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HomeMy WebLinkAboutcc min 1977/10/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 25, 1977 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 Councilmen absent: None Staff present: City Manager Cole, Assistant City Manager Asmus, Assistant City Attorney Harron, Director of Public Works Robens, Director of Planning Peterson, Director of Finance Grant, Assistant Director of Building and Housing Gingerich, Traffic Engineer Hansen 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 Scott and unanimously carried that the minutes of the meeting of October 18, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF Mayor Hyde introduced Mr. Snedecor, a member of the Board COUNCIL GUEST - of Directors of the Chamber of Commerce and its represen- WILLIAM E. SNEDECOR tative to the South Bay Economic Development Corporation. Mr. Snedecor is also President of the Broadway Association, a member of the City's Environmental Control Commission and is owner of Del Taco. b. PROCLAMATION - Mayor Hyde declared the month of October as "United Way/ UNITED WAY CHAD MONTH Chad Combined Campaign Month" presenting the Proclamation to Mr. Mike Ruiz, Chairm~nofthe drive in Chula Vista. RECOGNITION OF FOREIGN Certificates of recognition were presented to ten foreign STUDENTS RESIDING IN exchange students residing in Chula Vista and attending CHULA VISTA school in this City. Mayor Hyde presented each with a Certificate of Recognition. d. PRESENTATION OF 25- Mayor Hyde presented Mr. Longerbone, Assistant Fire YEAR SERVICE AWARD TO Chief and now serving as Acting Fire Chief during the CLYDE W. LONGERBONE absence o£ Chief Smithey, with a 2S-year service pin. ORAL COMMUNICATION Max Lercher Mr. Lercher stated he was one of two people allowed to 825 National Avenue operate a card room in the City. He said he looked all National City over for a proper location with adequate parking and is asking the Council to approve the location at the old Department of b{otor Vehicle building on "E" Street Exten- sion. The area is zoned C-O and he would like an emer- gency ordinance passed to allow a card room operation at this location. Referred to staff It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously carried that this matter be referred to staff and be brought back to the City Council as promptly as possible. City Council Meeting -2- October 25~ 1977 Debbie Leyva Mrs. Leyva said she is representing the citizens of 718 Woodlawn Avenue the Robert L. Mueller Community School District. She Chula Vista presented a petition with 421 signatures asking that a stop signal light be installed at the intersection of "J" Street and Oaklawn Avenue. She stated that the need for the signalization was evident for a long time but brought to focus on the recent death of a five-year old child at this intersection. Referred to staff and It was moved by Mayor Hyde, seconded by Councilman Cox Safety Commission and unanimously carried that this matter be referred to the Safety Commission and the staff for investigation and recommendation to the City Council as to appropriate action on the request. Motion for stop signs It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that (in the interim while waiting for the report which will take some time) that stop signs be installed on "J" Street at Oaklawn, and in addition to that, the staff and Safety Commission con- sider the installation of rumble buttons as a way of alerting the motorists not only at this location but in other locations - alerting them to dangerous intersections and intersections where children are crossing, or a stop sign that is approaching on that kind of intersection. Clarification of motion Councilman Egdahl stated the intent of the motion is to immediately install stop signs - four way - and the rumble bottons be referred to the Safety Commission and staff for future consideration. Director of Public Works Robens said he was not convinced that four-way stop signs at this location would decrease the number of accidents. In the past three years, there have been a total of five accidents at this intersection which is not a high rate for an intersection. Amendment to motion It was moved by Mayor Hyde that the motion be amended to direct the staff to come back with a report next week on Councilman Egdahl's motion. No second to motion The motion died for lack of second. Councilman Egdahl commented that a signal here is much more important than the two signals planned for "L" Street at First and Second Avenues. Speaking for the signals Speaking in support of the 4-way stop signs and signaliza- tion at this intersection were Bob Mullen, 715 Woodlawn, father of the boy who was killed at the intersection; Louis Gonzales, corner of Woodlawn and "J" Street; Dale Lusk, Community Assistant at Mueller School; Karen Steward, 753 Woodlawn; Bill Leford, 753 Oaklawn and Debbie Huber, 697 "J" Street. They discussed the posted speed limit and the high speeds traveled by the motorists; Mueller is a community schools and operating