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HomeMy WebLinkAboutcc min 1977/07/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. July 26, 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, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Director of Parks & Recreation Hall, Assistant Director of Public Works Lippitt, Traffic Coordinator Connor, Deputy City Manager Wittenberg 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 July 19, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THF DAY a. INTRODUCTION OF Mayor Hyde introduced Ms. Stein, a practicing attorney in COUNCIL GUEST, the City of Chula Vista and a member of the Board of Direc- MARGE STEIN tors of the Chamber of Commerce. 8. RESOLUTION NO. 8721 - It was moved by Councilman Hobel, seconded by Councilman COMMENDING NEIL HAAS Cox and unanimously carried that item #8 be taken out of FOR HIS SERVICES ON sequence at this time. THE CHARTER REVIEW COMMITTEE Resolution offered Offered by Councilman Egdahl, the text was read by Mayor Hyde, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hyde, Scott Noes: None Absent: None Mayor Hyde presented the Resolution to Mr. Haas thanking him for his services on this Committee. b. OATHS OF OFFICE TO City Clerk Jennie Fulasz administered the Oath of Office  NEWLY APPOINTED to the following newly appointed Commissioners: COMMISSIONERS Youth Commission: Deborah Lee Curry Cyndy Joanne Drummey Ron E. Holland Leslie Felicia Schmidt Parking Place Commission: Raymond L. Yoder Environmental Control Commission: William E. Snedecor ORAL COMMUNICATIONS No Oral Communications. City Council Meeting -2- July 26, 1977 3. WRITTEN COb4MUNICATIONS a. VERIFIED CLAIM Lonzo W. Castro, 1641 Melrose Avenue, Chula Vista, filed a FOR DAMAGES claim in the amount of $250,000 for alleged mistreatment by the County Sheriff's Department at Rohr Park, Chula Vista on April 10, 1977. b. VERIFIED CLAIM Dean H. Chapman, 430 University Avenue, Apt. "A", San Diego, FOR DAMAGES also filed a claim in the amount of $250,000 for alleged mistreatment by the County Sheriff's Department at Rohr Park, Chula Vista on April 10, 1977. Motion to deny It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the two verified claims for damages (Sa and 3b) be denied and referred to the in- surance consultants. c. REQUEST FOR CROSS- Ms. Lucille Crank of 183 Third Avenue, requested that a WALK ON "F" STREET crosswalk be instituted on "F" Street between Third and BETWEEN THIRD AND Fourth Avenues to help make a safe crossing between the FOURTH AVENUES new Library and the shopping center. Staff recommended that the request be denied because unsignalized mid-block crosswalks give pedestrians a false sense of security and the "F" Street-Garrett Avenue intersection is only 220 feet from the Library entrance. Motion to refer It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the request be referred to the staff and Safety Commission for recommendation~ RESOLUTIONS AND ORDINANCES (items 4 through 21) Requests were made to pull items 4-5-14 and 18 for discuss- sion. Ail other resolutJons were taken in one motion. 4. RESOLUTION NO. 8722 - In February, 1976 the Council approved funding in the ACCEPTING GRANT, amount of $20,000 for the design, execution and installa- AWARDING CONTRACT, tion of a sc~lpture/water feature on the Library grounds, APPROPRIATING AND and in June, 1976 the Council accepted the recommendation AUTHORIZING EXPENDITURE of Mr. Henry Hopkins, Director of the San Francisco Museum OF FUNDS FOR THE of Modern Art to commission artist Elaine Katzer for her LIBRARY WATER ceramic sculpture, "Sea Chanty." SCULPTURE An application was made to the National Endowment for the Arts for funds for this project and on July 22, 1977 the official grant award letter was received awarding the City $5,000 toward the sculpture/water feature.  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, Cox, Hyde, Scott Noes: Councilman Hobel Absent: None City Council Meeting -3- July 26, 1977 5. RESOLUTION NO. 8743- The representatives of Bay General Hospital have prepared APPROVING THE a resolution for the City to approve a refinancing of the REFINANCING OF BAY Hospital. At the time the Council previously approved the GENERAL CO,UNITY financial arrangement, the interest rate was 7-3/4% on the HOSPITAL type of bond that was issued by Bay General Hospital on May 6, 1975. Since that time interest rates have been reduced making it possible to sell new bonds, the proceeds of which can be used to retire existing high interest rate bonds. Bay General Hospital has received authorization from the Internal Revenue Service for such a program, which will effect a savings to the Hospital of approximately two mil- lion dollars over the next thirty years, and also provide immediate capital resources of $700,000 to be used for hospital expansion and additional parking areas. City Manager's comments In answer to Councilman Scott's query, Mr. Cole explained that when Bay General became a community hospital, the bond market was not favorable to the bond seller. Since that time, they have been trying to get authorization to refin- ance and have just received this permission. City Attorney Lindberg added that the same responsibilities and liabili- ties that the City assumed in the original acceptance of the proposal for this non-profit organization exists - the City would have no increased liabilities. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None 6. RESOLUTION NO. 8723 - Under California Senate Bill 283, $2.2 million are avail.-. APPROVING SUBMITTAL able for allocation to conduct demonstrations of new trans- OF AN APPLICATION portation services and methods. Application for these FOR A DEMONSTRATION funds must be made to the CPO by August 1, 1977 and to GRANT UNDER (CA) CALTRANS by August 15, 1977. The Chula Vista Transit De- SB 283 velopment Program (TDP) recommends implementation of a specialized transportation service as part of the improve- ment plan and that SB 283 funds be sought to finance the capital cost and the first year operations of this service. The proposed service would use a lift-equipped bus, opera- ting in a demand-responsive mode to provide an alternative service for the transportation of the disadvantaged. