HomeMy WebLinkAboutcc min 1978/06/29 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Thursday - 4:00 p.m. June 29, 1978
An adjourned regular meeting of the City Council of the City of Chula Vista, California was
held on the above date beginning at 4:00 p.m. in the Council Conference Room, City Hall,
276 Fourth Avenue.
ROLL CALL
Councilmen Mayor Hyde, Councilmen Cox, Egdahl, Gillow, Scott
present:
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg, Department Heads
PORT DISTRICT ACTION Mayor Hyde said he received a telephone call from the City's
REGARDING KAPILOFF BILL representative on the Port District, Mr. C. R, Campbell, in
AB 3698 which Mr. Campbell informed the Mayor that the Port District
is going on record as opposing the Kapiloff Bill (dissolution
of the Port District into a regional agency). Mayor Hyde
told Mr. Campbell that the Council would have no objection to
this action as long as Mr. Campbell is speaking as a Port
Commissioner and not as a representative of Chula Vista.
ASSEMBLYMAN McCARTHY'S Mayor Hyde referred to a letter received from Assemblyman
REQUEST FOR SUPPORT OF McCarthy in which he is asking the cities to contact their
CETA EMPLOYMENT legislatures asking that CETA employment be preserved and not
be abolished under the passage of the Proposition 13 Initia-
tive.
Motion for support It was moved by Mayor Hyde, seconded by Councilman Cox that
action be taken to communicate with the City's congressional
representatives regarding the Council's concern over the
potential loss of the 76,000 CETA positions in California
and ask them to assist in alleviating that problem.
Discussion of motion Councilman Egdahl said he could not support the State asking
for special consideration which would not be given in other
parts of the country.
Motion carried The motion carried by the following vote, to-wit:
AYES: Mayor Hyde, Councilmen Cox, Gillow
Noes: Councilmen Egdahl, Scott
Absent: None
STATEMENT OF THE MAYOR Mayor Hyde read a statement in which he explained the
necessity of considering the ordinances on the agenda which
raise the existing tax rates for utilities, residential con-
struction tax and transient occupancy tax. In addition, the
Council will be considering increases in fees for the various
departments of the City.
1. UTILITY USERS TAX City Manager Lane Cole explained the three ordinances pre-
pared for Council consideration: (la) Establishing a maximum
tax rate of S% effective July 1, 1979; (lb) Establishing a
maximum tax rate of 6% effective July 1, 1978; (lc) Establish-
ing 25% increase in factors: S% on telephone effective
July 1, 1978 and 6% on gas and electricity effective July 1,
1979.
Recommendation of the Mr. Cole referred to Bill 154 which implements Proposition
City Manager 13 noting the conditions imposed for allocation of the State
surplus money. He stated it would be his recommendation
that the Cotulcil adopt the 6% rate on the utility users' tax
effective July 1, 1978.
Adjourned Regular Meeting -2- June 29, 1978
Director of Finance - Director of Finance Grant reported on the amount of additional
Report monies which would be realized from each of the proposed
ordinances.
Mayor Hyde said he could support (lc) the ordinance with a
modification as he felt it was reasonable for the City to
restore the yield potential back to what it was previously
(before it was cut down to 4-1/2%) and the 25% increase in
factors essentially does that. Mayor Hyde added that the
delay in the option to increase the tax to 6% in July 1979
was a feasible one if it was based on energy units rather
than the gross bill - also that a semi-annuM budget review
be put in as a provision.
Motion to amend ordinance It was moved by Mayor Hyde and seconded by Councilman Cox
that Ordinance lc be adopted modifying the wording so that
the opportunity to raise the tax to 6% on July 1, 1979 would
be based upon energy factors. Also incorporated in the motion
is a public hearing process to be conducted semi-annually in
each November.
Clarification of motion Mayor Hyde clarified the motion to explain that the City is
now collecting $21.50 per year (average) from the utility
users' tax and this motion would mean another $5.25 onto
that bill. It would raise the homeowner's utility users tax
an average of around $27.00 a year - or about $2.00 a month.
In the subsequent year, if it was increased another 1%
(amounting to a 20% increase), the average homeowner's utility
users' bill would be $32.00 for the whole year.
Motion carried The motion carried by the following vote, to-wit:
AYES: Mayor Hyde, Councilmen Cox, Gillow
Noes: Councilmen Egdahl, Scott
Absent: None
lc. ORDINANCE NO. 1803 - It was moved by Mayor Hyde, that the ordinance, as modified,
AMENDING SECTIONS 5.44.010, be placed on its first reading and adopted and that the read-
5.44.030, 3.44.040, 3.44.050, ing of the text be waived by unanimous consent.
