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HomeMy WebLinkAboutcc min 1977/02/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. February 15, 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 Scott, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg, Director of Planning Peterson, Director of Public Works Robens, Director of Finance Grant, Chief of Police Winters The pledge of allegiance to the Flag was led by Mayor Scott followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Hobel and unanimously carried that the minutes of the meetings of February 3 and 8, 1977 be approved, copies having been sent to each Councilman, with the omission on Page S of the minutes of February 8 corrected to show Councilman Egdahl voting "no" on Resolution No. ~503. ORAL COMMUNICATIONS R. L. Batterton Mr. Batterton asked if there was any Council action that 209 Nixon Place was going to be taken concerning the matter of the pos- Chula Vista sible conflict of interest on thc part of former Mayor Hamilton's vote in connection with the development project on Hdgemere Avenue by the V&V Development Corporation. He questioned the moral and ethical action of the former Mayor. No conflict of interest The Council referred to the report prepared by the City under Proposition 9 Attorney indicating that under Proposition 9, there was no legal conflict in that action as no financial interest was determined to exist. Councilman Hyde said a serious question had been raised concerning the propriety of a member of the Council accepting campaign contributions from parties involved in a matter that was being considered by the Council, and it should be cleared as to any possible ethical or moral problem. Motion to refer It was moved by Councilman Hyde, seconded by Mayor Scott question to and unanimously carried that this matter be referred to Board of Ethics Board of Ethics for their consideration with a report back to the Council. David Wignall Mr. Wignall spoke against the First Baptist Church group 1609 East 18th Street residences in Chula Vista. His allegations involved National City alleged criminal violations regarding his wife's treat- ment while living in one of the group residences. It was determined by the Council and City Attorney that this Council meeting was not the forum to discuss this matter as the proper avenue was for it to be handled through the District Attorney's office. City Council Meeting -2- February 15, 1977 Mayor Scott ruled any further discussion on these charges out of order. Clarence Knight Mr. Knight made a presentation concerning pedestrian 117 Jefferson Avenue safety, noting that it is estimated that pedestrian deaths Chula Vista will reach a total of 580~000 by 1980. He suggested that the City of Chula Vista consider the following programs to reduce pedestrian accidents: 1) education and train- ing programs, particularly for children; 2) engineering improvements to make walking safer; 5) public information programs; 4) uniform pedestrian laws and regulations with selective enforcement. At the request of the Council, Mr. Knight gave the City Clerk a copy of his presentation so that it may be made available to Council members. Sid Morris Mr. Morris responded to the letter prepared by the 862 Cedar Avenue Director of Community Development dated February 3, 1977 Chula Vista in answer to Mr. Morris's comments previously concerning the Town Centre Project and the Redevelopment Agency. Mr. Morris said he disagreed with the responses and asked for estimated figures on what thc total cost will eventually be to the taxpayers. Councilman Hobel suggested that Mr. Morris submit his final questions to the City Clerk so they may be placed on file for consideration when final decisions are made by the Council. RECESS A recess was called at 7:45 p.m. and the meeting recon- vened at 7:55 p.m. PUBLIC HEARING AND RELATED ORDINANCE 2. PUBLIC HEARING - This being the time and place as advertised, Mayor Scott CONSIDERATION OF CHANGE opened the public hearing. OF ZONE FOR APPROXIMATELY 16.61 ACRES LOCATED SOUTH OF 30TH STREET, WEST OF The Chula Vista Planning Department was informed by the EDGEMERE AVENUE, TO C-C-P, Planning Director of National City of development controls C-C-P-F AND I-L-P-F which National City has placed on properties on the south- east corner of 30th and Edgemere as a development guide for the shopping center. Me suggested that design con- trols might be considered on the adjacent Chula Vista property for the mutual benefit of both jurisdictions. ~ The property to be considered for application of the Precise Plan Modifying District consists of two parcels of 4.57 and 1.15 acres zoned C-C and C-C-F and five ad- ditional parcels totaling 10.89 acres zoned I-L-F lying north of the proposed State Highway 54 and flood control channel and bounded on the three remaining sides by the City of National City. The Planning Commission recommended approval in accordance with their Resolution No. PCZ-77-A. City Council