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HomeMy WebLinkAboutcc min 1977/04/26 (2) MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. April 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, with the following Councilmen present: Mayor Hyde~ Councilmen Hobel, Cox, Egdahl Councilmen absent: None Vacancy: Council Seat No. 3 Staff present: City Manager Cole, City Attorney Lindberg, Director of Public Works Robens, Current Planning Supervisor Lee, Director of Parks & Recreation Hall, Purchasing Agent Espinosa 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 Egdahl and unanimously carried that the minutes of the meetings of April 14 and 19, 1977 be approved, copies having been sent to each Councilman. Introduction of Mayor Hyde introduced Mr. Vince Davies, member of the Council Guest Board of Directors of the Chamber of Commerce. 2. SPECIAL ORDERS OF THE DAY a. Proclamation - Mayor Hyde presented Mr. Alan Hughes with the Proclamation "Our House Week" declaring the week of April 30 - May 7 as "Our House Week." b. Presentation of Port Mr. Campbell reported that the contract has just been Commissioner, C.R. awarded to dredge the boat basin at the foot of Campbell "J" Street. The low bid was 2.4 million dollars. This will be the dredging of the majority of the 52 acre boat basin to a depth of 8 feet at mean low tide - a total of 756,000 cubic yards will be dredged. About half of this dredge will be dried and towed to the fill site next to the SDG&E dike. The 65-acre fill site will be developed into a salt marsh and wild life preserve. The total contract time is 2 years. Two other projects have been put into the Capital Improvements budget for the coming year: (1) con- struction of 2.7 acres for additional park area contiguous to the "J" Street site [$100,000); (2) installation of quarry stone rip-rap shore protection along the entire west bank of the "J" Street penin- sula ($120,000). ORAL COmmUNICATIONS Sid Morris Mr. Morris Objected to the Council making an appointment 862 Cedar Avenue to fill Seat No. 3. He preferred that an election be Chula Vista called. City Council Meeting -2- April 26, 1977 City Attorney Lindberg explained that the Charter requires the Council to fill the vacancy within 30 days. If the Council fails to do this, then a special election must be called. Mr. Morris then recommended that the Council set a condition that the person appointed to fill the vacancy will not seek election for a full-term at the expiration of his appointment. Don Painter Mr. Painter spoke the against recommended requirement 920 Beech Street suggested by Mr. Morris. He felt if the person Chula Vista appointed was qualified, he should seek election and let the people decide. 3. WRITTEN CO~BIUNICATIONS There were no written communications. PUBLIC HEARINGS AND RELATED RESOLUTION AND ORDINANCE 4. PUBLIC HEARING - This being the time and place as advertised, Mayor CONSIDERATION OF APPEAL Hyde opened the public hearing. OF ROBERT S. THOMAS OF PLANNING COMMISSION Current Planning Supervisor Lee referred to the ACTION LIMITING THE written report to Council explaining that the ENROLLMENT FOR THE applicant's facility was orginally approved in DAY CARE NURSERY AT August 1976 for a maximum of ten children, and 258 FIFTH AVENUE TO the hours of operation were between 6:30 a.m. and 14 CHILDREN 6:00 p.m. He is now requesting that the number of children be increased to 14 and that the hours be extended to 10:00 p.m. Mondays through Thursdays and 11:30 p.m. on Fridays. In addition, the applicant is requesting approval of a future expansion which would enlarge the nursery to accommodate 20 additional children. No specific date has been requested for the expansion which would result in total capacity of 34 children. The Planning Commission recommended approval of only the increase in the maximum number of children from 10 to 14 and the extension of the hours of operation to 10:00 p.m. Mondays through Fridays. Mr. Lee submitted pictures showing parking problems at the "I" corner pre-school day care and spoke of similar problems at this site. Speaking in favor Speaking in favor of the appeal were Susanne Marsteller, 143-1/2 "D" Street; Evonne Geerdes, 621 Dennis; Gloria Anderson, 502 Mclntosh; Carol Kunnen,264 "G" Street, Apt. F: Irma Enjambre, 693 Woodlawn; Janice Weber, Chula Vista; and the applicant, Robert Thomas, 6S0 Floyd Avenue. Their reasons were (1) it is a much-needed facility; (2) never a parking