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HomeMy WebLinkAboutcc min 1977/11/10 AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Thursday - 4:00 p.m. November 10, 1977 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 present: Mayor Hyde, Councilmen Hobel, Cox, Scott, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens 1. DISCUSSION WITH REPRESEN- Mayor Hyde introduced the following Chula Vista School TATIVES OF THE SWEETWATER District representatives: Dr. Leonard Servetter, Superin- UNION HIGH SCHOOL DISTRICT tendent, John Linn, Business Manager, Joseph Cummings AND THE CHULA VISTA CITY and Peter Watry, Board of Education; from the Sweetwater SCHOOL DISTRICT TO DISCUSS Union High School District; Dr. Earl Denton, Superinten- THE CITY/SCHOOL POLICY dent, J.W. Tucker, Business Manager and Phillip Jolliff, RELATING TO "AVAILABILITY Director of Facilities and Budgets. LETTERS" AND THE ISSUE OF SCHOOL FEES RELATIVE TO NEW CONSTRUCTION IN THE CITY Senate Bill 201 City Attorney Lindberg referred to his written memo to Council explaining that the State Law (effective January 1, 1978) has now been changed to authorize and require that adequate schools be provided on an interim basis whenever new developments place an overload on existing school facilities. Mr. Lindberg stated that it is now incumbent upon the staffs of the school districts and the City to work together for an ordinance which will provide the appropriate pro- cedures so that as new developments are approved, it will be understood how the City will receive from the school districts clear evidence of the overcrowding of existing school facilities and how that can be remedied either through dedication of land from the developer, in-lieu payment, or whatever arrangements can be made to assure adequate school facilities for those students coming into the community as a result of the new developments. He added that it was not possible to continue the existing policies - what the State has done is what the City Council has desired should have been done over the past years. It is a complex situation - the school districts will have to prove their case for need in every instance - show the City Council that there is an overcrowding of the schools and this will have to be done on a case to case basis. Racial balancing Councilman Cox discussed other legislation whereby the schools must now have an ethnic balance; magnet schools are being proposed with volunteer busihg. City Attorney Lindberg explained that the State's legis- lation is to impose a regulation on those developers to provide interim schooling for their particular develop- ment, not on a district-wide basis and not concerned with ethnic balances. Adjourned Regular Meeting -2- November 10, 1977 Peter Watry Mr. Watry said that he was concerned about this situation also. If, through ethnic balances, the district is getting away from neighborhood schools, how does the law apply to developments occuring in one area and having the children transported to another school ten miles away. John Linn Mr. Linn commented that this is one question that has to be resolved - it could be a determination of the complete district in an attendance area versus the older concept of the individual school. Dr. Leonard Servetter Dr. Servetter remarked that the districts should work together with the City on this issue. He indicated that the Chula Vista Elementary School District is quite concerned because "they are just about out of classrooms now." Dr. Earl Denton Dr. Denton noted some ambiguities in the legislation that must be resolved, particularly in the areas defining "overcrowding." Motion to meet with It was moved by ~ayor Hyde and seconded by Councilman school districts Scott that the City staff, City Attorney and/or City Manager, make contact with the school districts' staffs and arrange for necessary review of City ordinances and policies relating to school fees' program that the City has with the school districts. Discussion of motion Mayor Hyde volunteered to represent the Council at these meetings. Carmen Pasquale Mr. Pasquale said he would like to see input from devel- Otay Land Company opers noting the problems they have in this area. Councilman Scott felt that a developer should not be on the committee; however, he does expect contributions from them. Mayor Hyde indicated that the developers would be invited to attend the meetings. Philip Joliff Mr. Joliff stated that at a meeting held in his district this morning, it was suggested that several agencies get together, and questioned whether this would be feasible - invite National City and other entities to the meetings. City Attorney Lindberg declared that this might not be necessary as there will be a model ordinance which will be implemented and adopted by the other cities. Motion carried The motion to meet with school districts carried unanimously. Dr. Servetter Dr. Servetter suggested the Council and school district representatives meet at least twice