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HomeMy WebLinkAboutcc min 1976/01/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTa, CALIFORNIA Held Tuesday January 6, 1976 A regular meeting of the City Council 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, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hobel, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Director of Public Works Robens, Director of Planning Peterson, Director of Parks and Rec- reation Hall, Community Development Director Desrochers, Assistant City Attorney Beam The pledge of allegiance to the Flag was led by Mayor Pro Tempore Scott 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 meetings of December 17 and 23, 1975 be approved, copies having been sent to each Councilman. SPECIAL ORDERS OF THE DAY 2a. Proclamation - Honoring the Mayor Pro Tempore Scott read the Proclamation State of Alabama saluting the State of Alabama in this Bicentennial Year. The Vice Chairman of the Bicentennial Program, Mr. Mike Bailey, accepted the Proclamation. The people in the audimnce from the State of Alabama rose and introduced themselves, after which they were invited to the Council Conference for refreshments. (Mayor Hamilton came in at this time.) 2b. Presentation of Special Mr. Michael Ruiz of the American Automobile Citation - Casualty Association presented the City with a plaque on Record winning a Special Citation for Casualty Record among all cities with 50,000 to 100,000 pop- ulation reporting in the 1975 AAA Pedestrian Safety Inventory Program. Letter of thanks to be It was moved by Councilman Hyde, seconded by sent to school district Councilman Scott and unanimously carried that a letter be addressed to the Superintendent of the Elementary School District noting the fact that the City has received this award for pedestrian safety and thanking the school district for its contribution for this record as a result of their traffic safety patrol that they have to assist the City. City Council Meeting -2- January 6, 1976 2c. Oaths of Office - City Clerk Fulasz administered the Oath of Youth Commissioners Office to the following newly-appointed members of the Youth Commission: Victoria Q. Corona Karen Elaine Maruyama Maria A. Trejo Barbara Jill Gilmour Steven Brooke Grogh 3. ORAL COMMUNICATIONS Ruth Chapman Mrs. Chapman hopes the Council will continue 8 Sierra Way with pedestrian traffic safety especially at Chula Vista the "H" Street c~ossing. Mrs. Chapman thanked the Council for the fine calendars sent to everyone in the City. J. R. Shattuck Mr. Shattuck discussed the Council's action 6150 Mission Gorge Road regarding a moratorium on construction east of Suite 204 1-805 until such time as the extension of San Diego, CA 92120 east "H" Street is constructed to take care of traffic generated by the building. Mr. Shattuck stated he has received approval of a tentative map of South Bay Villas subdivision and has been working to bring the final map before the Council. He noted the problems en- countered with this subdivision and asked the Council if there was any likelihood that he would be denied the final map or building permits. Councilman Scott explained his motion for a staff study regarding a study for moratorium, adding that it is the Council's intent to solve a problem, not to create one and Mr. Shattuck will be given every consideration. Tom Showalter Mr. Showalter said his firm is in the process 2505 Congress of purchasing Southwestern College Estates, Pacific Scene, Inc. Units 8 and 9. They share the same concern as Mr. Shattuck and wanted the same assurance that these units will fall under the grandfather clause to grant building permits on these projects. Richard Kelton In answer to Mr. Kelton's query, Councilman Bollenbacher & Kelton Scott explained the need for the County's 5109 Waring Road cooperation in establishing a moratorium in San Diego that area east of 1-805. Joseph Raso Mr. Raso stated he is starting a petition for 157 Murray Street referendum to (1) get the right of sanitary Chula Vista trash service to all persons owning buildings in Chula Vista at least three years; (2) the trash service to be rendered at a reasonable fee; (3) the service shall be rendered on a regular basis at least 52 times a year; (4) the City to be responisbte for construction of a year round road to the outermost property line of the qualifying buildings; (5) all businesses generating 500 cubic feet of refuse weekly to be provided with a second year round access away from that business' main entrance. City Council Meeting -3- January 6, 1976 City Attorney Lindberg cormnented that what Mr. Raso is seeking should not be done through petitioning for a special election through the initiative process. Mayor Hamilton indicated that Mr. Raso should try to get the property owners interested in getting a 1911 Act for improvement of the alley. City Manager Cole explained that the City truck ~nt out to the restaurant last week to help Mr. Raso with his trash; however, he was able to move it himself. Another option the City has is to provide a spot in the parking lot for the dumpster and have a footbridge across the drainage channel to the back of the restaurant. Fred Allen Mr. Allen stated he is owner of the San Diego 10106 Del Rio Economy Bus firm that runs through the City of Spring Valley Chula Vista. Mr. Allen noted all the problems he is having with trying to get San Diego Transit Corporation to buy his bus line and asked that the Council set a date for a meeting with all parties concerned so he can present all his facts. Mayor Hamilton informed Mr. Allen that the Council cannot help him in his transactions with San Diego Transit and advised him to get an attorney for legal counsel. 