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HomeMy WebLinkAboutcc min 1977/06/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. June 28, 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 Planning Peterson, Director of Public Works Robens, Director of Finance Grant, Director of Personnel Bigge, Director of Building and Housing Grady 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 Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of June 21, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF Mayor Hyde introduced Mr. Nodzak, a member of the Board COUNCIL GUEST, of Directors of the Chamber of Commerce and owner of the ANDY NODZAK Janitor's Closet. ORAL COMMUNICATIONS There were no oral communications. 3. WRITTEN COFg{UNICATIONS There were no written communications. PUBLIC HEARINGS AND RELATED RESOLUTIONS 4. PUBLIC HEARING - The public hearing on the budget for FY 1977-78 was con- CONSIDERATION OF tinued from the meeting of June 21, 1977 by Council action. ADOPTION OF THE Mayor Hyde reopened the public hearing. BUDGET FOR FY 1977-78 (Continued from June 21, 1977) Traffic lights on Mayor Hyde noted that the Council had previously indicated "L" Street at 1st and they would consider the question of the installation of 2nd Avenues not included traffic lights at First and "L" and Second and "L" and in CIP these were not included in the staff recommendation regard- ing the Capital Improvement Program. Motion to consider It was moved by Mayor Hyde and seconded by Councilman installation of lights Hobel that the Council consider including in tile CIP for on "L" Street the next budget year the installation of traffic lights at First and "L" Street and Second and "L" Street as previously discussed. City Council Meeting -2- June 28, 1977 Council discussion Council discussion with staff followed concerning (1) the cost of installing these signals (approximately $70,000); (2) priorities for installation of signals throughout the City and the total cost of such installations; (3) the warrant system used for traffic signal installation; (4) various methods of effectively controlling the speed of traffic; (S) traffic studies taken on "L" Street; (6) the use of progressive grid systems for controlling traffic; and (7) possible funding sources available for signal in- stallations. Gas Tax funds In answer to query from Mayor Hyde, Assistant City Manager available Asmus said that the new budget summary indicates there is approximately $56,800 (unallocated) in Gas Tax funds to June 30, 1978. Linwood Newton Mr. Newton spoke in opposition to the expenditure of funds 622 Carla Avenue for the installation of the traffic signals declaring that Chula Vista other areas are more in need of signals. He expressed his concern regarding the increase in air pollution, fuel con- sumption, arid noise with the installation of signals. Warren Pearson Mr. Pearson commented on the concern of residents on "L" 1S6 "L" Street Street because of the traffic conditions and the fact that Chula Vista the signals may not be installed. He reviewed action taken by the Council at the meeting of January 5, 1977 and said that in answer to his question, the Council stated, "You may tell the people that the traffic signals will go in - at the best, during this fiscal year and at the worst, by the end of the calendar year." He asked that the Council honor this promise. Clarification of Mayor Hyde clarified that the motion was to authorize the motion expenditure for installation of stoP lights at First and "L" and Second and "L", at an estimated cost of $70,000. Motion carried The motion to install traffic signals on "L" Street carried by the following vote: AYES: Mayor Hyde, Councilmen Cox, Hobel Noes: Councilmen Scott, £gdahl Absent: None Motion to use Gas Tax It was moved by Councilman Scott, seconded by Councilman and Revenue Sharing funds Hobel and unanimously carried that Gas Tax funds in the amount of $S6,000 be used and the balance of the cost taken from Revenue Sharing funds (for the installation of the signals). Staff report on schedule The Council requested that the staff bring back a schedule of completion to be (in two weeks) for the completion of these projects. made in 2 weeks Motion to give signals It was moved by Councilman Egdahl, seconded by Councilman on "L" Street priority Scott and unanimously carried that when the staff brings their report back on the timing on these two lights, that they do so in the light of giving it their first priority - in design and ~xecution for the signal projects. City Council Meeting -3- June 28, 1977 Public hearing closed There being no further conunents, either for or against, the public hearing was declared closed. 