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HomeMy WebLinkAboutcc min 1975/01/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 28, 1975 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:30 p.m. in the Council Chamber, City Hall, Chula Vista, California, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Thomson, City Attorney Lindberg, Acting Assistant City Manager Cole, Acting Director of Public Works Robens, Director of Planning Peterson, Director of Parks and Recreation Hall, Director of Finance Grant, Director of Redevelopment Operations Desrochers The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of January 17, 20 and 21, 1975 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mrs. Dorothy COMMISSIONER Rudolph, member of the Planning Commission, as guest commissioner for this meeting. PRESENTATION BY C. R. CAMPBELL Mr. Campbell, Port Commissioner, was unable to be present and requested permission to give his presentation at the next meeting. Continued to next meeting It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that Mr. Campbell's presentation be scheduled for the meeting of February 4, 1975. ORAL CON~MUNICATIONS There were no Oral Communications. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7605 - On June 18, 1974, by Resolution No. 7335, GRANTING EXTENSION OF the City Council authorized a fifth exten- TIME FOR INSTALLATION sion of time to install the required public OF PUBLIC IMPROVEMENTS improvements under the 1911 Block Act, IN SECOND AVENUE SOUTH Phase XIV at this location. The extension OF PALOMAR STREET expired on January 11, 1975. Mr. Saburo Muraoka, the owner, has requested a further extension of eighteen months (expiring July 10, 1976). City Council Meeting 2 January 28, 1975 RESOLUTION NO. 7606 - Bids were received on January 16, 1975, as ACCEPTING BIDS AND AWARDING follows: CONTRACT FOR LANDSCAPE MAINTENANCE FOR A ONE-YEAR Environmental Care, Inc. $4,100 PERIOD FOR OPEN SPACE Heffler Landscaping $4,300 DISTRICT NO. 2 - ORANGE Eureka Enterprises $5,180 AVENUE SLOPES IN LARKHAVEN SUBDIVISION It was recommended that the contract be awarded to the low bidder, Environmental Care, Inc., and that the sum of $4,510 be appropriated ($410 for contingencies) from the unappropriated balance of Open Space District No. 2 fund. RESOLUTION NO. 7607 - The following bids were received on ACCEPTING BIDS AND AWARDING January 16, 1975: CONTRACT FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ALONG B.E. Wilson Contracting $71,494.35 ALBANY AVENUE BETWEEN TREMONT Corporation, Chula Vista AND MAIN STREET IN THE CITY R.E. Hazard, San Diego 71,786.85 OF CHULA VISTA - GAS TAX Daley Corporation, San 72,919.50 PROJECT NO. 195 Diego A B C Construction Co., 74,093.63 San Diego T. B. Penick & Sons, 80,478.72 San Diego Griffith Company, 81,294.25 San Diego Pullaro Contracting Co., 84,562.00 E1 Cajon The Council previously approved agreements between the City and the County of San Diego, Chula Vista Elementary School District and San Diego Gas & Electric Company for participation in this project. It was recommended that the contract be awarded to the low bidder, B. E. Wilson Contracting Company. (End of Consent Calendar) RESOLUTION NO. 7608 - In accordance with Council policy concerning APPROPRIATING FUNDS AND fence installation at Hilltop Park with ACCEPTING BID FOR individual property owners on a 50-50 INSTALLATION OF FENCE: basis, the Parks and Recreation Department HILLTOP PARK has received a request for fence installa- tion from Mrs. Kenneth Mordecai, 78 Vallecito Way. The cost of the fence will be $247.00 with $123.00 as the City's share. 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 City Council Meeting 3 January 28, 1975 , RESOLUTION NO. 7609 - The following bids were received on ACCEPTING BIDS AND AWARDING January 21, 1975: CONTRACT FOR RESURFACING CITY-OWNED TENNIS FACILITIES Eastwood & Sons Tennis $4,200 Court Contractors Folsom Enterprises $4,840 Protective Maintenance $6,400 Company, Inc. Eastwood & Sons Tennis $7,000 Court Contractors Malott & Peterson-Grundy $8,487 It was recommended that the contract be awarded to the low bidder, Eastwood & Sons Tennis Court Contractors. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, ltyde, Egdahl Noes: ?lone Absent: None RESOLUTION NO. 7610 - The following bids were received on ACCEPTING BIDS AND AWARDING January 16, 1975: CONTRACT FOR THE RENOVATION OF SHUFFLEBOARD COURTS T.B. Penick & Sons $12,958.00 AT MEMORIAL PARK Patrick J. Timmins $13,923.00 Construction Callahan Brothers $17,878.00 The lowest responsible bid, T. B. Penick & Sons, includes City forces performing all demolition work of the existing structures. The original estimate for this project was $4,958; therefore, it was requested that the City appropriate the sum of $6,250 from the unappropriated reserve of the General Fund and authorize the expenditure of $14,250 (low bid plus con- tingency). Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 7611 - Last year, the City converted to a complete PROVIDING FOR THE SPECIAL self-insurance program administered by APPROPRIATION OF FUNDS FOR R.L. Kautz and Company. Part of the pro- WORKMEN'S COMPENSATION gram for Workmen's Compensation Insurance TRUST FUND involves the establishment of an annual $50,000 trust fund to provide sound pro- tection for the City. City Council Meeting 4 January 28, 1975 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, ttyde, Egdahl Noes: None Absent: None RESOLUTION OPPOSING THE The staff of the San Diego Coast Regional CONTINUATION OF THE Commission recommended that the State of REQUIREMENT FOR THE California assume continued primary respon- ISSUANCE OF A PERMIT FOR sibility for implementation of the coastal INDIVIDUAL PROJECTS BY THE plan and that the present system of permit SAN DIEGO COAST REGIONAL issuance by the Coastal Commission be re- CO~ISSION tained. The San Diego Coastal Commission is favoring the implementation of the plan by existing local/regional governmental structures. Director of Planning Peterson recommended that the Council take a position favoring the retention of land use control at the City/County level of authority with perhaps some review of local decisions by a regional authority to avoid project approval which is in conflict with the coastal plan. City Attorney's comments Mr. Lindberg stated that the San Diego Regional Coast Commission has endorsed the program of implementation of the approved plan by local and regional bodies other than themselves. They would retain the supervisory role in the matter. Mr. Lindberg indicated the resolution before the~Council should perhaps be one of support. Council comments Councilman Hyde spoke against endorsing the action taken by the San Diego Regional Coast Commission. He felt it was much too soon to make a decision to "abandon the structure that was created to bring a halt to the hazardous mis-developments of the coast." Mayor Hamilton explained that the Commission has reviewed and adopted a general plan. What they are saying now is that they will see that the plan is implemented but will not be in the business of issuing building permits. Director of Planning Peterson commented that his department initiated this resolution because of the opposition by some key members of the Coastal Commission to the City's Bayfront plan. Councilman Scott remarked that ~his was not a good reason to be for or against the Commission. He added that the Plan has been made and he would like to see a review process, but that cities and local government City Council Meeting 5 January 28, 1975 are more responsive to the people than a non-elected appointed body would be. The real problem with the Commission is the red tape everyone must ge through. Councilman Egdahl commented that Proposi- tion 20 established the Commission and they were given the directive to develop a plan for the coast and then they would go out of existence (~n 1976) thereby not creating a bureaucracy that would continue on. Motion to file It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the resblution be filed. RESOLUTION NO. 7612 - The City Council directed staff to prepare APPROVING AGREEMENT BETWEEN a proposal for the extension of a lease THE CITY AND AMERICPdq LEGION with the American Legion for the facility POST 434 FOR TEMPORARY located at General Roca Park. The lease EXTENSION OF AMERICAN i5 to be for ten years with a ten-year LEGION LEASE option if the American Legion would make improvements to the property as suggested by thc staff. Staff's reconm~endations for improvements would cost approximately $26,000. The American Legion has only $10,000 in their building fund; therefore, options are currently being prepared for Council con- sideration. Inasmuch as the current lease expires on January 31, 1975, the City Attorney sug- gested approval of the resolution extending the lease on a month to month contingency until such time as a mutually satisfactory arrangement can be made. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen ltobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None CONSIDERATION OF TRUTH-IN-HOUSING In a written report, City Attorney Lindberg ORDINANCE explained that the Council deferred the adoption of the "Truth-in-Housing" Ordinance to await the report from the Chamber of Commerce and other interested parties. The Chamber submitted a substitute ordinance which is in effect limited to sales in new developments. Mr. Lindberg noted that the proposed ordinance is extremely broad and does contain some areas that are en- compassed in state law. Any alleged vio- lations would be deferred to the appropriate authorities for prosecution under the state law. City Council Meeting 6 January 28, 1975 In order that the Board of Realtors may com- plete their study of the ordinance and make further recommendations, Mr. Lindberg asked that the matter be continued for two weeks. Motion for continuance It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously car- ried that the matter be continued for two weeks (to the meeting of February 11, 1975). REPORT ON FINANCIAL City Clerk Fulasz stated that she received SUPPORT IN SENDING a request for a one week's continuance CHULA VISTA BANDS TO of this matter in order to allow the Band WESTERN DIVISION OF Boosters to make their presentation to THE MUSIC EDUCATORS the School District. NATIONAL CONFERENCE Motion to continue for It was moved by Councilman Scott, seconded one week by Councilman Egdahl and unanimously car- ried that the matter be continued for one week. REPORT ON POST OFFICE Acting Director of Public Works Robens TRAFFIC CIRCULATION submitted a written report explaining the DURING THE CHRISTMAS changes made in the Post Office traffic HOLIDAYS layout at Christmas time to relieve the heavy congestion. The changes that were implemented facilitated vehicular movoment and reduced the conges- tion normally experienced on Third Avenue and in the Post Office area. Mr. Robens commented that although the problem has not been completely eliminated, progress has been made. The Postmaster has indicated that various solutions to this problem will be considered including the recommendations made by the City staff. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON TRUCK ROUTES Acting Director of Public Works Robens explained that the Chamber of Commerce requested the enforcement of the ordinance regulating truck routes in the City and suggested that the s~hool district's buses utilize these truck routes. Mr. Robens cited the City Code, Section 19.1301 which requires all vehicles over 6,000 pounds to utilize truck routes except when making bonafide deliveries off the truck routes. Enforcement is done by the Police, primarily on the basis of vehicles observed violating the truck routes. City Attorney Li~dberg noted that the City cannot limit the school buses to the utiliza- tion of the truck routes. City Council ~leeting 7 January 28, 1975 Report accepted It was moved by Councilman Egdahi, seconded by Councilman Scott and unanimously carried that the report be accepted. REPORT ON EAST ORANGE A written report was sent to the Council AVENUE MEDIAN ISLAND, by the Acting Director of Public Works OLEANDER AVENUE TO stating that in designing the median island, CONNOLEY AVENUE - GAS the staff noted that there were four drive- TAX PROJECT NO. 155 ways to the Alpha Beta shopping center: two on Melrose Avenue and two on East Orange Avenue. Two alternatives were presented to the Council for the median island. It was the recommendation of the staff that a landscaped median island be constructed on East Orange Avenue without an opening in front of the Alpha Beta shopping center as proposed with Alternate I design. Motion for Alternate I It was moved by Councilman Hyde.and seconded by Councilman Egdahl to accept the report and adopt Alternate I. Speaking against motion Councilman Scott spoke against the motion, stating there should be an opening at the shopping center rather than have the traf- fic go to t4elrose to make this turn. Council discussion ensued regarding both Alternates presented by the staff, the adjacent zonings and plans that have been submitted for that vacant area. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, llamilton Absent: None Motion for Alternate II It was moved by Councilman Scott.and seconded by Councilman Hobel that Alternate II be adopted. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None RECOMMENDATION REGARDING Several requests have been made to tbe SERVING OF REFRESItMENTS Council for a waiver of the condition CONTAINING ALCOHOL IN (Rule 9) which prohibits the serving of CITY FACILITIES refreshments containing alcohol in a Parks and Recreation facility (Rohr Manor). In accordance with Council's referral, the Parks and Recreation Commission considered this and reoommended that this condition (Rule 9) remain as it is with no modifica- tion. City Council Meeting 8 January 28, 1975 Reconm~endation accepted It was moved by Councilman Egdahl, seconded by Councilman:Scott and unanimously carried that the recommendation be accepted. MAYOR'S REPORT SOUTH BAY COURTS Mayor Hamilton referred to the memorandum sent from the City Manager (dated January 23, 1975) asking for comments and policy guidance from the Council. The staff will present these at the Board of