Meeting -3- February 15, 1977 Guidelines reconlmended Director of Planning Peterson outlined concerns regarding by staff access of the properties in question, the multiplicity of o~nership, the effect of any fill that might be considered to raise tke property to the level of 30th Street, and the need for coordination among the property owners. He then briefly discussed the guidelines in the staff report. Alfred Lavach Mr. Lavach voiced his concerns about air and noise 1239 East 30th Street pollution, traffic problems, and sewer problems. He National City asked that this area be maintained as a "green belt." Mayor Scott clarified that the action on this item is to consider adding the "precise plan" designation to the present zoning - not a change in the underlying zoning. Public hearing closed There being no further comments either for or against, the public hearing was declared closed. a. ORDINANCE NO. 1728 - It was moved by Councilman Hyde that this ordinance be AMENDING ZONING MAP OR placed on its first reading and that the reading of the MAPS ESTABLISHED BY text be waived by unanimous consent. SECTION 19.18.010 0E THE CHULA VISTA MUNI- The motion carried by the following vote, to-wit: CIPAL CODE, REZONING 5.72 ACRES FROM C-C AYES: Councilmen Hyde, Cox, Scott, Egdahl, Hobel AND C-C-F TO C-C-P Noes: None AND C-C-P-F AND 10.89 Absent: None ACRES FROM I-L-F TO I-L-P-F, LOCATED SOUTH OF 30TH STREET, WEST OF EDGEMERE AVENUE, AND CERTIFYING THE NEGATIVE DECLARA- TION - FIRST READING Motion for Planning It was moved by Councilman Hyde and seconded by Councilman Commission to consider Egdahl that the Planning Commission be requested to examine other commercial or the zoning on the parcel which was just under consideration industrial zoning to determine whether or not the zoning should be consoli- dated into a single zone of C-C, I-L or some other appro- priate commercial or industrial zone. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Scott, Egdahl, Hobel Noes: None Absent: None RESOLUTIONS AND ORDINANCES, FIRST READING 3. RESOLUTION NO. 8506 - J.C. Fuller Landscape Construction has completed the ACCEPTING PUBLIC IMPROVE- irrigation and landscaping for East "H" Street median MBNTS - EAST "H" STREET island at Auburn Avenue. The 90~day maintenance period MEDIAN ISLAND IRRIGATION will end on April 14, 1977. A final inspection was made AND LANDSCAPING AT AUBURN on February 3, 1977 and all work was found to be completed AVENUE to the satisfaction of the Director of Public Works and in accordance with the contract documents. City Council Meeting -4- February 15, 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, Hyde, Cox, Scott Noes: None Absent: None 4. RESOLUTION - The following bids were received on February 3, 1977 for  ACCEPTING BIDS AND the construction of a lined channel through the J.L.J. AWARDING CONTRACT FOR Apartments: CONCRETE LINED DRAINAGE CHANNEL THROUGH THE J.L.J. CONTRACTOR BID APARTMENTS AND APPROPRIA- TING FUNDS FROM THE RESI- T.B. Penick & Sons, Inc., San Diego $74,239 DENTIAL CONSTRUCTION TAX FUND Sapper Construction Co., San Diego 89,975 The staff recommended that the bids be accepted and the contract awarded to the low bidder, T. B. Penick & Sons, Inc. in the amount of $74,239. Bids $10,000 The Council discussed the fact that the bids came in over estimate nearly $10,000 over the engineer's estimate and that the City will have to pay this additional cost. It was deter- mined that the J.L.J. Apartments would materially benefit from this project. Motion to continue item It was moved by Mayor Scott, seconded by Councilman Cox for one week and contact and unanimously carried that this item be held over for J.L.J. Apartments to one week and that the J.L.J. Apartments be contacted to participate in project have them pay the $10,000 difference between what was appropriated by the Public Works grant and what came in on the bid. 5. RESOLUTION NO. 8507 - Assembly Bill 3107 authorizes local agencies to remit AUTHORIZING THE USE OF money to the State Treasurer for deposit in the Fund as THE LOCAL AGENCY INVEST- an investment media alternative. The Director of Finance MBNT FUND UNDER THE outlined the advantages of this new legislation and OFFICE OF THE CALIFORNIA recommended that the City use the State Treasurer's STATE TREASURER AS AN Office ms an additional source for investments. INVESTmeNT MEDIA ALTERNA- TIVE 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, Scott, Egdahl, Hobel, Hyde Noes: None Absent: None 6. RESOLUTION NO. 8508 - In September 1976 the City Council adopted Resolution APPROVING AGREEMENT No. 8340 approving a Memorandum of Understanding to im- BETWEEN THE CITY OF plement paramedic services. Participants in this service CHULA VISTA AND BAY CITIES program are the City of Chula Vista, County of San Diego, AMBULANCE, INC. TO PRO- Bay General Community Hospital, Chula Vista Community VIDE PARAMEDIC SERVICES Hospital, Bonita/Sunnyside Fire Protection District and TO THE CITY OF CHULA VISTA Montgomery Fire Protection District. A~D SPECIFIED ADJACENT AREAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT City Council Meeting -5- February 15, 1977 In order to activate paramedic services for Chula Vista and the two fire districts, tkree agreements must be concluded: the first two between the City and Bay Cities Ambulance and Bay General Cor~aunity Hospital; and the third between the City and the County Division of Emergency Medical Services. No direct costs for the paramedic program will be borne by the City. 