problem when they bring their children or pick them up; (3) 34 children is not too many for one classroom; (4) children are outside only 3 hours a day so there is no noise problem; (5) one child receives his medical attention promptly by the people in charge; (6) it is a good quality school in a residential area. City Council Meeting -3- April 26, 1977 Mr. Thomas said he could not make it financially unless the appeal was granted. He felt it would not be feasible to put a nursery school in a commercial area - it was more conducive to a resi- dential area. Mr. Thomas asked for the extension of hours in order to start an evening program in Chula Vista for those mothers who work evenings. Letters noted for The City Clerk noted that letters were received from the record six persons supporting the facility and a petition signed by 15 parents of children attending the day care nursery, also in support. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to grant appeal It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that a resolution be brought back granting the appeal which includes the the recommendations of the staff and Planning Commis- sion with regard to the hours (extend the hours of operation to 10:00 p.m. Mondays through Fridays) but allow an increase of the maximum number of children to 34, as proposed by the applicant. S. PUBLIC HEARING - This being the time and place as advertised, Mayor CONSIDERATION OF PRECISE Hyde opened the public hearing. PLAN FOR DEVELOPMENT OF 60-UNIT APARTMENT COMPLEX Current Planning Supervisor Lee explained that the ON NORTH SIDE OF EAST applicant is requesting approval of a precise plan ORANGE AVENUE IN R-3-P-17 for the development of a 60-unit apartment complex ZONE on 3.45 acres of property located on the north side of East Orange Avenue, approximately 580 feet west of Melrose in the R-S-P-17 zone. The proposed project represents the final phase of development for the apartments currently built and under construction west of the neighborhood shopping center in that area. The Planning Commission recommended approval in accordance with their Resolution PCM-77-14. Mr. Lee detailed the applicant's plans for the apartment complex, the site layout, architecture, parking and landscaping of the premises. Celia Seligson Mrs. Seligson said this phase completed the entire Developer project and felt it would beautify the surronding Public hearing closed There being no further comments, either for or against, the hearing was declared closed. 5b. RESOLUTION NO. 8591 - Offered by Councilman Hobel, the reading of the text APPROVING PRECISE PLAN was waived by unanimous consent, passed and adopted FOR DEVELOPMENT OF EAST by the following vote, to-wit: ORANGE PLAZA PHASE Iti AYES: Councilmen Hobel, Cox, Hyde, Egdahl Noes: None Absent: None Vacancy: Council Seat No. 3 City Council Meeting -4- April 26, 1977 Current Planning Supervisor Lee asked if he could speak on both Items 6 and 7 since they are related. 6. PUBLIC HEARING ~ This being the time and place as advertised, Mayor CONSIDERATION OF CHANGE Hyde opened the public hearings on both Items 6 & 7. OF ZONE FOR 3.89 ACRES LOCATED ON THE EAST Mr. Lee explained that the applicant is requesting SIDE OF RANCHO DRIVE, rezoning of the 3.89 acres to R-3-P-11 for the ADJACENT TO I~80S AND purpose of constructing a 40-unit apartment complex. THE OTAY VALLEY FLOOD Along with this application for zone change is the PLAIN FROM R-2 AND R-2-F applicant's request for approval of his precise plan. TO R-3-P-11 The Planning Commission recommended that the Council certify the Negative Declaration and approve the change of zone in accordance with their Resolution PCZ-77-H. 7. PUBLIC HEARING ~ Current Planning Supervisor Lee detailed the appli- CONSIDERATION OF PRECISE cant's plans for construction of a 40-unit apartment PlAN FOR DEVELOPMENT OF complex. 