after school hours; "J" Street is a major throughfare and heavily traveled; many parents won't let their children go back to the school after school hours because of the dangerous traffic condition; object to the manner in which the traffic counts are made by the engineers; can't get in or out of their driveways onto this busy street at peak hours; deaths at intersections should not be a criteria for a traffic signal. City Council Meeting -3- October 25, 1977 Scott Stewart Mro Stewart said his property falls into the proposed 635 Telegraph Canyon Road realignment. He has no objection to the eminent domain Chula Vista proceedings; but does object to the appraisal on his property - the amount is not satisfactory. Mr. Stewart said he met with Sam Blick who is representing both the City and the developer~ Gersten. At this meeting, only Mr. Blick and Mr. Pasquale (Otay Land Company) were there and he was told that no one from the City wanted to attend the meeting. Mr. Stewart said someone from the City should hear his reasoning before he is forced to go to court. He is also obtaining a second appraisal on the property. Assistant City Attorney Harron explained that Mr. Blick was deputized by the City to bring the action for the City, in the City's name but on behalf of Mr. Gersten. Motion for meeting It was moved by Councilman Cox and seconded by Mayor Hyde that the staff be directed to meet with Mr. Stewart and the Otay Land Company to see if they can't work out a solution to their problem - with staff participation. Discussion of motion Assistant City Attorney Harron questioned the propriety of the meeting indicating that no member of the staff has the expertise to say what appraisal would be the "fair" one. Council discussion ensued regarding the matter of hiring an attorney who represents both the City and the developer in any matters; the powers of eminent domain; fair market values; and the fact that the appraiser must defend his stand in court, if necessary. Carmen Pasquale Mr. Pasquale explained that this is the first time his Otay Land Company firm has used the services of Mr. Comstock, the current appraiser. The appraiser submitted his amount and ~4r. Stewart rejected it. Mr. Blick had nothing to do with the appraisal - he was there to carry out the legal ramifications. Motion carried The motion for a second meeting carried unanimously. WRITTEN CO~4UNICATIONS There were no Written Conununications. 23. REPORT ON REQUEST FOR It was moved by Councilman Scott, seconded by Councilman SCHOOL SIGNS ON "E" Egdahl and unanimously carried that Item 23 be considered STREET AT FIRST AVENUE at this time. At the meeting of October 18, 1977 the Council received a petition for school signs on "E" Street near First Avenue (Rosebank School). A written report was submitted to the Council by the Director of Public Works in which he noted that one of the major concerns for safety at this intersection is for the school children. In order to provide additional margins of safety, he recommended that the installation of a "Signal Ahead" sign be installed on "E" Street in advance of First Avenue for westbound traffic. Mike Roark, Attorney Mr. Roark said he is speaking on behalf of the Parents 241 "H" Street Club of Rosebank School. This school is obstructed from Chula Vista view because of the homes which makes the motorists un- aware that there are children crossing at this intersection. They are asking that a "School Crossing" sign be in- stalled on "E" Street. City Council Meeting -4- October 25, 1977 Discussion followed regarding the signs currently in- stalled in this area; the advantages and disadvantages of a "signal ahead" sign; the need for better identifi- cation; protection of the school children crossing this intersection. Motion for two It was moved by Mayor Hyde, seconded by Councilman Scott school signs and unanimously carried that the staff be directed to install "school crossing ahead" signs at an appropriate location to the east of First Avenue on the north side of the street and one on the west of First Avenue on the south side of the street. PUBLIC HEARINGS P~ND RELATED RESOLUTIONS ~J~D ORDINP~CE 4. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF AMENDMENTS opened the public hearing, TO THE CHULA VISTA MUNICIPAL CODE CREATING A DESIGN Director of Planning Peterson referred to his written REVIEW CO~qlTTEE AND MAKING report in which he explained that on December 7, 1976 RELATED CHANGES he submitted an analysis on the R-3 Districts in the City which included the recommendation for the creation of a Design Review Committee. This five-man board would review site plans and architectural review for residential uses or structures in the R-3 zones and multiple family dwelling uses or structures governed by the~"Precise Modifying District. Along with this recommendation, Mr. Peterson submitted the Design Manual which he explained was part of the continuing program for the improvement of the order and amenity of the high density residential areas and is geared to provide the City's urban