Hyde Noes: None Abstain: Councilman Gillow Absent: None City Council Meeting -14- June 13, 1978 22. ORDINANCE NO. 1800 - A trial traffic regulation has been in effect for eight ESTABLISHING A PRIMA months decreasing State Law maximum speed limit on Bay FACIE SPEED LIMIT OF Boulevard beginning at "E" Street and ending at "L" 35 MILES PER HOUR ON Street to 35 mph. The Safety Commission and staff recom- BAY BOULEVARD - mended that the traffic regulation be made permanent. FIRST READING Ordinance placed It was moved by Mayor Hyde that this ordinance be placed on first reading 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: Mayor Hyde, Councilmen Gillow, Scott, Cox, Egdahl Noes: None Absent: None 23. ORDINANCE NO. 1801 - (Item considered out-of-order. See page #9 of the minutes.) REVISING BUSINESS LICENSE FEES - FIRST READING AND ADOPTION CONTINUED MATTERS AND SECOND READING OF ORDINANCES 24. ORDINANCE NO. 1798 - A public hearing was held on June 6 to consider an appli- AMENDING THE ZONING cation for rezoning and prezoning of 30 acres of property MAP TO PREZONE AND located on the easterly side of Otay Lakes Road north of CHANGE THE ZONE OF the Bonita Vista High School. Following the hearing, the 30 ACRES EAST OF OTAY Council placed the ordinance on first reading. LAKES ROAD FROM R-E AND L-C (COUNTY) TO R-i-15-P - SECOND READING AND ADOPTION Ordinance placed It was moved by Councilman Scott that this ordinance be on second reading placed on its second reading and adopted and that the and adopted reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde Noes: None Abstain: Councilman Gillow Absent: None Councilman Gillow abstained from voting on this item as he was not present at the public hearing. REPORT(S) OF THE CITY MANAGER Budget review schedule City Manager Cole presented the Council with a suggested schedule of meetings to consider the Aztec 8us contract and to review the budget in view of Proposition 1S. A Council Conference is suggested for June 15, 1978 at 4:00 p.m. with further meetings recommended for Saturday morning, June 17; June 22 at 7:00 p.m. for budget hearing and additional meetings on Saturday, June 24, Tuesday June 27 a~d Thursday June 29 to continued budget hearings and adopt the budget. Councilman Scott said that he will be unable to attend the meeting on Saturday, June 17. City Council Meeting -15- June 13, 1978 Clarification of meeting In clarification of the public hearing scheduled for the schedule budget, City Manager said that the hearing can be con- ducted on the budget as previously considered, with revisions made to meet cuts required under Proposition 13. Additional funds authorized City Manager Cole announced that an additional $47,000 under State Block Grant grant has been authorized under the State Block Grant for park purposes which the City would have to match up to $15,000. The application must be filed by July 1, 1978, and Mr. Cole suggested that this matter be considered at the meeting on June 15. Motion to consider grant It was moved by Mayor Hyde, seconded by Councilman Cox application on June 18 and unanimously carried that the Council consider this item, if time permits, at the meeting on Thursday. Request for Executive City Manager Cole asked that an Executive Session be held Session at the conclusion of the agenda to discuss salary negotia- tions. Motion for Executive It was moved by Councilman Scott, seconded by Mayor Hyde Session and unanimously carried that an Executive Session be held, as requested. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 26. REPORT ON CVT SCHEDULE Staff is in the process of negotiating the Chula Vista CHANGES FOR FY 1978-79 Transit contract for FY 1978-79 services and a revised schedule; if approved by the Council, it will be incor- porated in the contract negotiations. A detailed summary of the recommended changes in the schedule was submitted to the Council - copy of which is on file in the City Clerk's office. Public input used in Transit Coordinator Bloom, referring to a transparency, consideration of schedule described the proposed changes, and said that public feed- changes back is solicited and surveys taken before changes are considered. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the report be accepted. 