4a. RESOLUTION NO. 8686 - Offered by Councilman Scott, the reading of the text was APPROVING THAT CERTAIN waived by unanimous consent, passed and adopted by the MEMORANDUM OF UNDER- following vote, to-~it; STANDING CONCERNING WAGES AND OTHER TERMS AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde AND CONDITIONS OF Noes: None EMPLOYMENT BETWEEN THE Absent: None CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE- FIGHTERS AFL-CIO FOR FISCAL YEAR 1977-78 4b. RESOLUTION - Mayor Hyde announced that there is no Memorandum of Under- APPROVING Tt~T CERTAIN standing with the Police Officers Association for FY 1977-78. MEMORANDUM OF UNDER- STANDING CONCERNING It was moved by Mayor Hyde and seconded by Councilman Scott WAGES AND OTHER TERMS that the resolution under Item 4b be filed. AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE RELIEF ASSOCIATION FOR FISCAL YEAR 1977-78 (JULY 1, 1977 TO JUNE 30, 1978) Tom Stille Police Agent Stille said that at the Council meeting on Police Relief June 14, the Police Officers Association asked that nego~ Association tiations be resumed and that a third neutral party be brought in. The Council agreed to mediation, and on June 21, a State Counciliator offered a solution which the Association accepted - a 4% pay increase and a built-in clause to include an upgraded retirement program of 2% at 50 within a five-year period. The Council rejected this offer. Mr. Stille added that the membership is still asking for the 2% at 50 retirement benefit and would be willing to forfeit a pay raise. Motion carried The motion to file the resolution, Item 4b, carried unani- mously. 4c. RESOLUTION NO. 8687 - In answer to a query from Councilman Scott, City Manager APPROVING AND ADOPTING Cole said that the salary of members in the Police Officers AMENDMENTS TO RULE II Association has been increased by 4-1/2%, which equates to OF THE CIVIL SERVICE 5.1% including benefits, and is included in this resolution. RULES RELATING TO THE CLASSIFICATION AND It was moved by Councilman Egdahl, seconded by Councilman COMPENSATION OF Hobel and unanimously carried that an Executive Session be CLASSIFIED EMPLOYEES held to discuss this matter at this time for personnel AND AMENDMENTS TO negotiations. CERTAIN OTHER CIVIL SERVICE RULES FOR FISCAL YEAR 1977-78 EXECUTIVE SESSION The Council recessed to Executive Session for personnel negotiations at 7:48 p.m. and the meeting reconvened at 8:00 p.m. City Council Meeting ~4- June 28, 1977 No change in Mayor Hyde announced that the Council has considered the Council position remarks of Mr. Stille on bekalf of the Police Officers Association and discussed the Council's position, lie said that while the Council is aware of the concern of the Association with regard to the retirement suggestion, the Council, after considering it once again, adheres to their basic position. He expressed the Council's regret that a satisfactory agreement has not been reached. 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, Hobel, Cox, Hyde, Scott Noes: None Absent: None 4d. RESOLUTION NO. 8688 - Offered by Councilman Cox, the reading of the text was ESTABLISHING THE waived by unanimous consent, passed and adopted by the COMPENSATION PLAN FOR following vote, to-wit: CERTAIN UNCLASSIFIED EMPLOYEES, BOTH FULL- AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel TIME AND PART-TIME OF Noes: None THE CITY OF CHULA VISTA Absent: None AND PROVIDING FOR CERTAIN TERMS AND CONDITIONS OF EMPLOYMENT FOR THE FULL- TIME UNCLASSIFIED EMPLOYEES 4e. RESOLUTION NO. 8689 - The Council discussed with the staff various aspects of the APPROVING THE ADOPTION recorder to be installed with the Centrex System in the OF THE FINAL BUDGET OF Library when it is opened on Sundays, and the additional THE CITY OF CHULA VISTA cost of $410. FOR THE FISCAL YEAR BEGINNING JULY 1, 1977 The Council also discussed balancing the budget - with an- AND ENDING JUNE 30, 1978 ticipated revenues and authorized expenditures. Assistant City Manager Asmus reviewed this matter in detail and said the staff was comfortable with the current percent of re- serves. He said it is hoped to close the gap and balance the budget this budget year, with expenditures not exceeding revenues. City Manager Cole commented that in this budget, there are no General Funds being used for the Capital Improvement Program. He said that in the next budget year, the Council may have to review their policies regarding the use of other sources of funds. Resolution offered, Offered by Councilman Egdahl, as amended (by installation as amended of "L" Street traffic signals), reading of the text was waived, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hyde, Scott Noes: None Absent; None City Council Meeting -S- June 28, 1977 5. PUBLIC HEARING - Tkis being the time and place as advertised, Mayor Hyde CONSIDERATION OF APPEAL