a year to discuss areas of mutual concern. Motion for joint meeting It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the City initiate the first meeting, at the convenience of the school boards, as ~oon as possible and talk about areas of mutual concern. Adjourned Regular Meeting -3- November 10, 1977 2. INSTALLATION OF PUBLIC Director of Public Works Robens submitted plats of the IMPROVEMENTS ALONG area in question stating that engineering staff met with TELEGRAPH CAYON ROAD Mr. Tucker of the Sweetwater Union High School District and made a field trip to view the improvements needed in the area (along Telegraph Canyon Road, east of Hilltop Drive due to recent developments). He noted the existing improvements and the boundaries of the school district. In May, the City sent a letter to the school district advising them of their requirement of paving to the center line along with sidewalk, curb and gutter and bicycle path. The estimate was nearly $70,000 - it could be higher at this time. The staff's proposal was for the school district's share to be ap- proximately $40,000 and the City's share would be $28,00~ (put in the bike path, do all the earth work necessary to install the bike path which entails the embankment removal and relocating the fence along the top of the grade, as necessary.) In July, the District responded to the letter stating they had other priorities but would be willing to discuss the matter in the future. Dr. Earl Denton Dr, Denton explained that they regard this as an offsite Superintendent development because it doesn't serve traffic to the Sweetwater Union school (Hilltop Junior High). The students use a path High School District that cuts across the area, up the hill, and to the back of the school property. The district is concerned about the amount of its interest in these improvements. Dr. Denton added that if the City goes with the 1911 Act, the school can levy a tax to cover the costs of the im- provements - it would not be a cost against their general fund; otherwise, the funds needed for the improvements would be competitive with other school programs. Discussion Discussion followed regarding the travelway used by the students, new developments in the area, 1911 Act versus negotiated costs; terms and conditions of the 1911 Act; share of costs between the City and school district. Ken Green, developer Mr. Green said that while building in this area, he has in the area observed the children using the bike paths and sidewalks - where it ends abruptly, the children cross the street to use the sidewalk. Leonard Moore Mr. Moore remarked that his daughter, while riding her bicycle in this area, took an illegal left turn and hit a car. The situation is such that the students riding bikes, come down Hilltop Drive, cross Telegraph Canyon Road, ride bikes with the traffic, cross Telegraph Canyon Road to get on the bicycle path and then later on, cross it again to go up Melrose Avenue. Motion for 50/50 share It was moved by ~4ayor Hyde and seconded by Councilman Hobel that the Council consider a proposal to the Sweet- water Union High School District Board to consider this whole project and to share on a 50/50 basis. Discussion of motion In answer to the Council's query, Dr. Denton stated it would be his point of view to go with the 1911 Act since it would not be "competitive money". Further discussion ensued regarding the time element involved in the 1911 Act, and the time element for an agreed-upon share of the costs. Adjourned Regular Meeting -4- November 10, 1977 Carmen Pasquale Mr. Pasquale suggested a ramp be installed at the area Otay Land Company where the sidewalk and bike path end and run this up to the gate where the children take the short-cut to the school. Amendment to motion It was moved by Mayor Hyde and seconded by Councilman Hobel that the motion be amended to state that the City offers the District the proposal to go ahead right now on a 50/50 basis or the City would agree to a negotiated, pro-rated share in the 1911 Act proceedings, or a third alternative that the school district may wish to propose. Discussion of amendment Councilman Egdahl spoke against the motion explaining that he is not against the 1911 Act portion of the motion but against the 50/50 portion. The time element involved for the improvements brings it to the end of the school year - it will only benefit summer school to some degree. Amendment to The amendment carried by the following vote, to-wit: motion carried AYES: Mayor Hyde, Councilmen Hobel, Scott, Cox Noes: Councilman Egdahl Absent: None Main motion carried The motion for the 50/50 share basis carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Hobel, Scott, Cox Noes: Councilman Egdahl Absent: None 3. CITY MANAGER'S REPORT No report. 4. MAYOR'S REPORT No report. 5. COUNCIL COMMENTS No comments. ADJOURNMENT Mayor Hyde adjourned the meeting at S:00 p.m. to the meeting scheduled for Tuesday, November 15, 1977 at 7:00 p.m. in the Council Cha~nbers, City Hall.