27. REPORT - APPROVAL FOR The Director of Parks & Recreation submitted a written OLD CHAMBER OF COMMERCE report requesting approval to move the old Chamber of BUILDING TO BE USED AS Commerce building to the Library grounds near the corner ~ SENIOR SERVICE CENTER of Garrett Avenue and Davidson Street for a Senior Service LOCATED ON LIBRARY Center. GROUNDS Building mov~ opposed The Library Board of Trustees opposed the proposed move. by Library Board of Trustees Motion to deny staff It was moved by Councilman Scott, seconded by Councilman request Cox and unanimously carried that the staff request be denied. Council discussion Council discussion followed regarding an appropriate loca- tion for the Chamber building. Director of Parks & Recrea- tion Hail said the building can be used at Rohr Park for a maintenance type building, or used to display the "live steamers", or used by the Coif Course for storage. Motion to place building It was moved by Mayor Hyde, seconded by Councilman Cox at Rohr Park and unanimously carried that the Council approve the use of the building at Rohr Park. City Council Meeting -16- June 13, 1978 MAYOR'S REPORT Error in appointment of Mayor Hyde announced that two members had been appointed two Safety Commissioners to the Safety Commission where there was only one vacancy. He said there are two vacancies on the Envirenmental Control Commission and he has contacted Mr. John Macevicz, who is willing to serve on the ECC. Motion to rescind appoint- It was moved by Mayor Hyde, seconded by Councilman Scott ment of one Safety Commis- and unanimously carried that the Council rescind the sion member appointment of John Macevicz to the Safety Commission in order to appoint him to a different commission. Mayor Hyde requested Council ratification of the appoint- ment of Mr. John Macevicz to the Environmental Control Commission. Motion to appoint John It was moved by Councilman Cox, seconded by Councilman Macevicz to the ECC Egdahl and unanimously carried that the appointment be ratified. Mayor Hyde said he would like to appoint Dr. Stephen Taylor to fill the second vacancy on the ECC. Motion to appoint Dr. Taylor It was moved by Councilman Egdahl, seconded by Councilman to ECC Cox and unanimously carried that Dr. Taylor's appointment to the ECC be ratified. Meeting with Bob Dailey, Mayor Hyde reported on the meeting he, Mr. Robens and San Diego Transit Board Mr. Bloom had with Bob Dailey, the representative of Representative National City and Chula Vista on the San Diego Transit Board. He said that Mr. Dailey was very cooperative and encouraged having Mayor Hyde appear before the San Diego Transit Board at the next meeting on ,June 22 at 2:00 p.m. to voice the concerns of the City. Mayor Hyde said he will attend this meeting. League Dinner on June 15 Mayor Hyde gave a reminder regarding the California League of City dinner on Thursday, June 15 with San Diego as host. YMCA sponsoring next Mayor Hyde announced that the Mayor/Supervisor Breakfast Mayor/Supervisor breakfast will be hosted by the YMCA on Monday, June 19. Candidates statements to be City Clerk Jennie Fulasz advised the Mayor and Council paid by City that as the result of a recent Court decision (April 1978) the City must now pay for the costs of candidates state- ments. Parking District Policy Mayor Hyde referred to a memorandum from the Director of Community Development concerning a Parking District Policy. Motion to set Council It was moved by Mayor Hyde that the matter of a review of Conference to consider Policy the current parking policy be set for second Council Con- ference in July (July 27). Councilman Scott unable to Councilman Scott said he will be on vacation on July 27, attend meeting on July 27 but is most interested in this matter. No second to motion The motion died for lack of a second. City Manager to request Mayor Hyde asked that the City Manager review the calendar appropriate date and suggest a date in the near future for a Council Con- ference on the parking district policy. City Council Meeting -17- June 13, 1978 Memo to Safety Commission Mayor Hyde questioned the appropriateness of a memorandum forwarded by the City Attorney to the Safety Commission in response from one of the members. Response clarified City Attorney Lindberg clarified that the memo was forwarded because it was indicated that the Commission as a whole was concerned over the matter of traffic signal locations, Request for Special Redevelop- Mayor