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HomeMy WebLinkAboutcc min 1977/03/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. March 15, 1977 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 2:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Scott, Councilmen Hyde, Cox, Egdahl, Hobel 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 Personnel Bigge, Chief of Police Winters, Director of Parks and Recreation Hall, Transit Coordinator Conner, Senior Librarian Rowe The pledge of allegiance to the Flag was led by Mayor Scott followed by a moment of silent prayer. l. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of February 24, March 1, 3, 8, and 10, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE - City Clerk Jennie Fulasz administered the Oaths of Office NEWLY APPOINTED to the following newly appointed Commissioners: COMMISSIONERS Peggy P. Donovan - Environmental Control Commission Gregory L. Attaway - Safety Commission b. PROCLAMATION - Mayor Scott read the Proclamation and it was then presented PROCLAIMING THE WEEK to David Reinbold. OF MARCH 13 THROUGH Nt~RCM 20, 1977 AS "CAMPUS LIFE WEEK" c. REPORT OF PORT Mr. Campbell presented his monthly report on the activities COMMISSIONER, of the Bayfront. His comments included 1) progress on the C. R. CAMPBELL Chula Vista Boat Basin with tentative verbal agreement between the Port District and the City to work together to improve the "J" Street Marina; 2) the Port District's efforts to prevent the abandonment of the San Diego and Arizona Eastern Railway; and 3) progress on the upgrading of Lindberg Airport. I d. GRIEVANCE APPEAL AND A written grievance was filed by Donald Leake and James STAFF REPORT - DONALD Blackmon, employees of tho Public Works Department, con- LEAKE AND JAMES cerning overtime worked on November 5, 1976. They claimed BLACKMON, PUBLIC WORKS three hours overtime under the previsions of Civil Service DEP~dtTMENT Rule II, Section 10 (f) "Call-Back Overtime" for being asked to report for work one hour early due to problems caused by heavy rainfall. City Council Meeting -2- March 15, 1977 A1 Lawrence Mr. Lawrence, representing Mr. Leake and Mr. Blackmon, Field Representative reviewed the circumstances of the employees being called San Diego Public at approximately 5:15 a.m. on November 5, 1976 and re- Employees Association porting for work at 6:00 a.m. when their regular workday is from 7:00 a.m. until 3:30 p.m. He stated that in his interpretation of Civil Service Rule II, Section 10 (f) would make this clearly fall into the category of "Call- Back Overtime" which provides for a minimum of three hours pay at time and one-half. Council discussion The Council and staff discussed with Mr. Lawrence the difference in "Call-Back Overtime" versus "Extended Day Overtime" where an employee is given prior notification to report for work early or stay after his regular working hours. It was agreed that the language in the Memorandum of Understanding needs to be clarified and that this is properly a "meet and confer" item. Motion to deny grievance It was moved by Mayor Scott and seconded by Councilman and clarify "extended day" Hyde that the grievance be denied and that the staff meet and "call-back" overtime and confer with the Public Employees - all employees - in meet and confer sessions in meet and confer sessions to distinguish between "ex- tended day" and "call-back" overtime. Speaking against motion Councilman Hobel said the issue in this instance is to determine if there is a valid claim and the matter of clarification is a separate matter to be handled in meet and confer sessions. Motion carried The motion to deny the grievance and refer to meet and confer sessions carried by the following vote, to-wit: AYES: Mayor Scott, Councilmen Egdahl, Hyde, Cox Noes: Councilman Hobel Absent: None ORAL CO~RJNICATIONS Jack Grace Mr. Grace said he was speaking as a representative of the 767 Guava Avenue Chula Vista Tennis Club and as a taxpayer. Me voiced a Chula Vista complaint concerning the playing surfaces of the tennis courts at Hilltop and Castle Park High Schools stating that the Hilltop court is badly pitted and the Castle P~rk court is too slick and someone may get hurt. Discussion held with Parks and Recreation Director Hall said he has discussed School District this matter with the Business Manager of the School District including the suggestion of wind screens, and the problem with the fencing and surfaces, and that they are working on a solution to the problems. Motion to present matter It was moved by Mayor Scott and seconded by Councilman to Board of Trustees Hyde that a letter be written to the Board of Trustees explaining the problems with the two tennis courts main- tained under Joint Powers and see if the City can get a reaction. City Council Meeting -3- March 15, 1977 Motion carried At the suggestion of Councilman Hobel, Mayor Scott added to the motion that someone from the staff or the Council make a presentation at a Board of Trustee meeting. Councilman Hyde agreed as the second and the