40 UNIT ON 3.89 ACRES EAST OF RANCHO DRIVE The Planning Commission passed a motion to approve ADJACENT TO 1-805 the applicant's precise plan subject to the deletion of staff recommended condition No. 1 which would have required that the 8-unit modules be broken up in order to provide more varied and interesting spatial relationships. The motion passed by a vote of 3 to 2; however, 4 votes of the Commission are required to formulate a recommendation to the Council. Mr. Lee submitted a staff rendering showing alternate site layout, noting that parking would be around the peripheral area; there would be generous open space; recreation area at the north end of the site; and buildings spaced in a cluster arrangement rather than the two rows as proposed by the developer. Robert Thompson Mr. Thompson discussed the disadvantages of the Building Designer staff's proposal: bedrooms in one unit would be 1709 Canyon Road adjacent to living rooms of other units; traffic Spring Valley would be going through a very narrow corridor; a narrow passageway to the recreation area would be next to one unit's living room; dead-end road which is not feasible for emergency vehicles; one driveway for all the cars; it would cost $14,000 more to construct the staff's plan. Carl Salatino Mr. Salatino said he was the builder and explained 7329 Turnford Drive why he felt his plans were superior to those proposed San Diego 92119 by the staff: The plans have been carefully conceived; there will be imaginative landscaping; the plan has been endorsed by the Odmark Company; the building site is linear in shape and the geometrics must be linear in concept to afford the best possible use of the site. Mrs. Eleanor Salatino Mrs. Salatino spoke of her husband's qualification 7329 Turnford Drive and asked approval of the plans. San Diego 92119 City Council Meeting -5~ April 26, 1977 Public hearing closed There being no further comments, either for or against, the hearings were declared closed. General discussion In rebuttal to the comments made by the developer and his designer, Mr. Lee further explained the concept as proposed by staff. 6b. ORDINANCE NO. 1740 - It was moved by Councilman Hobel that this ordinance AMENDING THE ZONING MAP TO be placed on its first reading and that the reading REZONE 3.89 ACRES LOCATED of the text be waived by unanimous consent. ON THE EAST SIDE OF RANCHO DRIVE ADJACENT AYES: Councilmen Hobel, Cox, Hyde, Egdahl TO 1-805 AND THE OTAY Noes: None VALLEY FLOOD PLAIN Absent: None FROM R-2 AND R-2-F TO Vacancy: Council Seat No. 3 R-3-P-11 AND CERTIFYING THE NEGATIVE DECLARATION - FIRST READING Motion for approval of It was moved by Councilman Cox, seconded by Councilman Item No. 7 (precise plan Hobel and unanimously carried that a resolution be for the development of the brought back incorporating the architect's precise 40 units east of Rancho plan for the development of the 40 units subject to Drive, adjacent to 1-805) the following recommendations: 1. Final landscaping and irrigation plans shall be subject to staff approval who shall insure that the proposed planting is in keeping with the adjacent residential development. 2. Final grading plans shall be subject to staff approval prior to the issuance of any grading or building permits. Slope banks shall be rounded top and bottom and reduced in steepness where possible to blend with the adjacent pad area. 3. An exterior lighting plan, compatible with the adjacent residential development shall be submitted for staff approval prior to the issuance of building permits. CONSENT CALENDAR It was moved by Councilman Egdahl,seconded by Council- man Cox and unanimously carried that the Consent Calendar be approved and adopted. 8. RESOLUTION NO. 8592 - On March 21, 1977:} Clarence E. Minnerly owner of ACCEPTING GRANT DEED TO South Bay Villas, Unit No. 2 Subdivision, granted CERTAIN REAL PROPERTY to the City a deed for one (i) foot control Lot "A" FROM CLARENCE E. MINNERLY with South Bay Villas, Unit No. 2 Subdivison. The FOR ONE FOOT CONTROL LOT one foot control lot is required to control access "A" IN SOUTH BAY VILLAS~ and adjacent development along the northerly portion UNIT NO. 2 SUBDIVISION of East "J" Street. 9. RESOLUTION NO. 8593 - The City Council, By Resolution No. 5235 and 5386 DEDICATING AND NAilING accepted the following grant deeds from Pacific Bay PREVIOUSLY ACCEPTED REAL Development Corporation: Lot "A" of San Simeon, Unit PROPERTY - ONE FOOT LOT 1, lying on the southerly half of East "J" Street and "A" OF SAN SIMEON UNIT 1 Lot "A" of San Simeon, Unit 2, lying on the northerly AND 2 AS EAST "J" STREET half of East "J" Street at the easterly terminus of this street. East "J" Street will be extended as part of the public improvements to be constructed within South Bay Villas, Unit 2 Subdivision. City Council Meeting -6- April 26, 1977 10. RESOLUTION NO. 8594 - Clarence E. Minnerly has paid all required fees, APPROVING AGREEMENT FOR posted all necessary bonds and has executed the THE COMPLETION OF IMPROVE- Subdivision Improvement Agreement in the amount of MENTS IN SOUTH BAY VILLAS, $22,000 which guarantees the installation of the UNIT NO. 2 public improvements within South Bay Villas, Unit No. 2 Subdivision. 