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HomeMy WebLinkAboutcc min 1976/03/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday March 9, 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 Chamber, City Hall, 276 Fourth Avenue, Chula Vista, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hobel, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Director of Parks and Rec- reation Hall, Citizens Assistance Officer Smith, Assistant to the City Manager Wittenberg In the absence of Mayor Hamilton, Mayor Pro Tempore Scott led the pledge of allegiance to the Flag followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of February 25 and March 2, 1976, be approved, copies having been sent to each Councilman. 2. ALL STATES PROGRAM Mayor Pro Tempore Scott read a Proclamation saluting the State of Idaho in this Bicentennial Year. A short history of the State was read and the people in the audience from Idaho were asked to stand and introduce themselves. (Mayor Hamilton arrived at this time) ORAL COMMUNICATIONS Jat Deiranieh Hr. Deiranieh asked for six to eight reserve 223 Third Avenue parking spaces in front of his business at 223 Third Avenue for a grand opening sale on April 2 and 3, 1976. Approval granted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that approval be granted with any problems to be worked out by staff. James Matherly Mr. Matherly declared (1) the Starlight Center 402 Oaklawn Avenue loan should be paid (by Starlight); (2) there should be no public prayer at Council meetings; (3) Civic Center signs should read "Chula Vista City Hall" - "Chula Vista Police Department" - "Chula Vista Fire Station No. 1"; (4) there should be no "lemon-colored" fire engine - they should all be red; (5) police cars should be black and white; (6) the Council agenda should indicate how much money is involved in a program, what purpose it serves, and who is going to pay for it, and why it should be paid - Mr. Matherly made reference to "Our House" grant. Herb Lathan Mr. Lathan invited the Council and the public to 631 Carla Avenue a ribbon-cutting ceremony tomorrow morning, Chula Vista March lO, at 8:00 a.m. in front of City Hall at which time there will be an "unveiling" of a bicentennial-painted disposal vehicle. City Council Meeting -2- March 9, 1976 Doris Cox Mrs. Cox, representing the American Field Service International Friendship also, explained that six students will be sent to Commission Irapuato, Mexico, (Chula Vista's Sister City) the 28th of this month. She asked for Council approval. No City funds are involved - the students are paying their own way. Approval granted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that approval be granted. 3. PUBLIC HEARING - In a written report to the Council, Director of VACATING PORTIONS OF Public Works Robens explained that the right-of- TOYON LANE EAST OF way of Toyon Lane was originally dedicated as "E" CORTE MARIA AVENUE Street. When "E" Street was reconstructed at its present location, Toyon Lane became a cul-de- sac street serving residential lots. Mr. Joseph Bush requested vacation of the northerly portion of Toyon Lane and submitted a tentative parcel map. A condition of approval is for the sub- divider to construct the public improvements within the frontage of the parcel map; this consists of a minimum twenty six and one half feet of pavement, curb, gutter and sidewalk which will provide two travel lanes and parking lane. In investigating this request, the Engineering Department has added three other parcels which they believe will be the best location and best alignment for the ultimate TOYon Lane w~n con- structed. The Planning Commission recommended that portions of Toyon Lane be vacated and the Engineering staff concurs. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. Vacation approved It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that a resolution be brought back at the next meeting approving the vacation of portions of Toyon Lane. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. 