motion carried unanimously. RECESS A recess was called at 7:55 p.m. and the meeting recon- vened at 8:04 p.m. PUBLIC HEARINGS AND RELATED RESOLUTION 3. PUBLIC HEARING - This being the time and place as advertised, Mayor Scott CONSIDERATION OF APPEAL opened the public hearing. OF PLANNING CO~NISSION DENIAL OF REQUEST FOR On April 12, 1976 the Planning Commission approved a con- CHANGE OF HOI~RS FOR ditional use permit (PCC-76-3) to allow the incidental PIZZA HUT AT 271 ORANGE sale of beer and wine in conjunction with the operation AVENUE IN C-N ZONE of a restaurant at 271 Orange Avenue in the C-N zone. (Continued from the Charles E. DeLao representing Pizza Hut made a request to meeting of March 1) alter the hours of operation from 7:00 a.m. - 11:00 p.m. to 10:00 a.m. - 12:00 midnight on Sunday through Thursday, and 10:00 a.m. through 1:00 a.m. Friday and Saturday. The Planning Commission denied the request and Mr. DeLao filed an appeal of this action. The public hearing scheduled for March 1, 1977 was con- tinued until this meeting at the request of legal counsel for the Pizza Hut. Director of Planning Peterson reviewed the request for a change of hours and the staff could not make sufficient findings to justify the change and recommended that the request be denied. The Planning Commission denied the request by a vote of 6-1. Robert Alexander Mr. Alexander gave a brief background on the Pizza Hut 530 "B" Street, Suite 1855 nation-wide chain of restaurants and explained the system San Diego, CA 92101 of advertising used showing hours of operation and a list of addresses. He 5aid this doe5 create a problem for the Pizza Hut at 271 Orange Avenue. In addition he noted that no one appeared at the Planning Commission hearing as the notice was mailed to an address in San Diego that was a temporary address Mr. DeLao maintained some time ago and which was no longer valid. The notice was forwarded to the correct address, but was received a day late. If the notice had been received in time, he said the Pizza Hut would have had representation at the hearing to justify the extended hours. Petition in support Mr. Alexander also presented the Council with a petition of extended hours of 100 signatures in support of the extended hours. He presented requested that the Council take one of two actions: 1) to overrule the Planning Commission and allow the extended hours; or 2) to allow due process and to refer the matter back to the Planning Commission so that testimony may be presented to them in support of the request. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. City Council Meeting -4- March 15, 1977 Motion to refer back It was moved by Mayor Scott, seconded by Councilman to Planning Commission Hobel and unanimously carried that this matter be sent back to the Planning Commission for a re-hearing, with no fees involved. 4. PUBLIC HEARING - This being the time and place as advertised, Mayor Scott CONSIDERATION OF PRECISE opened the public hearing. PLAN FOR DEVELOPMENT OF A FAMILY AMUSEMENT CENTER The applicants requested approval of a Precise Plan for AT 950 INDUSTRIAL the development of a family amusement center on a 1.84 BOULEVARD IN THE I-L-P acre site in the I-L-P zone. An Initial Study IS-76-110 ZONE of possible adverse environmental impact was conducted by the Environmental Review Committee which made a draft Negative Declaration which was certified by the Planning Commission on January 12, 1977. After a brief description of the precise plan, Director of Planning Peterson said that staff concurred with Plan- ning Commission recommendation for approval in accordance with Resolution PCM-77-2, with the exception that signs on the building shall be approved subject to Planning staff review for size and location and shall not be freeway oriented. Clint D. Sadler Mr. Sadler (one of the applicants) said he was available 47 Palomar Drive if the Council or staff had any questions. Chula Vista Public hearing closed There being no comments, either for or against, the public hearing was declared closed. a. RESOLUTION NO. 8530 - Offered by Councilman Hobel, the reading of the text was APPROVING PRECISE PLAN waived by unanimous consent, passed and adopted by the FOR FUN-4-ALL AMUSE- following vote, to-wit: MENT CENTER AT 950 INDUSTRIAL BOULEVARD AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl IN THE I-L~P ZONE, Noes: None AND CERTIFYING THE Absent: None NEGATIVE DECLARATION CONSENT CALENDAR It was moved by Councilman Cox, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. 