11. RESOLUTION NO. 8595 - The final map of South Bay Villas, Unit No. 2 Sub- APPROVING MAP OF SOUTH division, has been checked by the Engineering BAY VILLAS, UNIT NO. 2 Division and found to be in conformance with the ACCEPTING ON BEHALF OF tentative map approved by the Council on April 27, THE PUBLIC THE PUBLIC 1976 by Resolution No. 8134. Approval of the STREETS DEDICATED ON final map includes the dedication of East "J" Street. SAID MAP AND ACCEPTING The subdivider is also granting to the City easements ON BEHALF OF THE CITY for drainage, street tree planting and maintenance THE EASEMENTS GRANTED purposes. ON SAID MAP 12. RESOLUTION NO. 8596 - On April 13, 1977 Robinhood Homes, Inc., owner of ACCEPTING GRANT DEED Robinhood Point, Unit No. 2 Subdivision, granted to TO CERTAIN REAL PROPERTY the City a deed for one foot control lots "I" and FROM ROBINHOOD HOMES, "K" within Robinhood Point Unit No. 2 Subdivision. INC. - ONE FOOT CONTROL One foot control lots are required to control access LOTS "I" AND "K" ROBIN- and adjacent development. HOOD POINT, UNIT NO. 2 SUBDIVISION 13. RESOLUTION NO. 8597 - By Resolution No. 8290, the City Council accepted the DEDICATING AND NAMING one foot control lots "E" and "F" in Robinhood Point PREVIOUSLY ACCEPTED REAL Unit No. 1 Subdivision Map 8368. Approval of the map PROPERTY - ONE FOOT of Unit No. 2 negates the need for these one-foot con- CONTROL LOTS "~" AND "F" trol lots since the developer is extending Sequoia IN ROBINHOOD POINT UNIT Street and Point Arguello Drive and is installing NO. 1 UPON RECORDATION the public improvements as a condition of approval OF ROBINHOOD POINT of his final map. Lot "E" will be named as Sequoia UNIT NO. 2 SUBDIVISION Street and Lot "F" as Point Arguello Drive. FINAL MAP 14. RESOLUTION NO. 8598 - Robinhood Homes, Inc., has paid all required fees, APPROVING AGREEMENT FOR posted all necessary bonds and has executed the THE COMPLETION OF Subdivision Improvement Agreement in the amount of IMPROVEMENTS IN ROBIN- $132,000 which guarantees the installation of the HOOD POINT, UNIT NO. 2 public improvements within Robinhood Point Unit No. SUBDIVISION 2 Subdivision. 15. RESOLUTION NO. 8599 - The final map has been checked by the Engineering APPROVING MAP OF ROBIN~ Division and found to be in conformity with the HOOD POINT UNIT NO. 2 tentative map approved by the Council on May 4, SUBDIVISION ACCEPTING 1976 by Resolution No. 8146, Approval of the final ON BEHALF OF THE PUBLIC map includes the dedication of a portion of THE PUBLIC STREETS Sequoia Street, West Point Drive, Point Arguello DEDICATED ON SAID MAP Drive, Point Estero Drive and Cherry Point Drive. AND ACCEPTING ON BE- It also includes the dedication of easements for HALF OF THE CITY THE storm drainage, sewer, street lights and street EASEMENT GRANTED ON tree purposes. SAID MAP City Council Meeting -7- April 26, 1977 16. RESOLUTION NO. 8600 - The southwesterly portion of Robinhood Point Unit ACCEPTING GRANT OF No. 2 will be served by a sewer which is to be EASEMENT FROM THE constructed through property owned by the Chula CHULA VISTA CITY Vista School District. This sewer will connect to SCHOOL DISTRICT FOR the existing sewer in Brandywine Avenue. On April 12, SEWER PURPOSES 1977, the Board of Education for the School District granted the 10-foot wide sewer easement to the City. 17. RESOLUTION NO. 8601 - In conjunction with the development of the apart- ACCEPTING GRANT OF ment complex at 75 Third Avenue, the developer is EASEMENT FROM GENTRY to construct an underground storm drainage system GLEN DEVELOPMENT FOR in lieu of the open and natural watercourse channel DRAINAGE PURPOSES on the building site. On April 15, 1977 Gentry Glen Development, a joint venture, as owners, granted the necessary 10-foot wide easement for drainage purposes to the City. 18. RESOLUTION NO. 8602 - Along with the development of the apartment complex ACCEPTING GRANT OF at 75 Third Avenue, the developer is to relocate EASEMENT FROM GENTRY the existing sewer main on the building site. On GLEN DEVELOPMENT FOR April 15, 1977 Gentry Glen Development, a joint SEWER PURPOSES venture, as owners, granted the necessary 10-foot wide easement for sewer purposes to the City. 19. RESOLUTION NO. 8603 - Walt Selph's Blacktop and Paving has completed the ACCEPTING PUBLIC IMPROVE- construction of the parking lot at the Chula Vista MENTS - PARKING LOT AT Municipal Golf Course. A final inspection was made CHULA VISTA GOLF COURSE on April 4, 1977 and all work was found to be com- pleted in accordance with the contract documents awarded by Council Resolution No. 8430 dated November 23, 1976. Sign and parking area Councilman Hobel asked about the pooling problems which occurred after the last rain. Director of Public Works Robens said they were corrected. In answer to query from Councilman Hobel, Director of Parks & Recreation Hall commented that there will be a new sign erected soon identifying the golf course. 