4. RESOLUTION NO. 8077 - The resolution is an official documentation of NAMING AND DESIGNATING Council's action taken on March 2, 1976, naming CERTAIN CITY PROPERTY AS the park site at 1248 Calle Santiago Street as INDEPENDENCE PARK "Independence Park." 5. RESOLUTION NO. 8078 - The City Clerk submitted the list of 308 election APPROVING LIST OF VOTING officers for the April 13 General Municipal PRECINCTS (CONSISTING OF Election and listed the compensation for each CONSOLIDATIONS) AND OFFICERS poll worker. OF ELECTION FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 13, 1976 City Council Meeting -3- March 9, 1976 6. RESOLUTION NO. 8079 - This resolution was prepared asking the County REQUESTING CONSOLIDATION Board of Supervisors to permit the Registrar of OF THE CHULA VISTA SPECIAL Voters to include the City's runoff election on RUNOFF ELECTION WITH the June primary ballot. This is in the event STATEWIDE PRIMARY ELECTION there is a runoff election for Seat Number 2 - Councilman. 7. RESOLUTION NO. 8080 - RETC has recently approved a policy requiring REQUESTING SUPPORT OF THE that only "economically disadvantaged" persons be CITIES IN THE COUNTY OF SAN hired under this program. The resolution requests DIEGO URGING RETC TO CHANGE that the policy be rescinded in order to allow ITS POLICY REGARDING THE cities to promote full employment within the CETA HIRING OF ONLY DISADVANTAGED Program and to continue the Affirmative Action GROUPS UNDER THIS PROGRAM efforts being realized by the achievement of CETA goals and objectives. Resolution amended Councilman Scott asked that the phrase "in the absence of legal opinion from the RETC attorneys" be deleted from the seventh paragraph of the resolution inasmuch as RETC did obtain a legal opinion. 8. RESOLUTION NO. 8081 - At the last meeting, the City Council directed SUPPORTING COMPREHENSIVE that the City Attorney prepare this resolution PLANNING ORGANIZATION'S supporting CPO position in its role as regional POSITION IN REGARD TO transportation planning agency. MEMORANDA OF UNDERSTANDING FROM CPO AND METROPOLITAN TRANSIT DEVELOPMENT BOARD 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, Hamilton, Hyde Noes: Councilman Scott Absent: None On December 9, 1975, the Council directed that the 9. RESOLUTION NO. 8082 - lien held by Mr. and Mrs. Theodore Melton for in- ACCEPTING, DEDICATING AND stallation of public improvements in front of their NAMING CERTAIN REAL PROPERTY property &t the westerly end of the cul-de-sac IN THE CITY FOR STREET AND in James Court be foreclosed. The owners of the HIGHWAY PURPOSES LOCATED AT property west of the Meltons requested that a THE WESTERLY END OF THE CUL- driveway approach be installed along their 27.49 DE-SAC IN JAMES COURT feet of frontage and deposited the amount of $280 and have executed an easement for street purposes. City forces have installed and com- pleted the improvements. 10. RESOLUTION NO. 8083 - The City Council, by Resolution 8067, authorized ACCEPTING GRANT DEED TO commencement of condemnation proceedings to CERTAIN REAL PROPERTY FROM acquire offsite drainage easements for drainage ELMER AND MINNIE MEYER facilities to be constructed with the development of Hilltop Vista Subdivision. On March 1, 1976, Elmer and Minnie Meyer executed a grant deed granting to the City fee ownership of that por- tion of their property underlying the required drainage easement. ll. RESOLUTION NO. 8084 - At the meeting of February 10, 1976, the City URGING THAT THE GOVERNOR NOT Council directed that this resolution be pre- PLACE THE SOUTNERN SIX DISTRICTS pared. UNDER THE JURISDICTION OF THE COLORADO RIVER WATER BOARD UNDER THE DEPARTMENT OF WATER R~SOURCES AND THAT THE COLORADO RIVER BOARD BE RETAINED IN ITS PLACE (End of Consent Calendar) City Council Meeting -4- March 9, 1976 12. RESOLUTION NO. 8085 - The following bids were received on February 26, ACCEPTING BIDS AND AWARDING 1976: CONTRACT FOR "STREET OVERLAY PROGRAM 1975-1976" V.R. Dennis, San Diego $86,067.00 Griffith Company, San Diego 86,526.90 R.E. Hazard, San Diego 88,366.50 Daley Corporation, San Diego 89,023.50 Sim J. Harris, San Diego 89,614.80 It was recommended that the bids be accepted and the contract awarded to V.R. Dennis Construction Company which provides for the overlay of Ota¥ Lakes Road from East "H" Street to Gotham Street, "L" Street from Nacion to Monserate Avenue, "L" Street from Second Avenue to Broadway and Third Avenue from "C" to "D" Streets. 