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HomeMy WebLinkAboutcc min 1976/10/05 MINUTES OF A REGULA~ MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 5, 1976 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 Hamilton, Councilmen Hyde, Cox, Hobel Councilmen absent: Councilman £gdahl Staff present: City ~anager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Assistant Director of Public Works Lippitt, Assistant Director of Planning Williams, Assistant City Attorney Beam, Administrative Assistant Boyd (Engineering), Director of Parks and Recreation Hall, Citizens Assistance Officer Smith, Chief of Police Winters The pledge of allegiance to the Flag was led by b~ayor Hamilton followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried by those present that the minutes of the meeting of September 28, 1976 be approved, copies having been sent to each Councilman. SPECIAL ORDERS OF THE DAY 2. ALL STATES PROGPOB! - Mayor Namilton read the Proclamation saluting SOUTH DAKOTA the State of South Dakota. ~embers of the audience from this State were asked to stand and introduce themselves. ORAL CO~4UNICATIONS James Matherly Mr. Matherly reviewed a statement he made 402 Oaklawn before the Comprehensive Planning Organization Chula Vista in September in opposition to the Title I Grant Application for RETC. He expressed his feelings concerning the national debt and was opposed to this project as increasing this debt. Norman Starr Mr. Starr outlined a problem in connection 824 Jamaica Court with sewer hookup for his approved project San Diego, CA 92109 of 40 units in the Castle Park area which is created by the fact that part of the line is in the City and part of it is in the County. He said the portion under the City's juris- diction can be handled, but asked Council assistance in expediting the reconstruction of the line in the County area or that he be released from this condition. Motion for staff It was moved by Mayor Hamilton, seconded by direction to work Councilman Hyde and unanimously carried by with County those present that the City Manager and ap- propriate members of the staff be directed to work with the County to resolve this problem, even if the City has to take charge and the County reimburse the City for getting the system completed. City Council Meeting -2- October 5, 1976 Mr. Starr to be Councilman Hobel asked that Mr. Starr be informed of progress kept informed as to the status of the situa- tion. Syd Xinos Mr. Xinos referred to Council action taken Schwerin, Xinos & Associates last week (September 28) concerning a proposed Consulting Engineers 106 unit apartment complex to be developed San Diego on Edgemere Drive which they referred to tile Planning Commission for further study and "in effect placed a moratorium on the project." Mr. Xinos further felt this was unfair and that apparently the Council was not fully informed concerning the project. They wanted to make a presentation at this time with the hopes that tile Council would reconsider their action taken last week. Discussion of the Mr. James J. Zimsky, Coldwell Banker, San development and Diego; ~tr. Walter Schwerin, View Development, request for recon- San Diego; ~r. Alan N. Nevin, Urban Economist, sideration Sanford Goodkin Research Corp., Del ~Iar; and Mr. Vernon Holt, V. & V. Development, Chula Vista discussed in detail the history of the development including: 1) their contact with City staff, 2) R-3 zoning on the property, 3) procedures before the City Planning Com- mission, 4) EIR procedures, 5) application for Flood Plain permit, 6) time lines during entire process, 7) need for this type of low cost housing, 8) time and investment involved in site plans, grading plans, surveys, title search, 9) public hearings before the Planning Commission on the EIR with public input included in the report, and 10) com- plete cooperation of the developer with the Planning staff and Planning Commission. Concluding statements noted that the EIR was adopted and a Conditional Use Permit granted by the Planning Commission to build on the Flood Plain, and the City Council was again asked to reconsider their action of September 28, 1976. Citizens opposed Mr. George Ronis, 171 North Del Mar, Chula Vista; Hr. Dean Dunphy, Dunphy Construction Company, San Diego; Mr. Ted Bell, 70 Valecitos Way, Chula Vista; and Joseph Lanz, 551 Wisteria, Chula Vista spoke in opposition to the develop- ment and in favor of having the zoning recon- sidered by the Planning Commission and City Council, making specific comments on the following: 1) EIR procedures, 2) that the Director of Planning had reservations that the property was properly zoned as R-S, 3) people directly affected