3.44.140, 5.44.150, 5.44.160,
AND REPEALING SECTION 3.44.022 The motion carried by the following vote, to-wit:
OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE UTILITY AYES: Mayor Hyde, Councilmen Cox, Gillow
USERS' TAX - FIRST READING Noes: Councilmen Egdahl, Scott
AND ADOPTION Absent: None
2. ORDINANCE 1804 - In answer to Councilman Scott's query, City Attorney Lindberg
AMENDING SECTIONS 5.40.020, stated that residential vehicle campsites are now included in
3.40.030, 3.40.040, 3.40.050 this ordinance.
AND 3.40.060 OF THE CHULA
VISTA MUNICIPAL CODE RELATING It was moved by Councilman Egdahl, that the ordinance be
· TO IMPOSING A TAX UPON THE placed on its first reading and adopted and that the reading
PRIVILEGE OF TRANSIENT of the text be waived by unanimous consent.
OCCUPANCY AND PROVIDING FOR
THE COLLECTION THEREOF - The motion carried by the following vote, to-wit:
FIRST READING AND ADOPTION
AYES: Councilmen Egdahl, Hyde, Gillow, Scott, Cox
Noes: None
Absent: None
Adjourned Regular Meeting -3- June 29, 1978
3. ORDINANCE NO. 1805 - City Attorney Lindberg explained the provisions of this
AMENDING CHAPTER 3.32 OF THE ordinance and the schedule of the proposed taxes.
CHULA VISTA MUNICIPAL CODE
REVISING THE RESIDENTIAL CON-
STRUCTION TAX - FIRST READING
AND ADOPTION
Robert C. Cozens Mr. Cozens said he was representing the Associated General
Legislative Director Contractors of America, San Diego Building Contractors
Construction Industry Association and the Engineering and General Contractors
Federation - 438 Camino Association. He referred to his correspondence with the
del Rio South, Suite 206 City Manager concerning the proposed increases adding that
San Diego, California they have not had time to analyze the ordinance. Currently,
92108 they are conducting a survey of other cities and their
residential tax structures - this survey will be complete in
another ten days. Mr. Cozens asked for a sixty-day delay on
Council action of adopting this ordinance and that a com-
mittee be established to review the increases with staff and
make its recommendations to the Council. Me added that the
building industry supports full recovery of city costs, but
does have a question on the amount of overhead being charged
(100%).
Ordinance placed on first It was moved by Councilman Scott, that the ordinance be
reading and adopted placed on its first reading and adopted and that the reading
of the text be waived by unanimous consent.
The motion carried by the follow±ns vote~ to-wit:
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
4. ORDINANCE NO. 1806 It was moved by Councilman Cox, that the ordinance be placed
AMENDING SECTIONS 17.10.010, on its first reading and adopted and that the reading of the
17.10.030 AND 17.10.040, RE- text be waived by unanimous consent.
PEALING SECTION 17.010.050
OF THE CHULA VISTA MUNICIPAL The motion carried by the following vote, to-wit:
CODE RELATING TO DEDICATION
OF PARK LANDS AND PUBLIC AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott
FACILITIES - FIRST READING Noes: None
AND ADOPTION Absent: None
ORDINANCES S THROUGH 16 City Attorney Lindberg explained that the ordinances have
been modified ,a housekeeping measure for all of the
ordinances - the resolution establishes the Master Fee
Schedule.
5. ORDINANCE NO. 1807 It was moved by Councilman Scott, that the ordinance be
AMENDING CHAPTER 2.58 OF THE placed on its first reading and adopted and that the reading
CHULA VISTA MUNICIPAL CODE of the text be waived by unanimous consent.
ALL RELATING TO DOCUMENT
FEES The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
6. ORDINANCE NO. 1808 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTION 3.20.030, placed on its first reading and adopted and that the reading
SUBSECTION C, OF CHAPTER 3.20 of the text be waived by unanimous consent.
OF THE CMULA VISTA MUNICIPAL
CODE RELATING TO CH~JRGES FOR The motion carried by the following vote, to-wit:
INVESTIGATION OF REQUESTS FOR
SEWER SERVICE CHARGE VARIANCES AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
~bsent: None
Adjourned Regular Meeting -4- June 29~ 1978
7. ORDINANCE NO. 1809 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTIONS 15.16.020, placed on its first reading and adopted and that the reading
15.16.170A, 13.20.090, 15.20.100 of the text be waived by unanimous consent.