5. RESOLUTION NO. 8551 - In accordance with Council policy, a resolution was pre- CO~4~ENDING PAUL LEGLER FOR pared commending Mr. Legler for his services to the com- HIS MANY YEARS OF SERVICE munity. He wag appointed to the Environmental Control ON THE ENVIRONMENTAL Commission on July 11, 1972 (which later became the CONTROL COMMISSION/ Environmental Control Commission/llistorical Site Board) HISTORICAL SITE BOARD AND and served until February 24, 1977. EXPRESSING THE APPRECIATION OF THE COUNCIL AND THE COMMUNITY FOR SUCH SERVICES City Council Meeting -5- March 15, 1977 6. RESOLUTION NO. 8532 - Grading plans have been approved and a grading permit ACCEPTING GRANT OF EASEMENT issued by the City to the developer of Robinhood Point FROM THE COUNTY OF SAN Unit 2 Subdivision. As part of the grading operation, DIEGO FOR OFF SITE DRAIN- the developer will be installing a storm drain within AGE PURPOSES ADJACENT TO Sequoia Street beginning approximately 80 feet easterly ROBINHOOD POINT UNIT 2 of the subdivision boundary which lies within the property SUBDIVISION owned by the County of San Dwego. On February 8, 1977 the County Board of Supervisors approved the granting of a drainage easement to the City of Chula Vista giving the City the right to fence any portion of the easement and to maintain the drainage facilities. 7. RESOLUTION NO. 8533 - As a condition of approval for Tentative Parcel Map 15-76, ACCEPTING GRANTS OF the developer is required to grant additional right of way EASEMENT FROM HENRY F. for "D" Street and Las Flores Drive and to grant a street AND AGNES L. JMtN FOR tree planting and maintenance easement adjacent to the STREET PURPOSES AND streets. STREET TREE PURPOSES On February 22, 1977 the developer and owner, Henry F. and Agnes L. Jahn, executed the necessary easements for street and for street tree purposes. 8. RESOLUTION NO. 8534 - On February 17, 1976 the City Council approved an agree- APPROVING THE RESOLUTION ment between the City of Chula Vista and the County of OF THE COUNTY OF SAN DIEGO San Diego for participating in the cost of widening Main DECLARING A PORTION OF Street from Fresno Avenue to the 1-805 freeway. Since MAIN STREET WITHIN THE County funds will be expended upon a City street, the CITY LIMITS OF CNULA VISTA County has requested that the City adopt a resolution TO BE A COUNTY HIGHWAY consenting to action taken by the Board of Supervisors on February 22, 1977 declaring a portion of Hain Street within the City limits of Chula Vista to be a County high- way. This action was in conformance with the State of California Streets and Highway Code. 9. RESOLUTION NO. 8535 - Walt Selph's Blacktop and Paving Contractor has requested GRANTING AN EXTENSION OF a total of 19 days extension of contract time. TIME ON THE CHULA VISTA GOLF COURSE PARKING LOT The Division of Engineering reviewed the request and CONTRACT determined that it is reasonable and appropriate and recommended approval of 14 days. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCE, FIRST READING  10. RESOLUTION NO. 8536 - The City was requested by Detroit (Lawless) Diesel to be RELEASING DETROIT released as a grantee from an agreement which requires (LAWLESS) DIESEL FROM that they maintain certain sewer laterals serving more AN OBLIGATION TO MAIN- than one parcel upon Bay Boulevard. They plan to build TAIN A PRIVATE SEWER over the lot lines of the parcel previously served by the LINE UPON CERTAIN sewer laterals and, thus, unify the ownership. The uni- PROPERTIES WITHIN fication of the two parcels removes any continued need THE CITY to have said agreement to maintain the laterals. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Scott, Egdahl, Hobel Noes: None Absent: None City Council Meeting -6- March 1S, 1977 11. RESOLUTION NO. 8537 - The City and the State entered into a Master Agreement APPROVING SUPPLEMENTAL for the FAU System Program in June 1976, which set forth AGREEMENT NO. 2 TO general conditions for FAU improvements. A supplemental EXISTING LOCAL AGENCY - agreement was entered into in October 1976 to provide for STATE AGREEMENT NO, 7 funding and minor specific conditions relative to the COVERING FAU PROJECTS~ AND construction of the City FAU Traffic Signal Project. AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT This Supplement No. 2 sets forth the tentative funding and special covenants specifically for the widening of "F" Street from Fourth Avenue to Church Avenue. 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, Hyde, Cox, Scott Noes: None Absent: None 12. RESOLUTION NO. 8538 - In the November 1976 General Election, the people of the APPROVING COUNTY OF SAN State of California passed Proposition 2 (Nejedly-Hart DIEGO'S PRIORITY PLAN State, Urban and Coastal Park Bond Act of 1976) which FOR EXPENDITURE OF THE authorized a $280,000,000 bond issue to provide funds for N£JEDLY~[~RT STATE, URBAN acquisition and development of parks, beaches, recreational AND COASTAL PARK BOND ACT and historical resources throughout the State. The San OF 1976 FUNDS Diego County region will receive an allocation of $6,338,000. The 1976 Bond Act required the County to consult with all cities and districts in the County which are authorized to provide park and recreation services, and to submit a priority plan for expenditure of the County's allocation to the State by June 30, 1978. Staff feels that the distribution of funds as established by the steering committee is equitable and recommends approval of San Diego County's priority plan. 