4. PUBLIC HEARING - On December 9, 1975, the Council, by Resolution TO DETERMINE WHETHER THE Number 7968, directed the City Attorney to give MAINTENANCE OF CERTAIN notice to the following community households HOUSEHOLDS IN THE R-1 to show cause why the maintenance of said house- ZONE ARE IN VIOLATION OF holds should not be declared a public nuisance CHULA VISTA CITY CODE AND and abated by appropriate legal action. CONSTITUTE A PUBLIC NUISANCE 206 Fifth Avenue 81 Mitscher Street 174 Landis Avenue 65 Mitscher Street City Attorney discussed the previous hearing (December 9, 1975) at which time the Council declared three households to be public nuisances based on the number of persons unrelated by blood or marriage living in one of these house- holds in excess of that number allowed pursuant to the family definition. Stipulation noted City Attorney Lindberg signed a stipulation which has been concurred by William Cannon, attorney for the extended households, which provides that the persons testifying tonight do have personal knowledge of the fact and criminal immunity is granted to those persons, and other technical provisions regarding ex- hibits and evidence. City Council Meeting -4- January 6, 1976 William Cannon Mr. Cannon asked the Council to take a look Stickney Ortlieb Moasts & at the definition of a family in the Municipal Burn Code. He noted that at the last hearing, the 303 "A" Street question of the term "servant" was raised. He San Diego remarked that all of tho witnesses testified that they were "servants" of one another; however, the resolution passed by the Council indicated there wore no servants in the household. Mr. Cannon read the various definitions of a "servant" as found in Webster's dictionary, Black's Law, and the Bible. Mr. Cannon then declared that nowhere in the Municipal Code is there a provision for a guest in someone's house. He alleged that the Council violates the Code section by having any two unrelated people as guests in their homes. Mr. Cannon disnussod whether a family oxista as a sole entity - one unit. Under the Code section, three separate families can be living together. In its consideration, Mr. Cannon asked the Council not to be swayed by public sentiment and vicious rumors but to use their own reason, logic and a little compassion. Jerry Jamison In answer to both Attorney Beam's and Attorney 206 Fifth Avenue Cannon's questions, Mr. Jamison, after being Chula Vista sworn in by tho City Clark, testified that there are sevon porsons residing at this address, none of which are related by marriage, blood or adoption. They are all "servants" of oach other - none hired as domestic servants in the employer-employee sense. .He considers them to be a "family" based on their common goals, coF~itment to one another, sharing their lives and possessions and the purpose and feelings of the group. In answer to the Council's questions, Mr. Jamison said he is employed at the Church; the maximum people living at this address at one time was nine; all of the people are over 18 years of age. Leonard Frey Mr. Frey was sworn in by the City Clerk. In 81 Mitscher Street answer to questions by both attorneys, Mr. Frey Chula Vista testified that there are nine persons residing at this address at this time: three persons are related to him (wife and two children), mother with two children, and the other two persons are not related to anyone else in the house- hold by blood, marriage, or adoption. They do "serve" one another including work throughout the house; the mother of the two children serves in a domestic capacity in the house -- she is not paid but gets support of all her needs and her children. They do not have an employer/employee relationship but the needs of all the persons are provided. They work as a family unit, supporting and helping each other. He is closer to the persons residing in the household than he is to his mother, brothers and sisters. They are committed to each other and will keep this relationship as long as these persons want it. City Council Meeting -5- January 6, 1976 In answer to Council's questions, Mr. Frey said he has bean head of the household for 16 months; 4 children under the age of 18; they have had people who come in as guests -- they have one temporary guest now; he works for Pacific Telephone Company; 13 people lived there 6 months ago. Ron Alsop Mr. Alsop, after being sworn in by the City 174 Landis Avenue Clerk, testified to the attorney's questions Chula Vista as follows: there are 16 members living at this address (14 resided there 6 months ago) consisting of three families: his family (wife and 2 children); family of two people (mother and son); another family of four (wife, husband and 2 children); the remaining Six people are not related by blood, marriage or adoption. Under the definition of a servant that has already been discussed, they are all "servants." They received board and room which might be considered some type of re- ~umeration. He considers the household to be of a permanent nature; he has owned the home for over 5 years and has been head of the house for 2 1/2 years; the majority of the people have been living there since its concept. In answer to the Council's questions, Mr. Alsop considered the size of his family as a "good number right now"; 2 or 3 people have left the household since a year ago; 2 have come in since the last six months; a "member" of the family is considered a member of the family such as his own wife and daughter. Councilman Hobel questioned Mr. Alsop as to the number of antomobiles in the family. Attorney Cannon objected to the question; Mayor Hamilton sustained the objection. Mr. Alsop continued answering the Council's questions stating he is employed; everyone that has left the household is still considered part of the family; everyone within the Church households im considered a part of the family; at the present time, he is employed full-time at the Church. Lawrence J. Clark Mr. Clark was sworn in by the City Clerk. In 65 Mitscher Street answer to the questions of the attorneys, Mr. Chula Vista Clark testified that there are 14 people living at this address: his wife and 2 children; mother and two children; husband and wife; the · other 5 are not related by marriage, blood