opened the public hearing. OF PLANNING CO~ISSION DENIAL OF REQUEST FOR Director of Planning Peterson said that in August 1974, DELETION OF CONDITION the City Council granted an appeal by the applicant, thus IN CITY COUNCIL RESOLU- approving a conditional use permit for the incidental sale TION NO. 7427 LIMITING of beer and wine in conjunction with a restaurant located THE HOURS OF OPERATION at 937 Otay Lakes Road in the C-N zone. The Council voted FROM 7:00 A.M. TO unanimously to restrict the hours of operation to 11:00 p.m. 11:00 P.M. FOR On May 2S, 1977 the Planning Commission denied the appli-  RESTAURANT AT 937 cant's most recent request to remove the limitation as to OTAY LAKES ROAD IN the hours of operation. The applicant is again appealing THE C~N ZONE -~ the decision to the City Council. JACK BLAKELY Jack Blakely Mr. Blakely said he owns and operates Blakes Restaurant at 466 Quail Court 937 Otay Lakes Road. He asked that the Council favorably Chula Vista consider his request to extend the hours of operation to 12:00 midnight, Monday through Thursday, and 1:00 a.m. on Friday and Saturday. (The restaurant will be closed on Sundays.) Mr. Blikely's comments included (1) a petition signed by 169 customers in favor;(2)the restaurant could serve members of the community attending functions at the College; (3) there is no record of any complaints from residents; (4) a pizza restaurant nearby has no restriction on hours of operation; and (S) a 7/11 store is open 24 hours. Additional petition Mr. Blakely submitted an additional petition to the Council submitted signed by six of the twelve residents in the immediate area, explaining that two residents declined to sign and four were not at home when the petition was circulated. John M. Blakely Mr. John Blakely said he is the son of Mr. Jack Blakely. 2425 "B" Street He made a brief presentation in favor of the appeal stating San Diego (1) there would be no noise problem; and (2) the restaurant serves as social gathering and eating establishment for members of the entire community attending Bonita Vista High School or Southwestern College functions. Norm Hensley Mr. Hensley spoke against granting the appeal, stating that 944 Wayne Avenue this is a C-N zone where homes are close to a shopping Chula Vista center. He expressed his concern regarding the potential noise at a later hour and that wine and beer might become the central theme of the business. Donald Cousino Mr. Cousino said that he had no objections to the restaurant 1660 Ithaca Street but was concerned that it might become a neighborhood Chula Vista "tavern." Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. Motion to grant appeal It was moved by Councilman Hobel and seconded by Councilman and request for report Cox that the appeal be granted with the hour stipulation of in one year 12;00 midnight Monday through Thursday, and 1:00 a.m. closing time on Friday and Saturday~ and that in one year, a report be made back to the Council as to whether there is any sub- stantiated complaints, but not directing the staff to monitor the operation. City Council Meeting -6. June 28, 1977 Concern over Councilman Scott expressed his concern that in granting deterioration of extended houra, the C-N zone is deteriorating and has no C-N zone meaning. However, he supported granting Mr. Blakely's appeal unless the Council took action to modify the hours of operation of the other business establishments in this area, Councilman Egdahl stated he could support the request if the hours were restricted to 12:00 midnight six nights a week. 4/5's vote required Mayor Hyde noted that this matter would require a four- fifths vote to grant the appeal. He spoke against the motion, stating he felt the proper action was to correct the deterioration of the C-N zone to the extent possible. Amendment to motion It was moved by Councilman Hobel that the motion be amended to extend the hours of operation to 12:00 p.m., six days a week (Monday through Saturday). Councilman Cox agreed to the second. Motion clarified Mayor Hyde clarified that at the end of one year a report will be made to the City Council as to the status of the satisfactory operation under the new hours. Motion carried, The motion to grant the appeal, as amended, carried by the as amended following vote, to-wit: AYES: Councilmen Hobel, Cox, Scott, Egdahl Noes: Mayor Hyde Absent: None Motion for report It was moved by Councilman Scott, seconded by Mayor t~de and recommendation and unanimously carried that the Council direct the Plan- from staff regarding ning staff to look into all the C-N zones and make any C-N zones recommendations and changes in the present occupants that may not adhere to the original inteht 6f the C-N zone,, and make a S~a~ent to the Cbuniil whether this is good or bad or i~ 0the~ changes should be made, with a report to come back in three months. RECESS A recess was called at 9:07 p.m. and the meeting reconvened at 9:17 p.m. 