should be given an opportunity to be heard at a public hearing where all concerns can be discussed, 4) the EIR process is based on assumption that property is properly zoned, 5) the proposed development is an "island" surrounded by industrial developments, 6) location on a hillside will cause traffic problems, 7) no sidewalks and no schools, 8) serious drainage problem, 9) current developer only involved since April 1976, 10) and whether the EIR procedures were appropriate. Conclusions were that the development should be delayed until a proper determination could be made on the zoning. City Council Meeting -3- October 5, 1976 Council discussion Council discussion ensued concerning scope of review by staff and Planning Commission limited by requirements of R-S zone and development in the flood plain, unresolved issues, complexity of problem, the EIR process, timing on all procedures, and possible lia- bility of City for drainage problems if any result from the development. It was noted that the matter is currently scheduled to be considered by the Planning Commission on October 28, 1976. RECESS A recess was called at 8:35 p.m. and the meeting reconvened at 9:05 p.m. Rebuttal comments Mr. Xinos made some rebuttal remarks concerning co~m~ents of those people speaking in opposition to the development, particularly responding to statements of personal interests involved, EIR studies, concern of children in the area, and the legal standing on this issue at this point. Public hearing Mr. Ronis stated that if the Council should process requested negate their action of last week, the people concerned would have no choice but to take appropriate legal action to enjoin the City from proceeding any further with the issuance of permits until the zoning is resolved. He again asked that the matter be settled through the public hearing process. Council has authority City Attorney Lindberg indicated that basic to impose moratorium law as to vested rights in development of land is that those rights do not vest until a building permit is obtained and until such time, the Council has the authority to impose a moratorium to consider the rezoning of the property. Motion not to issue It was moved by Councilman llyde and seconded building permits by Councilman llobel that staff be directed not to issue building permits on this property until the Planning Commission has responded to the reference of this matter to them. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Hobel Noes: Mayor Hamilton Absent: Councilman Egdahl PUBLIC HEARING AND RELATED RESOLUTION 3. PUBLIC HEARING - Assistant Director of Public Works Lippitt CONSIDERATION OF IMPOSING reported that a written request was received RULES AND REGULATIONS GOVERN- from the engineer of Robinhood Point Subdivision lNG ~IE MOVEMENT OF VEHICLES requesting the imposition of all rules and ON PRIVATE STREETS AND PARKING regulations governing the movement of vehicles, AREAS, ROBINHOOD POINT SUB- including but not limited to speed, parking and DIVISION stopping regulations on all private streets~ both existing and proposed, in Robinhood Point Subdivision Units #1 through #4. These streets are shown on the revised tentative map that was accepted by the City Council by Resolution 8146 on Hay 4, 1976. City Council Meeting -4- October 5, 1976 No comments from City In answer to a query from Councilman Hyde Police Department asking if any comments or concerns had been expressed by the City Police Department, Mr. Lippitt said none had been received. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Mr. Sid Morris Mr. Morris asked if there was a problem 862 Cedar with law enforcement on private property Chula Vista in connection with this traffic control. Clarification by The City Attorney clarified the process City Attorney of the public hearing which permits the Council to impose the same regulations on undedicated streets as on dedicated public streets as authorized under the Vehicle Code of the State of California. Public hearing closed There being no further comments, either for or against, the public hearing was declared closed. a. RESOLUTION NO. 8341 - Offered by Councilman Hyde, the reading of IMPOSING RULES AND REGULATIONS the text was waived by unanimous consent GOVERNING THE MOVEMENT OF of those present, passed and adopted by VEHICLES AS CoN, rAINED IN THE the following vote, to-wit: TRAFFIC CODE OF THE CITY OF CHULA VISTA AND THE CALIFORNIA AYES: Councilmen ttyde, Cox, tlamilton, Hobel VEHICLE CODE ON CERTAIN Noes: None PRIVATE STREETS AND PARKING Absent: Councilman Egdahl AREAS LOCATED IN THAT CERTAIN SUBDIVISION KNOWN AS ROBINHOOD POINT CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried by those present that the Consent Calendar be approved and adopted. 