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 7a. RESOLUTION NO. 8724 - An&greement has boon prepared between the City and OUR APPROVING AGREEMENT HOUSE, INC., a nonprofit charitable organization setting BETWEEN THE CITY OF out terms and obligations of "Our House" in regard to CHULA VISTA AND OUR the expenditure of City funds appropriated from the General HOUSE IN REGARD TO Fund in an amount not to exceed $9,000 for FY 1977-78. THE EXPENDITURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT City Council Meeting -4- July 26, 1977 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 7. b. RESOLUTION NO. 872S - An Agreement has been prepared between the City and the APPROVING AGREEMENT COMMUNITY CARDIOPULMONARY RESUSCITATION PROGRAM in regard BETWEEN THE CITY OF to the expenditure of City funds appropriated from Revenue CHULA VISTA AND THE Sharing Funds in an amount not to exceed $5,400 in FY 1977-78. COMMUNITY CARDIO- PULMONARY RESUSCITA- TION PROGRAM IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None c. RESOLUTION NO. 8726 - An Agreement has been prepared between the City and SOUTH APPROVING AGREEMENT BAY MEALS ON WHEELS, a non-profit charitable organization, BETWEEN THE CITY OF in regard to the expenditure of City funds appropriated CHULA VISTA AND SOUTH from the General Fund in an amount not to exceed $1,500 BAY MEALS ON WHEELS for FY 1977-78. IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None d. RESOLUTION NO. 8727 - An Agreement has been prepared between the City and the APPROVING AGREEMENT METROPOLITAN AREA ADVISORY CO~ITTEE in regard to the BETWEEN THE CITY OF expenditure of City funds appropriated from the General CHULA VISTA AND THE Fund in an amount not to exceed $1,000 for FY 1977-78 for METROPOLITAN AREA the purpose of providing an annual Christmas Party for ADVISORY COMMITTEE IN the children of low-income families in the Chula Vista area. REGARD TO THE EXPENDI- TURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT City Council Meeting -5- July 26, 1977 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 7. e. RESOLUTION NO. 8728 - An Agreement has been prepared setting out the terms and APPROVING AGREEMENT conditions of the COMBINED ARTS & EDUCATION COUNCIL OF BETWEEN THE CITY OF SAN DIEGO COUNTY in regard to the expenditure of City CHULA VISTA AND THE funds appropriated from the General Fund not to exceed COMBINED ARTS & $2,S00 for FY 1977-78. EDUCATION COUNCIL OF SAN DIEGO COUNTY IN REGARD TO THE EXPENDI- TURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None f. RESOLUTION NO. 8729 - An Agreement has been prepared setting out terms and obliga- APPROVING AGREEMENT tions of the UNITED NATIONS DAY CO~4ITTEE in regard to the BETWEEN THE CITY OF expenditure of City funds appropriated from the General CHULA VISTA AND THE Fund in an amount not to exceed $580 for FY 1977-78 to UNITED NATIONS DAY promote friendly relations between all members of different COMMITTEE IN REGARD nations who come to Chula Vista. TO THE EXPENDITURE OF CITY FUNDS APPRO- PRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, (~ox, ~yde, Scott, Egdahl Noes: None Absent: None g. RESOLUTION NO. 8730 - An Agreement has been prepared between the City and the APPROVING AGREEMENT CHULA VISTA JAYCEES in regard to the expenditnre of City BETWEEN THE CITY OF funds appropriated from the General Fund in an amount not CHULA VISTA AND THE to exceed $4,000 for FY 1977-78 for participation in the CMULA VISTA JAYC£ES Fiesta de la Luna and related activities, including the IN REGARD TO THE selection of "Miss Chula Vista." ($3,500 for the Fiesta EXPENDITURE OF CITY de la Luna and $500 for the "Miss C~ula Vista" contest.) FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT City Council Meeting ~6- July 26, 1977 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox~ Hyde, Scott, Egdahl Noes: None Absent: None 7. h. RESOLUTION NO. 8731 - An Agreement has been prepared between the City and the APPROVING AGREEMENT GIRLS' CLUB OF CHULA VISTA in regard to the expenditure of BETWEEN THE CITY OF City funds appropriated from Revenue Sharing Funds in an CHULA VISTA AND THE amount not to exceed $3,500 for FY 1977-78 to acquire a GIRLS' CLUB OF CHULA multi-purpose structure. VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel~ Cox, Hyde, Scott, Egdahl Noes: None Absent: None 8. RESOLUTION NO. 8721 - (See page #1) CO~4ENDING NElL HAAS FOR HIS SERVICES ON THE CHARTER REVIEW COb~qlTTEE 9. RESOLUTION NO. 8732 - On April 6, 1977 the South Bay Irrigation District and the APPROVING FIRST California-Amercian Water Company entered into an agree- SUPPLEMENT TO AGREE- ment in regard to the Final Order of Condemnation. The MENT REGARDING FINAL agreement did not make provision for the transfer and ORDER OF CONDEMNATION responsibility for the collection of sewer service charges OF CALIFORNIA-AMERICAN on behalf of the Cities of Chula Vista and National City. WATER COMPANY A First Supplement to tho Agreement has been prepared providing for the assumption of such responsibility by the South Bay Irrigation District upon their taking pos- session of the California-Amercian Water Company's Sweetwater District, Resolution offered Offered by Councilman Hobe], the reading of the text wa5 waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes; None Absent: None 10. RESOLUTION NO. 8733 - Based upon Council approval of the Parks and Recreation APPROVING AGREEMENT budget account 100-1534-5451 - Contributions/Other Agencies - BETWEEN THE CITY OF staff has prepared an agreement between the City and the CHULA VISTA AND CHULA Chula Vista Aquatics Association for expenditure of funds VISTA AQUATICS ASSOCIA- not to exceed $8~470. The intent of this agreement is TION IN REGARD TO TRE budget control as it relates to isolating costs for this EXPENDITURE OF CITY activity. FUNDS APPROPRIATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT City Council Meeting ~7- July 26, 1977 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous eonsent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel~ Cox, Hyde, Scott, Egdahl Noes: None Absent: None 11. RESOLUTION NO. 8734 - The finding of no significant impact concerns the proposed FINDING THAT THERE IS use of Community Block Grant Funds for the replacement of NO SIGNIFICANT ENVIRON- deteriorated playground equipment and the purchase of MENTAL IMPACT RESULTING other facilities for General Roca Park. The finding was FROM THE COMMUNITY recommended by the Environmental Review Committee on DEVELOPMENT BLOCK GRANT June 30, 1977 and subsequently published. No comments FUNDING OF IMPROVE- have been reee±ved? MENTS IN GENERAL ROCA PARK Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 12. RESOLUTION NO. 8735 - The final map for Bonita Ridge Estates, Unit #3 Subdivision APPROVING AGREEMENT is being submitted to the Council for approval, Clara FOR THE COMPLETION OF Vista Corporation has paid all required fees, posted all IMPROVEMENTS IN BONITA necessary bonds and has executed the Subdivision Improve- RIDGE ESTATES, UNIT ment which contains no unusual conditions. The agreement NO. 3 AND AUTHORIZING and surety bonds in the amount of $220,000 guarantees the THE MAYOR TO EXECUTE installation of the public improvements within the sub- SAME division and the work will be performed in accordance with approved plans on file in the office of the City Engineer. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 13. RESOLUTION NO. 8736 - On July 8~ 1977 Clara Vista Corporation, owner of Bonita ACCEPTING GRANT DEED Ridge Estates, Unit #3 Subdivision, granted a deed to the TO CERTAIN REAL PROPERTY City for one foot control lot "A" within Bonita Ridge FROM CLARA VISTA CORPO- Estates, Unit #3, which is required to control access and RATION FOR ONE FOOT adjacent development. CONTROL LOT "A" BONITA RIDGE ESTATES, UNIT NO, 3 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox~ Hyde, Scott, Egdahl Noes: None Absent: None City Council Meeting -8- July 26, 1977 14. RESOLUTION NO. 8744 - The final map for Bonita Ridge Estates, Unit #3 Subdivision, APPROVING MAP OF BONITA has been checked by the Engineering Division and found to RIDGE ESTATES, UNIT NO. 3, be in conformity with the tentative map approved by the ACCEPTING ON BEHALF OF Council on February 5, 1974 by Resolution No. 7165. Ap- THE PUBLIC THE PUBLIC proval of the final map includes the dedication for a STREETS DEDICATED ON portion of Palm Drive and Fallbrook Court. Easements are SAID MAP, AND ACCEPTING being dedicated to the City for storm drain, sewer~ street ON BEHALF OF THE CITY trees, access and public utilities. Lots 140, 154, 155 OF CHULA VISTA THE and 156 are being dedicated to the City for park, recre- EASEMENTS GRANTED ON ational, open space and other public uses. SAID MAP WITHIN SAID SUBDIVISION Public uses In answer to Mayor Hyde's query, Director of Public Works Robens explained that Lots 140, 154, 155 and 156 will be part of the open space for the subdivision. The responsi- bility for the maintenance is the developer's until it is established, then it becomes the City's responsibility. Mr. Robens then discussed the private road designated on the map stating the location was such as to prevent a lot of the grading in the subdivision. Mr. Peterson, Director of Planning, remarked that all of the open spaces in the subdivision will be maintained by the Open Space Maintenance District. 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 15. RESOLUTION NO, 8737 - The Unified Port District has awarded a two year contract APPROVING ENCROACHMENT for the dredging of the Chula Vista boat basin at the foot PERMIT TO RIHA CONSTRUC- of "J" Street and the construction of a wildlife reserve, TION COMPANY FOR CON- which will be constructed with the dredged material from STRUCTION OF A HAUL the beat basin. The RIHA Construction Company will haul ROAD ACROSS CITY this dredged material in large dump trucks to the site PROPERTY of the reserve through the San Diego Gas & Electric Company's South B~y plant. The contractor would prefer not to drive heavy trucks on "J" Street and he is requesting permission from the City to construct a 20 foot wide haul road across the "J" Street Park, along the southerly edge of the park adjacent to the drainage channel. The Director of Public Works and the Director of Parks and Recreation recommended the granting of the encroachment permit, subject to certain conditions to which the con- tractor agreed, which include restoring the park to its present state upon completion of the wildlife reserve. Resolution offered Offered by Councilman Hobel~ the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None City Council Meeting -9- July 26, 1977 16. RESOLUTION NO. 8738 - In October, 1976 the Council indicated its desire to APPROVING AGREEMENT participate with the Montgomery Sanitation District in BETWEEN THE CITY OF designing a relief sewer for the Castle Park area. The CHULA VISTA AND THE sewage flows from the City area are greater than were MONTGOMERY SANITATION anticipated and the sewer is overloaded. A moratorium on DISTRICT FOR THE new connections to the system has been in effect since CASTLE PARK RELIEF July~ 1976. SEWER AND AUTHORIZING THE MAYOR TO EXECUTE The agreement describes the facility to be constructed and SAID AGREEMENT designates the Montgomery Sanitation District as the re- sponsible jurisdictional agency. The City's share of non- grant funded cost is estimated at approximately $14, 030. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 17. RESOLUTION NO. 8739 - Arrow Electric Company has completed the construction of ACCEPTING PUBLIC the street lights on Broadway between "E" and "F" Streets IMPROVEMENTS - BROADWAY in accordance with the contract documents dated April 20~ STREET LIGHTS (BETWEEN 1977, and awarded by Resolution No. 8549, dated March 22, "E" AND "F" STREETS) 1977. The final inspection was completed on July 14, 1977. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 18. RESOLUTION NO. 8745 - For many weeks, the Council has maintained the position of APPROPRIATING THE contributing no more than $1,000 to the litigation fund ADDITIONAL SUM OF seeking to teat the Federal Unemployment Compensation Act. $4,000 FOR THE NIMLO The City Attorney concurred with the Council's reasoning, LITIGATION FUND TO however he felt that sum is insignificant when weighed TEST THE CONSTITU- against the fact that a failure to overturn the law would TIONALITY OF THE cost the City in the first year $78,000 and substantially UNEMPLOYMENT more thereafter. He strongly urged that the City become a COMPENSATION ACT party to the lawsuit and appropriate an additional $4,000 OF 1976 toward the fund. City Attorney's In answer to Councilman Cox's questions, City Attorney statement Lindberg stated that the City would be under no obligation to make any payments to the Unemployment Compensation until such time as the lawsuit is decided, If the Court's decision is adverse to the City, the City would have to retroactively pay back all the funds required by federal law. 