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. TENTATIVE SUBDIVISION MAP FOR CHULAS CASITAS The applicant submitted a tentative subdivision map in order NO. 1 to divide 1.21 acres of property located near the southeast quadrant of First Avenue and "H" Street in~o 5 lots in the R-1 zone. The Negative Declaration on IS-77-16 for this p~oject was certified by the Planning Commission on June 8, 1977. The Planning Commission recommended that the Council approve the tentative map in accordance with their Resolu- tion PCS-77~4. Drainage ditch Director of Planning Peterson called attention to the drain- to be improved age ditch crossing the northerly portion of the lots which the developer is proposing to improve. Mr. Peterson de~ scribed the improvements of the cul-de-sac serving the lots, parking, and access of other lots to the cul-de-sac. City Council Meeting -7~ June 28, 1977 Council discussion ensued concerning the improvements to the ditch, fencing or retaining walls along the ditch that might be required, and that the improvements will solve any drainage problem. In answer to a question from Mayor Hyde, Director of Public Works said that if the developer puts in a grass-lined channel with a trickle flow, it will be maintained by a komeowners association which will be formed if needed for this purpose. The portion of the channel across lot 5 will be undergrounded. Hans Busch Mr. Busch expressed his concern over the drainage problem, 80 "H" Street but was not opposed to the development. He Said there has Chula Vista been major problems with the drainage in this area, particu- larly during heavy storms, and wanted to go on record that he felt it is the City's obligation to provide adquate drain- age as more houses are being built. Drainage pipe to be Director of Public Works Robens stated that the design of designed to handle the pipe - the covered portion - will be designed for storm storm waters situations, and there should be no back up of water. Bill Ansley Mr. Ansley said he is one of the principals involved in 555 "K" Street this development and assured the Council that the engi- Chula Vista neering problem would be handled so there would be no re- striction of water. He said the intention is to fence the rear lot lines and it is possible that, as an alternate plan, the entire ditch along this development will be under- grounded. Roy Nelson Mr. Nelson said he felt the City should take an interest 88 "H" Street in the drainage problem as his property was flooded at one Chula Vista time and continued building is causing more and more water to flow in the ditch. He expressed a concern about the ditch being covered and heavy equipment not being able to come in and clear it, if necessary. Hazel Cooper Ms. Cooper said she was concerned with the access to the 91 Shasta Street back of her property. She asked if there was any possible Chula Vista way they could retain this access as a place to park their boat and motorhome. Mr. Robens said the staff will work with the developer on this. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. 6a. RESOLUTION NO. 8690 - Offered by Councilman Hobel, the reading of the text was APPROVING TENTATIVE waived by unanimous consent, passed and adopted by the SUBDIVISIONMAP FOR following vote, to,wit~ CHULAS CASITAS NO. 1, AND CERTIFYING THE AYES: Councilmen Hobel, Cox, Hyde, Scott, Egdahl NEGATIVE DECLARATION Noes: None Absent; None 7. PUBLIC HEARING ~ At the meeting of June 14, 1977 the Council indicated its INTENT TO REVOKE TIlE intent to continue this public hearing. PA}~BROKER LICENSE OF MARTIN L. ALTBAUM It was moved by Mayor Hyde, seconded by Councilman Egdahl 2S5 THIRD AVENUE and unanimously carried that this matter be continued to KNOWN AS COIN MART the meeting of July 19, 1977 rather than July 12, because of the availability of witnesses involved. City Council Meeting -8- June 28, 1977 RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 8691 ~ A square footage valuation, with unit costs for frills, is APPROVING AND ADOPTING established for each category of buildings to provide a UNIFORM BUILDING basis for collecting a permit fee. These valuations are VALUATIONS provided to the International Conference of Building Offi- cials by Marshall and Stevens, valuation engineers, and are based on the actual cost of constructing only the building. The Board of Appeals and Advisors recommended that the Council adopt the new valuation schedule to become effective July 1, 1977. This will increase building valuations by approximately 6.5% and produce building permit revenues of approximately $5,222 per $1,000,000 building valuation. 