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, Hyde, Cox, Scott Noes; None Absent: None 15. RESOLUTION NO. 8539 - This resolution is a major revision of the FAU Program APPROVING THE REVISION OF procedures which the Council approved by Resolution No. THE FEDERAL AID URBAN 8295 in August 1976. Following approval of the August (FAU) PROGRAM PROCEDURES 1976 version by the requisite cities, the FAU Committee (VERSION 5) forwarded the procedures to the Comprehensive Planning Organization (CPO) and the Metropolitan Transit Develop- ment Board (MTDB) for their approval. The revised Version 5 has been ultimately approved by CPO. The MTDB is scheduled to consider this version at their April 11 board meeting and the MTDB staff has indicated they plan on recommending approval. 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, ttobel, Hyde, Cox, Scott Noes: None Absent: None City Council Meeting -7- March 15, 1977 14. RESOLUTION NO. 8540 - The Federal Aid Urban Advisory Committee has developed a APPROVING ~]tE 1976-78 proposed FAU Program List to prioritize project applica- FEDERAL AID URBAN PROGRAM tions for the expenditures of FAU funds within the urbanized area. In Janumry 1977 the Committee approved the 1976-78 FAU Multi-Year Program List for submission to the member agencies. The Funded Project List (#1) shows funding for three projects in Chula Vista as follows: Bus maintenance facility and transit center $442,800 Telegraph Canyon Road/Halecrest Traffic Signal 95,000 "H" Street recap (from 1-5 to Third Avenue) 49,036 Under the local distribution element (#3) Chula Vista will receive $239,397 making total FAU funding in the amount of $826,233 for the City. 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, Hyde, Cox, Scott Noes: None Absent: None 15. RESOLUTION NO. 8541 - Plans for remodeling of the store fronts for 361 through APPROVING ENCROACHMENT 371 Third Avenue have been approved by the Town Centre PERMIT NO. 77-8 FOR TOM Design Review Committee. The plans show an encroachment MONEY AT 361-371 THIRD of four inches into the public right of way resulting AVENUE from the use of 4 inch by 12 inch rough sawn plant-ons around the windows. 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, Hyde, Cox, Scott Noes: None Absent: None 16. RESOLUTION NO. 8542 - In September 1976 Chula Vista Transit (CVT) service was APPROVING PENDING expanded from three to five routes and all schedules TRANSIT SERVICE CHANGES were revised. In April 1977 the routes and schedules will be modified to improve service and system efficiency. Councilman Egdahl supported the idea of using a shuttle bus at reduced fare. He asked if this could perhaps be a smaller bus, and that when services are instituted, if the bus could be painted in some unique way. Motion to repaint It was moved by Councilman Egdahl and seconded by Mayor shuttle bus Scott that the staff be asked to investigate the possi- bility of repainting the shuttle bus to make it distinctive. Requirements for federal In answer to a question from Councilman Hobel, Transit funding include service Coordinator Connor said that the provision for federal to handicapped funding is that service has to be provided for handicapped and mobility-limited elderly. }Iow it is provided is not covered yet by any guidelines. City Council Meeting -8- March 15, 1977 Councilman Egdahl said it is his understanding that San Diego Transit bought a fleet of Mercedes Benz small size mini buses and is not currently using all of them. Addition to motion Councilman Egdahl added to his motion that staff be asked to investigate, and if this is so, to investigate perhaps leasing from them (San Diego Transit) one of the buses to be used as the City's shuttle bus. LTF funds may be In answer to a query from Mayor Scott, Transit Coordinator used to lease bus Connor said if the bus is leased, the funds could come out of the LTF funds as part of the overall budget, but it is not 100% reimbursement. This has been discussed with San Diego Transit and they have indicated they might be open to lease or sale. Motion carried The motion as made by Councilman Egdahl regarding the shuttle bus carried unanimously. 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, Hyde, Cox, Scott Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 17. ORDINANCE NO. 1731 - This ordinance was placed on first reading at the meeting AMENDING SECTION 2.04.140 of March 1, 1977. On the effective date of the ordinance~ OF CHAPTER 2.04 OF THE the Council will adopt a resolution establishing a new CHULA VISTA MUNICIPAL agenda order. CODE RELATING TO THE ORDER OF BUSINESS AND THE ORDER OF THE AGENDA OF THE CITY COUNCIL - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this ordinance be reading and adopted placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None 18. ORDINANCE NO. 1752 - The applicant requested annexation to the City of Chula APPROVING THE ANNEXATION Vista of 98.6 acres of property for the purpose of ob- TO THE CITY OF CERTAIN raining comprehensive city services to support E1 Rancho UNINHABITED TERRITORY del Rey Unit 5. The ordinance was placed on first reading KNOWN AND