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- July 26, 1977 19. RESOLUTION NO. 8740 - On July 19, 1977 the Council accepted the report from the APPROPRIATING FUNDS City Attorney authorizing reimbursement to the property FOR REIMBURSEMENT OF owners of the Arizona Street annexation territory, This TAXES TO THE ARIZONA resolution appropriates total funds in the amount of STREET PROPERTY OWNERS $1,252.11 and authorizes the Director of Finance to forward warrants in the amounts specified to each of the five property owners listed. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel~ Cox, Hyde, Scott, Egdahl Noes: None Absent: None 20. RESOLUTION NO. 8741 - Rite Holleron, property owner at 4368 Acacia Avenue, has APPROVING ENCROACHMENT applied for annexation to the City of Chula Vista so that PERMIT NO. 77-19 FOR she may connect to the sewer main which lies within Lot RITA HOLLERON AT 117 of Bonita Ridge Estates, Unit No. 2, a City-owned lot 4368 ACACIA AVENUE designated for open space use adjacent to her rear property line. An encroachment permit for the sewer lateral is required for that portion of the lateral crossing Lot 117. The private sewer system has failed and it is presently an emergency situation. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None 21. RESOLUTION NO. 8742 - Rite Holleron of 4368 Acacia Avenue made application for APPROVING AGREEMENT annexation to the City on July 21, 1977 and has requested BETWEEN THE CITY OF permission to connect her residence to the City sewer CHULA VISTA AND RITA system. The agreement provide5 for disconnecting from HOLLERON FOR CONNECTION the sewer if annexation of her property is not approved. TO SEWER MAIN FOR PROPERTY LOCATED AT 4368 ACACIA AVENUE PRIOR TO ANNEXATION TO SAID CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following votes to-wit: AYES: Councilmen Hobel, Cox, Hyde~ Scott~ Egdahl Noes: None Absent: None UNANIMOUS CONSENT ITEMS 2ia. RESOLUTION NO. 8746 - City Attorney Lindberg explained items 2la - 2lb and 2lc ACCEPTING, DEDICATING stating that the matter has been going on for a number of AND NAMING CERTAIN weeks to resolve problems relating to a tentative parcel REAL PROPERTY map comprising of four parcels. There were difficulties with the legal description as to the easements for street tree planting, sewer, and street purposes which are out- side of the parcel map consideration. These problems have now been resolved. City Council Fleeting -11- July 26, 1977 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, ttobel Noes: None Absent: None 21b. RESOLUTION NO. 8747 - APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR APPROVAL OF TENTATIVE PARCEL MAP 11-17 - JACK R. MESTLER, INC. 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 21c. RESOLUTION NO. 8748 - ACCEPTING GRANTS OF EASEMENT FROM JACK R. MESTLER, INC. FOR SEWER AND STREET TREE PURPOSES 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 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 22. ORDINANCE NO. 1756 - On July 19, 1976 Charles S. Offerman filed a petition for APPROVING THE ~NNEXATION annexation to the City of 3.98 acres of property for the TO THE CITY OF CERTAIN purpose of obtaining comprehensive City services to UNINHABITED TERRITORY support proposed apartment units. The annexation area is KNOWN AND DESIGNATED AS located on the south side of "L" Street between Fourth THE OFFERMAN/"L" STREET and Fifth Avenues and was approved by LAFCO on May 2, 1977. ANNEXATION - SECOND READING AND ADOPTION The ordinance was placed on its first reading at the Council meeting of July 19, 197~ Ordinance placed on It was moved by Councilman Scott that this ordinance be 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, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None City Council Meeting -12- July 26, 1977 23. ORDINANCE NO. 1757 - The Council adopted an urgency Ordinance No. 1746 on AMENDING SECTIONS May 10, 1977 relating to the inclusion of cardrooms 19.36.030 and 19.40.030 in the C-C and C-T zones subject to a conditional use OF TITLE 19 OF THE CHULA permit. The urgency ordinance will remain in effect for VISTA MUNICIPAL CODE a period of 90 days unless extended by the City Council. ALL RELATING TO THE INCLUSION OF CARDROOMS The ordinance was placed on its first reading at the SUBJECT TO A CONDITIONAL Council meeting of July 19, 1977. USE PERMIT IN THE C-C AND C-T ZONES IN CITY OF CHULA VISTA, AND CERTIFYING THE NEGATIVE DECLARATION - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this ordinance be 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, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None 24. ORDINANCE NO. 1758 - The zoning ordinance does not now provide for the tem- AMENDING SECTION porary use of signs to announce special events, such as 19.60.310 OF CHAPTER rummage sales, bazaars, etc., sponsored by churches, 19.60 OF THE CHULA hospital auxiliary groups or other eleemosynary institu- VISTA MUNICIPAL CODE tions. In order to effectively regulate such signs, a RELATING TO REGULATION zoning text amendment was proposed as set fourth in OF TEMPORARY SIGNS FOR Planning Commission Resolution PCA-77-3. PUBLIC AND QUASI-PUBLIC SPECIAL EVENTS - The ordinance was placed on its first reading at the SECOND READING Council meeting of July 19, 1977. AND ADOPTION O~dinance placed on It was moved by Councilman Scott that this ordinance be 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, Hobel, Cox, Hyde Noes: Councilman Egdahl Absent: None 25. REPORTS OF THE CITY MANAGER a. REPORT ON PARAMEDIC City Manager Cole submitted a written report on the PROGRAM OPERATIONS evaluation of the local Paramedic Program prepared by Deputy City Manager Wittenberg. The report included general discussion of organizational arrangement, opera- tional statistics, comments on STAR NEWS reports and editorials, and final evaluation concluding that the City's cooperative fee-for-service Paramedic Program can be considered a definite success. The recommendation was that the City continue its participation in the Program. Motion to accept It was moved by Councilman Scott and seconded by Council- report man Hobel that the report be accepted. City Council Meeting -13- July 26, 1977 Question regarding In response to a query from Councilman Egdahl, Deputy City complaints Manager Wittenberg said that he has only received three