Supervisors' meeting of January 29, 1975. It was moved by Councilman Hobel and seconded by Councilman Hyde that this item be car- ried over to the next Council Conference - F~br~ary 5, 1975 at 4:00 p.m. Councilman Egdahl noted that at the last Council Conference, the Council went on record as stating it wants - as the No. 1 site - the general Civic Center to Third Avenue area. Mayor Hamilton reiterated the Council's action -- that the City of Chula V{gta is interested in having the court complex in that area which would be proposed for the Third Avenue redevelopment area - and to pursue all sites that may fall within that area. Mr. Thomson said he would take that input to the meeting of January 29, 1975. Based on specific additional information received from County staff, the Council can discuss this matter ~furth~r. Motion to place The motion to place this item on the this item on agenda February 5, 1975 meeting carried unani- carried mously. EXECUTIVE SESSION It was moved by Mayor tfamilton, seconded by Councilman Hyde and unanimously carried that an Executive Session be called at the close of the business meeting for matters of personnel. COUNCIL CO~ENTS LEGISLATIVE COMMITTEE REPORT Councilman Scott reported that the Committee met on Monday, January 2?, 197S at 4:00 p.m. OSttA Councilman Scott explained that this program is administered by the State and the committee could see no reason why the money should be brought back to Chula Vista. The City is not doing anything to earn the money and therefore it would not be appro- priate to ask for it. Motion for no action It was moved by Councilman Scott, seconded on OSHA by Mayor Hamilton and unanimously carried that no action be taken on the proposal to ask the State for a share of the money (collected by OSIIA fines). City Council Meeting 9 January 28, 1975 AB 188 (FOkPILOFF) Councilman Scott said this legislation was LIMITATION ON CITIES' one that would exclude any low rent housing ALrlttORITY TO IMPOSE development for the elderly with state FEES AND TAXES or federal financing assistance from the imposition of any city tax or fee attri- butable to the construction permit. The Committee referred to the one low-cost housing project in the City which waived that legislation. Councilman Scott felt that this was a function of the local offi- cials rather than have it mandated by the State. Motion to oppose AB 188 It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Council oppose AB 188 (the Kapiloff Bill) and send a letter to the appropriate members of the committee and that a reso- lution be brought back in opposition to the Bill. AB 337 (BOATWRIGMT) Councilman Scott explained that Assemblyman REVENUE LIMITS WOULD Boatwright is concerned about the windfall REPLACE TAX RATE CEILINGS of the assessed valuations, and that the amounts should be set by the percentage growth of population and the consumer price index. Motion to oppose AB 337 It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a resolution be brought back opposing this Bill. SB 143 (ROBERTI) Councilman Scott remarked that the problem BUSINESS INVENTORY with this Bill is the question of how this EXEMPTION INCREASED was to he made up in revenue. There was TO 100% not a strong "no" on this from the Committee - they felt there should be some specific dollars; given to the local govern- ment for the lost taxes. Motion to oppose SB 143 It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that a resolution be brought back opposing this Bill until such time as specific amounts are put into the Bill. SB 187 (ARNETT) Councilman Scott remarked that this Bill BULLETPROOF VESTS would require cities to make bulletproof vests available to law enforcement personnel while on duty. The Committee referred this to the Chief of Police for a report. AB 11 (MC ALISTER) This Bill was referred to the City Attorney EMINENT DOMAIN for report. AB 173 (MONTOYA) The Committee took no action on this Bill. TELEPHONE NUMBERS ON OFFICIAL LETTERHEAD City Council Meeting 10 January 28, 1975 BAYFRONT PLAN Councilman Hobel asked when the Council would get the final plans for the Bayfront develop- ment. Mayor ltamilton commented that the Port District would be Baking action on the Plan at its February 4, 197S meeting and Mr. Campbell would report to the Council that evening. Mr. Peterson, Director of Planning, explained that the staffs of both the Port District and the City have been working on the Plan. There have been some changes which are agreeable to both parties. Mayor Hamilton asked the Director to contact tile Port District as to when it will be considered before that body and then schedule a date for consideration by this Council. Councilman Scott felt it would be more appropriate if the Port District first voted on the