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, Hyde, Cox, Scott, Egdahl Noes: None Absent: None 7. RESOLUTION NO. 8509 - This is one of three agreements that must be completed APPROVING AGREEMENT to activate paramedic services for the City as outlined BETWEEN THE CITY OF in Agenda Item No. 6. CHULA VISTA AND BAY GENERAL CON[qUNITY HOSPITAL TO PROVIDE PARAMEDIC SERVICES TO THE CITY OF CHULA VISTA AND SPECIFIED ADJACENT AREAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None 8. RESOLUTION NO. 8510 - This is one of three agreements that must be completed to APPROVING AGREEMENT activate paramedic services for the City as outlined in BETWEEN THE CITY OF Agenda Item No. 6. CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE PARAMEDIC SERVICES TO THE CITY OF CHULA VISTA AND SPECIFIED ADJACENT AREAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None City Council Meeting -6- February 15, 1977 Motion for report It was moved by Councilman Hobel~ seconded by Mayor regarding number of Scott and unanimously carried that the City Manager be paramedics required directed to come back with a report in one week for in unit clarification regarding the requirements of the number of paramedics with the unit - if two paramedics are required in addition to the driver of each ambulance. Motion for report It was moved by Councilman Hyde, seconded by Councilman regarding operation of Hobel and unanimously carried, in reference to Item 6, paramedic service that the City Manager report back to the Council the first meeting in July the experience to that time as to the operation of the paramedic service. 9. ORDINANCE NO. 1729 - At the request of the Historical Site Board, the City AMENDING SECTION 2.68.040 Attorney drafted certain changes amending the City's OF CHAPTER 2.68 OF THE Municipal Code relating to the duties and functions of CHULA VISTA MUNICIPAL the Board. On February 7, 1977 the Historical Site CODE RELATING TO THE Board voted unanimously to recommend that the Council DUTIES AND FUNCTIONS OF adopt the proposed amendments. THE HISTORICAL SITE BOARD - FIRST READING Ordinance placed It was moved by Councilman Hobel 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 Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None 10. ORDINANCE NO. 1730 - Section 36516.2 of the Government Code provides for a AMENDING SECTION 2.04.580 five percent annual pa7 increase for City Councilmen OF THE CHULA VISTA MUNICI- whose basic compensation is fixed by the California PAL CODE RELATING TO COM- State Legislature. This ordinance provides for such an PENSATION FOR COUNCILMEN - increase, effective May 1, 1977. FIRST R~ADING Ordinance placed It was moved by Councilman Hobel 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 Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None City Council Meeting -7- February 15, 1977 CONTINUED MATTERS AND SECOND READING OF ORDINANCE 11. ORDINANCE NO. 1727 - Various jurisdictions in the County of San Diego have AMENDING SECTIONS adopted tke Uniform Building Code, 1976 Edition and it 15.08.010 15.08.020 has been endorsed by the Building Contractors Association. 15.08.030 15.08.050 All the proposed amendments are presently in the Municipal 15.08.060 15.08.070 Code, but are restated. 15.08.120 15.08.130 15.08.150 15.08.240 This ordinance was placed on first reading at the meeting 15.08.270 15.08.310 of February 8, 1977. 15.08.320 15.08.370 15.08.410 AND REPEALING SECTIONS 15.08.040, 15.08.080 15.08.090 15.08.100 15.08.110 15.08.140 15.08.160 15.08.170 15.08.180 15.08.190 15.08.200 15.08.210 15.08.220 15.08.230 15.08.250 15.08.260 15.08.280 15.08.290 15.08.300 15.08.330 15.08.340 15.08.350 15.08.360 OF CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM BUILDING CODE, 1976 EDITION - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Hyde that this ordinance be second reading and placed on its second reading and adopted and that reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Scott, Egdahl, Hobel Noes: None Absent; None REPORT OF THE CITY MANAGER 12. REPORT ON REQUESTED On February 1, 1977 the City Council voted to refer to AMENDMENTS TO THE CARD staff the population formula (other than (1) for every ROOM ORDINANCE AND STAFF 50,000 residents) for controlling the number of card REPORT RECORDING THE rooms in the City. In a written report, Acting City CRITERIA FOR POPULATION Manager Asmus stated that staff has reviewed other alter- FIGURES natives and concluded that almost any figure could be considered viable; however, a reduction to one (1) for every 40,000 residents would probably permit one additional card room as soon as a new population certification is requested. (The City is unofficially approaching 80,000 population). Motion to accept report It was moved by Councilman Hobel and seconded by Council- man Egdahl that the report be accepted. City Council Meeting -8- February 15, 1977 It was noted that in the report the staff recommended that the City's card room ordinance be amended to: 1. Allow for continued operation 2. Provide for transfer of assignability 3. Control the number permitted by allowing one (1) for each 50,000 residents or fraction thereof. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the Council vote first on item (1) - "Allow for continued operation." Amendment to It was moved by Councilman Hyde that the motion be amended substitute motion and that the Council vote first on the issue of how many card rooms should be allowed (Item 3). Councilman Hobel agreed to the second, and the motion carried unanimously. Council discussion Council discussion ensued concerning the number of card rooms that have operated in the City in the past, the monopoly of the two existing card rooms, past and poten- tial police problems, and the apparent variance in the police reports, and the history of the card room ordinance. Clarification of Chief of Police Winters clarified the police reports police reports stating that he does not recall any complaints regarding the card rooms in the last five or six years; however, it is assumed that if the Ordinance is enforced 100% and there is a large number of card rooms, because of the competition, the card rooms may make complaints against each other which will create police problems. Motion to control It was moved by Mayor Scott and seconded by Councilman number of card rooms Egdahl that on Item 3 - that the number permitted be controlled by allowing one for each 25,000 residents or fraction thereof. Amendment to motion It was moved by Councilman Hyde that the motion be amended to make it one for each 20,000 residents, instead of 25,000. Amendment died for Amendment to motion died for lack of second. lack of second Motion to control number The motion controlling the number of card rooms at one of card rooms carried for each 25,000 residents or fraction thereof carried by the following vote, to-wit: AYES: Mayor Scott, Councilmen Egdahl, Hyde, Cox Noes: Councilman Hobel Absent: None Motion to strike Item 2 It was moved by Councilman Hyde that Item 2 - Provide for transfer or assignability - be stricken. The motion died for lack of second. City Council Meeting -9- February 15, 1977 Motion to provide for It was moved by Councilman Cox and seconded by Councilman transfer or assignability Hobel that provision he made for the transfer or assigna- bility of licenses. Council discussion Council discussion followed concerning review by the Police Department of persons receiving the license, permitting sale of licenses, handling licenses under a lottery system, and procedures for transfer or assigna- bility differing from procedures in issuing new licenses. Motion carried The motion to provide for transfer or assignability carried by the following vote, to-wit: AYES: Councilmen Cox, Hobel, Egdahl Noes: Mayor Scott, Councilman Hyde Absent: None Motion to allow for It was moved by Councilman Hobel and seconded by Council- continued operation man Cox to allow for continued operation (Item 1). The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Cox, Scott, Egdahl Noes: Councilman Hyde Absent: None Motion for ordinance It was moved by Mayor Scott, seconded by Councilman Hobel and unanimously carried that an ordinance be brought back to the City Council incorporating those motions made by the City Council tonight. Mayor Scott clarified the motions stating that the Council has decided to allow for continued operation, to provide for transfer or assignability, and that the number per- mitted is one card room for each 25,000 residents or fraction thereof as given by the annual census. 12. a. MODEL OF EL RANCHO Acting City Manager Asmus announced that the model of DEL REY COMPLETED E1 Rancho del Rey is completed and ready for Council viewing regarding open space. Staff recommended that a Council Conference be set for this purpose and suggested the date of February 24 at 4:00 p.m. - the same time that the Civic Center renovation plans will be discussed. The Council concurred with the staff recommendation. 