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 9. RESOLUTION - The County of San Diego and its incorporated cities are DESIGNATING LOCAL required by Section 66796 of the Government Code to desig- ENFORCEMENT AGENCY FOR nate an enforcement agency to carry out the provisions of CLASS 1 SOLID WASTE the Z~berg-Kapiloff Solid Waste Control Act of 1976 (AB 2439). FACILITIES AND HEALTH/ The law states the enforcement agency should be designated NON-HEALTH RELATED by July 1, 1977 and if none is designated, the State Solid SOLID WASTE STANDARDS Waste Management Board becomes the enforcement agency. UNDER THE Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT Staff recommended that the Council take no action at this OF 1976 time due to the problems regarding this issue existing between the County and the City of San Diego and a lack of information regarding administration of the Act. Motion to take It was moved by Mayor Hyde, seconded by Councilman Cox and no action unanimously carried that the Council take no action on this matter, per staff recommendation. 10. ORDINANCE NO. 1754 - %he City Council directed that an ordinance be prepared AMENDING CHAPTER 3.44 establishing a limitation of $80,000 for fiscal year 1977-78 OF THE CHULA VISTA for major industrial and commercial utility users and to MUNICIPAL CODE BY change the basis of the imposition from a tax on the gross ADDING THERETO A NEW billing to a factor imposed upon kilowatts of electricity SECTION 3.44.022 AND and therms of gas. A new purpose and intent section was AMENDING SECTIONS also added to the ordinance setting forth the City Council's 3.44.010, 3.44.040A, concern and reasons for making such a change. AND 3.44.050A, ALL RELATING TO MAXIMUM LIMITATIONS ON AND FIXING THE BASES FOR ELECTRICAL AND GAS UTILITY USERS' TAX RATES - FIRST READING AND AJ)OPTION Ordinance placed on It was moved by Councilman Egdahl that this ordinance be first reading and adopted placed on its first reading and adopted and that the reading of the text be waived by unanimous consent. City Council Meeting -9- June 28, 1977 Speaking against motion Councilman Cox spoke against the motion stating it satis- fied the needs of one business in the City and this should be shared by all businesses in the community. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde Noes: Councilmen Cox, Scott Absent: None 11. RESOLUTION NO. 8692 - In accordance with the provisions of the ordinance amending APPROVING AGREEMENT the utility users tax adopted by the City Council, an agree- BETWEEN THE CITY OF ment with Rohr Corporation has been prepared providing for CHULA VISTA AND ROHR the payment of a maximum tax of $80,000 for the year 1977-78 CORPORATION FOR PAYMENT on a quarterly basis commencing July 1, 1977. OF UTILITY USERS,TAX AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agreement amended It was moved by Mayor Hyde, seconded by Councilman Hobel and unanimously carried that in the Agreement under the first "whereas" - fourth line - the words "telephone service and" be deleted. Resolution offered, Offered by Mayor Hyde, as amended, reading of the text was as amended 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 12. RESOLUTION NO. 8693 - At the meeting of June 21, 1977 the City Council directed ACCEPTING BIDS AND that a resolution be prepared accepting bids and awarding AWARDING CONTRACT FOR a contract to T.B. Penick and Sons, Inc. for Alternate B, CONSTRUCTION OF as reported in the bid proposal, in the amount of $7,657.56 IMPROVEMENTS IN THE for construction of improvements in the 500 block of Center 500 BLOCK OF CENTER Street. STREET AND APPROPRIATING FUNDS The City will participate in the project to a maximmn amount of $4,285. Upon completion of the improvements, the City will accept the maintenance of the improvements. 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, Egdahl Noes: None Abstain: Councilman Scott Absent: None Councilman Scott commented that he abstained on this resolu- tion as he did not have an~ background information since he was not present during previous meetings when the Council considered this matter. 