20. RESOLUTION NO. 8604 - The California Highway Patrol has set aside May 1977 SUPPORTING CALIFORNIA to emphasize compliance with a statewide 55 mph HIGHWAY PATROLS' COMPRE- speed limit. During this month, they will be con- HENSIVE PUBLIC AWARENESS ducting a stringent enforcement program to seek PROGRAM WITH REGARD TO compliance from the public. They have asked all THE 55 MILES PER HOUR governmental agencies to assist them by requiring SPEED LIMIT their employees to drive within the speed limit. 21. RESOLUTION NO. 8605 - On April 19, 1977 a public hearing was held con- ORDERING VACATION OF A cerning the vacation of a portion of Quintard Street PORTION OF QUINTARD AND and Tobias Drive adjacent to the proposed Sweetheart TOBIAS ADJACENT TO SWEET- Manor Subdivision. Following the hearing, Council HEART MANOR SUBDIVISION requested that a resolution ordering said vacation be brought for its adoption on April 26, 1977. City Council Meeting -8- April 26, 1977 22. RESOLUTION NO. 8606 - On April 19, 1977 a public hearing was held con- ORDERING THE VACATION cerning said vacation. Following the hearing~ the OF A 30-FOOT EASEMENT Council requested that a resolution ordering the IN BONITA RIDGE ESTATES vacation of the 30-foot wide general utility, sewer UNIT NO. 4 and access easement across Lots 196~ 197, 198 and 219 of Bonita Ridge Estates Unit 4 be brought back for adoption on April 26, 1977. 23. RESOLUTION NO. 8607 - The County Counsel's office has requested that a ADOPTING THE OFFICIAL proper legal description or an official map of the HAP OF THE CITY OF CHULA City of Chula Vista be provided as a basis for the VISTA realignment of the boundary lines of the First Supervisorial District. (End of Consent Calendar) 24. RESOLUTION NO. 8608 - The City is able to obtain the vehicles via a AUTHORIZING PURCHASE OF cooperative purchasing arrangement with the County EIGHT (8) POLICE PATROL of Los Angeles. Proposed for purchase are the VEHICLES Chevrolet Nova compact size police specials. The low bidder is Harry Mann Chevrolet Company, Los Angeles. The unit price per vehicle is $4,820.46. The total cost for the eight vehicles, including tax, is $40,877.50. Council discussion In answer to Council's question, Director of Public Works Robens stated that the City will keep the propane tanks from the old cars and those that are sold can be reconverted back to gasoline for salvage purposes. 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 Noes: None Absent: None Vacancy: Council Seat No. 3 25. RESOLUTION NO. 8609 - Title Two of the Public Works Employment Act of 1976 APPROPRIATING FEDERAL provides for five quarterly payments to state and ANTI-RECESSION FUNDS local governments. Chula Vista has now received two payments totalling $217,058. The funds received must be spent or encumbered within six months of receipt. The first payment of $130,539 received November 2, 1976 must be committed or spent by May 23, 1977; the second payment of $86,519 received on January 7, 1977 must be committed or spent by July 8, 1977. The Director of Finance recommended that the first pay- ment in the amount of $130,539 be appropriated for employer's contributions to the Public Employee's Retirement System and that subsequent quarterly pay- ments be appropriated in the same manner. City Council ~leeting -9- April 26, 1977 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 Noes: None Absent: None Vacancy: Council Seat No. 3 26. RESOLUTION NO. 8610- At the meeting of April 19, 1977, the Council APPROVING AGREEMENT authorized expenditure of $600 from unencumbered BETWEEN THE CITY OF Community Promotions funds to the Community CPR CHULA VISTA AND Program. CoY~qUNITY CARDIOPULMONARY RESUSCITATION PROGRAM IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED 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 