DESIGNATED AS at the meeting of March 1, 1977. EL RANCHO DEL REY UNIT 5 ANNEXATION - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this ordinance be reading and adopted placed on its second reading and adopted and that reading of the text be waived by unanimous consent. City Council Meeting -9- March 15, 1977 The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None 19. REPORTS OF THE CITY MANAGER a. REPORT ON RESULTS OF City Manager Cole submitted a written summary of the CITIZEN SURVEY DIS- responses received from citizens on a survey question- TRIBUTED WITH CITY'S naire that was included in the City's Annual Calendar. ANNUAL CALENDAR Three percent (931) of the total questionnaires mailed were returned and included opinions in three basic areas: 1) Community Development Block Grant priorities, 2) Human Care Service alternatives, and 3) ratings of major City services. Motion to accept report It was moved by Mayor Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. Motion to include a It was moved by Councilman Hyde, seconded by Mayor Scott questionnaire in the and unanimously carried that the staff be directed to next annual calendar include a questionnaire with the annual calendar for the next calendar year and get started ahead of time so there will be more time to prepare the questionnaire. b. REPORT ON PROPOSAL At a past Council meeting, Mr. Sid Cornell submitted a FOR CITY "VOTING AND proposal for the creation of a City "Voting and Regis- REGISTRATION CO~ITTEE" tration Committee" as a Bicentennial Horizon Project. Staff was directed to review and comment on the item and investigate what funds might be available. In a written report, City Manager Cole indicated that Federal and State funds are available for such a program in a Foderal or State election year and grants might also be available from specialized foundations. Ms. Pat Allen of FOCUS and other School District personnel have indi- cated they are willing to cooperate. It was staff's recommendation that Mr. Cornell be en- couraged to proceed with implementation of his proposal. Motion to accept report It was moved by Councilman Hyde, seconded by Mayor Scott and unanimously carried that the report be accepted. c. REPORT ON RECONSIDER- After recent review of reports from the City Manager and ATION OF CARDROOM consideration of cardroom ordinances, the Council directed BUSINESS LICENSES that an ordinance be prepared to allow for the continued existence of cardrooms within the City, limited on a population formula of one per every 25,000 people or fraction thereof. Such an ordinance was presented in draft form to the Council at the meeting of March 1, 1977. Motion to reconsider Mayor Scott explained that at the last regular meeting, previous action by the the Council voted to reconsider their previous action. Council leaves existing The status now is that if no action is taken at this ordinance in effect meeting, the cardrooms will be phased out at the end of the year as the existing ordinance will remain in effect. City Council Meeting -10- March 15, 1977 Motion to accept It was moved by Councilman Hobel, seconded by Councilman public testimony Cox and unanimously carried that anyone wishing to address the Council on this item be permitted to do so within the five-minute limit and that testimony not be repetitive. Councilman Hobel noted that numerous letters have been received regarding this matter. Motion to retain letters It was moved by Councilman Hobel, seconded by Mayor Scott regarding cardrooms for and unanimously carried that the letters received be kept 60 days on file for a period of 60 days. Kay Hrwin Mrs. £rwin gave a brief outline of her situation as the 267 Church Street holder of a cardroom license. She stated that due to Chula Vista the terminal illness of her husband and her own illness, she was unable to continue operation of the cardroom on Third Avenue and she now merely holds the license. She was desirous of moving to a new location, but was unable to do so legally. Motion to continue It was moved by Councilman Egdahl that cardrooms in cardrooms with present operation be allowed to continue without expan- restrictions sion, without relocation, and for the lifetime of the current license holder, and so long as the current license holder remains the operator of the cardroom. No second to motion The motion died for lack of a second. Council discussion ensued concerning the one remaining cardroom in operation, the license of the Chub's Club being null and void under the existing ordinance, the reason for the motion to reconsider the previous action of the Council, and the testimony of Chief of Police Winters regarding police problems with the possibility of additional monitoring being required if the number of cardrooms is increased. Motion to adopt ordinance It was moved by Councilman Cox and seconded by Councilman Hobel that the previous ordinance that was considered before (on March lst) be adopted to allow for the con- tinucd operation, to provide for the transfer or assigna- bility of the license, and to