design efforts with improved direction, intensification and unification. On June 23, 1977 the Environmental Review Committee issued a Negative Declaration of significant impact upon the environment on the proposed design manual and amendments. On September 14, 1977 the Planning Commission recommended (by a 4-3 vote) that appropriate legislation be enacted for the creation of the Design Review Committee and that the proposed Design Manual be adopted. Council discussion Discussion followed regarding the text of the manual; the makeup of the Design Review Board; the power of this Board; the right of appeal to the Planning Com- mission and Council; terms of the members. Councilman Egdahl noted one of the guidelines in the Manual (page 5~g) which stated that the Design Review Board may require larger setbacks than specified in the Code in order to improve the design of a street- scape or site development. He indicated that he was reluctant to turn this power over to the Design Board since it was somethingthe Council were elected to do. Steve Owens, Architect Mr. Owens supported the ordinance and manual remarking 272 Church Avenue that he has always felt that in Chula Vista, the devel- Chula Vista opers have been in "double jeopardy" with the "P" Modifying District and precise plan. First, they must appear before the Planning Commission and then on to the Council who has the final say. The idea of the Design Review Board is long overdue. City Council Meeting -5- October 25, 1977 Gene York Mr. York said he was an R-3 developer in the City. 160 Brightwood He did not get much of a chance to review the manual Chula Vista and asked for a one-week continuance. He voiced certain questions pertaining to several guidelines in the Manual stating that he wished to discuss them with the Planning Director before Council approval. Carmen Pasquale Mr. Pasquale commented that there is a need for this Otay Land Company Design Committee. He agreed with Mr. York that the Committee should be formed on an interim basis first - to see if it will work. Mr. Peterson responded to the points raised by Mr. York and said he had no objection to forming the Board on an interim basis but felt it might be difficult to get the members to serve for a short period of time. He added that the minimum time should be one-year. Further discussion Further discussion followed in which Councilman Egdahl noted that the requirements call for a report to be submitted to the Council after a one-year period of time. Councilman Cox questioned the control of the Board over single-family constructions in the R-3 zones; the number of applications the Board would review in one year (ap- proximately 40 to 50) and expanding the duties in the Town Centre Committee to be the members of this Board. The Council also indicated that parts of the b4anual should be rewritten in "laymen's terms." Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to continue It was moved by Councilman Cox and seconded by Councilman Hobel that the entire matter be continued for two weeks. Motion failed The motion failed by the following vote,to-wit: Ayes: Councilmen Cox, Hobel NOES: Mayor Hyde, Councilmen Scott, Egdahl Absent: None 4a. ORDIN~dNCE NO. 1771 - It was moved by Councilman Egdahl that this ordinance REPEALING SECTION 19.28.150 be placed on its first reading and that the reading of OF THE CHULA VISTA MUNICIPAL the text be waived by unanimous consent. CODE AND ADDING THERETO NEW SECTIONS 19.28.180, The motion carried by the following vote, to-wit: 19,28.190, 19.56.048, 19.14.579 AND 19.14.580 AYES: Councilmen Egdahl, Hobel, Cox, Hyde, Scott ALL RELATING TO DESIGN Noes: None CONTROL IN THE R-3 ZONE Absent: None AND THE P MODIFYING DISTRICT AND ADDING SECTIONS 19.14.581 THROUGH 19.14.589 CREATING A DESIGN REVIEW COMMITTEE AND MAKING RELATED CHANGES - FIRST READING 4b. RESOLUTION - Offered by Councilman Egdahl, the reading of the text ADOPTING THE DESIGN MANUAL was waived by unanimous consent. OF THE CITY OF CHULA VISTA AND CERTIFYING THE NEGATIVE The motion failed by the following vote, to-wit: DECLARATION Ayes: Councilmen Egdahl, Hyde NOES: Councilmen Hobel, Cox, Scott Absent: None City Council Meeting -6- October 25, 1977 Motion to bring It was moved by Mayor Hyde and seconded by Councilman back resolution Egdahl that the resolution be brought back to the next Council meeting for consideration. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Egdahl, Cox, Scott Noes: Councilman Hobel Absent: None Motion for reporting periods It was moved by Councilman Hobel and seconded by Council- man Cox that staff be directed on this - that there be a six-month reporting period on this - and then the annual more comprehensive report - and that the com- missioners who are appointed to this be so instructed that they are serving for a one-year term, at this point in time. Council discussion Mayor Hyde noted that this motion would be an amendment to the ordinance just passed. Councilman Egdahl reiterated there will be an annual report - this provision is in the ordinance. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Scott Noes: Mayor Hyde, Councilman Egdahl Absent: None 5. PUBLIC HEARING - This being the time and place as advertised, Mayor ltyde CONSIDERATION OF INTENTION opened the public hearing. TO ADJUST CONSUMER RATES FOR MISSION CABLE TV A written report was submitted to the Council by Director SERVICES WITHIN THE of Finance, Gordon Grant, in which he explained that on CITY OF CHULA VISTA May 3, 1977 Mission Cable TV filed an application to increase their rates. Originally, they requested maximum rates of $9.52 and $10.52 for 12-channel and 20-channel service, respectively. Mr. Grant stated there are proposed increases for other categories of service, including installation and construc- tion, as well as creation of new charges for such items as account set-up, services transfer and delinquent account collection. Mission Cable has now altered their request and are asking for monthly service rates of $7.75 and $8.75 - the same as approved by the City of San Diego in September 1977 and have also made revisions in the remainder of the fee schedule. Mr. Grant recommended approval of the rate increases. Councilman Egdahl reported that he was a member of the Committee which studied the request for the rate increase. They had a great deal of information from the City of San Diego that did a similar study, and based on all input, the Committee recommended the rate increases. Council discussion Discussion followed regarding a fair rate of return; of X-Channel 100 difference in the rate structure for 12 and 20 channel service; and Channel 100 for which the City could only charge the license fee when it first came in. Mr. Grant explained that the staff is recommending, and the Cable Company agrees, that the $S00 business license fee be eliminated and that they pay a 3% franchise fee on Channel 100. This channel was just acquired on October 1, 1977 and it will be an update of the rate schedule. City Council Meeting -7- October 25, 1977 Capital Improvement Program Councilman Hobel said he wanted to see a capital improve- ment schedule within the franchise agreement "to know where they are heading" - where they are spending their capital improvement money. He mentioned the possibility of a studio in Chula Vista as improvements have been put in the new Library so they could use this facility. Bruce Ellis, General Manager Mr. Ellis explained that they have a budget for 1978, Mission Cable TV, Inc. and have developed a three-year plan for 1978-79-80, but there are not that many capital improvements for Chula Vista at this time. There are some areas in this City that are not built out and this is part of their three-year plan. He would have no objection to putting this schedule in the franchise agreement, but would prefer to delineate the three-year plan in a letter to the Mayor and Council. Councilman Hobel indicated it would be better to have this spelled out in the franchise agreement and to include any other community type services. Director of Finance Grant stated that this schedule could be made a part of the resolution. TV Dealer rates Mr. Ellis noted a change in the rate schedule for TV Dealers. Instead of basing the cost on the number of outlets for the televisions, they are proposing a flat rate of $10 a month. Schedule 1 of the Report Mayor Hyde noted that the resolution refers to Exhibit A as the rate schedule whereas it should be Schedule 1 of the staff report. Gene York Mr. York protested the proposed increase in the commercial 160 Brightwood rate - speaking in the category of 21 to 40 hookups. He Chula Vista has two complexes in the commercial rate - one has 23 units with a rate of $2.49 and the other has 34 units - rate of $2.15. Calculating the increases, it would be 104% higher or a total billing from $130.47 to $265.05 - a $130.00 increase per month. Mr. Ellis explained that this matter was a complex one - the company still has to design and plan service for apartment complexes. There is a saving in sending out one billing; however, at this time, Chula Vista has the lowest commercial rate. What is happening is that the residential subscribers are subsidizing the people who live in the apartments. That is the reason for the requested increase in commercial rate - to make them more uniform. RECESS A recess was called at 9:47 p.m. and the meeting reconvened at 10:00 p.m. Sa. RESOLUTION NO. 885S - Offered by Mayor Hyde as drafted by staff,clarifying that APPROVING RATE INCREASES Exhibit A represents the rate schedule as recommended FOR MISSION CABLE TV, INC. on Schedule i of Exhibit C which is a letter from Mr. Grant via Mr. Asmus to Mr. Cole dated August 10, 1977 - Report on Mission Cable TV rate increase. Motion for capital It was moved by Mayor Hyde, seconded by Councilman Scott improvement schedule and unanimously carried that the resolution be amended to include a requirement that an attachment showing capital improvement programs in the Chula Vista service area for the next three years be included as part of the rate agreement. City