or adoption. They are "servants" of each other receiving many spiritual renumerations and $2.50 a week; the household has increased - a child was born 3 weeks ago. Mr. Clark stated they are a group of people committed to each other, sharing their dining facilities, spiritual goals in common and they care for each other. The family is permanent in its intent and purpose. City Council Meeting -6- January 6, 1976 In answer to Council's questions, Mr. Clark stated there are 4 people under the age of 18 years of age; he is employed. The question of whether Mr. Clark filed an income tax return was overruled by the Mayor as were the questions pertaining to the $2.50 received by the persons in the household. Argument by Attorney Beam Assistant City Attorney Beam gave his definition of a "servant" as found in the Random House Dictionary - 1967. He asked the Council to follow the court's direction in coming to a definition of a word, statute or ordinance: to "that which men of ordinary intelligence would normally ascribe to that word." Recommendation to declare Attorney Beam noted the testimonies given households public nuisances tonight noting the number of persons in each household and asked that the Council direct the City Attorney's office to bring back a resolution declaring the households at 206 Fifth Avenue, 81 Mitscher Street, 174 Landis Avenue and 65 Mitscher Street to be in violation of the City's Zoning Ordinance and declaring them to be a public nuisance. Argument by Attorney Cannon Attorney Cannon stated that the City Code does not define what a "servant" is. The dictionary definitions fit the people who have testified tonight. Each of these people receive room and board for the services they are rendering and each of them has a task to render in that household. These people have a spiritual com- mitment amongst themselves and this should be recognized by the Council. There is no re- striction in the City Code as to how many automobiles a person can have. Mr. Cannon further stated that the law, as the Council is applying it is discriminatory - it is being applied in a discriminatory fashion as to pre- clude these people from living the lifestyle which they believe enriches the City and their own lives. Public hearing closed There being no further comments, either for or against, Mayor Hamilton declared the hearing closed. RECESS A recess was called at 8:50 p.m. and the meeting reconvened at 9:04 p.m. Motion to declare households It was moved by Councilman Hyde, seconded by public nuisances Councilman Hobel and unanimously carried that the four extended households at the addresses of 206 Fifth Avenue, 81 Mitscher Street, 174 Landis Aveque, and 65 Mitscher Street are in fact a violation of the City's Zoning Ordinance and therefore are considered to be public nuisances. Appropriate resolutions are to be prepared by the City Attorney declaring them to be public nuisances. City Council Meeting -7- January 6, 1976 5. PUBLIC HEARING - Community Development Director Desrochers TO CONSIDER CITIZEN explained that the Department of Housing and PARTICIPATION IN Urban Development (HUD) requires that at least COMMUNITY DEVELOPMENT two public hearings be h~ld prior to the for- BLOCK GRANT mulation of the City's request. The first public hearing was held on November 25, 1975 and concluded on December 9, 1975. Mr. Desrochers requested that the Council hold a workshop on January 8, 1976 immediately following the Redevelopment Agency meeting regarding the contents of the Block Grant Application. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Will B. Johnstone, Jr. Mr. Johnstone said he is the Vice President of 647 Myra Avenue the Chula Vista Taxpayers Association. The Chula Vista Association opposes the use of these funds for the following reasons: (i) the projects under consideration are over and above projects already budgeted; (2) most of these will require further capital expenditures and operating and maintenance expenses; (3) some of these projects will remove property from the tax rolls of the City. If the City takes tha position that the funds must be used, the Taxpayers Association request that they be used to acquire substandard property in planned redevelopment Anthony Ciati Mr. Ciati said he was speaking for the 1338 Santa Cruz Court Matropolitan Area Advisory Committee and asked Chula Vista the Council for funds for a multi-s~rvice center located next to 0ray School at Albany and Main Street. The County will pay for a 7,000 square foot building but they need a 15,000 square foot huilding. They need approximately $275,000 to $300,000. The County is providing approximately $250,000 to $275,000 for a 7,000 square foot facility -- they are asking Chula Vista for matching funds to double this capacity. Councilman Hobel commented that this is an initial outlay and questioned what would happen in the long-range fdnding of this facility. Margaret Helton Mrs. Helton discussed the Senior Services Center. 162 Mankato Street She requested space for a multi-purpose center Chula Vista which would contain space for nutrition programs. This building could be built on City owned property on Del Mar or on the Center Street side of the Norman Park Center. Mrs. Helton spoke in support of the multi-service Center to be built adjacent to Otay School. She has a rough plan of the space needed for this center and will give it to the staff to analyze costs. City Council Meeting -8- January 6, 1976 Sid Morris Mr. Morris objected to spending these funds 862 Cedar Street when the City is not sure "what they're getting Chula Vista into." He felt the Council and the citizens should try to save money in view of the fact that everything is going up. Robert Alcaraz Mr. Alcaraz stated he is the President of the 232 Harbison Board of Starlight Center. He asked for Block National City Grant Funds in the amount of $40,000 for (1) an architect's assistance in projecting a Master Plan for the next ten-year period; (2) construction of a multi-purpose building at their present site (1280 Nolan Avenue). Newt Chaney Mr. Chaney said he talked to the staff about 292 Seavale the Block Grant Funds and they helped him under- Chula Vista stand what it was all about. He remarked that he is echoing Mr. Morris' comments and that the money, if used, should be used for something that would benefit the maximum number of people in the City such as a Community Center. Rosette Morris Mrs. Morris asked if the money had to be used - 862 Cedar Street could the City refuse it. Chula Vista Mayor Hamilton explained that if the City refused the money it would just go to another community. Since Chula Vista paid the taxes, they should get some of these benefits. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Workshop scheduled It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that a Council workshop be scheduled at the time suggested by the Community Development Director - immediately following the Redevelopment Agency Meeting of January 8, in the Council Conference Room. City Manager Cole stated it should be an adjourned Council meeting. Motion changed to "Adjourned Councilman Hyde amended his motion to reflect Regular Meeting" this change. 6a. PUBLIC HEARING - Director of Planning Peterson stated that the CONSIDERATION OF CHANGE 1.62 acres was purchased by the applicant from OF ZONE FOR 1.62 ACRES Cal Trans as excess right-of-way. The applicant AT THE NORTHWEST QUADRANT wants to subdivide the property into three OF 1-805 AND EAST "J" residential lots. STREET FROM UNZONED TO R-1-H The Planning Commission reconnnended that the Council approve the rezoning of the property from unzoned to R-1-H (Hillside Modifying District) in accordance with the findings set forth in their Resolution PCZ-75-J and to certify EIR-75-4. Council discussion Discussion followed regarding the City re- linquishing its right-of-way and getting an open space easement. City Council Meeting -9- January 6, 1976 Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. George Cunradi Mr. Cunradi said he is the owner of the property and intends to build three homes on it. The large parcel will be his own home; the homes will be at least 1600 square feet; because of the wind, he will get less noise from the freeway; the homes will be insulated in the best possible manner. Public closed There being no further comments, either for or hearing against, Mayor Hamilton declared the hearing closed. Noise level In answer to Councilman Hyde's query, Planning Dimector Peterson explained that the State Law requires insulation of residential dwellings to insure a 45 decibel maximum inside. It is the staff's intent to find out what the ambient level is outside, what type of building construction would be required to meet these requirements, and this would be required at the time of building permit. City Attorney's opinion Mr. Lindberg stated that the Council can impose the conditions recon~nended by the Planning Commission and the property owner would have to conform to the State Law standards regarding the noise level. This is a special case because of its situation. Motion regarding It was moved by Councilman Hyde, seconded by insulation construction Councilman Hobel and unanimously carried that the ordinance be amended to (1) include a requirement for sound-proofing to achieve an interior noise level not to exceed 45 decibels as a condition of the zone change, and (2) the structure be sighted so that usable open spaces are generally shielded from the free- way by the structure or noise attenuation walls. Motion for ordinance It was moved by Councilman Hyde to place the ordinance on its first reading. Council discussion Councilman Scott questioned the need for an open space easement. Motion withdrawn Councilman Hyde withdrew his motion to place the ordinance on first reading. Motion for open space It was moved by Councilman Hyde, seconded by easement Councilman Hobel and unanimously carried for an additional amendment to the ordinance -- that a further condition be imposed stating that prior to the filing of a parcel map on this property, the northern segment be given as an easement to the City for open space as a con- dition of the zone change and, parenthetically, the dimensions of it to be determined by the staff. City Council Meeting -10- January 6, 1976 6b. ORDINANCE NO. 1659 - It was moved by Councilman Hyde that this AMENDING ZONING MAPS Ordinance be placed on its first reading as ESTABLISHED BY SEC. 19.18.010 amended and that th~ reading of the text be OF THE CITY CODE REZONING THAT waived by unanimous consent. CERTAIN PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF 1-805 The City Council further certifies EIR-75-4. AND EAST "J" STREET FROM UNZONED TO R-1-H - FIRST READING Motion carried The motion carried by the following vote, to wit:' AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent: None CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted with the exception of Item Number 10. 7. RESOLUTION NO. 7999 - The subdivision consists of 50 lots and is APPROVING AND ACCEPTING located along Rivera Street, east of Oleander PUBLIC IMPROVEMENTS IN Avenue. The developer, Time Development THE APOLLO NO. 3 SUB- Company, has completed the public improvements DIVISION and a final inspection was made on December 19, 1975 to the satisfaction of the Director of Public Works. 8. RESOLUTION NO. 8000 - One of the conditions for the approval of ACCEPTING GRANT OF Tentative Parcel Map No. 15-75 was for the EASEMENT FROM owners to grant a ten foot strip of land as MERLE F. PALMER an easement for street tree purposes along "E" Street. On December ] , 1975, Mr. Palmer granted this easement. 