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, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None 13. RESOLUTION NO. 8086 - A requirement for the conditional use permit APPROVING AGREEMENT BETWEEN granted to Grace Baptist Temple for the construction THE CITY OF CHULA VISTA AND of a nursery school and foyer to the chapel was for GRACE BAPTIST TEMPLE FOR PAR- additional parking spaces to accommodate the TICIPATION IN STORM DRAIN additional facilities. Grace Baptist Temple has SYSTEM INSTALLATION AT 345 executed an agreement with the City for joint FIFTH AVENUE participation in the construction of the storm drain within the church property and the right- of-way of Fifth Avenue. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None 14. ORDINANCE NO. 1671 - The ordinance expands the scope of responsibilities AMENDING SECTION 2.16.030 of the Director of Parks and Recreation to assist SUBSECTIONS K AND L AND in the enforcement of prohibitions against ADDING A NEW SUBSECTION M illegally placed signs in the public right-of-way. AND REPEALING SECTION 2.16.060 OF CHAPTER 2 OF THE MUNICIPAL CODE ALL RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF PARKS AND RECREATION - FIRST READING Ordinance placed on first It was moved by Councilman Hobel that this or- reading dinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None City Council Meeting -5- March 9, 1976 Ordinances questioned Councilman Egdahl asked the reasonings for the ordinances on the agenda. City Attorney's comment6 City Attorney Lindberg explained that the ordinances (14 through 19) are "housekeeping ordinances" which were prepared in response to Council's questions r~ised over the past several months and years. 15. ORDINANCE The amendment to the Code provides for the col- AMENDING SECTIONS OF THE lection of any unpaid costs for the removal of MUNICIPAL CODE RELATING TO abandoned vehicles from private p~operty, to be THE PROCEDURES FOR COLLECTING collected as a part of the tax levy against the COSTS OF REMOVING ABANDONED property. VEHICLES - FIRST READING Motion to delete items in It was moved by Councilman Hyde and seconded by Ordinance Mayor Hamilton that in Section 10.84.010, the words "side yard" be c~mitted from the fifth line: "...removal of vehicles from private property in the front yard, and parkway setback areas..."; and in Section 10.84.020, the last sentence be deleted which reads: "Further, no vehicle may be parked in any side yard setback area unless screened with a solid fence and gate not less than six feet (6') in height." Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Hamilton, Scott, Hobel Noes: Councilman Egdahl Absent: None Ordinance placed on It was moved by Councilman Hyde that this ordinance first reading be placed on its first reading and that the reading of the text be waived by unanimous consent. Discussion of motion Councilman Scott felt there was no justification in placing the ordinances (14 through 19) on the agenda - the staff has presented no case as far as backup material. He would like to know: why the regulation - what problems is the City having - what brought it about. Councilman Scott indicated that the ordinances should be brought back at a later date with more information on each. Motion failed The motion to place the ordinance on first reading failed by the following vote, to-wit: Ayes: Councilmen Hyde, Hamilton NOES: Councilmen Scott, Hobel, Egdahl Absent: None Ordinances to be brought back It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that Ordinance Numbers 15, 16, 17, 18, and 19 be brought back at the next Council meeting with some back up material. (?o be placed on March 23, 1976 agenda) 16. ORDINANCE Material~ stored in the public right-of-way may AMENDING SECTIONS OF THE MUNiCiPAL now be removed only upon the provision of a two- CODE RELATING TO THE STORAGE OF week notice by the Director of Public Works. The MATERIALS AND REMOVAL OF OBSTRUC- ordinance amendment eliminates this provision and TIONS IN THE PUBLIC RIGHT-OF-WAY gives the Director of Public Works the discretion - FIRST READING of setting a reasonable period of time depending upon the nature of the materials and the obstruc- tion which they constitute. (To be placed on March 23, 1976 agenda) City Council Meeting -6- March 9, 1976 17. ORDINANCE The ordinance adds a specific classification to AMENDING SECTIONS OF THE the noise ordinance of the mechanical pumping MUNICIPAL CODE ALL RELATING equipment of swimming pools. TO MECHANICAL