Council Meeting -8- October 25, 1977 Discussion of resolution Councilman Scott said he felt somewhat uncomfortable in having to accept what the City of San Diego does in these areas (cable TV, taxicabs, etc). He added that some of the statements in the report were not entirely accurate. The reading of the text was waived by unanimous consent and the Resolution was passed and adopted, as amended, by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: None X-Channel 100 In a query from Councilman Hobel, Director of Finance Grant said this would have to be a completely separate document - it would have to be an ordinance amending the franchise agreement. Motion for annual report It was moved by Mayor ltyde, seconded by Councilman Scott and unanimously carried that the staff obtain a status report from Mission Cable with regard to progress on their capital improvement program for the first of January - each year, starting in 1979. CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Council- (Items 6-10) man Cox and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 8856 - The boundary of the District is the same as the sub- ORDERING THE FORMATION division boundary for E1 Rancho del Rey, Unit No. 5 OF CHULA VISTA OPEN SPACE Subdivision. The areas to be maintained by the District DISTRICT NO. 9 (EL RANCHO are all of Lots A, B, C, D, G, H, and I. Estimated annual DEL REY, UNIT NO. 5 SUB- maintenance cost is $24,230 assessing each parcel $63.10 DIVISION) AND CONFIRMING annually. THE ASSESSMENT THEREOF 7. RESOLUTION NO. 8857 - The strip of property in question is located above a REMISING, RELEASING AND slope at the rear of the Goodsell lot at 381Camino QUITCLAIMING CERTAIN REAL Elevado. The original plan called for the slope to PROPERTY IN THE CITY TO begin at the end of the Goodsell lot but by some mistake, KENNETH R. AND CAROL B. the property was graded and extended some 13 feet further. GOODSELL In good faith, the Goodsells planned several improvements on the property which they believed was theirs. The staff believes that the property could be better main- tained by these property owners without undermining the intent and purpose of the open space maintenance district in any way. 8. RESOLUTION NO. 8858 - The contract was awarded on June 7, 1977 by Resolution APPROVING AN EXTENSION OF No. 8647 to Sapper Brothers, Inc. During the course of TIME TO THE CONTRACT FOR the construction, the contractor has been delayed by THE CONSTRUCTION OF THE the utility companies and by rain and is asking for a BOX CULVERT AT HILLTOP 12 days' time extension. The Engineering staff recom- DRIVE AND TELEGRAPH mended approval. CANYON ROAD 9. RESOLUTION NO. 8859 - On October 4, 1977 the City Council held a public hearing ORDERING THE VACATION OF on this proposed street vacation and directed that a MANKATO STREET BETWEEN resolution be brought back ordering the vacation. Ease- THIRD AVENUE AND GARRETT ments are being reserved for the existing utilities. AVENUE 10. RESOLUTION NO. 8860 - On July 9, 1975 Carl Berg was granted a conditional use ACCEPTING, DEDICATING AND permit to operate a feed barn at 3956 Otay Lakes Road NAMING CERTAIN REAL PROPERTY with the condition that he dedicate to the City the IN THE CITY FOR STREET AND required ultimate right o£ way for Otay Lakes Road in HIGHWAY PURPOSES LOCATED front of his property. Hr. Berg executed this easement ON OTAY LAKES ROAD on October 15, 1977. (END OF CONSENT CALENDAR) City Council Meeting -9- October 25, 1977 RESOLUTIONS AND ORDINANCES, FIRST READING 11. RESOLUTION NO. 8861 - San Diego Gas & Electric is the owner of an easement DETERMINING THAT THE which is a portion of the E1 Rancho del Rey Unit No. 5 DIVISION AND DEVELOPMENT Subdivision Open Space Maintenance District. They have OF EL RANCHO DEL REY indicated that they do not object to this property WILL NOT UNREASONABLY being dedicated to the Open Space District but would INTERFERE WITH THE prefer not to sign the map and waive time to appeal any FREE AND COMPLETE action in this regard on the part of the City. EXERCISE OF THE PUBLIC ENTITY OR SAN DIEGO GAS AND ELECTRIC'S EASEMENT 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, Egdahl, Hobel Noes: None Absent: None 12. RESOLUTION NO. 8862 - On December 14, 1976 the Council approved Resolution APPROVING FIRST AMENDMENT No. 8444 for a six-month contract with Alfred O'Day TO THE AGREEMENT BETWEEN which contract was to terminate on September 30, 1977. CITY AND ALFRED E. O'DAY Since the scope of the renovation has been increased, AS PROJECT REPRESENTATIVE it is now necessary to extend Mr. O'Day contract for a FOR THE CIVIC CENTER period of nine months (through July 31, 1978). The RENOVATION PROJECT cost of the contract is $1600 a month for a total of $14,400. 