12. b. REQUEST TO CLOSE A Mr. Asmus stated that Director of Public Works Robens had PORTION OF "C" STREET a slide to discuss with the Council concerning the closing of a portion of "C" Street. Mr. Robens said the contract has been signed for the con- struction of North Glover to Third Avenue involving the closing of "C" Street. He outlined the area to be closed and stated that access will remain to the Department of Motor Vehicles. Permission was requested to close "C" Street for a period of three or four weeks noting that all the properties involved have been notified of the intended closing. City Council Meeting -10- February 15, 1977 Motion to close It was moved by Mayor Scott, seconded by Councilman Hobel "C" Street and unanimously carried that permission be granted (to close a portion of "C" Street as described by Director of Public Works Robens]. REPORTS OF CITY OFFICERS ;dqD DEPARTMENT HEADS 13. REPORT ON TRAFFIC In November 1976, in response to a petition by residents, CONDITION ON EAST SAN the City Council voted to accept staff's recommendation MIGUBL DRIVE BETWEEN to install a centerline in the vicinity of the curve on HILLTOP DRIVE AND East San Miguel Drive and for strict Police enforcement. CUYAMACA AVENUE In a written report, Director of Public Works Robens out- lined staff actions accomplished together with a summary of the data collected in the vicinity of the curve con- cerning speed surveys, traffic counts, and accident rate. The Police Department has increased patrol in the area and has not issued any speeding citations during the past three months. They recommended the discontinuation of special enforcement action. Motion to accept report It was moved by Councilman Cox, seconded by Mayor Scott and unanimously carried that the report be accepted. 14. REPORT ON REMOVAL OF In a written report, Director of Public Works Robens stated RAISED CURB ISLAND AND that this intersection has had the most traffic accidents FLASHING YELLOW SIGNAL (25) of any non-signalized intersection in Chula Vista ON BROADWAY AT FLOWER during the period 1974-76. The Traffic Engineering Divi- STREET sion conducted a study to determine the primary causes of the accidents and examine possible solutions, and they recommended removal of the raised curb island and signal foundation with City forces at an estimated cost of $200. The Safety Commission concurred and also recommended that the lumens at Broadway and Flower be increased equivalent to the lighting at Broadway and "E" Street, and that the island not be removed until the lighting is upgraded. Motion to accept report It was moved by Councilman Egdahl and seconded by Council- man Mobel that the report be accepted. Clarence Knight Mr. Knight read a letter addressed to the Safety Commission 117 Jefferson Avenue in 1960 requesting that a survey be made regarding the Chula Vista traffic conditions at the corner of Broadway and Flower Street and enumerating the accidents and deaths that had occurred in this area, prior to the installation of the light and raised curb island. Mr. Knight spoke in favor of removing the raised island, but asked that the light be retained for safety reasons. He suggested a pedestrian activated light. Motion carried The motion to accept the staff report carried unanimously. Motion for report on It was moved by Councilman Cox, seconded by Mmyor Scott similar traffic islands and unanimously carried that the Safety Commission and staff be~ requested to take an inventory of any other similar islands that should be removed and report back to the Council. City Council Meeting -11- February 15, 1977 1S. REPORT ON ATTEMPTS TO On February 24, 1976 the Board of Supervisors withdrew ANNEX THE AREA IN THE from public sale a parcel of land located at the northeast NORTHEAST QUADRANT OF corner of Hilltop Driye and "H" Street. The purpose of THE INTERSECTION OF this action was to permit Chula Vista to annex the parcel "H" STREET AND HILLTOP as the City wanted to insure that sidewalks were installed DRIVE adjacent to the parcel when it developed. Director of Planning Peterson said in a written report that the Local Agency Formation Commission continued the "East 'H' Street Annexation," which included the parcel and the abutting portion of "H" Street and the accompany- ing flood control district detachment, until the March 7 LAFCO meeting. The Board of Supervisors and the Special Districts Advisory Committee recommended that the City expand the boundaries to eliminate the eight lot County island that would be created to the south of "H" Street, or withdraw the annexation. Mr. Peterson described the properties in question and stated that property owners in this area have been con- tacted a number of times in recent years and they are not in favor of annexation. He also described an alternate method of annexation provided by State law which the County could use involving "reorganizing" the area, with- drawing it from special service districts and then annex- ing to the City. Staff recommendation The staff recommended that 1) the Mayor be authorized to send a letter to the Board of Supervisors requesting the County to sponsor a reorganization of the area in question, with a subsequent annexation to the City, and 2) authorize the City Manager to withdraw from LAFCO the application for the East "H" Street Annexation. Motion to file report It was moved by Mayor Scott that the report be filed. Motion died for The motion