PUMPING EQUIPMENT OF SWIMMING POOLS (To be placed on March 23, 1976 agenda) AS LOUD, UNNECESSARY NOISE - FIRST READING 18. ORDINANCE The ordinance specifically regulates the use of AMENDING TITLE 2 OF THE library materials and provides that failure to CHULA VISTA MUNICIPAL return materials shall be an infraction, punishable CODE BY ADDING THERETO A by a fine not to exceed $250, and destruction of NEW CHAPTER 2.70 RELATING any materials would constitute a misdemeanor TO THE REGULATION OF THE punishable by a fine of $500 and/or six months USE OF PROPERTY OF THE in jail. CHULA VISTA PUBLIC LIBRARY - FIRST READING (To be placed on March 23, 1976 agenda) 19. ORDINANCE At present, any alteration or addition to a AMENDING SECTION 15.32.050, building which has a permit value of $5,000 or SUBSECTION B, OF THE CHULA more, requires the undergrounding of utilities. VISTA MUNICIPAL CODE RELATING The ordinance, amendment raises the amount to TO RESPONSIBILITY OF OWNERS $10,000 and exempts single family dwelling units. FOR THE UNDERGROUNDING OF UTILITIES - FIRST READING (To be placed on March 23, 1976 agenda) 20. ORDINANCE The amendment establishes a fee of $20.00 to AMENDING SECTIONS 5.20.070 cover administrative costs for the issuance of SUBSECTION B, AND 5.38.120 work permits to employees in cardrooms and pawn- OF THE CHULA VISTA MUNICIPAL shops. CODE RELATING TO tEES FOR CARDROOM EMPLOYEE WORK PER- MITS AND PAWNSHOP EMPLOYEE IDENTIFICATION CARDS - FIRST READING Fee questioned City Manager Cole explained that the $20.00 fee was a recommendation of the police department - it covers the fingerprinting operation and administrative costs. Councilman Hobel questioned the $5.00 annual renewal charge. City Manager Cole commented that he did not have the details to back this up and would have to come back to Council with more information. Motion to be brought It was moved by Councilman Scott, seconded by back to next meeting CoUncilman Hobel and unanimously carried that this ordinance be brought back next meeting with more backup material. 21. ORDINANCE NO. 1672 - The Youth Commission has worked for some months REPEALING SECTIONS 5.26.240 on an ordinance regulating the conduct of youth THROUGH 5.26.440 OF THE CHULA dances. This new ordinance, while retaining VISTA MUNICIPAL CODE AND strict regulation of such dances, does relax ADDING NEW SECTIONS 5.26.240 the requirements for having a police officer THROUGH 5.26.430 RELATING TO present at all such affairs and allows a greater THE REGULATION AND CONDUCT degree of discretion to be exercised by the Chief OF YOUTH DANCES - FIRST READING of Police in regulating such dances. City Council Meeting -7- March 9, 1976 Ordinance placed on first reading It was moved by Councilman Scott that this ordinance be placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Egdahl Noes: None Absent: None Discussion of ordinance Councilman Hyde questioned the references - particularly Section 5.26.410 - whereby the financial report must be sent to the Chief of Police instead of the Parks & Recreation Depart- ment. Director of Parks and Recreation Hall explained that the financial reports of all non-profit organizations must go to the Police showing that the money did go to charity and not the people putting on the dance. City Attorney Lindberg stated that the Police Department has the prime responsibility for the youth dances - they have this responsibility for all charitable solicitations and examination of reporting of religious and charitable groups. 22. REPORTS OF THE CITY MANAGER a. REPORT ON NEW EMPLOYER- City Manager Cole submitted the new Employer- EMPLOYEE RELATIONS POLICY Employee Relations Policy explaining that it is a revision of the old policy adopted by the Council on December 21, 1971 (Resolution 6926). Because of the new changes in the labor relations environment, new laws and new bills that have been introduced, staff conducted extensive research into current trends in public sector employer-employee relations and has revised the Policy Manual. Letter from Police A letter from the Police Officers Association Officers Association was presented to the Council in which they reviewed their opinion of the policy. Motion for five-minute It was moved by Councilman Hobel that a five recess minute recess be called so that Council could review