complaints from citizens and the participating hospitals report that the complaints they have received regarding billing have not exceeded those previously experienced. Mr. Wittenberg explained that each service is performed and billed separately. Council discussion Council discussion ensued concerning (1) billing procedures; (2) level of Fire Department participation in the program; (3) adequate staffing of the paramedic unit (two paramedics per unit as recommended by the County); (4) dispatch pro- cedures for the Mobile Intensive Care Unit-MICU, (dispatch is made in accordance with the terms of the joint powers agreement with the County); rate structure for fees (Chula Vista fees are comparable to those of other programs in the County); and (5) the amortization schedule of the MICU (on vehicle chassis only). Addition to motion Councilman Hobel asked if the maker of the motion would include in the motion a quarterly review of the program. Motion carried Councilman Scott agreed to include in the motion a quarterly review for the first year. Councilman Hobel concurred as the second and the motion carried unanimously. b. YEAR-END STATUS City Manager Cole submitted a written report to inform the REPORT OF CITY Council of the year-end status of City finances and opera- FINANCES AND tions. The report covered financial commentary, programs OPERATIONS and services commentary, a brief review of the activities of the various City Departments and a General Fund Revenue Summary. Motion to accept report It was moved by Councilman Scott and seconded by Council- man Hobel that the report be accepted. Council discussion followed concerning the use and main- tenance of City fields in regard to the Little League ball clubs; the turnover of personnel in the Public Works Department (due to promotions and people resigning to accept positions with other agencies), and the backlog of uncompleted tasks in this Department. Director of Public Works Roberts outlined measures being taken to pick up some of the backlog and stated some projects will be de- layed until next fiscal year. Motion carried %he motion to accept the report carried unanimously. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 26. REPORT ON ZONING In a written report, Director of Planning Peterson summa- ENFORCEMENT: LAND- rized the level of zoning enforcement in the area of SCAPE MAINTENANCE landscape maintenance. It was noted that under Section 9.1, the Landscape Manual requires that multi-family commercial, industrial, P.U.D. and unclassified uses be properly main- tained by the owner, and Section 12.32.030 of the City Code provides that the Director of Public Works shall exercise jurisdiction and control over the planting, main- tenance care and removal of trees or plants in streets or other public rights-of-way. City Council Meeting -14- July 26, 1977 Staff recommendations In summary, the Planning Department recommended that the City Attorney be directed to prepare an ordinance author- i'zing the levy of inspection fees against zoning violators, and that Section 12.52.050 be amended to make it clear that the responsibility for maintenance of landscaping within the street right-of-way rests with the abutting property owner. It was also recommended that the Munici- pal Code be amended to give Section 9.1 of the Landscape Maunal the force of ordinance. City Manager Cole recommended that this proposal be given exposure to the business community for reaction. Motion to accept It was moved by Councilman Egdahl and seconded by Council- staff recommendations man Scott that the staff recommendations be accepted. Mayor Hyde commented that as the size of the City in- creases, there will be a need for increased effort for effective zoning enforcement. He questioned City Manager Cole concerning this and Mr. Cole stated additional help would be needed; however, it has not been planned for this year. Concern over lack of Councilman Scott expressed his concern over the potential proper enforcement effect of the lack of proper enforcement of City laws. He of City Codes suggested that it is poor policy not to have adequate staff for this work. Mayor Hyde suggested that if there is a need for increased staffing in this area that perhaps the Council could con- sider this for the second half of the fiscal year. Motion carried The motion to accept the staff recommendations carried unanimously. 27. REPORT ON REVIEW OF In 1970, the Council amended the General Plan to establish REQUIREMENT FOR SCHOOL as a goal that adequate school facilities be provided in AVAILABILITY LETTERS order to satisfy the educational needs of newly developed PRIOR TO ISSUANCE OF areas in accordance with standards and criteria adopted BUILDING PEP~ITS by the City school districts. On May 10, 1977 in res- ponse to a request from a local developer, Ken Green, the Council asked staff to review the Council's policy in this regard. Assurance required from In a written report, Director of Planning Peterson noted school districts regarding that the policy requires assurance from the school dis- adequate facilities tricts that their facilities are adequate to accommodate the children expected to reside in proposed developments. This is done upon agreement by the developer to provide certain funds to the district. Mr. Peterson said that in discussions with representativc~ of thc two school districts, they supported the need to continue the program on a uniform basis. Staff concurred that no change be made to the existing policy at this time. Enrollment affected Director of Planning roferred to the report and noted that building boom in while the overall enrollment in the school districts have Chula Vista declined, many individual schools are still over capacity. He also commented that the City is in the midst of build- ing boom which will affect school enrollment and it is projected that building construction will continue to increase. City Council Meeting -15- July 26, 1977 Council discussion Council discussion ensued regarding concern over potential abuse of the policy in that funds contributed by a de- veloper are not committed for use by schools in the area of the development; lack of records to indicate how and where funds are utilized; and Federal laws regarding ethnic balance may eliminate neighborhood schools and affect use of funds from developers. Philip D. Jolliff Mr. Jolliff explained the school district's position