Plan and then have this Council respond to that. Director of Redevelopment Operations Desrochers said the staff was taking the position that there was no major change in the Plan (in the northwest quadrant), and has indicated to the Port District that it is acceptable. BURGLARIES NEAR Councilman Hyde said he received a report COUNTRY CLUB LANE from a resident living on the east side of First Avenue between Country Club Lane and "L" Street that out of ten homes in that area, eight have been burglarized. Councilman Hyde ~equested that the staff look into the matter of providing a s~reet light in the alleyway in this area. The light is to be provided at City expense. Mayor Hamilton referred to the former ac- tion taken by the Council regarding lights in this area and asked the staff to report back on this next week. BONITA PLAZA SHOPPING CENTER Councilman Egdahl reported on the Board of Supervisors' meeting held today in which they reconsidered the grading permit for this shopping center. They were advised by their County Counsel that if they were to rescind their permit on the grading of the County property, that the party that has already begun grading would have vested interest and the County would be involved in a legal suit. City Council Meeting 11 January 28, 1975 On advice of their County Counsel, the Board voted to become a participant with the Sweetwater Valley Civic Association in a suit against National City on the grounds that the EIR was not handled in the proper way. WRITTEN COb~4UNICATIONS LETTER OF RESIGNATION Mr. Ernie Hayes has submitted his resigna- FROM ERNIE HAYES, tion from the Safety Commission stating SAFETY COmmISSION that due to personal commitments, he can no longer serve in this capacity. Accepted with regret It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the resignation be accepted with regret and a letter be sent to ~r. Hayes expressing the Council's appreciation for his services on this Commission. REQUEST FROM LEGISLATIVE The Legislative Action Committee of the ACTION CO~qlTTEE OF CHAb~ER Chamber has formed a subc6mmittee to in- OF CON~qERCE FOR INFORMATION vestigate the reasons why the City charges RELATIVE TO THE CITY'S a business license tax and what benefits BUSINESS LICENSE TAX this tax provides for those who pay it. They have requested information concerning the disbursement of the funds. City Manager Thomson referred to his letter sent to Mr. Rosenberger of this committee explaining the function and necessity of the business license tax. No action taken The Council took no action on this request. REQUEST FOR USE OF PROPERTY Mrs. Dorothy Slater, Art Mart Cl~airman for AT FOURTH AVENUE AND "F" the Chula Vista Art Guild requested per- STREET FOR ART MARTS mission to use the property at Fourth Avenue and "F" Street for seven weekend dates throughout the year for the purpose of holding Art Marts. City Manager ~omson noted that due to the scheduled Library construction, approval should be limited to just the March 8-9, 1975 date. He suggested an alternate site at the corner of ~lird Avenue and Parkway at Memorial Park. Recommendation accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously car- ried that the City Manager's recommendation be accepted. VERIFIED CLAIM FOR DAmaGES - Two verified claims for damages have been JAI~S BENNETT, 196 GUAVA filed on behalf of Mr. Bennett: AVENUE, CHULA VISTA (1) Zenith National Insurance in the amount of $500,000; (2) Glenn bi. Mitchell, Attorney for the Claimant in the amount of $2,000,000. City Council Meeting 12 January 28~ 1975 The alleged damage occured on October 19, 1974 at approximately 11:45 a.m. at the intersection of "C" Street and Fifth Avenue. An employee and representative of the City of Chula Vista advised employers of James Bennett that no motorcycle testing should be done on the street and should be done in the vacant field in question. The claim states that the representative of the City failed to advise or warn of the dangerous and hidden defects in the iacant field and thereby Mr. Bennett fell into a drainage ditch And was severely injured. Claims denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claims be denied and turned over to the City's insurance carrier for investigation. EXECUTIVE SESSION The Council recessed to Executive Session at 8:35 p.m. and the meeting reconvened at 8:50 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:50 p.m. to the meeting scheduled for Tuesday, February 4, 1975 at 7:30 p.m. Mayor Hamilton noted that the Council will be in attendance at the dinner meeting to be hosted by Supervisor Walsh tomorrow (January 29) at The Glenn at 5:30 p.m. and at the Board of Supervisors meeting to be held at Southwestern College tomorrow evening (January 29) at 7:30 p.m. C~ty Clerk C/