4. RESOLUTION NO. 8342 - Bids were received for the construction of ACCEPTING GRANT OF EASEMENT a sidewalk ramp at the northeast corner of FROM SING S. AND YEN L. HOM Third Avenue and "E" Street. In order to FOR PUBLIC SIDEWALK PURPOSES construct the ramp in accordance with City standards, it was necessary to obtain a seven foot by ten foot easement adjacent to the Bank of America building for public sidewalk purposes. This easement has been granted to the City by the property owners, Sing S. and Yen L. Hom. S. RESOLUTION NO. 8543 - T.B. Penick and Sons~ Inc. has completed ACCEPTING PUBLIC IMPROVEMENTS - the construction of the reinforced concrete FIFTH AVENUE BOX CULVERT, SOUTH box culvert across Fifth Aven~e, south of OF CENTER STREET Center Street. All work was completed in accordance with the contract documents dated August 6, 1976 awarded by Council Resolution No. 8265 on July 27, 1976. A final inspec- tion was made September 24, 1976 and all work was completed to the satisfaction of the Director of Public Works. 6. RESOLUTION NO. 8344 - The City Council, by Resolution No. 8175, awarded ACCEPTING PUBLIC IMPROVEmeNTS - a contract to R. S. Construction Company to con- CONSTRUCTION OF STORM DRAIN IN struct a storm drain in Fifth Avenue between FIFTH AVENUE BETWEEN "J" AND "K" "J" and "K" Streets. The contract work was to STREETS be completed within 60 days; when work began, City Council Meeting -5- October 5, 1976 unstable trench conditions led to problems in supporting the trench walls, delaying the progress for about two weeks. The City engineering staff found it reasonable to adjust the starting date to July 6, 1976 making the completion date September 7, 1976. The contractor completed the work on September 21, 1976 and the City has imposed the liqui- dated damage clause of Section 3-04 of the con- tract documents providing for payment to the City of $S0 per day for each day's delay to cover inspection costs. R. S. Construction Company was notified in writing of the $50 per day penalty. A final inspection was made on September 21, 1976 and all work was found to be in accordance with the contract plans and specifications. 7. RESOLUTION NO. 8345 - Robinhood Homes, Inc. has completed the public APPROVING AND ACCEPTING PUBLIC improvements for Rancho Robinhood Unit No. 1 IMPROVEMENTS IN THAT CERTAIN Subdivision consisting of llS lots located SUBDIVISION KNO~N AND DESIG- westerly of Otay Lakes Road and southerly of NATED AS RANCHO ROBINHOOD UNIT Alien School Lane. A final inspection was NO. 1 SUBDIVISION made on September 29, 1976 and ail work has been completed to the satisfaction of the Director of Public Works. 8. RESOLUTION NO. 8346 - Rancho Rios Developers and the Odmark Company APPROVING AND ACCEPTING PUBLIC have completed the public improvements for IMPROVEMENTS IN THAT CERTAIN Rancho Rios Unit No. 6 Subdivision consisting SUBDIVISION KNOWN AND DESIG- of 98 lots located south of Hain Street on NATED AS RANCHO RIOS UNIT NO. 6 the extension of Helrose Avenue. A final inspection of the improvements was made September 20, 1976 and all work has been com- pleted to the satisfaction of the Director of Public Works. 9. RESOLUTION NO. 8347 - On August 10, 1976 by Resolution No. 8314, the APPROVING AGREEMENT BETWEEN City Council approved modifications to the ~tE CITY OF CHULA VISTA ;dqD conditions of a variance, PCV-75-13, pre- JOSEPH BUSH, IRENE BUSH, AND viously granted to Joseph Bush by the Planning MICHAEL BUSH FOR DEFERRAL OF Commission for property abutting the northerly SIDEWALK ALONG TOYON LANE right of way line of Toyon Lane. One of the modifications to the variance was that the requirement to install 295 feet of sidewalk be deferred subject to the posting of a lien on the property. The property owners, Joseph Bush, Irene Bush and riichael Bush have executed a lien agreement in the amount of $2,S00 to serve as a performance guarantee for the instal- lation of the sidewalk, which was deferred by the City Council. 10. RESOLUTION NO. 8348 - On September 29, 1976 Alton and Arlene ACCEPTING EASEmeNT FOR STREET Beauchamp signed a grant of easement for PURPOSES FRO~{ ALTON AND ARLENE street purposes to the City for a strip of BEAUCHP&IP AND NAMING AND property 25~ feet in width adjacent to DEDICATING AS KENNEDY STREET Kennedy Street. This dedication will pro- t vide the additional width for the 55½ foot k right of way adjacent to this property for Kennedy Street. City Council Meeting -6- October 5, 1976 11o RESOLUTION NO. 8349 - The City's Coastal Commission Pilot Local REQUESTING EXTENSION OF Implementation Program Grant expired on CALIFORNIA COASTAL ZONE September 30, 1976. The Commission advised CONSERVATION C0~ISSION the City that an extension of the grant PILOT LOCAL IMPLEMENTA- period was possible upon adoption of a TION PROGRAM CONTRACT resolution of request. 