control the number that would be permitted in the City by stipulating that there would be no more than one for every 25,000 residents or fraction thereof. Concern of increased At the request of Council, Chief of Police Winters again police problems spoke of his concerns on the possibility of increased police problems and monitoring if the number of cardrooms permitted is significantly increased. Amendment to motion It was moved by Councilman Cox and seconded by Councilman Hobel that the motion be amended to allow one cardroom for every 40,000 as per staff's recommendation. Amendment carried The amendment carried by the following vote, to-wit: AYES; Councilmen Cox, Egdahl, Hobel Noes: Mayor Scott, Councilman Hyde Absent: None City Council Meeting -11- March 15, 1977 Motion failed The main motion failed by the following vote, to-wit: Ayes: Councilmen Cox, Hobel NOES: Councilmen Hyde, Scott, Egdahl Absent: None Motion to continue It was moved by Councilman Hobel and seconded by Council- cardrooms - one for man Cox that operation of the cardrooms be continued with every 25,000 residents one for every 25,000 (residents). Motion would allow In response to a query from Mayor Scott as to the number two additional cardrooms of cardrooms that would be permitted if the motion as made by Councilman Hobel, is adopted, City Attorney Lindberg said that there would be the possibility of two new operators as the ordinance that was presented (March 1) speaks to the existing license holders as distinguished from the current ordinance which speaks to existing license holders at a particular location and are not subject to relocation. Motion clarified Councilman Hobel clarified his motion stating that the intent of the motion incorporated everything that the staff recommended, except the change from 40,000 to 25,000 residents. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Scott Noes: Councilmen Hyde, ggdahl Absent: None REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 20. REPORT ON SAFETY At the meeting of February 15, 1977 the Council accepted PROBLEMS AT RAISED a staff report recommending the removal of the raised CURB ISLANDS IN THE curb island on Broadway at Flower Street due to safety CITY problems. The Council then directed staff to study and inventory all other similar islands in the City and report on other possible safety problems. In a written report, Director of Public Works Robens said that the only island in the City with similar character- istics is on Broadway between "J" and "K" Streets at a midblock location which provides some pedestrian refuge. In the period 1974-76 there was only one accident involving this island and the driver was cited for being legally drunk. Since the island has not created an accident hazard, staff did not recommend its removal. accept report was by Egdahl, by Mayor Motion to It moved Councilman seconded Scott and unanimously carried that the report be accepted. 21. STATUS REPORT - In November, 1976 the City entered into a joint powers HORTICULTURAL agreement with the Sweetwater Community College District GARDEN PARK for the construction of a horticultural garden park, which was prompted by the City's application for a development grant under the Local Public Works Capital Development and Investment Program. City Council Meeting -12- March 15, 1977 Director of Parks and Recreation Hall said in a written report that a landscape architect was retained and a pre- sentation was made of conceptual drawings to a Park-School Committee, Parks and Recreation Commission and the City Beautification Committee. A finalized development plan is being compiled for presentation and approval by the City and the Community College District. Staff recommended that a joint conference date be set for this purpose. Motion for joint It was moved by Mayor Scott and seconded by Councilman conference - City Council/ Cox that a joint conference be set for the City Council Sweetwater Community and the Sweetwater Community College at an appropriate College time to be determined by the staff. 22. REQUEST FROM FRIENDS By letter to the City Manager, the Friends of the Library OF THE LIBRARY requested that benches be installed on the south portico of the Library building. The Library Board of Trustees opposed the request for the following reasons: 1) heavy traffic on the parking lot would not be conducive to leisurely outdoor reading, 2) the benches could prove to be an "attractive nuisance" to children and contribute to litter, 3) present bicycle racks would have to be removed, and 4) there are existing benches on the west patio and in the park on the north side of the building. Motion to approve It was moved by Councilman Hyde that the request be request on a trial basis approved on a limited basis - two appropriate park benches on a trial basis to see how it works. No second to motion The motion died for lack of second. Motion to refer back to It was moved by Councilman Egdahl and seconded by Council- Friends of the Library man Cox that the letter be referred back to the Friends for clarification of the Library for clarification (as to where the benches should be located specifically). The Council discussed the time involved if the request is referred back, as the Library Board only meets once a month and they would also have to reconsider the matter. Motion withdrawn Councilman Egdahl withdrew his motion. Councilman Cox agreed as the second. Motion to deny It was moved by Councilman Egdahl that the request be denied. No second to motion The motion died for lack of second. Motion to approve It was moved by Councilman Hyde and seconded by Mayor request on a trial basis Scott that the request be approved on a trial basis with two benches. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde~ Cox~ Scott, Hobel Noes: Councilman Egdahl Absent: None City Council Meeting -13- March 15, 1977 REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS 23. RESPONSES TO CITIZEN In February 1977 the Council referred a complaint from COMPLAINT (PARKING Mrs. Margaret McNary regarding a parking ticket to the CITATION - ~tlRD Town Centre Project Area Committee and the Parking Place AVENUE)Commission. The Project Area Committee voted to file the item and the Parking Place Commission said they strongly endorse the use of parking meter tokens available for purchase by merchants for their customers. The Commission suggested that a letter be forwarded to Mrs. McNary ex- plaining that monies received from parking tickets are used for the purchase of property for off-street parking. Motion to file It was moved by Mayor Scott, seconded by Councilman Cox and unanimously carried that this item be filed. 24. REQUEST FOR INFORMATION The Human Relations Commission expressed concern over ON ACQUISITION AND RE- the impact on the relocation of elderly people to make LOCATION PROCEDURES way for the South County Regional Center and requested RELATIVE TO THE PROPOSED additional information on the relocation assistance SOUTH COUNTY REGIONAL program. CENTER Motion for Director of It was moved by Mayor Scott, seconded by Councilman Hyde Community Development and unanimously carried that Mr. Desrochers go before to explain procedures the Human Relations Commission and explain the procedures to Human Relations of relocation and acquisition. Commission 25. REQUEST FOR INITIATION The Library Board of Trustees requested that a listing OF LISTING OF NEW be initiated of new books to include categories, author LIBRARY BOOKS and call number. The list would be published on a monthly basis and placed in a conspicuous location in the Library for patron use. The Library Board of Trustees asked that the Council approve this project on a six-month trial basis. Motion to accept It was moved by Councilman Egdahl that the staff recom- staff recommendation mendation be accepted (that request be denied). Bruce Murray Mr. Murray said he was representing the Chairman of the Library Board of Trustees Library Board of Trustees and he was speaking in favor of the list of new books. He referred to lists main- ~ tained by libraries in other cities and submitted a sample list to the Council. He commented on the estimated cost of $1g0 for a six months trial period and urged the Council to give favorable consideration to the request. Council discussion Council discussion followed in which Mrs. Patsy Rowe, Senior Librarian, answered questions concerning the number of new books received each month, cost and time involved in compiling the list, limited requests received in the Library for such a list and other types of lists available. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilman Egdahl NOES: Councilmen Hyde~ Cox, Scott, Hobel Absent: None City Council Meeting -14- March 15, 1977 Motion to approve request It was moved by Councilman Hyde, seconded by Mayor Scott and unanimously carried that the request be approved for a trial period of six months and at the end of that period that it be brought back for reconsideration. 26. RECO~$IENDATION FOR The City's "Bicycle Committee" recommended the installation UTILIZATION OF BICYCLE of bike lanes along Telegraph Canyon Road from 1-805 to LANES IN PREFERENCE TO Otay Lakes Road. In response to a report from Director BICYCLE PATHS ON TELE- of Public Works Robens, the Safety Commission endorsed GRAPH CANYON ROAD, EAST the "Bicycle Committee's" recommendation and asked that OF 1-805 the Council approve the installation of bike lanes. Motion to accept report It was moved by Mayor Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. MAYOR'S REPORT League of California Mayor Scott announced that the League of California Cities Cities meeting general membership meeting is scheduled for Thursday, March 24 at the Miramar Officers' Club, Miramar Naval Air Station. The host City is San Marcos. Del Mar Annual The City of Del Mar forwarded a proclamation designating "Frog Jump Day" Sunday, April 24, 1977 as the annual Del Mar Frog Jump Day, sponsored by the San Dieguito Jaycees and the Del Mar Chamber of Commerce. Proceeds of the affair are donated to Scripps Clinic and Research Foundation for cancer