9. RESOLUTION NO. 8001 - The Agreement for Public Health Services AUTHORIZING THE SAN between the City and County indicates that the DIEGO COUNTY DIRECTOR City ordinances must impose the same regulatory OF PUBLIC HEALTH TO and penal provisions on incorporated territory ENFORCE THE PROVISIONS within the City as does the related County OF ORDINANCE NO. 1656 ordinances upon unincorporated territory. RELATING TO FOOD Passage of this resolution will formalize the HANDLERS intent of Ordinance No. 1656 (Food Handler Ordinance). (End of Consent Calendar) 10. RESOLUTION NO. 8002 - The current Civil Service Rule authorizes the AMENDING RULE IX, SECTION use of sick leave for the Fire Fighters, re- 3, OF THE CIVIL SERVICE garding a family death, only in the event of a RULES RELATING TO SICKNESS death in the immediate family of the employee. AND DEATH LEAVE The proposed amendment allows the use of sick leave in the event of the death of a member of the immediate, family of an employee's spouse or of a person who is a dependent of the employee. The amendment further provides that Fire fighter working a 60-hour week would be allowed up to two shifts off with pay charged to sick leave. City Council Meeting -11- January 6, 1976 Council Discussion Councilman Hyde questioned the annual cost to the City. Councilman Scott wondered about the wisdom of having to go through the Civil Service for these changes. In view of the fact that the City has negotiations with the City employees and everything is spelled out in a contract, that perhaps the Civil Service Corm~ission has become antiquated. City Attorney Lindberg agreed stating it is a matter that should be considered in great depth. The Charter would have to be amended. Staff study requested Councilman Scott asked that the staff make a study of this and find out what other cities are doing in this regard. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTIONS AND ORDINANCES, FIRST READINGS 11. RESOLUTION NO. 8003 - Mrs. Whitacre is moving to Boise, Idaho on COMMENDING DIANNE WHITACRE, the 15th of this month. The Mayor presented REPORTER FOR THE STAR-NEWS, her with this Resolution commending her on FOR HER EXCELLENT COVERAGE her fair and accurate reporting of the City OF THE ACTIONS OF THE CITY Council actions and that of the staff of COUNCIL AND STAFF the City. 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, Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None 12. RESOLUTION NO. 8004 - On December 16, 1975, the Council approved DETERMINING THE AMOUNT OF the construction of 70~ of sewer in the 500 MONEY WHICH SHOULD BE block of Hilltop Drive and appropriated and ASSESSED AGAINST CERTAIN authorized the expenditure of $1,367.88 PARCELS OF PROPERTY AT from the Sewer Income Fund. Director of 509 AND 511 HILLTOP DRIVE Public Works Robens recommended that the BY THE CONSTRUCTION OF two benefitting properties pay a special CERTAIN SEWER INSTALLATIONS assessment of $683.94 and a charge of 7% interest per annum before being permitted to connect to the City sewer system. 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, Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None City Council Meeting -12- January 6, 1976 13. RESOLUTION NO. 8005 - Bonita Builders constructed 287' of 8" sewer DETERMINING THE AMOUNT OF MONEY main, including a sewer manhole, in Hilltop WHICH SHOULD BE ASSESSED Drive, south of "H" Street to serve their four AGAINST CERTAIN PARCELS OF parcels of property. Seven properties fronting PROPERTY PRIOR TO MAKING SEWER on Hilltop Drive will benefit from this con~ CONNECTION BECAUSE OF BENEFIT struction. The Director of Public Works recom- RECEIVED BY SAID PARCELS BY mended that the seven properties pay a special THE CONSTRUCTION OF SEWER assessment of $604.66 and a charge of 7% FACILITIES IN THE 500 BLOCK interest per annum before being permitted to OF HILLTOP DRIVE connect to the City sewer system. Further, that the five parcels lying within the County of San Diego annex to the City at the time of connection or within one year. 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, Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None 14. RESOLUTION NO. 8006 - The developers of the Otay Industrial Park DETERMINING THE AMOUNT OF have constructed a 10" sewer main in Otay MONEY WHICH SHOULD BE Valley Road from Brandywine Avenue easterly ASSESSED AGAINST CERTAIN to serve their development. The Director PARCELS OF PROPERTY of Public Works recommended that those PRIOR TO MAKING SEWER properties which will benefit from this CONNECTION BECAUSE OF construction be assessed $329.278 per acre BENEFIT RECEIVED BY SAID and the charge of 7% interest per annum at PARCELS BY THE CONSTRUCTION the time the properties connect to the OF SEWER FACILITIES IN OTAY City sewer system. VALLEY ROAD FROM BRANDYWINE AVENUE EASTERLY TO OTAY INDUSTRIAL PARK FOR A DIS- STANCE OF 4/5 MILE 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, Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: None 15. RESOLUTION NO. 8007 - The following bids were received on December ACCEPTING BIDS AND AWARDING 23, 1975: CONTRACT FOR STORM DRAIN IN FOURTH AVENUE FROM M~MORIAL ~.~. · ~ ~ A~,~,at, WAY TO "E" ST~ET - PROJECT ~.~. i ~... s~.t~. ~i~, ~.?::.(? ~,07?.~ *~,:~-~ #GT 24 ~ ~. ~, ~ c~o, ~,~.~s ~o,~,.4~ ..... It was recommended that the bids be accepted and the contract awarded to R.J. & S.W. Shacklett General Engineering Contractors in the amount of $61,077.38 per Alternate II of the bid proposal for corrugated steel pipe. Further, that Council authorize the expenditure of $67,000 from account #28-6100- GT-24. City Council Meeting -13- January 6, 1976 Time element questioned Councilman Egdahl questioned whether this work should be done at the time the new Library will be opening. Director of Public Works Robens explained that the project would be completed prior to the opening. 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, Scott Noes: None Absent: None 16. RESOLUTION NO. 8008 - The Voting Rights Act of 1965 was expanded APPROVING AGREEMENT BETWEEN this year to add "Bilingual Election Require- THE CITY AND DR. VALERIO S. ments" to cover areas with minority popula- RODRIGUEZ FOR TRANSLATION tions such as California with its many Mexican- SERVICES American and Asian-American residents. The City Clerk is charged with providing a Spanish translation of the election forms. Dr. Rodriguez meets the qualifications as stipulated in the Voting Rights Act. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Hamilton Noes: None Absent: None 17. RESOLUTION NO. 8009 - On December 23, 1975, the City Council SETTING FORTH TERMS AND approved the terms and conditions regarding CONDITIONS REGARDING Candidates Statements. Theyspecified, how- CANDIDATES' STATEMENTS ever, that the candidate be allowed to take AND CAMPAIGN MATERIAL advantage of including his campaign literature MAILING in the sample ballot envelopes subject to specifications delineated by the City Clerk. City Clerk Fulasz submitted a memo to the Council explaining the numerous problems and cost associated with allowing this project and urging the Council to not allow the campaign mailing in the sample ballot envelopes. Original resolution offered Councilman Hyde offered the original resolution which called for no campaign literature to be mailed in the sample ballot envelopes. The reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Hamilton Noes: None Absent: None City Council Meeting -14- January 6, 1976 Councilman Hyde asked that the City Clerk take a second look at this and continue to try to find a way in which this can be done. 18. RESOLUTION City Attorney Lindberg submitted the Option APPROVING OPTION AGREEMENT Agreement noting the purchase price of the WITH HARBOR MANAGEMENT property ($1,750,000); the time schedule for COP, PORATION FOR THIRD payments; the increased amount (3/4 of 1%) AVENUE AND "H" STREET for each thirty day period after the first PROPERTIES three months of escrow; and the actions of the Board of Supervisors in this matter. Executive Session requested Mayor Hamilton stated that the City Attorney has requested an Executive Session before Council consideration of this item. Councilman Hyde asked that the Executive Session be held at the close of the meeting. Mayor Hamilton agreed and stated this item would be postponed until the end of the meeting. 19. ORDINANCE NO. 1660 - The Charter provides that compensation AMENDING SECTION 2.04.580 shall be paid to Councilmen in accordance OF THE CODE RELATING TO with the schedule established by the Govern- COMPENSATION FOR COUNCILMEN ment Code of the State of California. The - FIRST READING Code provides for increases of five percent per annum to become effective subsequent to the election of any new members to the City Council. It was recommended that the salary increase be effective May 1, 1976 from $335.02 per month to $369.36 per month. Ordinance placed on first It was moved by Councilman Scott that this reading 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 20. REPORT OF CITY MANAGER Report on City Newsletter City Manager Cole referred to his report to the Council in which he detailed the background of the City's Newsletter pub- lished for five years beginning in 1964. Mr. Cole noted the problems involved in at- tempting to publish a quarterly newsletter, the types of articles which would be published and the cost of delivering the publication. It was his recommendation that the Council reject the concept of publishing a quarterly newsletter at this time. City Council Meeting -15- January 6, 1976 Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. Staff to bring matter Councilman Hobel requested that the staff back at budget time bring this matter back for consideration at the time the Council considers the budget. REPORTS OF CITY OFFICERS 21. REPORT ON BALLOT MEASURES City Attorney Lindberg referred to his written report to the Council and discussed four possible Charter amendments to be put on the April 13 ballot: (1) an extension of the original probationary period for peace officers; (2) right of hearing for any employee priortto suspension or dismissal; (3) establishing a salary for the Mayor; (4) place of meetings. Motion regarding Section 803 - It was moved by Councilman Hyde, seconded Rules and Regulations by Councilman Scott and unanimously carried (Peace Officers) that an appropriate amendment be made to the Charter calling for removal of Section 803 and that this matter be put into the Civil Service Rules and/or Memorandum of Understanding with employee groups. Motion regarding Section 807 - It was moved by Councilman Hyde, seconded Removal or Suspension of by Councilman Scott and unanimously carried Employees that this portion in the Charter be removed, and if successful, those provisions be in- corporated into the appropriate ordinances. City Attorney Lindberg stated he would contact the employee associations and work out the appropriate ordinance to fill the void that might be left by removal of this section. Motion regarding Section 304 - City Attorney Lindberg added the stipulation Presiding Officer, Mayor that this compensation would be for a full- time Mayor. The recommended amendment allows this Council to operate in the same manner as any General Law city operating under the Government Code of the State of California. The alternative is for a salary-setting com- mission. Council discussion Mayor Hamilton voiced his opposition to the salary setting committee stating that the Council should have this responsibility. Recess A recess was called at 11:00 p.m. and the meeting reconvened at 11:10 p.m. Motion regarding Section 304 - It was moved by Councilman Scott, seconded Presiding Officer, Mayor by Councilman Egdahl and unanimously carried that the City of Chula Vista will simply abide by those sections of the General Law cities on compensation for the Mayor. City Council Meeting -16- January 6, 1976 25c. Item #25c. moved up on Agenda - It was moved by Councilman Hobel, seconded Request for extension of time by Councilman Hyde and unanimously carried on payment for improvements - that this item be moved up on the Agenda Starlight Center at this time. Motion to grant extension It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this payment be deferred for 90 days. 21. Continuation