13. RESOLUTION . The following bids were received on June 16, 1977 for the ACCEPTING BIDS AND construction of street lights on "F" Street between Fourth AWARDING CONTRACT FOR Avenue and Church Avenue: CONSTRUCTION OF STREET LIGHTS ON "F" STREET Perry Electric, Spring Valley $15,403 BETWEEN FOURTH AVENUE Select Electric, San Diego $16,661 AND CHURCH AVENUE Arrow Electric, Lemon Grove $17,129 MACO Services, Inc, San Diego $18,875 City Council Meeting -10- June 28, 1977 The street light improvements have been budgeted as part of the "F" Street widening project - Gas Tax project 55. It was recommended that the contract be awarded in the amount of $15,405 to Perry Electric, the low bidder. Question on type of Councilman Cox commented that the Town Centre Business and lights to be installed Professional Association and the Town Centre Project Area Committee are considering various types of street lights to be included in the Town Centre area. He asked if the lights to be installed on "F" Street between Fourth and Church would be of the same specific type. Lights to be standard Director of Public Works Robens responded that the lights City lights on "F" Street will be standard city street lights - not a specific type. Speaking against Councilman Cox spoke against the resolution under Item 13, resolution stating that with the library facility and the work planned for the shopping center, it would be logical to include the whole type of design into the "townscape." Light demonstration to be In answer to a query from the Council, Mr. Robens said given on July 6, 1977 consideration is being given to different types of lighting fixtures for the Town Centre and the San Diego Gas and Electric Company will be giving a demonstration on July 6 of fixtures that will fit in with the Townscape on Third Avenue. Motion to continue It was moved by Councilman Hobel, seconded by Councilman Item 13 for one week Egdahl, and unanimously carried that this item be continued for staff report for one week for a report from staff (concerning time con- straints on the installation of lights on "F" Street). 14. RESOLUTION NO. 8694 - In 1976 Mr. Joseph L. Henderson of 312 Hilltop Drive con- DETERMINING THE AMOUNT tracted for and constructed an extension of a sewer main OF MONEY WHICH SHOULD BE to serve his property, paying for the entire cost. Mr. ASSESSED AGAINST CERTAIN Henderson requested a repayment diagram to reimburse him PARCELS OR PROPERTY PRIOR for a portion of his cost for constructing the sewer main TO MAKING SEWER CONNECTION extension in the amount of $593.50 plus 7% simple interest BECAUSE OF BENEFIT RECEIVED for a period of 20 years. Other properties served by the BY SAID PARCELS BY THE sewer main would pay their fair share of the cost at the CONSTRUCTION OF SEWER time they connect to the sewer. FACILITIES IN THE 300 BLOCK OF HILLTOP DRIVE AND APPROVING REIMBURSE- MENT WITH JOSEPH L. HENDERSON 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 -11- June 28, 1977 ISa. ORDINANCE NO. 1755 - On November 5, 1976 John E. Helm filed a petition for APPROVING THE ANNEXA- annexation to the City of 2.32 acres of property for the TION TO THE CITY OF purpose of obtaining comprehensive city services to support CERTAIN UNINHABITED proposed apartment units. The property is located approxi- TERRITORY KNOWN AND mately 300 feet north of Bonita Road, contiguous to the DESIGNATED AS THE westerly right of way of Interstate 805. It is situated HELM/I-80S A~FNEXA- at the southeast corner of the proposed Morgan and Gardner TION - FIRST READING Subdivision. On June 6, 1977 the Local Agency Formation Commission approved the Annexation. Ordinance placed It was moved by Councilman Egdahl that this ordinance be on first reading placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Cox, Hyde, Scott Noes: None Absent: None 15b. RESOLUTION NO. 8695 - Offered by Councilman Scott, the reading of the text was WITHDRAWING CERTAIN waived by unanimous consent, passed and adopted by the REAL PROPERTY KNOWN following vote, to-wit: AND DESIGNATED AS THE HELM/I-805 ANNEXATION AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde FROM THE LOWER SWEETWATER Noes: None FIRE PROTECTION DISTRICT Absent: None 16. RESOLUTION NO. 8696 - The agreement is the result of a coordinated effort between APPROVING AGREEMENT the City of Chula Vista and the San Diego Unified Port BETWEEN THE CITY OF District staff to arrive at a mutually beneficial maintenance CHULA VISTA AND THE contract for the landscaped area at the "J" Street Marina. SAN DIEGO UNIFIED PORT DISTRICT FOR MAINTENANCE AT "J" STREET MARINA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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, Hobel, Cox, Hyde, Scott Noes: None Absent: None 17. RESOLUTION NO. 8697 - Late last year the City of National City requested that the APPROVING AMENDMENT City of Chula Vista take appropriate steps to insure control TO THE GENERAL PLAN FOR over the design of any development occuring in Chula Vista APPROXIMATELY 5.9 ACRES near the intersection of Edgemere Avenue and 30th Street LOCATED IN THE SOUTHWEST due to the proximity of their Town and Country Center to QUADRANT OF $0TH STREET this area. AND EDGEMERE AVENUE, FROM RESEARCH AND The Council adopted an ordinance placing the "P" Modifying LIMITED INDUSTRIAL TO District on the area and directed staff to study the General RETAIL CO~ERCIAL Plan Designation and