Noes: None Absent: None Vacancy: Council Seat No. 3 27. RESOLUTION NO. 8611- The State, Urban and Coastal Park Bond Act of 1976 APPROVING APPLICATION provides funds to the State of California for its FOR 1976 STATE GRANT political subdivisions for acquiring and developing MONIES - NEIGHBORHOOD lands for public recreation and historical purposes. PARK/LIGHTED SPORTS FIELD PROJECT The Director of Parks & Recreation recommended filing an interim application on or before May 1, 1977. The number one priority is the development of a neighborhood park/lighted sports complex. If the grant funds become available, staff will complete the necessary grant form applications, prepare specific design plans and schematic drawings which will be submitted to Council for approval before the final grant application is made. 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 Noes: None Absent: None Vacancy: Council Seat No. 3 28. ORDINA~CE NO. 1741 - Under present City Code provisions, vehicles for AMENDING TITLE 5 OF THE hire within the City fall within one of two CITY CODE RELATING TO classifications: ambulances or taxicabs. This LICENSING AND REGULATION ordinance establishes licensing requirements for the OF AUT0}~OBILES FOR HIRE - automobiles for hire. The rate of fare as contained FIRST READING in the ordinance is the same as presently applied in the City of San Diego. The administration of this business has been assigned to the Chief of Police who is the best equipped to handle licensing procedures and equipment examinations. City Council Meeting -10- April 26, 1977 Ordinance placed on It was moved by Councilman Hobel that this ordinance first reading be 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 Hobel, Cox, Hyde, Egdahl Noes: None Absent: None Vacancy: Council Seat No. 3  29a. ORDINANCE NO. 1742 - The Penal Code has recently been amended requiring AMENDING C?~PTER 2.05 the Attorney General to furnish summary criminal OF THE N~NICIPAL CODE history information to city and other public agency BY ADDING SECTION 2.05.020 officials to assist them in fulfilling employment, RELATING TO AUTHORIZATION certification or licensing duties. The two ordinances OF THE USE OF CRIMINAL have been prepared designating those persons who are HISTORY INFORMATION IN authorized to receive such information. These ordinances CERTAIN INSTANCES have been cleared with the State Department of Justice. RELATING TO EMPLOYMENT AND INELIGIBILITY FOR EMPLOYMENT FOR CRIMINAL CONDUCT - FIRST READING Ordinance placed on It was moved by Councilman Hobel that this ordinance first reading be 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 Hobel, Cox, Hyde, Egdahl Noes: None Absent: None Vacancy: Council Seat No. 3 29b. ORDINANCE NO. 1743 - AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 5.02.105 RELATING TO THE ADTNORI- ZATION FOR THE USE OF CRIMINAL HISTORY INFORb~TION IN CERTAIN INSTANCES RELATING TO LICENSES AND INELIGIBILITY FOR OBTAINING BUSINESS LICENSE FOR CRIMINAL CONDUCT - FIRST READING I Ordinance placed on It was moved by Councilman Hobel that this ordinance first reading - as be placed on first reading, with the amendment amended that "automobiles for hire and ambulances" be added to the list, and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Hyde, Egdahl Noes: None Absent: None Vacancy: Council Seat No. 3 City Council Meeting -11- April 26, 1977 REPORT OF THE CI2'Y MANAGER No report. 31. REPORT ON THE RELATION- The Department of Public Works has prepared an SHIP OF CHULA VISTA AND informational report concerning the contractual SAN DIEGO RELATIVE TO relationship which exists between Chula Vista METRO SEWERAGE SYSTEM and San Diego relative to the Metropolitan CAPACITY Sewerage System. In addition, information is provided concerning the ability of the System to meet current and future needs of Chula Vista. Reserve capacity Councilman Hobel questioned staff's statement that questioned the City has no legal recourse against a possible or projected breach of contract. Regarding the reserve capacity, Councilman Hobel asked if the City was talking about not paying for reserve capacity because even if Metro violates the contract, they are not liable for it. Mr. Robens explained that there is no legal action the City can take now,anticipating a problem in the future. Councilman Hobel said he was concerned that the City is paying over one-quarter million dollars for the reserve annually. Report accepted It was moved by Councilman Egdahl,seconded by Council- man Cox and unanimously carried that the report be accepted. 