this material. City Manager Cole recommended that the matter be set for public hearing. Motion withdrawn The motion for a five-minute recess was with- drawn by Councilman Hobel. Matter set for public hearing It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a resolution be brought back adopting the policy and that it be scheduled for a public hearing on April 6, 1976. Donald Byrum Mr. Byrum agreed to the public hearing; however, Firefighters Association he asked that some type of arbitration be in- c}uded in the policy. Right now, the last word is with the City Council. The Firefighters sub- mitted a "last best offer" type of thing and would like to have the Council look this over. City Counci Meeting -8- March 9, 1976 Mr. Byrum asked that all of the Firefighter material be given to the Council prior to the public hearing. Councilman Scott said this was the intent of his motion: all backup material is to be submitted to the Council prior to the hearing - material from the Police Officers Association, the Fire- fighters, and any and all other associations. b. SUBMISSION OF CITY City Manager Cole submitted the study conducted INCLUSION STUDY PREPARED by the firm of Andersen, Heiss and Hughes as FOR SAN DIEGO COUNTY directed by the San Diego County Board of Super- FLOOD CONTROL DISTRICT visors, of the feasibility of including cities in the San Diego County Flood Control District. In a written report to the Council, the City Manager detailed the alternative approaches for organizing and financing the District. He in- dicated that financial flexibility may be the common area of interest upon which to base a new concept of cooperation in the field of flood control. Mr. Cole further indicated that the study divulged that there was little interest in joining the District by the various cities in the County due to (1) concern over loss of local control; (2) general public apathy concerning flood control matters. It was his recommendation that the report be filed. Report filed It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be filed. c. REPORT ON REQUEST OF City Manager Cole responded to the request from FUNDING OF SWEETWATER the Sweetwater Union High School District for UNION HIGH SCHOOL DISTRICT $3,000 to supplement the restaurant training RESTAURANT TRAINING PROGRAM program regarding the nutritional program currently being conducted for senior citizens at the Del Rey High School. The cost of the meals provided to the senior citizen is 25~ from the school district and 75¢ from the senior citizen, The subsidy would take the program through July 1 at which time the District would apply for Title VII funds. Mr. Cole recommended that the City not fund the program since the funding is already available through July 1 and any subsidy the City might offer would not reduce the cost of the meals to the senior citizens. Mr. Cole fe~t it would be more appropriate for the City to await the study presently underway on human care services before action is taken by Council. Letter from Joseph Rindone, Jr. Councilman Hyde referred to the letter from Joseph Rindone, Jr., District Superintendent, Sweetwater Union High School District, stating that the letter was a report of the program and no request for money was made. Richard Alvord Mr. Alvord explained the program statinQ that Principal, Del Rey the cost of preparin~ the meal is $1.00 - 75¢ High School is bein~ paid by the senior citizen and the is presently being paid by the School District City Council Meeting -9- March 9, 1976 which they feel they should not be doing as they are also furnishing the facility, clean-up, supplies and equipment. There is presently enough money to carry them through to June 30 at which time they will apply for Title VII funds. Presently they are serving up to 150 people, and can serve up to 175 or 180. Mr. Alvord added that if the City would assist in the funding of the program, the County office (Regional Occupation) will pick up the biggest tag - the salary; the school district will pick up the facility, equipment, supplies; the City could step in and assist in the budgeting of the food. People entitled to meal Councilman Scott asked who was entitled to this free meal. Mr. Alvord said it was for anyone who comes up and says, "I'm a senior citizen." Councilman Scott questioned the logic of having