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, Egdahl, Hobel Noes: None Absent: None 13. RESOLUTION NO. 8863 - At the meeting of October 18, 1977 the Council approved PROVIDING FOR THE SPECIAL an amendment to the Commission's budget of $250 for APPROPRIATION OF FUNDS TO membership in the U. S. Sister Cities International THE INTERNATIONAL FRIEND- Organization. SHIP BUDGET FOR MEMBERSHIP IN THE U.S. SISTER CITIES INTERNATIONAL ORGANIZATION 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 14. RESOLUTION NO. 8864 - Former Mayor Thomas Hamilton, Jr. elected retirement PROVIDING FOR THE SPECIAL coverage for his years of service with the City as APPROPRIATION OF FUNDS FOR Councilman and Mayor. He has paid his share of the SUPPLEMENTAL RETIREMENT FUNDS retirement costs, and it is now necessary for the City to pay the employer's share which amount to $4,281.20. 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 City Council Meeting -10- October 25, 1977 15. RESOLUTION NO. 8865 - At the Conference held October 20, 1977 the Council APPROVING AGREEMENT authorized an increase in Elaine Katzer's contract BETWEEN THE CITY AND to $22,000 and for the City to provide all labor, ELAINE KATZER FOR material and equipment to prepare the site and to SERVICES AS SCULPTURE/ install plumbing and electrical components for the WATER FEATURE "SEA CHANTY" project for an estimated value of $5,000. 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 16. REPORTS OF THE CITY MANAGER a. REPORT ON ZONING City Manager Cole reported that at the meeting of July 26, ENFORCEMENT 1977 the Council reviewe8 the matter of zoning enforce- ment regarding landscape maintenance with the Planning Director. Mr. Peterson indicated that the increase in the City growth and in the number of zoning regulations may indicate the need for additional enforcement personnel. Mr. Cole explained that because the zoning enforcement is divided to some degree between the Building and Housing and Planning Departments, there may be potential for consolidation to spread the load. Me will consider this in detail and report back to the Council. Report accepted It was moved by Mayor Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted. b. GARRETT AVENUE City Manager Cole discussed the complaint of Gary Pierwola, APARTMENT PARKING 143 Garrett Avenue which was brought to the Council at PROBLEM the last meeting regarding a parking problem in the 100 block of Garrett Avenue due to the recently con- structed apartment complex in that area. Mr. Cole explained that the ordinance requires 47 off- street parking spaces and 7 onstreet based on the number of units in the complex. The parking design meets this requirement. In addition, Mr. Cole continued, Mr. Pierwola is eligible to add an additional driveway to his existing driveway as he has requested. Report accepted It was moved by Councilman Hobel, seconded by Mayor Hyde and unanimously carried that the report be accepted subject to staff conditions. Mayor Hyde asked that a copy of the staff report be sent to Mr. Pierwola. c. UMTA MEETING City Manager Cole reported that UMTA (Urban Mass Transit Administration) is questioning the City's application and have called a meeting for this Friday, October 28, 1977 at 9:30 a.m. before CPO (Comprehensive Planning Organiza- tion) in San Diego. Mr. Cole said that the staff will attend and asked that the Mayor or Councilmen also attend the meeting to strees the intent of the City to move forward with the City's transit system. Mayor Hyde said he would attend the meeting - along with Councilman Scott. City Council Meeting -il- October 25, 1977 Councilman Scott said he was informed that that UMTA decisions are being made on a regional basis rather than in Washington. Several months ago, Councilman Cox and Councilman Scott lobbied in Washington to keep the decisions at that level, but this is not being done. Councilman Scott felt the Council or staff should go to the regional director and explain these matters and the City's interest. d. LIBRARY REPORTS City Manager Cole stated that he has submitted reports to the Council regarding the Library Conference to be held on Thursday, October 27, 1977. REPORTS OF CITY OFFICERS /%ND DEPARTMENT HEADS 17. REPORT ON REQUEST FOR The Director of Building and Housing submitted a detailed OFFICE BUILDING MOVE report on the application of Shirley Grasser to move TO 229 "F" STREET portions of a medical office complex from 588 Third Avenue to 229 "F" Street. The building was inspected on September 16, 1977 and recommendations of approval was sent to the Planning Commission. On October 12, 1977 the Commission reviewed the request and recommended Council approval. Motion to approve It was moved by Councilman Egdahl, seconded by Council- man Scott and unanimously carried that the report be accepted and the office building move to 229 "F" Street be approved subject to the conditions outlined in the staff's report. 18. PROGRESS REPORT ON THE Director of Planning Peterson submitted a report ex- COUNTY'S REGIONAL GROWTH plaining that the Regional Growth Management Agency of MANAGEMENT EFFORT the County of San Diego has been engaged in the prepara- tion of initial studies and plans for a regional growth management program. City planning staffs of several municipalities within the region have met with this Agency to provide technical assistance and local input. In his report, Mr. Peterson noted the input contributed by Chula Vista and asked that the staff be allowed to continue its participation in this program and to submit periodic progress reports to the Council. Report accepted It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the report be accepted. 