12. RESOLUTION NO. 8350 - The City Council has accepted a lien agree- AMENDING RESOLUTION NO. 8270 ment for the deferral of certain improvements AUTHORIZING THE DEFERRAL OF by Louis Guillemette, and imposed a lien upon THE INSTALLATION OF CERTAIN two parcels created by the parcel map. The PUBLIC IMPROVEMENTS ON PROPERTY property owner now desires that one of the OWNED BY LOUIS GUILLEMETTE parcels be sold and that the City release the LOCATED AT 167 SECOND AVENUE lien on said parcel. The lien will be im- posed only upon Parcel 2. (End of Consent Calendar) RESOLUTIONS AND ORDINANCES, FIRST READING 13. RESOLUTION NO. 8351 - This grant will allow for the purchase of APPROVING APPLICATION FOR 16 Radio Detection Alarms that will be placed CHULA VISTA ROBBERY AND in those commercial establishments and in- BURGLARY PROJECT GRANT stitutions (schools) that the City's Crime Analysis indicates are more apt to be the victim of either robbery or burglary. The City will have to pay five percent ($676) of the total cost of $13,513. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton Noes: None Absent: Councilman Egdahl 14. RESOLUTION NO. 8352 - The following bids were received on September ACCEPTING BIDS AND A}gARDING 24, 1976 for the construction of sidewalk CONTRACT FOR INSTALLATION OF ramps on Third Avenue between "E" Street SIDEWALK RAMPS ON THIRD and "G" Street: AVENUE, "E" TO "G" STREET G. Spikes ~lasonry & Cement $ 6,495.00 San Diego H. L. Foster Construction $ 6,792.38 San Diego T. B. Penick & Sons $ 8,300.00 San Diego NDL Construction $ 8,977.00 La Habra Griffith Company $10,355.00 San Diego It was recommended that thc contract be awarded to the low bidder, G. Spikes blasonry & Cement and that the Council authorize expenditure of $7,145 from combined Accounts 630-6300-BG26 and 245-2450-BG6o Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: (next page) City Council Meeting -7- October 5, 1976 AYES: Councilmen Hobel, Hyde, Cox, Hamilton Noes: None Absent: Councilman Egdahl 15. RESOLUTION NO. 8353 - On May 25, 1976 three alternatives were pre- ACCEPTING BIDS )aND AWARDING sented at the City Council's request for CONTRACT FOR CHAIN LINK enclosing the existing pedestrian walkway FENCE COVERED WALKWAY - between Berland Way and David Drive in Hale- HALECREST DRIVE crest Estates. The Council approved Alternate "B" at an estimated cost of $14,000 for the installation of an eight foot chain link fence along the walkway with open framing across the top which, if necessary, could be enclosed at a later date with chain link fabric. A contract was advertised for a basic bid for the fence with an optional item included in the bid proposal for adding the chain link fabric cover. On September 23, 1976 two bids were received as follows: Basic Optional Bid Item Total Alco Fence Company $12,650 $2,250 $14,900 National City Atlas Fence Company $17,601 $2,947 $20,548 San Diego It was recommended that the contract be awarded to Alco Fence Company, the low bidder, and since the low bid for the fence and fabric cover is $14,900 - $900 above that which Council originally approved - it was also recommended that the chain link fabric cover be installed with this contract. Resolution offered Offered by Councilman Hobel, with recommenda- tion of staff accepted, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton Noes: None Absent: Councilman Egdahl 16. RESOLUTION - APPROVING AGREEmeNT BETWEEN THE CITY OF CHUI~ VISTA AND SEDWAY/COOKE FOR PLANNING SERVICES IN THE RICE CANYON AREA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Motion to continue It was moved by Councilman Hobel, seconded by Councilman Cox and unanimously carried by those present that Item 16 be held over for a full Council as appropriation of funds requires a 4/5's vote. City Council Meeting -8- October 5, 1976 17o RESOLUTION NO. 8354 - The City Council had approved an agreement RESCINDING RESOLUTION NOS. (Resolution 8294) and an amendment to the 8306 AND 8294 AND APPROVING agreement (Resolution 8306) to provide bus AN AGREEMENT BETWEEN THE services in the County area, beginning COUNTY OF SAN DIEGO AND THE September 12, 1976. These agreements were CITY OF CHULA VISTA FOR forwarded to the County for action by the PUBLIC TRANSPORTATION Board of Supervisors; however, the County SERVICES - 1976-77 staff has now prepared a more detailed agree- ment. The revisions that have been incor- porated in this contract are administrative in nature and do not affect scheduling, fares or transit system operations° On September 28, 1976 the County Board of Supervisors approved the agreement and City Council approval is recommended. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton Noes: None Absent: Councilman Egdahl 18. RESOLUTION NO. 8355 - The City and the State entered into a master APPROVING SUPPLEMENTAL agreement on June 1, 1976 for the FAU System AGREEMENT NO. 1 TO EXISTING Program. That agreement set forth conditions LOCAL AGENCY-STATE AGREEMENT for FAU improvements, right of way, fiscal NO. 7 COVERING FAU PROJECTS, provisions, miscellaneous provisions and AND AUTHORIZING THE ~YOR TO maintenance. EXECUTE SAID AGREEMENT Supplement No. 1 to that agreement sets forth the funding and minor conditions for the con- struction of FAU signal projects with the City. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, ttamilton Noes: None Absent: Councilman Egdahl 19. RESOLUTION - AUTHORIZING PURCHASE OF CITY ATTORNEY'S VEHICLE AND APPROPRIATION OF FUNDS Motion to continue It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried by those present that this item be held over for a full Council as it requires a 4/S's vote. 20. RESOLUTION NO. 8356 - Bids were received on September 8, 1976 for ACCEPTING BID AND AWARDING the purchase of two traffic signal controllers. CONTRACT FOR TWO TRAFFIC Proposal forms were mailed to two vendors, SIGNAL CONTROLLERS LFE/Traffic Control Division and Econolite. LFE/Traffic Control Division submitted a bid of $9,081 each. Econolite did not respond. It is recommended that the bid be accepted and contract awarded to LFE/Traffic Control Division in amount of $19,2S1.72, including sales tax. City Council Meeting -9- October 5, 1976 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton Noes: None Absent: Councilman Egdahl SECOND READING OF ORDINANCE 21. ORDINANCE NO. 1708 - The applicant has requested annexation to APPROVING TNE ANNEXATION the City for 2.5 acres for the purpose of TO THE CITY OF CERTAIN obtaining comprehensive city services to UNINHABITED TERRITORY support South Bay Villas Unit 2, a proposed KNOWN AND DESIGNATED AS nine unit single family development located SHATTUCK EAST "J" STREET ½ mile east of Freeway 1-80S at the terminus ANNEXATION - SECOND READING of East "J" Street. LAFCO approved the an- AND ADOPTION nexation on September 13, 1976 subject to the following condition: The detachment from the San Diego County Flood Control District shall not be effective until annexation to the City is completed. The Ordinance was placed on first reading on September 28, 1976. Ordinance placed on It was moved by Councilman Ityde that this second reading and ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Namilton, Hobel Noes: None Absent: Councilman Egdahl REPORT OF CITY MANAGER 22. REPORT ON AIR CONDITIONING City Manager Cole submitted a written report THE RENOVATED POST OFFICE to the Council in which he concluded that it AND LIBRARY COMPLEX would be cost effective for the City to in- stall the air conditioning at the time of the renovation. He recommended that staff pursue a grant for the installation of a solar energy system from the Energy Research and Develop- ment Administration. Motion to install It was moved by Councilman Cox, and seconded air conditioning by Councilman Hobel that the air conditioning be installed and the staff recon~nendation be accepted. Substitute motion It was moved by Councilman Hyde, seconded to continue by Councilman Hobel and unanimously carried by those present that this item be continued for one week until Councilman Egdahl has returned and his views noted. City Council Meeting -10- October 5, 1976 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 23. REPORT ON LOCAL PUBLIC WORKS At the September 1S, 1976 meeting, the reno- CAPITAL DEVELOPMENT AND IN- vation of the Park Way Gymnasium/Swinuning VESTMENT PROGRAM APPLICATION Pool Complex in Memorial Park was included FOR RENOVATION OF MEMORIAL in a written report listing nine projects PARK FACILITIES for possible funding under the 1976 Local Public Works Employment Act. Director of Parks and Recreation reported that applica- tions for Council approval and submission will be finalized on or before October 20, 1976; however, one of the stipulations of these grants is that, if approved by the Economic Development Administration, projects must be under construction within 90 days of the approval date. These deadlines necessitate the immediate beginning of the working drawings in order to accomplish these goals. It was recommended that a contract be approved with Mr. Victor Wulff, Architect, for the preparation of preliminary plans for the renovation of the Park Way Community Recreation Complex