the City pay for a "cut-rate" meal for anyone who wanted a meal - whether they can or cannot afford it. He cautioned having the City pay for a subsidy program when the people do not need the subsidy - what is the criteria to make sure that the people receiving the meals are those who really deserve it. Margaret J. Helton Mrs. Helton declared that under Federal guide- 162 Mankato Street lines, you cannot ask people what their income Chula Vista is - no financial guidelines are set in any of these programs. Mrs. Helton discussed the program and asked for Council's approval of $3,000 - this request for money came from the senior citizens. John W. Fabrick Mr. Fabrick said he checked at the door last 432 Arizona Street week and out of 161 people who ate at the school, Chula Vista 55 were from the fringes of Chula Vista, and 106 were from Chula Vista. Cost of the program Mr. Alvord explained that the money requested (and he figures it would be $3,677.50 to serve 175 people throuah June 30), is to pick up the tab that the school district has already stated it will subsidize. Motion for staff direction It was moved by Councilman Hyde and seconded by Councilman Hobel that the Council indicates an interest in this program and the City Manager be directed to work with the school district representative to come up with more specific details that would indicate the degree of support that would be sought from the City Council of Chula Vista. This is to be brought back to the Council for consideration. Clarification of motion Councilman Hobel indicated this motion concerns the time from now through June 30 after which the Council will watch the Title Vii request. Councilman Egdahl noted the various options that the ~taff is'directed to report on (1) reimburs- ing the Sweetwater Union Hiah School District for 256 per person up to 150 persons which amounts to $3,000.00, or (2) fundin~ the whole thino City Council Meeting -10- March 9, 1976 up to one hundred ~eventy five persons and the City would pay $3,600+; or (3) paying 2~ Der person for the ~5 people above the 1~0; or (4) do nothina at all; or (5) sharing the cost. Ed Bantle Mr. Bantle said he eats there and pays the $1.00 - Rose Arbor Trailer Park the meal is worth it. He feels all of the senior citizens should pay the $1.00. Motion carried The motion for the staff report carried unanimously. 23. REPORT ON DATE FOR COUNCIL In a written report to Council, Director of CONFERENCE TO CONSIDER HILLSIDE Planning Peterson explained that the Council had MODIFYING DISTRICT previously set the date of March 24 for a Conference for a staff briefing on the status of the General Development Plan for the E1 Rancho del Rey P-C zone. Inasmuch as the two matters (Hillside and the P-C zone) are somewhat related, Mr. Peterson recommended that both items be scheduled for a Council Conference on April 7 at 4:00 p.m. Motion to bring the matter It was moved by Councilman Hyde and seconded by back at next meeting Councilman Scott that the matter which was delayed last week (Review and Amendments to the Hillside Modifying District and Hillside Dev- elopment Policy) be brought back at the next Council meeting (March 23). Council discussion Councilman Egdahl noted the "conflict" referred to by the Director of Planning in scheduling this item for a March 24 Conference. Substitute motion It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that a Council Conference be scheduled for March 24, 1976 at 4:00 p.m. to consider the Hillside Modifying District application. Mayor Hamilton commented that if the Director of Planning has any conflict and cannot make the presentation on March 24, he can notify the Council at tomorrow's adjourned meeting. Recess A recess was called at 8:42 p.m. and the meeting reconvened at 8:50 p.m. 24. REPORT ON CHULA VISTA Director of Public Works Robens requested a TRANSIT DEVELOPMENT STUDY Council Conference for March 24, 1976 at 4:00 p.m. to hear a presentation by Barton-Aschman Associates of the Chula Vista Transit Development Study. Conference scheduled It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the Conference be scheduled for March 24 at 4:00 p.m. to hear the report by the consultants on the Chula Vista Transit Development Study. This will be a second item on the agenda. MAYOR'S REPORT Student Voter Registration