died for lack of a second. lack of second Motion to accept staff It was moved by Councilman Hobel and seconded by Council- recommendation man Cox that the staff recommendation be accepted. Citizens spoke against Mr. Jack Brennan, 309 Hilltop Drive; Mary Willardson, 509 annexation Carvallos Drive; Mr. George Burkhart, 4307 Adrian Drive; and Mr. Keith Atherton, Bonita - all spoke against annexa- tion of this area. Motion failed by The motion to accept the staff recommendation failed by unanimous vote a unanimous negative vote. REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS 16. RECOMMENDATION REGARDING At the meeting of December 14, 1976 Councilman Cox noted THE INTERSECTION OF MILLAN that Nacion Avenue has been completed from East "J" Street AND NACION to Telegraph Canyon Road and residents in the area indi- cated that there have been several near collisions at the intersection of Millan and Nacion. The Council referred this matter to staff and the Safety Commission to investi- gate and determine if any action should be taken to correct the problem. City Council Meeting -12- February 15, 1977 The Chairman of the Safety Commission, in a written report, stated that the Commission and staff discussed the problem in January, 1977 and the Commission voted to approve the recommendation that staff keep this area under observation and report back to the Commission at the end of six months. Motion to accept report It was moved by Councilman Cox, seconded by Mayor Scott and unanimously carried that the report be accepted. 17. STATUS REPORT - RECO}~{ENDA- At the meeting of December 7, 1976 the Council referred TION FOR THIRD AVENUE #29 the Safety Commission's recommendation to change the #29 BUS STOP CHANGE San Diego Bus stop located on Center and Third to the south side of Third and "F" to the Parking Place Commission, the Town Centre Project Area Committee and staff for recom- mendation. In a written report, the Parking Place Commission stated that the Commission is opposed to the removal of the five metered parking spaces and recommended that no action be taken in regard to the actual relocation of the bus stop until both the Town Centre Project Area Committee and the Commission have had an opportunity to review the redevelop- ment plans and the use of the blocks between Center and "F" Street and Third and Fourth Avenue are clearly deter- mined (approximately five weeks). Motion to accept report It was moved by Councilman Cox, seconded by Councilman Hobel and unanimously carried that the report be accepted. 18. STATUS REPORT - On December 7, 1976, at the request of the Parking Place ACQUISITION OF CHURCH Commission, the Council continued consideration of the STREET PROPERTY City Manager's report on the acquisition of Church Street property for sixty days to permit the Commission time to forward more facts and figures in support of its request that the property be purchased for off-street parking. The Commission requested that this item be deferred for an additional sixty-day period as all necessary informa- tion is still not available. Motion to accept report It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted. MAYOR'S REPORT Appointment to Human Mayor Scott said he had nominated Joy Sheresh for appoint- Relations Commission - ment to the Human Relations Commission and asked for Joy Sheresh Council ratification. Motion to ratify It was moved by Councilman Hyde, seconded by Councilman appointment Cox and unanimously carried that the appointment be rati- fied. Appointment to the Mayor Scott nominated John J. Klein for appointment to the Environmental Control Environmental Control Commission. Commission Motion to ratify It was moved by Councilman Cox, seconded by Councilman appointment Hyde and unanimously carried that the appointment be ratified. City Council Meeting -13- February 15, 1977 Proposed federal bill Mayor Scott referred to form letter received from United on "taxable hond option" State~ Senator Edward Kennedy regarding Senate Bill 261 which proposes a 48% federal interest subsidy for State and local governments that elect to issue taxable bonds - referred to as "taxable bond option." Mayor Scott said this might have a considerable effect on cities and sug- gested that this be referred to the Legislative Committee for a report. Motion to refer to It was moved by Councilman Hyde, seconded by Mayor Scott Legislative Committee and unanimously carried that this matter be referred to the Legislative Committee for a report to the Council. Request for representative Mayor Scott read a letter received from the Sweetwater to advisory committee on Union High School District regarding a problem of segre- segregation problem - gation that has developed in recent years. An advisory Sweetwater High School committee is being established which will include com- District munity, staff, and student representation. The City has been invited to designate a representative to this com- mittee. The first meeting will be held