of Item #21 Section 308 - Attorney Lindberg explained that meetings Place of Meetings shall be held in the Council Chamber at City Hall except in cases of fire, flood, etc. A provision has been added for special meetings to be held within any place suitable and desirable for public assembly within the City and further, that the Council may meet in joint session with other governing bodies. MQtion to place on ballot It was moved by Councilman Egdahl and seconded by Councilman Hyde that this pro- posed amendment be placed on the ballot. Discussion of motion Councilman Scott questioned whether official business should be conducted away from City Councilman Egdahl suggested a revision of the sentences in the second paragraph of the proposed amendment: Begin the paragraph by stating that the City Council could meet with other governing bodies and then put in the first sentence regarding special meetings but adding the provision of "no special actions" to be taken. City Attorney Lindberg asked that this meeting be adjourned to Thursday, January 8 (after the Redevelopment Agency meeting) and he will revise the language of this amendment and bring it back at that time for action. Mayor Hamilton deferred this item until the meeting to be called for Thursday, January 8, 1976. 22. REPORT ON CHULA VISTA'S In a memo to the City Council, Assistant City MUNICIPAL ELECTION Attorney Beam discussed the current Chula CAMPAIGN CONTRIBUTIONS Vista Campaign Ordinance stating that the AND EXPENDITURES District Attorney, Mr. Edwin Miller, stated ORDINANCE he would no longer be the enforcement officer for the ordinance and expressed his reser- vations concerning the constitutionality of several of its provisions. Mr. Beam cited the Attorney General's Opinion (January 1974) in which the opinion ruled that the Cities of Chula Vista, San Francisco and San Diego (charter cities) were pre- empted from adoption of a local ordinance by provisions of state law. City Council Meeting -17- January 6, 1976 Mr. Beam noted that the U. S. Supreme Court is expected to rule shortly on a case which is a challenge to the Federal Contribution and Expenditure Limitation. It was the City Attorney's recon~endation that the Council direct a repeal of the local ordinance until such time as a controversy regarding ordinances of this type has been settled. Motion to accept It was by Councilman Scott and seconded staff's moved recommendations by Councilman Hobel that the staff's recom- mendation be accepted. Discussion of motion Councilman Hyde agreed that those provisions already covered by Proposition 9 should be deleted in tha City's campaign ordinance; however, he would like the following re- quirements to remain: 1. Ceiling on the amount of expenditure funds 2. Fair Election Committee to remain in the City 3. Limit on contributions Enforcement Council discussion followed regarding the lack of enforcement of the ordinance. Assistant City Attorney Beam reported on the challenges being made State-wide on this type of ordinance. The provisions cited by Councilman Hyde which he would like to see remain in the ordinance are those that are giving the most problems. Motion failed The motion to accept the staff's recommendation failed by the following vote: Ayes: Councilman Hobel NOES: Councilmen Hamilton, Hyde, Egdahl, Scott Absent: None Change of vote Councilman Hobel stated he wished to change his vote to a "no" vote; therefore, the motion failed by unanimous vote. Motion for revision It was moved by Councilman Hyde, seconded to ordinance by Councilman Scott and unanimously carried to direct the staff to prepare a revision to the ordinance which would eliminate all those portions of the ordinance which would duplicate procedures and safeguards already provided in State law with regard to election reform. Limitation on campaign City Attorney Lindberg noted that only Del expenditures Mar has a limitation on expenditures and has raised their amount to 18¢. City Council Meeting -18- January 6, 1976 23. REPORT ON A~PEAL OF PLANNING On November 10, 1975, the Planning Commission COI~ISSION DENIAL OF DEFERRAL considered a request of Mr. Lawrence P. FOR PUBLIC IMPROVEMENTS - Colman, owner of the property at 368 Hilltop 368 HILLTOP DRIVE Drive, for a deferral of the construction of public improvements fronting his property. The Commission denied this request and recom- mended that the staff investigate the pos- sibility of using the short form of the 1911 Improvement Act procedure to complete the improvements along the west side of Hilltop Drive between Center and "G" Street. The Director of Public Works submitted a written report to the Council in which he recommended that the Council defer the improvements for a period not to exceed 2 years in order to give staff time to create an improvement district in that area. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the staff recommendation be accepted - defer the improvement and include these parcels in a 1911 Act within 24 months. 24. REPORT ON ADMINISTRATIVE The Director of Parks & Recreation submitted COSTS FOR OPEN SPACE a summary of the administrative costs for DISTRICTS Open Space Districts. Based on 987 units, the annual cost would be $5,004.62 or $5.07 per year per unit. It was the recommendation of the Director of Parks & Recreation that the City adminis- trative costs not be assessed to these districts at this time but that the service be reviewed annually during the second week in January - that this be considered for assessment spread based upon a cost versus benefit ratio. Staff recommendations It was moved by Councilman Egdahl, seconded accepted by Councilman Hobel and unanimously carried that the staff's recommendation be accepted. Director of Parks Mr. Hall explained that the assessments are & Recreation Hall calculated in April but not payable Until December. He is beginning to see the bene- fits not only to the property owner but to the area in general from these open space districts. He asked that the