32. REPORT ON STATUS OF On December 14, ]976 the Director of Public Works DUNES APARTMENTS IMPROVE- presented three alternatives for the installation MENTS, 500 BLOCK CENTER of street improvements to control access adjacent STREET to the Dunes Apartments. The staff recommended Alternate 2 - 160 lineal fe~ of c~b and gu~er, 2-I/2 foot ~gh masomty wall with 5 foot chain link fence - $4,950- with City participation to the extent of 1/3 to 1/2 the cost which would be $1650 to $2475. Depending on the participation of the property owners, the staff will recommend one of the three alternatives to Council. If the owners of the Dunes Apartments do not deposit their share, the staff will recommend rejection of all bids and not to proceed with the project. Marshall Compton, Agent Mr. Compton asked for a continuance of the item so for the new owner that he could talk to the new owner about this item. In December, the staff was talking about one-third of the cost which was $1650, and now the cost is up to $2500. Report accepted It was moved by b{ayor Hyde, seconded by Councilman Cox and unanimously carried that the report be accepted, with the understanding that staff will work with Mr. Compton to hopefully work out the agreement with the new owners. City Council Meeting -12- April 26, 1977 BOYS CLUB LEASE City Attorney Lindberg stated he has prepared the lease agreement for the Boys Club for property at Greg Rogers Park which will be used jointly by both the Girls Club and Boys Club. This item will be placed on the agenda for the Council Conference scheduled for Thursday, April 28, 1977. MAYOR'S REPORT Meeting of the Committee Mayor Hyde reported that he attended the task force Opposing Railroad Abandon- committee chaired by Supervisor Lucille Moore. ment (CORA) The Committee set up a work force of 2-1/2 people in the County Administrative Center to attempt to tie this whole thing together and they are predicting that it will take two to four months for any results. COUNCIL CO~ENTS Motion to select It was moved by Councilman Hobel, seconded by Council- Councilman for Seat No. 3 man Egdahl and unanimously carried that at the close of the meeting, the Council recess for five to ten minutes, reconvene and consider the selection of a Council candidate. Legislative Committee It was moved by Councilman Cox, seconded by Council- report man Hobel and unanimously carried that a resolution be brought back at the Council Conference scheduled for Thursday, April 28, opposing Senate Bill 12 - property tax reform bill. "Farmers Market" at Councilman Egdahl noted that there is a "minifarmers' Telegraph Canyon Road market" forming on Telegraph Canyon Road just east and 1-805 of 1-80S on weekends. He felt this should be investigated by staff to "see if it fits in." Japanese Plant Councilman Egdahl discussed the recent action of the Council to vigorously pursue having the Japanese firm locate on the northwest corner of the Bayfront. City Manager Cole commented that staff has taken no further action following a letter sent to the State. Councilman Hobel said he called Mr. Richard Silberman to review the trip taken by Mr. Silberman and the Governor to Japan. Mr. Silberman said he would be willing to set up a meeting with Mayor Hyde. Mayor Hyde asked Councilman Hobel to schedule this meeting. Recess The Council recessed at 8:57 p.m. and reconvened at 9:11 p.m. SELECTION OF COUNCILMAN FOR SEAT NO. 3 City Council Meeting -13- April 26, 1977 Discussion of procedure The Councilmen discussed varied procedures for the selection process. Motion for procedure It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that each Councilman be initially allowed three votes on the first ballot and to continue on future ballot the candidates must have two votes. 