It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the City Clerk be directed to contact either Mr. Rindone or the School Board of the Sweetwater Union High School District and ask their per- City Council Meeting -ll- March 9, 1976 mission to allow Deputy Registrars in the school to register the students who are 18 and over. Political Activity -- City Attorney Lindberg commented that the Boy Employees Scouts, in order to obtain their Heritage Patch for the Bicentennial year have one element in their program which is a "get out to vote" pro- gram. The Director of Parks and Recreation is a Scout leader and he was concerned about violating either the State law or Charter in his efforts to have his Scouts distribute a fact sheet from the candidates. Mr. Lindberg stated that political activity on the part of City employees, as long as it is conducted in non-duty hours and without guise of City-auspices was perfectly proper and encouraged under the Charter amendment adopted in 1970. COUNCIL COMMENTS UTILITY TAX Councilman Scott discussed the utility tax which was instituted several years ago which, when first initiated, was anticipated to raise $300,000. Through the increase in utility rates, the City will be receiving over $900,000. He felt that there should be some ceiling on this tax so that it would not burden the taxpayer. Motion for report to set It was moved by Councilman Scott and seconded by limit on utility tax Councilman Hyde that the staff look into the possibility of putting a limit on the utility tax - using the sum of $1,000,000 as a guide. Discussion of motion Mayor Hamilton asked that the motion be amended to have the staff look into all aspects of the utility tax. Councilman Hobel felt the Council should look at it in the context of the whole budget and the context of the various proposals being made. Councilman Hyde agreed with the Mayor that all aspects of the tax should be looked into. He felt the staff should not have to consider the $1,000,000 ceiling, but be asked to examine the history of the utility tax and be prepared at budget time to make recommendations to the Council for appropriate adjustments taking into account the great inflation factor. Incorporated in motion Councilman Scott changed his motion to incorporate the remarks made by Councilman Hyde; Councilman Hyde agreed to the second and the motion carried unanimously. JOINT MEETING WITH Councilman Scott stated he will have difficulty COUNTY BOARD OF SUPERVISORS making the meeting on Thursday, March 11, with the Board of Supervisors and may be late. Councilman Hyde to chair meeting It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that Councilman Hyde be appointed to chair the meeting (prior to the time Councilman Scott arrives). PERMISSION FOR CITY It was moved by Councilman Hobel, seconded by CLERK TO ATTEND MEETINGS Councilman Hyde and unanimously carried that the City Clerk be given permission to attend the City Clerks Institute (April 27-30) and the International City Clerks Conference (May 23-26). City Council Meeting -12- March 9, 1976 LETTER FROM INDUSTRIAL AND Councilman Hobel made reference to the letter COMMERCIAL DEVELOPMENT COMMITTEE - received from this Committee in which they CHAMBER OF COMMERCE stated that business and industry accounts for two thirds of the total City budget. He asked the staff to check this as he doesn't believe it is accurate. SAN DIEGO COUNTY OPEN Councilman Hobel stated that this golf tournament will be held on Saturday, March 13 at the Chula Vista Municipal Golf Course and it would be appropriate for the Mayor to "knock the first ball off the tee" at the start of the tournament. Motion for invitation It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the organization extend the invitation to the Mayor. CONFERENCE FOR NEWLY- Mayor Hamilton announced that the California ELECTED OFFICIALS League of Cities will hold a conference at Hotel del Coronado ~m'April 21-23 for all new Mayors and Council Candidates. Motion to send runoff It was moved by Mayor Hamilton and seconded candidates to Conference by Councilman Hyde that in case of a run off, the City send both runoff candidates to this meeting and pay their registration fee. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hamilton, Councilmen Hyde, Egdahl, Hobel Noes: None Absent: None Abstain: Councilman Scott MOTION FOR OPPOSITION TO It was moved by Councilman Scott, seconded by ASSEMBLY BILL 3000 Mayor Hamilton and unanimously carried that a (Peace Officers) telegram be sent opposing the Bill, especially to Bill Craven and Wadie Deddeh, as recommended by the Legislative Committee. PARKS & RECREATION Councilman Hyde asked the City Clerk to make up COr~qISS~QN APPOINTMENTS an appointment schedule to interview the rest of the candidates who applied for the boards and commissions so that appointments can be made to the Parks & Recreation Commission. HIRING DISABLED PERSONS It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the staff be directed to look into the matter of adopting a City policy which would provide for the hiring of a certain percentage or number of disabled persons who are capable of handling jobs assigned by the City of Chula Vista, Councilman Egdahl said he was uncomfortable with the setting of percentage - it should, perhaps, be a goal but not a "fast and hard thing." Councilman Hyde declared he would go along with this. Councilman Scott remarked that there are goals under the CETA program for hiring the disadvantaged. City Council Meeting -13- March 9, 1976 LIBRARY SCHEDULE In answer to Councilman Egdahl's query, Director of Public Works Robens stated that the contractor will be clear of the library by April 1; the carpeting,' cabinet construction and delivery of furniture should be done by May 1, and the library staff will be in prior to the dedication ceremony. ADDITIONAL STAFFING OF City Manager Cole reported that three additional LIBRARY persons have been hired in starting to get the program moving to the larger library facility. The Library Department originally asked for 13 people and it has not been determined that there is a need for the entire 13 people. SCULPTURE COMMITTEE REPORT Councilman Egdahl commented that the Co~mittee is quite opposed to a water sculpture feature because they feel it brings on vandalism. How- ever, they are advertising for artists throughout the State of California and at the final stages, the committee will ask for a model from the finalists. The model should be selected sometime in July or August. REPORT ON CONSULTANTS FOR Councilman Hobel reported that the Committee has AREA EAST OF 1-805 narrowed down the applicants - from seventeen to four - and will meet on Friday (March 12) to narrow the list down to two or three after which interviews will be held. TRAFFIC SIGNAL AT QUINTARD Councilman Egdahl referred ~o a recent request AND SECOND AVENUE for a signal at Quintard and Second which was not granted because it did not have sufficient warrants. Some of the citizens in the area are now asking about the possibility of putting in a four-way stop at that intersection. Referred to staff and It was moved by Councilman Egdahl, seconded by Safety Commission Councilman Scott and unanimously carried that the staff report back on the advisability of putting in a four-way stop, and that this be referred to the Safety Commission. 25. WRITTEN COMMUNICATIONS a. Verified claim for damages - Ms. Doucette filed a claim in the amount of Georgette L. Doucette $20,000 stating that on December 8, 197§, she 263 "H" Street, Apt. 2 stepped in a hole in the sidewalk in front of Chula Vista 648 Third Avenue which caused her to fall and sustain injuries to her face and knee. Claim denied It was moved by Councilman Hyde, seconded by Councilman ~d~h~ and unanimously carried that the claim be denied and referred to the City's insurance carrier for investigation. b. Request of Chamber of The Chamber of Commerce requested that the Commerce to exempt in- Council eliminate the utility tax for commercial dustrial and commercial and industrial accounts and to either reduce accounts from utility city services by this amount or find a more tax equitable way to raise these funds. City.Council Meeting -14- March 9, 1976 Referred to staff It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that this request be referred to staff for recommen- dation during budget considerations. Councilman Scott stated this should be made a part of the previous motion made by Council (See page 11). ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:17 p.m. to the Council Conference scheduled for Wednesday, March 10, 1976 at 4:00 p.m. JMF:mf