basic zoning. The study concluded that (Continued from property could develop commercially and industrially in June 21, 1977 conformance with the existing zoning or that zone boundary linea could be adjusted at such time as market demand for the property is known or a development proposal is made. City Council Meeting -12~ June 28, 1977 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent. Reference to Councilman Scott referred to the drainage problem discussed drainage problem by Mr. De Lucia on May 10, 1977. He felt the resolution should not be adopted until this - or any other problem - has been resolved. Director of Planning Peterson explained that National City had asked the Council to take an action to place additional design control measures on properties in this area,which was done when the "P" Modifying District was placed on the property, thus fulfilling National City's request. The staff is now merely recommending that the General Plan be brought into conformance with the zoning. (Councilman Hobel left the podium at this time - 10:00 p.m.) Resolution adopted The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Egdahl Noes: Councilman Scott Absent: Councilman Hobel 18. REPORT OF THE CITY MANAGER Discussion of City Manager Cole said that the Council had asked for a Council Conference Council Conference in September to consider the proposed regarding Transit Transit System and proceeding with the Transit Development Development Program Program. A memorandum from the Public Works Department indicates this will create a problem in scheduling submission of applications for funds. It is requested that the Council consider having the discussion on the Transit Development Program as early as possible. The date of July 28 is open. Motion for Council It was moved by Councilman Scott and seconded by Councilman Conference on July 28 Cox that the meeting (Council Conference) be scheduled for July 28, 1977. Director of Public Works announced that he will be on vacation on July 28. He suggested the date o£ July 14. (Councilman Hobel returned at this time - 10:05 p.m.) Joint meeting proposed City Manager Cole noted that July 14 is the proposed date for July 14, 1977 with for the joint meeting with ACCORD, Planning Commission and ACCORD, Planning the Consultant, Tom Cooke, with the meeting to be held at Commission and 7:00 p.m. Tom Cooke Alternatives discussed Councilman Egdahl proposed that the Council Conference be cancelled for July 28 and moved to the afternoon of July 14 to consider the Transit Development Program - for one hour. Councilman Hobel asked about the presentation to be scheduled by the Public Works Department on the assessment procedures and the presentation on Telegraph Canyon Road. Motion withdrawn Councilman Scott withdrew his motion. Councilman Cox agreed to the second. City Council Meeting ~13~ June 28, 1977 Motion for Council It was moved by CounciLman Hobel and seconded by Councilman Conference in two Egdahl that the Council Conference be set on July 14 in sessions - 4:00 and the afternoon (4:00 p.m.) on E1 Rancho del Rey - the sched- 7:00 p.m., July 14, 1977 ule, the assessment district report, the reimbursement pro- cedures on Telegraph Canyon Road -- with staff to come back with a proposed agenda next week; and in the evening (7:00 p.m.) schedule the consultant, ACCORD and the Planning Commission. In answer to query from Councilman Hobel, Mr. Robens stated that he could report on the assessment district tonight - the district, the schedule and all, is tied into the adoption of a plan so the staff cannot move forward on the assessment district until there is a plan. He said a report will be ready on the reimbursement district for Telegraph Canyon Road on July 14. Motion carried The motion for the Council Conferences on July 14 at 4:00 p.m. and 7:00 p.m. carried unanimously. Motion for Council It was moved by Councilman Cox, seconded by Councilman Conference on July 21 Scott and unanimously carried that a Council Conference be scheduled for July 21 at 4:00 p.m. to consider the Transit Development Program. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 19. REPORT ON FORMATION OF In a written report, Director of Public Works Robens stated THE SAN DIEGO REGION that the City has been invited to join the proposed San WATER RECLAMATION AGENCY Diego Region Water Reclamation Agency, and a review has disclosed certain potential inequities in the draft joint powers agreement as prepared by County staff. Staff recom- mended that the Council direct them to actively seek and support (1) modification of the first year cost distribution formula; and (2) participation by the Metropolitan Sewerage System as a unit. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the status report be accepted. 