at the District Office, Wednesday, March 2 at 7:30 p.m. Motion to refer to Human Relations Commission It was moved by Mayor Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to the Human Relations Commission for them to make the appointment. Response from San Diego Mayor Scott read a portion of a letter received from the Gas and Electric Company San Diego Gas and Electric Company in response to a letter regarding Utility Users from the City concerning the utility users tax. Questions Tax were answered regarding cost to revise the program and base tax on units of energy consumed and estimated number of kilowatt hours of electricity and therms of gas that were consumed during 1976 by customers subject to the utility tax. In summary, the San Diego Gas and Electric Company advised that the existing program could be modified at minimal cost to base tax payment on units of energy consumed. However, having a "cap" or ceiling of tax paid per customer would be a costly and time-consuming program. Motion to refer to It was moved by Councilman Hyde and seconded by Mayor staff for report Scott that this matter be referred to staff with the recommendation that they evaluate the impact upon the present City budget if the policy is adopted of taxing on therm$ used per tax bill and that it come back to the Council in two weeks. Council discussion followed concerning the need for the report and the difference in taxing on dollar amounts and on units of energy used. Motion withdrawn Councilman Hyde withdrew his motion, Mayor Scott withdrew his second. City Council Meeting -14- February 15, 1977 Pre-budget conference The Council suggested that the staff schedule a pre-budget suggested conference, approximately six weeks prior to budget sessions. Motion to eliminate It was moved by Mayor Scott and seconded by Councilman $1,000 cap Cox that the Council eliminate the $1,000 cap (on the Utility Users Tax). Motion clarified Mayor Scott clarified the motion stating that the intent is to not have the $1,000 per year per customer account as a cap. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Scott, Councilmen Egdahl, Hyde, Cox Noes: Councilman Hobel Absent: None Motion for Council It was moved by Councilman Cox, seconded by Mayor Scott Conference second and unanimously carried that a Council Conference be week in April scheduled for the second week in April to work out the details on basing the tax on units of energy. Director of Finance to At the suggestion of Acting City Manager Asmus, the submit opinion on letter Council requested that the Director of Finance analyze from SDG&E the response from the San Diego Gas and Electric Company and submit his opinion on the letter. Motion for materials to It was moved by Councilman Hyde and seconded by Councilman be provided to candidates Cox that all regular papers that are normally provided in for Mayor a packet to the Council members be made available to the candidates for the position of Mayor. Substitute motion It was moved by Councilman Cox, seconded by Mayor Scott and unanimously carried that the staff be authorized to provide a briefing for all the candidates for Mayor and to certainly make available any information that they would deem necessary in their campaign, including a packet if requested. REQUESTS AND STATE~NTS OF COUNCILMEN 19. CANCELLATION OF MEETING On March 8, three Councilmen will be attending the OF Nt~RCH 8, 1977 AND National League of Cities Conference in Washington, D.C. CALLING MEETING FOR and a quorum will not be present. The Council may wish MARCH 29, 1977 to schedule a meeting on March 29. Motion not to have It was moved by Councilman Hobel, and seconded by Council- a meeting on March 29 man Egdahl that no meeting be held on March 29 (a fifth Taesday). Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Hobel, Egdahl NOES: Councilmen Hyde, Cox, Scott Absent: None Motion to accept report It was moved by Mayor Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted, canceling the meeting of March 8 and adding a meeting on March 29. City Ceuncil Meeting -15~ February 15, 1977 20. WRITTEN COF~UNICATIONS a. RESIGNATION FROM THE Mr. Michael H. Prad¢ls submitted his resignation from ENVIRONMENTAL CONTROL the Environmental Control Commission in a letter dated CO~ISSION February 9, 1977. Motion to accept It was moved by Councilman Hyde, seconded by Mayor Scott resignation and and unanimously carried that the resignation be accepted send letter of and a letter of appreciation for services be sent to appreciation Mr. Pradels. Motion for It was moved by Mayor Scott, seconded by Councilman Cox Executive Session and unanimously carried that an Executive Session be held on pending litigation. EXECUTIVE SESSION The Council recessed to Executive Session at 9:43 p.m. and the meeting reconvened at 10:00 p.m. ADJOURNMENT Mayor Scott adjourned the meeting at 10:01 p.m. to the meeting scheduled for Tuesday, February 22, 1977 at 7:00 p.m. JENNIE M. FULASZ, CMC City Clerk Deputy City Clerk