research. Council challenged Mayor Scott said the City Council of Del Mar is challenging to participate all other City Councils to a frog "jump-off" in support of the benefit. Motion to accept It was moved by Mayor Scott, seconded by Councilman Nobel challenge and unanimously carried that the City Council of Chula Vista accept the challenge and that a letter be sent to the Mayor of Del Mar. REQUESTS AND STATEMENTS OF COUNCILMEN Status of park acquisition Councilman Hyde asked for a brief comment from the City in the Quintardfrobias area Manager on the status of the proposed park acquisition in the Quintard/Tobias area, either for the purchase of land or the use of the San Diego Gas and Electric right of way. San Diego Gas and Electric City Manager Cole said he had just received information right of way available today from the San Diego Gas and Electric Company that for lease soon they would be amenable to leasing the right of way to the City for park purposes and there is a possibility it will be available in the near future. In answer to a ques- tion from Councilman Hyde, Mr. Cole said that the staff will bc able to prepare a recommendation as to which way the City should go - purchase or lease - within a week or two. Motion for staff report It was moved by Mayor Scott, seconded by Councilman Hyde and unanimously carried that a staff report be brought back in two weeks. City Council Meeting -15- March 15, 1977 Letter proposed in support Councilman Cox said a letter has been prepared by the of AB 389 regarding State Legislative Committee for the Mayor's signature to be Housing and Community forwarded in support of Assembly Bill 589. This Bill Development guidelines has been introduced by Assemblyman Ellis to require that the State housing guidelines be advisory rather than mandatory. Motion to send letter It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the letter be sent. SB 340 to authorize Councilman Cox also suggested support of Senate Bill 340 deduction of utility authored by Senator Campbell which authorizes a deduction tax from State from State income tax of city utility users tax and the income tax State electrical energy surcharge. Motion to send letter It was moved by Councilman Cox, seconded by Mayor Scott supporting SB 340 and unanimously carried that a letter be sent in support of SB 340. Board of Supervisors Councilman Hobel reported that the County Board of authorized funds for Supervisors have taken action to appropriate $300,000 completion of to complete the Orange Avenue extension. Orange Avenue Councilman Hobel requested permission to be absent from the Council' meeting of March 22, 1977. Motion to excuse It was moved by Councilman Hyde, seconded by Councilman Councilman Hobel Cox and unanimously carried that Councilman Hobel be from next meeting excused from the next Council meeting. Preliminary budget In answer to a query from Councilman Hyde, Assistant review to be presented City Manager Asmus said that staff is planning to present preliminary budget information to the Council on the second Thursday in April regarding the utility tax, and if possible prepare an overall budget review of preliminary information ahead of the April date because of negotiations. Motion to hold budget It was moved by Mayor Scott, seconded by Councilman Hobel meetings in the Library and unanimously carried that the staff look into the auditorium feasibility of holding the Council review of the budget in the Library auditorium in the evenings and that the staff also look into the feasibility of some of these meetings being televised. 27. WRITTEN COMMUNICATIONS a. Verified claim for presented a damages Ms. Stafford verified claim for in damages - Sharilyn an undetermined amount for the death of her husband, Stafford, 4407 Mt. Charles William Stafford, as the result of a car accident Henry Avenue, San at "E" Street and West Bay Boulevard, on December 9, 1976. Diego Motion to deny and refer It was moved by Councilman Cox, seconded by Mayor Scott to Claim's adjuster and unanimously carried that the claim be denied and referred to the insurance carrier. City Council Meeting -16- March iS, 1977 b. Request for "mail The Chamber of Commerce Streets and Highways Committee drop box traffic recommended that "mail drop box traffic slots" similar slots" - Streets to the one in front of the main Chula Vista Post Office and Highways Committee be created in various areas of the City. of Chamber of Commerce Motion for staff to check It was moved by Mayor Scott, seconded by Councilman Cox with Post Office and and unanimously carried that this be referred to staff report back to Council to check with the Post Office on the feasibility and report back to the Council. ADJOURNMENT Mayor Scott adjourned the meeting at 9:55 p.m. to 4:00 p.m. March 16, 1977 for interviews for selection of a Council Secretary and to the regular meeting Tuesday, March 22, 1977 at 7:00 p.m. (The Council will meet in a Workshop Session at 4:00 p.m. Thursday, March 17, 1977). JENNIE M. FUI~kSZ, CMC City Clerk ~/~~ Deputy City Clerk By