and that necessary funds be appropriated not to exceed $15,700 to execute the contract. Motion to accept report It was moved by Councilman Cox, seconded by Councilman Hyde and unanimously carried by those present to accept the report and direct staff to bring back a proper reso- lution. REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS 24. REQUEST TO CONTACT VARIOUS The Human Relations Commission recommended that ORGANIZATIONS CONCERNING a letter be sent to various organizations "CUSTOMIZED CARS" BEING concerning the possibility of including an INCLUDED IN ANNUAL PARADES event in their annual parades for showing and judging customized cars, van and trucks, in- cluding "Iow riders." The purpose of the display is to promote individual initiative and foster public understanding of the talents and skills of young people in the community. Motion to approve request It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried by those present that the request be approved. 25. RECOMMENDATION REGARDING THE The Human Relations Coramission recommended ESTABLISHMENT OF AN "AD HOC that the Council appoint an Ad Hoc Committee COMMITTEE ON HUMAN CARE on Human Care Services to work with staff in SERVICES" developing a Social Element to the Chula Vista General Plan. Motion to refer to staff It was moved by Councilman Hyde and seconded by Councilman Cox that this matter be referred to staff for recommendation and comment. Maggie Helton Ms. Helton discussed the recommendation stating 162 Mankato Street that a policy for approaching decisions is Chula Vista important and by using a committee of this nature, duplication can be avoided in services and programs. City Council Meeting -11- October S, 1976 Edward Kostelnik Councilman Hyde directed questions to Mr. 290 "K" Street Edward Kostelnik, Chairman of the Human Chula Vista Relations Committee, asking if consideration was given by the Commission to undertaking this task themselves through a subcommittee, and whether the committee would include a member from the Commission if an ad hoc committee were approved. Mr. Kostelnik stated that Councilman Hyde's suggestions would be considered at the next meeting of the Commission. Motion carried The motion to refer this matter to staff carried unanimously by those present. MAYOR'S REPORTS Appointments to Mayor Hamilton announced the following Housing Element Committee appointments to the Housing Element Committee and asked for Council ratification: Richard Zogob (Developer) Pat Mutchins (Balboa Bank) Martha Vickers (Member at large) Motion to ratify It was moved by Councilman Hyde, seconded appointments by Councilman Cox and unanimously carried by those present that the appointments be approved. Courtesy room for Council Mayor Hamilton has asked that the Council attending conference secretary reserve a hotel room in San Diego for the convenience of those Chula Vista members attending the League of California Cities Conference. Fiesta de la Luna parade The Mayor announced that the Council has been invited to participate in the Fiesta de la Luna parade on Saturday, October 9, starting at 12:00 noon. Public Works Capital Mayor Hamilton noted a reply he had received Development and Investment from Congressman Van Deerlin regarding the Act Local Public Works Capital Development and Investment Act of 1976, which indicated that smaller cities will not lose out in awards. Meeting with Governor Brown A letter has been received by Mayor Hamilton regarding I-5 and State 54 from Senator Mills regarding coordination of plans for a meeting with Governor Brown, Assemblyman Deddeh, Senator Mills, Mayor Morgan (of National City) and Mayor Hamilton concerning I-5 and State Route 54 interchange flood control project. The Council concurred that the Mayor attend this meeting. Request for joint meeting by A letter has been received from the Montgomery Montgomery Municipal Advisory Municipal Advisory Council asking for a response Council regarding annexation to questions they have concerning annexation to the City of Chula Vista which they need for a report due November 1, and requesting a joint conference with the City Council prior to that date. City Council Meeting -12- October 5, 1976 Motion for Council Conference It was moved by Mayor Hamilton and seconded by Councilman Cox that staff prepare answers to the questions regarding annexation and that a Council Conference be held on October 28 so that a reply can be forwarded to the Montgomery Municipal Advisory Council as soon as possible. Clarification of motion Mayor Hamilton clarified that the motion was to direct staff to prepare answers to the questions and provide them to the Council. If the Council members agree or