13.20.110, 15.20.120, 13.20.130
AND 13.56.050 OF TITLE 15 OF THE The motion carried by the following vote, to-wit:
CHULA VISTA MUNICIPAL CODE, AND
REPEALING SECTIONS 13.56.060, AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
13.56.070 AND 13.56.080 THEREOF Noes: None
ALL RELATING TO FEES FOR SEWER Absent: None
CONSTRUCTION AND WATERCOURSE
PERMITS
8. ORDINANCE NO. 1810 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTION 10.60.020 OF placed on its first reading and adopted and that the reading
CHAPTER 10.60 OF THE CHULA VISTA of the text be waived by unanimous consent.
MUNICIPAL CODE RELATING TO PER-
MIT FEES FOR CURB LOADING ZONES The motion carried by the following vote~ to-wit:
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
9. ORDINANCE NO. 1811 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTIONS 12.08.100 A, placed on its first reading and adopted and that the reading
12.12.100, 12.20.240 C AND D, of the text be waived by unanimous consent.
12.24.060 B, 12.24.070 C,
12.28.060 C, 12.40.020 AND The motion carried by the following vote, to-wit:
12.44.020 OF THE CHULA VISTA
MUNICIPAL CODE, ALL RELATING AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
TO THE ENCROACHMENTS IN AND Noes: None
CONSTRUCTION OF IMPROVEMENTS AND Absent: None
THE ERECTION OF SIGNS IN THE
STREETS AND HIGHWAYS OF THE CITY
OF CHULA VISTA
10. ORDINANCE NO. 1812. It was moved by Councilman Scott, that the ordinance be
AMENDING SECTIONS 18.24.0S0, placed on its first reading and adopted and that the reading
18.28.020, 18.28.030, 18.28.040, of the text be waived by unanimous consent.
18.28.0S0, 18.28.060, 18.28.080
AND 18.28.090 OF TITLE 18 OF The motion carried by the following vote, to-wit:
THE CHELA VISTA MUNICIPAL CODE
ALL RELATING TO FEES FOR THE AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
PROCESSING OF SUBDIVISION AND Noes: None
PARCEL MAPS Absent: None
11. ORDINANCE NO. 1813 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTIONS 19.12.050, placed on its first reading and adopted and that the reading
19.14.050 F, 19.14.070, of the text be waived by unanimous consent.
19.14.070, 19.14.160, 19.14.440
AND ADDING THERETO A NEW ~ The motion carried by the following vote, to-wit:
SECTION 19.14.S80, AND REPEAL-
· lNG SECTION 19.14.560 OF THE AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
CHULA VISTA MUNICIPAL CODE, Noes: None
ALL RELATING TO THE ESTABLISH- Absent: None
MENT OF FEES FOR PLANNING AND
ZONING ACTIONS BY THE PLANNING
COMMISSION AND CITY COUNCIL
Adjourned Regular Meeting -5- June 29, 1978
12. ORDINANCE NO. 1814 It was moved by Councilman Scott, that the ordinance be
AMENDING SUBSECTION A OF SECTION placed on its first reading and adopted and that the reading
6.12.040 OF CHAPTER 6.12 OF THE of the text be waived by unanimous consent.
CHULA VISTA MUNICIPAL CODE, ALL
RELATING TO IMPOUNDMENT FEES AN The motion carried by the following vote, to-wit:
AND CHARGES
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
13. ORDINANCE NO. 1815 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTION 3.20.020 OF placed on its first reading and adopted and that the reading
THE CHULA VISTA MUNICIPAL CODE of the text be waived by unanimous consent.
PROVIDING FOR THE CREATION OF
A MASTER FEE SCHEDULE FOR THE The motion carried by the following vote, to-wit:
CITY OF CHULA VISTA ESTABLISH-
ING THE BASIC SEWER SERVICE AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
CHARGE Noes: None
Absent: None
14. ORDINANCE NO. 1816 It was moved by Councilman Scott, that the ordinance be
AMENDING CHAPTER 2.70 OF THE placed on its first reading and adopted and that the reading
CHULA VISTA MUNICIPAL CODE BY of the text be waived by unanimous consent.
ADDING THERETO A NEW SECTION
2.70.030 The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
15. ORDINANCE NO. 1817 It was moved by Councilman Scott, that the ordinance be
AMENDING SECTION 15.20.040 OF placed on its first reading and adopted and that the reading
CHAPTER 15.20 OF THE CHULA of the text be waived by unanimous consent.