Hyde said the Community Development Director has a ment Agency meeting matter to bring before the Agency concerning the develop- ment of a parcel of property in the redevelopment zone. He has requested that a Special Redevelopment Agency meeting be held following the regular Council meeting on June 20. Motion to hold meeting It was moved by Mayor Hyde, seconded by Councilman Scott as requested and unanimously carried that a Special Redevelopment Agency meeting be scheduled for June 20 (£ollowlng the regular Council meeting). COUNCIL COMMENTS Report on Legislative Bill - Councilman Cox reported that the Legislative Committee Assemblyman Kapiloff considered the San Diego Regional Planning and Transporta- tion Commission bill sponsored by Assemblyman Kapilof£. The Committee determined the bill needs further considera- tion and local input and the Committee did not have a recommendation at this point. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the report be accepted. City Manager requested to Mayor Hyde asked that the City Manager contact Assemblyman contact legislative Kapiloff's assistant and advise him of the Council's reaction. Report on HR 10688 Councilman Cox referred to House Resolution 10688 (ionized chamber smoke detectors) stating that the Chula Vista Board of Appeals has requested that the Council oppose this bill which would ban the use of ionized chamber smoke detectors due to alleged radiation exposure hazard. Motion to oppose HR 10688 It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that the Council take a position in opposition to the bill and communicate this position to Congressman Van Deerlin. Request to be excused Councilman Cox asked that he be excused from the Council from meeting meeting of June 27. He said thi~ is a conditional request pending the adoption of the budget. Motion to approve request It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously carried that Councilman Cox's request be approved. Report on Cable TV rates Councilman Egdahl announced that discussion of the Cable scheduled TV rates is being scheduled for Jul7 6. Councilman Egdahl noted that at this time there is no one serving as Mayor Pro Tempore with the departure of Council- man Hobel. Councilman Cox elected It was moved by Councilman Scott and seconded by Mayor Mayor Pro Tempore Hyde that Councilman Cox be elected Mayor Pro Tempore. The motion carried with Councilman Cox abstaining. City Council Meeting -18- June 13, 1978 Letter of resignation from Councilman Gillow submitted his letter of resignation ECC/HSB from the Environmental Control Commission/Historical Site Board, effective immediately. Motion to accept resignation It was moved by Councilman Scott and seconded by Council- man Cox that the resignation be accepted with a letter of appreciation, Motion carried The motion carried with Councilman Gillow abstaining. Councilman Scott expressed his strong disagreement with the statements in a letter received from LAFCO regarding the Bonita Bluffs Annexation. He commented on several areas of error and misinformation and requested that the Council strongly protest this report. Motion to send letter It was moved by Councilman Scott, seconded by Councilman of protest to LAFCO Cox and unanimously carried that a strong letter be sent by the City to LAFCO making those objections. MTDB to make presentation Mayor Hyde announced that the MTDB will be making a pre- on June 15 in Chula Vista sentation in the Council Chambers on June 15 at 7:00 p.m. regarding the guideway transit. 28. SETTING DATE TO DISCUSS Mayor Hyde noted that the Aztec Bus Lines contract will be 15TH AMENDMENT TO AZTEC discussed on June 15. BUS LINES CONTRACT AND CONSIDER POSSIBLE POLICY It was moved by Mayor Hyde, seconded by Councilman Cox REGARDING CONVERSION OF and unanimously carried that the matter of apartment con- APARTMENTS TO CONDOMINIUMS versions be tentatively scheduled for the first Council Conference meeting in August 1978. RECESS TO EXECUTIVE SESSION The Council recessed to Executive Session at 11:38 p.m. with the City Clerk excused. City Manager Cole was appointed Deputy City Clerk and he reported that the meeting reconvened at 12:07 a.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 12:08 a.m. to the Council Conference scheduled for 4:00 p.m., Thursday, June 15, 1978 in the Council Conference Room, City Hall.