disagree or have additional comments, that they will be made individually and if there is any conflict, then the staff is to request a workshop ses- sion to work out the problems and refine the packet for the joint (evening) meeting with MAC on October 28. Motion carried Councilman Cox agreed as the second and the motion carried unanimously by those present. Regular meeting of October Mayor Hamilton announced that the Council 19 will not be held - meeting of October 13, 1976 will be adjourned adjourned meeting scheduled to the meeting of October 20, 1976. (There for October 20 will be no meeting on October 19, due to the Council's attendance at the League of Calif- REQUESTS & STATEMENTS OF COUNCIL ornia Cities Conference). Motion for executive It was moved by Councilman Hyde, seconded session by Councilman Hobel and unanimously carried by those present that an Executive Session be held immediately following the normal agenda of tonight's meeting for personnel and pending litigation matters~ and that the City Attorney and City Manager be present. Noise problem with carnival Councilman Hyde asked if the noise problem at new court complex created by the generator associated with the carnival on the new court complex prop- erty (Third and "H") had been resolved. Staff responded that several measures had been taken to minimize the noise and the complainant was satisfied. Motion for status report It was moved by Councilman Hyde, seconded regarding sphere of in- by Mayor Hamilton and unanimously carried fluence and Orange Avenue by those present that as a follow-up on the meeting with the County Board of Supervisors concerning the sphere of influence and Orange Avenue extension, that the City Manager be asked to give a status report on these pro- jects monthly until the matters are resolved, with the first report to be made November 2. Possible lawsuit over Councilman Hyde stated he had attended a drainage problem - Rancho meeting of citizens in the Rancho Robinhood Robinhood Unit No. 1 Unit No. 1 area and concerns were expressed over problems in that area with the proposed new development of Rancho Robinhoed Unit No. 3. Comments were made regarding a lawsuit being filed against the City and the develop- over a drainage problem allegedly created by Rancho Robinhood Unit No. 1. Staff responded that to their knowledge there is no pending lawsuit in this regard. City Council Meeting -13- October 5, 1976 Traffic obstruction - A second concern of the citizens in this Surrey Road and Allen area was referred to by Councilman Hyde School Lane concerning a visual obstruction to vehicular traffic at the entrance into Robinhood Unit No. 1 Subdivision at Surrey Drive and Allen School Lane. Motion for staff to It was moved by Councilman Hyde, seconded investigate traffic by Councilman Cox and unanimously carried obstruction by those present that the staff investigate the situation and determine whether or not action should be taken. Alternate member to Councilman Hobel commented that he is the Regional Criminal prime member on the San Diego Regional Justice Planning Board Criminal Justice Planning Board and this requires that he have an alternate. Councilman Cox It was moved by Councilman Hobel and seconded designated as by Councilman Hyde that Councilman Cox be alternate designated as the alternate. The motion carried with Councilman Cox abstaining. 26. WRITTEN COMMUNICATIONS a. Resignation from Youth Ms. Christina M. Jamindang submitted her Commission resignation from the Youth Commission. It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried by those present that the resignation of Christina M. Jamindang from the Youth Commission be accepted and a proper letter of thanks sent to her for her services on the Commission. b. Resignations from ACCORD A written resignation from ACCORD was received from Eugene V. Coleman and Peter J. Watry, Jr. Mayor Hamilton commented that he is not pre- pared to accept these resignations based on the information in the letter. Resignations not accepted - It was moved by Mayor Hamilton, seconded by members to be encouraged to Councilman Hobel and unanimously carried by remain those present that these resignations not be accepted and that the two members of ACCORD be asked to reconsider. Councilman Hobel asked that the Councilmen (Mr. Egdahl and Mr. Hyde) who appointed these gentlemen talk to them individually and encourage them to remain on the Committee. RECESS TO EXECUTIVE SESSION The Council recessed to Executive Session at 10:12 p.m. ADJOURNMENT The meeting reconvened at 11:00 p.m. and the Mayor adjourned the meeting at that time to the meeting of October 12, 1976 at 7:00 p.m. JENNIE M. FULASZ, CMC City Clerk