19. REPORT ON STREET LIGHTING Director of Public Works Roberts referred to his written ON TELEGRAPH CANYON ROAD report in which he discussed the street lighting to be (1-805 TO RUTGERS AVENUE) used along Telegraph Canyon Road between 1-805 and the easterly city limits. Mr. Robens recommended the use of the high pressure sodium vapor lights due to the unique nature of this roadway which includes lack of residential units and the fairly high speed and traffic volumes. At the meeting of September 28, 1977 the Safety Commission voted to concur with this recommendation. Recommendation accepted It was moved by Hayor Hyde, seconded by Councilman Egdahl and unanimously carried that the staff's recom- mendation be accepted. City Council Meeting -12- October 25, 1977 20. REPORT ON SAFETY COM- On August 23, 1977 the Safety Commission proposed that MISSION RECOMMENDATION a moratorium be imposed on new development along "L" TO IMPOSE A MORATORIUM Street/Telegraph Canyon Road until certain specific ON NEW DEVELOPMENT ALONG improvements were completed. "L" STREET/TELEGRAPH CANYON ROAD Director of Public Works Robens submitted a detailed report in which he stated that most of the items which the Safety Commission want completed before lifting of the moratorium have either been completed or wzll be in the very near future. Mr. Roberts added that prior to any new major project in the area, an Environmental Impact Report would be necessary detailing all traffic impacts; therefore, it would be his recommendation not to establish a formal moratorium in the area at this time. Report accepted It was moved by Mayor Hyde, seconded by Councilman Egdahl and unanimously carried that the report be accepted. 21. REPORT ON STATUS OF THE Council Resolution No. 8738, adopted July 26, 1977 ap- CASTLE PARK RELIEF SEWER proved an agreement between the City and the Montgomery Sanitation District to provide a relief sewer in the Castle Park area. The agreement provided that the City pay 66.5% of the total cost including engineering and administration of the contract. Director of Public Works Robens reported that the County received a grant of $100,000 for this construction; however, the low bid came in at $112,165. The City must pay 66.5% of this overrun - $12,165 plus $8,976 for its portion of the engineering and administration costs for a total of $17,066. He added that adequate funds were included in Account RC02 to provide for the City's cost of this project. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried that the report be accepted. 22. REPORT ON STATUS OF SEWER In 1963, the City established the Sewer Service Revenue SERVICE FEE SCHEDULE Fund to cover City expenses relative to the Metropolitan MODIFICATION Sewage System, and a recent analysis disclosed that the income is no longer adequate to cover the Metropolitan System expenses. Additionally, recent Federal legisla- tion mandates that all waste water system costs be funded directly by users of that system. Director of Public Works Robens referred to his detailed report in which he recommended an increase in the sewer service charge so as to provide greater revenue into the fund thereby causing a larger amount of the total cost to the system to be paid for by the users. The staff's recommendation is to: fl) increase the base rate for single-family dwelling units from $1.50 to $2.25 a month; (2) charge the multi-family, commercial and industrial users on the basis of volume of water usage instead of water cost; (3) and establish a rate for multi-family, commercial and industrial users which is equitable with the average effective rate paid by single-family users; (4) direct staff to develop a variance system so unsewered property could be exempt from the sewer service fees and; (5) to direct staff to prepare an appropriate modification to the Sewer Service Ordinance. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. City Council Meeting -13- October 25, 1977 23. REPORT ON REQUEST FOR (See page 3 of minutes) SCHOOL SIGNS ON "E" STREET AT FIRST AVENUE MAYOR'S REPORT Motion to bring It was moved by Mayor Hyde and seconded by Councilman back item #18 Egdahl to bring back the report on item #18 (County's Regional Growth Management effort) at the next meeting. Councilman Hobel stated that this matter was very pre- liminary at this point in time, and the staff has made its presentations especially for those areas along Telegraph Canyon Road and Poggi Canyon. Motion withdrawn Mayor Hyde withdrew the motion; Councilman Egdahl with- drew the second. Meeting with Montgomery Mayor Hyde reported on the meeting held with represen- Fire District representa- tatives of the Montgomery Fire District on the six- rives month