and Director of Facilities expressed the need of the district for the funds due to and Budg~t~ enrollment created by new developments. In answer to Sweetwater Union High questions from the Council, Mr. Jolliff said that the Schoel District funds are used throughout the district possibly even in National City; however, most of the temporary classrooms used are in the schools in Chula Vista and some funds are used by these schools. He also commented regarding (1) the laws requiring transportation of students for desegregation purposes; (2) problems created by popula- tion shifts; (3) inability of the District to keep bal- anced enrollments in each schools and (4) that they con- sider the total District needs in allocation of funds - total needs are impacted by new students in any area. School Districts City Attorney Lindberg noted that the obligation of the responsibility to City is to satisfy the needs for public facilities, in- use funds properly cluding needs created by developments authorized by the City, but the fact that the District chooses to use these funds throughout the District is a legal problem and he cautioned that the school district should heed the concerns of the Council. In additional response to the Council's suggestion that reporting or accounting be required of the School Districts, Mr. Lindberg said that it has been emphasized that the Districts should be aware that the fees are go be used to relieve the burdens created by a particular development and are not to be used to supple- ment the needs of the entire District, and the City assumes this discretion is being exercised by the Districts. Motion for It was moved by Councilman Hobel and seconded by Council- Council Conference man Cox that this matter be held over and a Council Conference be set to explore alternatives, and also look at the park fees. Clarification for Mayor Hyde clarified for the staff that the Council is staff looking for something from the staff to indicate, with regard to school district fees, that there is some kind of indication when fees are collected by the Districts as a result of the Council policy that the funds collected would be expended for facilities serving the Chula Vista community. Councilman Scott suggested that park fees and school dis- trict fees be considered at two soparate conferences. Motion restated Councilman Hobel reworded his motion so that school dis- trict fees can be considered first and the park fees at a later conference. Councilman Cox agreed to the second. Motion as restated The motion as restated with park fees to be considered carried unanimously separately carried unanimously. Council Conference The Council concurred that the conference be held when to be scheduled there is a full Council present - which will be in in October October. Mayor Hyde asked that the City Clerk inform the school districts of the Conference. City Council Meeting -16- July 26, 1977 Motion for no change It was moved by Councilman Scott, seconded by Councilman in existing policy Cox and unanimously carried that in the meantime no change be made in the existing policy. 28. REPORT ON OPEN SPACE During its discussions on the assessment spread on Open DISTRICTS FINANCING Space District No. $, Council indicated concern regarding the recovery of the "seed money" required for the private maintenance contracts negotiated by the City. In a writ- ten report, Director of Parks ~ Recreation Hall said that the staffs of the Departments of Planning, Public Works, Finance and Parks and Recreation are in the final stages of preparing a procedural guide to act as a time reference document for the formation and administration of Open Space Districts. This should enable the devel- oper and City staff to expedite the formation, assessment and maintenance of new districts. Mr. Hall stated that staff's interpretation of Council intent is that the City should provide this type of in-kind service to expedite the formation of the districts for the benefit of the total community, and staff recommended continuation of the current operating policy. Discussion regarding In answer to a query fr~m Councilman Egdahl regarding the recovery of "seed money" specific recovery of "seed money," Mr. Hall stated that this year the City will recover one half of the seed money for District No. 3. To recover the second half next year, the amount will be included in the budget and bids re- quested, and if necessary, the assessment will be raised on the District at that time. District No. 3 is the only one to which the City has advanced money. Motion to accept It was moved by Councilman Scott, seconded by Councilman report and discuss Egdahl and unanimously carried that the report be accepted guide at Council and that sometime in the future when the guide is ready, Conference in that a Council Conference be scheduled on it. the future 29. REPORT ON ACCEPTANCE In accordance with Section 4.05 of the Landscape Main- OF OPEN SPACE DISTRICTS tenance Contracts for Open Space Districts No. 1, 2 and ~INTENANCE PERFORMANCE 3, Director of Parks and Recreation Hall reported he has (1976-77) found the maintenance performance in these districts to be satisfactory and he will authorize final payment due and payable upon the expiration of 5S days from July 1, 1977 to the following contractors: Environmental Care, Inc., for Open Space Districts Nos. 1 and $; and Quintus Enterprises for Open Space District No. 2. Motion to accept report It was moved by Councilman Scott~ seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS 50. RBCOMM~NDATION FOR The Historical Site Board on July 11, 1977 voted 4-0 to THE INCLUSION OF FOUR recommend the designation of the "Cordrey House," the SITES INTO THE "Bulmer House," "Our House," and the "First Congregational HISTORICAL SITES Church" as historical sites, omitting the regulations REGISTER relative to control of demolition and/or renovation, and to encourage the owners to maintain the sites. City Council Meeting -17- July 26, 1977 Motion to accept report It was moved by Councilman Hobel and seconded by Council- man Cox that the Board and Commission recommendation be accepted. Councilman Egdahl expressed his concern that the Council may be setting a precedent in designating a building con- structed in more recent years on an historical site to be included in the Historical Sites Register. He ques- tioned whether the Council is designating "buildings" or "land." He specifically made reference to the First Congregational Church built in 19S1. Tom Northrup, Administrator Mr. Northrup said that he is the Administrator of Vista ¥i~ta Hill Hospital Hill Hospital, a portion of which is referred to as the "Bulmer House." He asked if there is a possibility that changes made in the future might impose the regulations and restrictions not included at this time. He expressed his concern that they might have an effect on the daily operation of the hospital which could conflict with the State hospital regulations. No conflict with State City Attorney Lindberg said Mr. Northrup's question had hospital regulations been considered pre~iously and that the designation of the Bulmer House as an historical site would not in any way conflict with the requirements of operation under State law. First Congregational Councilman Hobel stated that on the basis of comments made Church deleted by Councilman Egdahl, he would hold out the First Con- from motion gregational Church from the motion at this time for fur- ther consideration. Motion carried Councilman Hobel restated his motion to accept the as restated Historical Site Board's recommendation to include the "Cordrey House," the "Bulmer House," and"Our House" as historical sites. Councilman Cox agreed to the second and the motion carried unanimously. Motion to refer item It was moved by Councilman Egdahl, seconded by Councilman back to Historical Hobel and unanimously carried that the Council refer this Site Board item back to the Historical Site Board, expressing the concern for establishing a precedent, and asking for their recommendation as to whether or not the Council should look at pieces of "land" or "buildings" as historic sites. 31. YEARLY STATUS REPORT The Environmental Control Commission/Historical Site Board OF THE ECC/HISTORICAL presented the Council a written summary of the activities SITE BOARD and accomplishments of the Commission and the Board for the fiscal year 1976-77. (Copy is on file in the City Clerk's office.) Motion to accept report It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the report be accepted. 32. REPORT ON HUMAN RELATIONS The Human Relations Commission submitted a written report CON,MISSION ACTIVITIES to the Council summarizing their activities for FY 1976-77 FOR FY 1976-77 and outlining their areas of current interest. (Copy is on file in the City Clerk's office.) Motion to accept report It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the report be accepted. City Council Meeting -18- July 26, 1977 Council appreciation Mayor Hyde expressed the Council's appreciation and thanks expressed for the initiative of both the ECC/Historical Site Board and the Human Relations Commission for summarizing their activities for the past year and submitting the reports to the Council. MAYOR'S REPORT Safety problem Mayor Hyde complimented the staff of the Public Works corrected - Telegraph Department for their prompt action in correcting the Canyon Road and safety problem at the intersection of Telegraph Canyon Hilltop Drive Road and Hilltop Drive which was discussed at the last Council meeting. Motion for Planning It was moved by Mayor Hyde and seconded by Councilman Cox Commission to consider the the Council direct the Planning Commission to con- rezoning the E1 Rancho sider rezoning the E1 Rancho del Rey P-C to some other del Rey area zone or zones as may be appropriate. Suggestion for Mayor Hyde noted that the P-C was adopted several years consideration of ago in the expectation that the City could effectively conventional zoning master plan a large area; however, due to frustrations and problems, he suggested that the Council consider if it would better serve the City to have a more conventional zoning pattern established for the E1 Rancho del Rey area. Consideration of In answer to a question from Councilman Hobel as to the rezoning may not be time period required to do this, Director of Planning appropriate prior to Peterson responded that he felt the Planning Commission reports from ACCORD could begin these types of hearings within the next two and Consultant months, but he would have to come back to the Council with a specific time schedule. Mr. Peterson questioned if it would be appropriate for the Commission to consider a zone change prior to ACCORD submitting their report and to the Consultant completing his report. Council discussion Council discussion followed concerning (1) the time elements for rezoning and for the planning currently under way; (2) the advice of the City Attorney' that the two maps submitted at the last Conference regarding E1 Rancho del Rey should be referred to the Planning Commission; and (3) the appropriateness of considering rezoning before reports are received from ACCORD and the Consultant. Suggestion that the Mr. Peterson suggested that the Council,even if rezoning Council may wish to is considered, may wish to continue the planning now in continue with current process and if a new General Development Plan is not planning as well as adopted, the present Plan might be refined or a Community rezoning Plan for the E1 Rancho del Rey area adopted as part of the General Plan. He said with standard zoning, develop- ment could move ahead in some areas and the de facto moratorium could be lifted. Substitute motion It was moved hy Mayor Hyde, seconded by Councilman Cox and unanimously carried that the Council ask the staff to comment next week (August 2) on th~ desirability of con- sidering a change of the E1 Rancho del Rey P-C to other conventional zoning. The Council concurred that this could be done as an oral report. City Council Meeting -19- July 26, 1977 Vacancy on Board Mayor Hyde announced that there is a vacancy on the of Ethics Board of Ethics. Motion to appoint It was moved by Mayor Hyde, seconded by Councilman Scott Allen Campbell and unanimously carried that Mr. Allen A. Campbell be appointed to fill that vacancy. Appointment to Mayor Hyde said that as a result of the resignation of Charter Review Committee- Mr. Haas from the Charter Review Committee, there is one Steve Morrison vacancy on this Committee. He announced that he is ap- pointing Mr. Steve Morrison to fill this vacancy. COUNCIL COb~iENTS Report to be made at In answer to a query from Councilman Hobel regarding a Redevelopment Agency letter from the State Office of Business Development con- meeting