20. REPORT ON CAR POOLING On March 1, 1977 the Council requested that the staff examine WITH CITY VEHICLES the possibility of instituting a car pooling arrangement using City vehicles. Assembly Bill 3267 authorizes the use of City or State automobiles for employee car pools with the employees reimbursing the agency for vehicular costs. After investigation, the staff recommended (1) that the City not attempt to institute employee car pools using City vehicles; (2) provide positive incentives to encourage employee car pools using employee cars; and (3) that Com- muter Computer Staff be requested to make a presentation to the City Council. Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the report be accepted. REPORTS, REQUESTS AND RECO~ENDATIONS OF CITY BOARDS AND CO~4MISSIONS 21. REQUEST TO FORWARD The Human Relations Commission requested permission to for- RECO~glENDATION FOR ward a letter to Congressman Lionel Van Deerlin to ascertain CONGRESSIONAL WAIVER if there is a possibility of introducing a congressional FOR APPLICANT TO THE waiver to permit the entrance of Robert E. Taylor of 701 AIR FORCE ACADEMY Fifth Avenue into the Air Force Academy. Because of a vision problem, Mr. Taylor is precluded from becoming an Air Force Pilot, however, he could be appointed to the Academy and specialize in another area of endeavor. City Council Meeting -14- June 28, 1977 Motion to accept It was moved by Councilman Hobel and seconded by Councilman recommendation Cox that the Commission recommendation be accepted to send a letter to Congressman Fan Deerlin. Mayor Hyde spoke against the motion, stating it is not a proper role of the Commission to become involved in such things as petitioning in behalf of an individual in a routine transaction, and although it was done with the best of intention, it could set a precedence for similar requests. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilman Hobel NOES: Councilmen Cox, Hyde, Scott, £gdahl Absent: None MAYOR'S REPORT Complaint received Mayor Hyde said he had received a complaint from some resi- regarding red curbing dents of a trailer park on "G" Street between Broadway and on "G" Street Interstate 5 with the request that the red curbing be changed. He investigated and found that apparently some of the red curbing is no longer applicable since the street was closed off when the freeway was widened. Motion for red curbing It was moved by Mayor Hyde, seconded by Councilman Cox and to be re-examined unanimously carried that the staff be directed to re-examine by staff the red curbing on the north side of "G" Street from Broadway to the end of the western terminus of the street to see if it needs revision. COUNCIL COMMENTS Motion to approve It was moved by Councilman Cox, seconded by Councilman City Clerk's vacation Hobel and unanimously carried that the City Clerk's re- request quest for vacation be approved (July 11 - 20, 1977). Report on Cities Councilman Egdahl reported that the Cities Advisory Com- Advisory Committee mittee for LAFCO will continue in existence, with the for LAFCO meeting time changed to 9:30 a.m. New policy proposed Councilman Egdahl said a special meeting of the Policy by Council for RETC Board of RETC was held today to approve contracts under Policy Board Title VI and the agreement and special conditions for the Consortium. Both the County and the City of San Diego have dropped Paragraph 28 which had a 22 day veto provision. The County has now made a proposal, and it was adopted today by the RETC Board, which provides that on any item of $10,000 or more, the staff of R£TC would report it to the Assistant Chief Administrative Officer of Human Resources who would then report it to the Board of Supervisors. If any Supervisor wishes to speak to that item, the item would then be held until the next Policy Board meeting 30 days later when the Supervisor could argue his case. The Policy Board's decision at that meeting would be final. The same privilege will be extended to the City of San Diego. Motion to oppose It was moved by Councilman Scott and seconded by Mayor Hyde proposed policy that the City of Chula Vista oppose this latest policy. of RETC Policy Board The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde Noes: None Absent: None City Council Meeting -15- June 28, 1977 City Concerts Councilman Egdahl commented on the concerts in the park. He said the attendance was not outstanding, and suggested that next year the San Diego Symphony would be a good opener to get people interested. He also suggested that more publicity be given to the concerts. AJOURNMENT Mayor Hyde adjourned the meeting at 10:31 p.m. to the regular meeting scheduled for Tuesday, July 5, 1977 at 7:00 p.m. in the Council Chambers. JENNIE M. FULASZ~ CMC City Clerk Deputy City Clerk