agreement with the City. Mayor Hyde said the arrangement is working out satisfactorily. They would like a standardized operating procedures manual for handling responses and other matters to be drawn up by the two entities. Also discussed was (1) coordinated train- ing; (2) future station facilities; (3) joint purchase efforts and other related matters, Meeting regarding Mayor Hyde informed the Council that he met with Super- Lower Sweetwater Fire visor Hamilton, City Manager Cole and ~ayor Kile Mergan Protection District area of National City regarding the request of this District to annex to National City. This District has a very small tax base and LAFCO staff is recommending approval of the annexation. They are also proposing that the District be dissolved (because of the critical financial problems). It is being proposed that National City will annex a major portion of the District and Chula School Vista a lesser area south of the alignment of the Sweet- water Valley Control project. Mayor Hyde reported that other matters discussed at this meeting wasthe possibility of reopening discussions between National City and Chula Vista on the realignment of the boundaries in the Sweetwater Flood Control Channel. Thank you letter from Mayor Hyde said he received a thank you letter from Mrs. Huth Mrs. William Huth,daughter of Mrs. Kathryn Moore,for honoring her mother (posthumously) at the Annual Awards Banquet. Letter from Dr. Servetter, Mayor Hyde announced that he received a letter from Chula Vista School District Dr. Leonard Servetter,$uperintendent of the Chula Vista District,in which he responded to the Mayor's letter regarding the issue of school desegration. COUNCIL COMMENTS Mayor's Economic Councilman Cox said there will be a meeting of the Com- Advisory Committee mittee tomorrow night with hssembl~nan Wadie Deddeh ag the guest speaker. CALTRANS program Councilman Cox questioned the six-year program. Director of Public Works Roben5 said the way the program is written right now, nothing will be done with the 1-805/Route 54 interchange. The new Transportation Act (SB 402) changes the total planning and construction processes and there will be a new plan next year which will be significantly different from this year's. City Council Meeting -14- October 25, 1977 X-Channel 100 It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the staff look into having a franchise tax or whatever is deemed appropriate as discussed this evening, and bring back to Council as soon as possible. Memorandum noted Councilman Scott noted the communication from Mr. Paul Desrochers, Director of Community Development, regarding the critical habitat area along the Bayfront. He noted that this will be a item of discussion at the next Redevelopment Agency meeting. Advisory Committee Councilman Scott referenced the letter he sent to the on Visitors-Convention Council stating that the Committee recommends allocating Bureau the entire $25,000 to the Bureau. This will be an item on the next Council meeting. AB 1533 At the last LAFCO advisory meeting, Councilman Egdahl Annexation Bill said a report was given by the staff on this Bill which will become law on January 1, 1978. It provides that unincorporated islands within the City that are under 100 acres - that are inhabited - can be annexed to the City without an election% however, a public hearing and notice is required. Motion for It was moved by Councilman Egdahl, seconded by Council- staff report man Hobel and unanimously carried that the staff be directed to refer to the Council any islands that are within the City's incorporated boundaries that are under 100 acres, that are inhabited, so the City begin to move on them as soon as January 1 comes along. Absence from meetings Councilman Egdahl said he will have to miss the Council Conference scheduled on October 27. Because of vacation and conference time, he missed the October 6 Redevelopment Agency meeting, and due to other scheduling, he will be missing the November and December Redevelopment Agency meetings. Redevelopment Agency It was moved by Councilman Scott, seconded by Councilman meetings rescheduled Hobel and unanimously carried that the Redevelopment Agency meetings in November and December be moved to the second Thursdays of the month. Appointment of member It was moved by Mayor Hyde, seconded by Councilman Scott to ACCORD and unanimously carried that this matter be carried over to the next meeting. Comments by Mr. Snedecor Mr. Snedecor thanked the Council for inviting him to the meeting. He noted the similarily of this meeting and other organizations he belongs to, and the problems concerning the school children at various intersections. He felt that the commissions and ordinances (as proposed by the Council this evening - Design Review Board) should have a self-destructing date in order to be reviewed and thereby stop some of the bureaucracy. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:57 p.m. to the meeting scheduled for Thursday, October 27, 1977 at 4:00 p.m. in theCouncil Conference Room.