re: Japanese cerning criteria for a potential Japanese auto plant, plants Assistant City Manager Asmus said that a report will be made to the Council at the next Redevelopment Agency meeting on August 4. Request to extend Councilman Hobel said that Mr. Bob Nelson, Manager of the Councilman Camacho's MTDB, contacted him regarding the fact that the consulting term of(MTDB) Metropolitan contract is coming up and the term of the appointee of Transit District Board the City (Councilman Camacho of National City) will end in six months. Mr. Nelson asked if the Council would con- sider extending the term of Mr. Camacho for six months. A formal request will follow for Council action. Civic Recognition Banquet Councilman Cox announced that the Civic Recognition Banquet to be held October 13 will be held on October t3, 1977. He asked that the Council consider their nominations for the Civic Recogni- tion Awards so that he may h~ve them after the first of September. Recommendations of the Councilman Cox reported on the following recommendations Legislative Committee of the Legislative Committee: (1) SB 601. This Bill exempts persons, who in good faith, render emergency cardiopulmonary resuscita- tion, from liability for damages in civil suits. The Legislative Committee recommended that the Council go on record and write to appropriate Legislators supporting this bill. Motion to support It was moved by Mayor Hyde, seconded by Councilman Scott SB 601 and unanimously carried that the Council support SB 601. (2) AB 1956. Painting standard for single family dwellings. The League California Cities recom- mended that this bill be opposed as it will add to the inspections now required. The Legislative Committee concurred. Motion to oppose It was moved by Councilman Scott, seconded by Councilman AB 1956 Egdahl and unanimously carried that AB 1956 be opposed. City Council Meeting -20- July 26, 1977 (5) AB 644. Unemployment Insurance. ~his bill is a measure which implements the Federal legislation mandating unemployment insurance for state and local employees. The League of California Cities is attempting to modify this bill with three amend- ments. The Legislative Committee recommended that the Council oppose the bill until it is amended as suggested by the League. Motion to oppose It was moved by Councilman Scott, seconded by Councilman AB 644 Egdahl and unanimously carried that AB 644 be opposed. (4) AB 1931. Restrictive Force Account Legislation - Public Works. This bill related to awarding of contracts for Public Works contracts. The City staff and the Legislative Committee recommended that this bill be opposed. Motion to oppose It was moved by Councilman Hobel, seconded by Councilman AB 1931 Scott and unanimously carried that AB 1931 be opposed. Suggestions for (5) The League conference will be held in September~ resolutions and the deadline for passing resolutions for that conference is August 9. The Legislative Committee recommended that staff be directed to come back next week with suggestions on specific items which should be covered by resolution for legislative changes. One item is the Brown Act and the Legislative Committee is recommending a revision to permit executive sessions for "operational problems," which would include personnel when it relates to performance. A second item would be concerning the "Moscone Act" - AB 1265 - regarding appointments to Boards and Commissions. This bill has been modified so that it circumvents the Council's original position. The Legislative Committee suggests that staff prepare a resolution recommending changes in the "Moscone Act." A ~hird item is a Court decision regarding sick leave - that the number of days cannot be limited by rule, but that the employee is entitled to all earned sick leave. Motion for staff to It was moved by Councilman Scott, seconded by Mayor Hyde draft resolutions and unanimously carried that the staff be directed to draft resolutions as suggested, and on any other items they may deem appropriate for the Council to consider. Staff report to be made Councilman Cox qBesti~e~ if the staff has had a response regarding street improve- from the County regarding use of the 1911 Block Act to ments at intersection of complete street improvements at the southeast corner of Hilltop and "H" Street Hilltop and "H" Street. Director of Public Works Robens said a letter has been received from County staff agreeing; however, the property owner at that corner does not accept thc proposal. A report will bc coming to the Council in two or three weeks. City Council Meeting -21- July 26, 1977 Street improvements on Councilman Egdahl questioned the status of the construc- Telegraph Canyon Road tion of the curb, gutter, sidewalk and bike path on the north side of Telegraph Canyon Road along the Junior High School property. Mr. Robens explained that the 1911 Block Act cannot be used in this instance. City Attorney Lindberg said that this is a matter that would have to be negotiated with the School District. Staff will be making a report on this item also in one or two weeks. Low Income Councilman Egdahl announced that a copy of the minutes Housing Committee and actions of the Mayor's ad hoc Committee on Low Income Housing is available to the Council for their review from the meeting held last Thursday. Councilman Hobel to Comncilman Hobel requested permission to be absent from be absent from meeting the Council meeting next Tuesday (August 2) as he will be on August 2, 1977 attending the National League of Cities Western Regional Conference. Motion to grant It was moved by Mayor Hyde, seconded by Councilman Scott permission to and unanimously carried that permission be granted. Councilman Hobel to be absent Approval given to Director of Public Works Robens reported that he received retain trees along a call from CALTRANS, who had talked to FHWA [Federal "F" Street near Highway Administration) and they have informed Staff that Library they will support not removing the trees on "F" Street on a temporary basis in connection with the widening of that street until such time as they consider the intersection at Fourth and "F" Street to be an unsafe intersection due to the accident rate~ ADJOURNMENT Mayor Hyde adjourned the meeting at 9:06 p.m. to the regular meeting scheduled for August 2, 1977 at 7:00 p.m. in the Council Chambers, City Hall. JENNIE M. FULASZ, CMC City Clerk Deputy City Clerk