1st ballot Votes cast on first ballot: Mayor Hyde: ~ichards, Renneisen, Gillow Councilman Hobel: Boltz, Painter, Kingston Councilman Cox: Boltz, Kingston, Renneisen Councilman Egdahl: Boltz, Renneisen, Gillow Remaining on ballot Boltz, Kingston, Renneisen and Gillow remain on the ballot. Motion for 2nd ballot It was moved by Councilman Hobel, seconded by Mayor Hyde and unanimously carried that the second ballot be cast on the basis of two votes for the four remaining candidates with the intent to narrow the field down to two people. Votes cast Votes cast on second ballot: Mayor Hyde: Renneisen, Gillow Councilman Hobel: Boltz, Kingston Councilman Cox: Kingston, Renneisen Councilman Hgdahl: Boltz, Gillow Motion for 3rd ballot It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that each Councilman vote for one candidate and any candidate with two votes will remain in contention. (top two candidates to survive). Votes cast Votes cast on third ballot: Mayor Hyde: Gillow Councilman Hobel: Kingston Councilman Cox: Kingston Councilman Egdahl: Boltz Three candidates remain on the ballot. ~{otion for 4th ballot It was moved by Councilman Egdahl, seconded by Mayor Hyde and unanimously carried that on ballot four, each Councilman vote for one of the three candidates. Votes cast Votes cast on fourth ballot: Mayor Hyde: Gillow Councilman Hobel: Kingston Councilman Cox: Kingston Councilman £gdahl: Boltz The three candidates remain on the ballot. Motion for Sth ballot It was moved by Councilman £gdahl, seconded by Councilman Cox and unanimously carried that on the fifth ballot, each Councilman vote for one candidate. City Council Meeting -14- April 26, 1977 Votes cast Votes cast on fifth ballot: Mayor ttyde: Gillow Councilman Hobel: Kingston Councilman Cox: Kingston Councilman Egdahl: Boltz The three candidates remain on the ballot. Motion for 6th ballot It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried that each Councilman vote for two candidates - the top two candidates to remain on the ballot. Votes cast Votes cast on the sixth ballot: Mayor Hyde: Gillow, Boltz Councilman Hobel: Kingston, Boltz Councilman Cox: Kingston, Boltz Councilman Egdahl: Gillow, Boltz The three candidates remain on the ballot. Motion to cast unanimous It was moved by Councilman Egdahl that a unanimous vote to Boltz vote be cast for Boltz. No second to motion The motion died for lack of second Motion to add name It was moved by Mayor Hyde to add the name of Frank A. Scott to the list of candidates. Discussion of motion Councilman Hobel spoke against the motion stating that at the interviews conducted for the office of Mayor, he made the statement to all the candidates that they would not be given consideration for the one-year appointment of Councilman should Mr. Hyde be elected Mayor. Motion withdrawn Mayor Hyde withdrew his motion. Councilman Egdahl noted this statement was not adopted by the Council but was generally concurred. Motion for 7th ballot It was moved by Mayor Hyde, seconded by Councilman Hobel and unanimously carried that on the seventh ballot, each Councilman east one vote. Votes cast Votes east for seventh ballot: Mayor Hyde: Gillow Councilman Hobel: Kingston Councilman Cox: Kingston Councilman Egdahl: Boltz The three candidates remain on the ballot. Motion for continuance It was moved by biayor Hyde and seconded by Council- man Cox that this meeting be adjourned to Wednesday, April 27, 1977 at 4:30 p.m. Motion fails The motion failed by the following vote, to-wit: AYES: Mayor Hyde, Councilman Cox NOES: Councilmen Hobel, £gdahl Absent: None Vacancy: Council Seat No. 3 City Council Meeting -15- April 26, 1977 New candidates Councilman Cox submitted the name of Ken Kolk as a possible new candidate. Motion for 8th ballot It was moved by Councilman Egdahl, seconded by Mayor Hyde and unanimously carried that on the eighth ballot, each Councilman cast his votes in a 1 - 2 - 3 arrangement (rank the candidates) and the top two finalists remain. Votes cast Votes cast for eighth ballot: Mayor Hyde: (1) Gillow; (2) Boltz; (3) Kingston Councilman Hobel: (1) Kingston; (2) Boltz; (3) Gillow Councilman Egdahl: (1) Boltz; (2) Gillow; (3) Kingston Councilman Cox: (1) Kingston; (2) Boltz; (3) Gillow Kingston and Boltz remain on the ballot. 9th ballot The Council concurred that one vote should be cast by each Councilman on the ninth ballot. Votes cast Votes cast on the ninth ballot: Mayor Hyde: Boltz Councilman Hobel: Kingston Councilman Cox: Kingston Councilman Egdahl: Boltz The two candidates remain on the ballot. Motion for continuance It was moved by Mayor Hyde, seconded by Councilman Hobel and unanimously carried that the meeting be adjourned until 4:50 p.m. Wednesday, April 27, 1977 at which time the Council will consider this same matter (selection of candidate for the Council Seat No. 5). ADJOURNMENT Mayor Hyde adjourned the meeting at 10:12 p.m. to the meeting scheduled for Wednesday, April 27, 1977 at 4:30 p.m. and to the Council Conference scheduled for Thursday, April 28, 1977 at 4:00 p.m.