Council allow bringing in the next two or three districts and then he will do an intensive study of the benefits. MAYOR'S REPORT Endorsement of member Mayor Hamilton remarked that he received a to Transit Board request from National City to ratify the appointment of City Councilman Joseph Louis Camacho as representative to the new Transit Authority and the nomination of Michael Dalla as alternate. Councilman Scott felt the alternate should come from Imperial Beach (the second city selected) in order to have continuity on the Board when a change takes place. Further, the alternate receives all the material published by the Board. City Council Meeting -19- January 6, 1976 Motion for recommendation It was moved by Councilman Scott and seconded to Cities by Mayor Hamilton that the Council recommend to the Cities of National City and Imperial Beach that a member of the Council of the City coming up next on the list be designated as the alternate. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None Motion for endorsement It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the appointment of Joseph Louis Camacho be endorsed. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that an Executive Session be called at the close of this meeting for litigation purposes. Field Trip It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the City Manager prepare a Council field trip of City facilities - park facilities and those areas of concern that might be coming up at budget time. Status report on trash It was moved by Councilman Hyde, seconded problem by Councilman Egdahl and unanimously carried that the City Manager give the Council a status report on the La Belle Pizza trash problem in two weeks. EIR on "J" Street project Councilman Egdahl said he talked to Port Commissioner Bob Campbell and he pointed out that Chula Vista was the only city that did not respond to the EIR on the dredging project. Motion for staff response It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that the staff give this response. Publication of precinct Councilman Hyde referred to his conversation and polling place list with the City Clerk regarding the publication of precincts and polling places. The voters receive their designated polling place in their sample ballot envelopes and publishing this list is both duplicating and costly. Motion to contact legislators It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this matter be brought to the attention of Assemblyman Deddeh and Congressman Van Deerlin asking them to consider proposed legislation which would eliminate the re- quirement for the publication by public notice of the election precincts. City Council Meeting -20- January 6, 1976 Meeting with Congressman Mayor Hamilton reported on the meeting held Van Deerlin with Congressman Van Deerlin concerning revenue sharing. Mr. Van Deerlin would not give his committment on how he would vote on revenue sharing. The Mayor declared it was i~cumbent upon this Council to keep after Mr. Van Deerlin and keep the matter in front of the public - that the City needs and desires a continuation of revenue sharing. 25. WRITTEN COMMUNICATIONS a. Verified claim for damages - Ms. Hermanson filed a claim in the amount Jeanne Hermanson of $99.69 stating that on December 7, 1975 962 Corte Maria the City sewer line backed up causing some Chula Vista flooding in her residence. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied and turned over to the City's insurance carrier for in- vestigation. b. Verified claim for damages - The City of National City submitted a claim City of National City in the amount of $276.64 stating that on 1200 "A" Avenue October 27, 1975 an unattended vehicle National City belonging to the City of Chula Vista rolled into a parked pound truck belonging to the City of National City (driveway of 690 Otay Valley Road). Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied and turned over to the City's insurance carrier for in- vestigation. c. Request for 90-day extension (See page 16 of these minutes) of time for payment of Oneida Street Improvements d. Letter of resignation - Mr. Tieber submitted his letter of resignation Anthony P. Tieber, stating that he is moving out of the City and Parks & Recreation will no longer be able to serve on this Commission. Accepted with regret It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the resignation be accepted with regret and proper recognition be given to Mr. Tieber. e. Request for rejection of Mr. Dunn requested that the proposal for a dump site - J. Fred Dunn dump site in the northwest quadrant of 1-805 222 Dovary Road and East "H" Street, adjoining his residence, be rejected. City Manager Cole reported that the Public Works Department is considering the use of this property for the disposal of excavated soil materials. This material will be excess soils from trenches from the construction and repair of sewer laterals by City forces in street right-of-way and will be deposited at a rate of 6 to 10 truckloads a week. ERC has determined that environmental effects of the project are such that an EIR need not be written and that a negative declaration can be issued. City Council Meeting -21- January 6, 1976 Mr. Robens said he discussed this with Mr. Dunn and he was at the Environmental Review Committee meeting and received a full explanation. Mayor Hamilton commented he would like to see something in there about the compaction of the fill material. Councilman Scott indicated that the Council should consider, at budget time, plans for that property, such as a soccer field. Motion to bring the matter It was moved by Mayor Hamilton, seconded back at budget session by Councilman Egdahl and unanimously carried that this matter be brought back at budget session. Recess to Executive Session The Council recessed to Executive Session at 12:03 a.m. and the meeting reconvened at 12:22 a.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:22 a.m. to Thursday, January 8, 1976 at 7:30 p.m.