VISTA MUNICIPAL CODE RELATING
TO THE ADOPTION OF THE UNIFORM The motion carried by the following vote, to-wit:
HOUSING CODE~ 1976 EDITION AND
THE MASTER FEE SCHEDULE OF TH~ AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
CITY OF CHULA VISTA FOR HOUS- Noes: None
ING PERMITS Absent: None
16. ORDINANCE NO. 1818 It was moved by Councilman Scott, that the ordinance be
AMENDING TITLE 3 OF THE CHULA placed on its first reading and adopted and that the reading
VISTA MUNICIPAL CODE BY of the text be waived by unanimous consent.
ADDING THERETO A NEW CHAPTER
3.45, ENTITLED "MASTER FEE The motion carried by the following vote, to-wit:
SCHEDULE"
AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
Noes: None
Absent: None
17. RESOLUTION NO. 9162 In reviewing the resolution, the Council questioned the
ESTABLISHING A MASTER FEE department heads on various aspects of the fee increases.
SCHEDULE DETERMINING ADMINISTRA-
TIVE COSTS FOR THE REPRODUCTION It was moved by Councilman Scott, seconded by Councilman Cox
OF DOCUMENTS, REQUESTS FOR and unanimously carried that 2' "blue-ribbon" connnittee (as
SEWER SERVICE CHARGE VARIANCES, suggested by Mr. Cozens) - an ad-hoc committee be appointed
CURB LOADING FEES, ENCROACH- by the Mayor~ to go through these ordinances to see if there
MENTS IN AND CONSTRUCTION OF are any inequities,
IMPROVEMENTS AND ERECTION OF
SIGNS IN THE STREETS ~ .HIGHWAYS'. ' Offered by Councilman Scott, the reading of the text was
OF THE CITY OF CHULA VISTA,S~W~R: waived by unanimous consent, passed and adopted by the fol-
CONSTRUCTION AND WATERCOURSE PER- lowing vote, to-wit:
MITS PROCESSING OF SUBDIVISION &
PARCEL MAPS,PLANNING AND ZONING AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow
ACTIONS BY THE PLANNING CO'MIS- 'Noes: None
SION,CITY COUNCIL,IMPOUND FEES Absent: None
CHARGES FOR THE CHULA VISTA DOG
POUND AND LIBRARY FINES & FEES
Adjourned Regular Meeting -6- June 29, 1978
18. CITY MANAGER'S REPORT City Manager Cole said he received a call from Carol Bentley
from Assemblyman Jim Ellis' staff asking what position the
AB-3698 cities in the County are taking on Assemblyman Kapiloff's
Kapiloff Bill Bill. Mr. Cole added that he called Assemblyman Kapiloff's
office and was informed that the following amendments were
made to the Bill:
(1) The $2 million loan was pulled out of the measure
which reduced the per capita assessment to the cities to
12-1/2¢ per person (it was 25~);
(2) Left local control (generally planning) requiring them
only to conform to the general plan;
($) Several elements to the regional plan were deleted -
coastal, seismic, safety, noise, safety and open space;
(4) The Bill would definitely not abolish the Port District
and would not ~ffect their tax base - it would replace the
appointed board members with the regional commission.
Councilman Scott commented that it sounds like the cities
are losing control over the Port Commission - right now,
this City has the input of one commissioner and with this
Bill, with the weighted vote, it will be "way down the line".
Motion to oppose It was moved by Councilman Scott that the Council oppose the
Kapiloff Bill.
No second to motion The motion died for lack of a second.
Motion for support of It was moved by Mayor Hyde~ seconded by Councilman Scott and
study period unanimously carried that the City Council take the position
that it would like to see the Kapiloff and Mills' Bills put
into a study period for the balance of this legislative year
to allow for further analysis and dissemination of informa-
tion to communities and to provide cities an opportunity to
provide input to the final Bill.
Motion to oppose It was moved by Councilman Egdahl~ seconded by Councilman
portion of Bill Scott and unanimously carried that the Council oppose that
part of the Kapiloff Bill which puts the Port Authority
under the commission - that portion be removed from the Bill.
Executive Session It was moved by Councilman Cox, seconded by Mayor Hyde and
unanimously carried that an Executive Session be called
relative to negotiations.
Recess to Redevelopment The Council recessed to the Redevelopment Agency meeting at
Agency Meeting 5;55 p.m. and reconvened at 5:58 p.m,
Recess to Executive At 5:58 p.m. the Council recessed to Executive Session. The
Session City Clerk was excused, City Manager Cole was appointed
Deputy City Clerk and reported that the meeting adjourned at
6:20 p.m. to the regular scheduled meeting of July 5, 1978,
M..ulasz, CMC
~ty Clerk