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HomeMy WebLinkAboutcc min 1974/10/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 1, 1974 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, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Councilmen absent: None Staff present: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Assistant City Attorney Beam, Director of Parks and Recreation Hall, Purchasing Agent Espinosa 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 Hyde, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of September 18 and 24, 1974 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mrs. Margaret Helton, CO~{MISSIONER member of the Human Relations Commission, as guest commissioner for this meeting. PRESENTATION OF FINANCIAL Mr. Gary Wappes, Administrator, presented the REPORT - OUR HOUSE quarterly financial report. The written re- port covered the activities of Our House, Inc., for the months of June, July and August 1974. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report be accepted. PROCLA~TION - RETINITIS Ms. Julia Groves, President, San Diego County PIGMENTOSA AWARENESS WEEK Chapter of the National Retinitis Pigmentosa Foundation, Inc., accepted the proclamation from Mayor Hamilton which declared the week of October 6 through 13, 1974 as Retinitis Pigmentosa Awareness Week. PROCLAMATION - P.T.A. Mayor Hamilton presented the proclamation MEMBERSHIP ENROLkM£NT WEEK declaring October 4 through 11, 1974, as P.T.A. Membership Enrollment Week in Chula Vista to Mrs. Decker, a member of the Clear- view Council. ORAL C0594UNICATIONS Kathryn Moore Mrs. Moore commented that the Council is now 1134 Tobias Drive faced with consideration of three major devel- opments: Bayfront, Center City Redevelopment, and the Rancho del Rey shopping center and housing development. She suggested that the City Council Meeting 2 October 1, 1974 Council form two new groups: (1) Architectural and Housing Review Board; (2) Cultural Planning Commission. Mrs. Moore spoke of the need for these two groups stating that cities should be planned for people and not "for the abominable vehicle." CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7474 - The improvements have been completed by the ACCEPTING PUBLIC IMPROVE~4ENTS subdivider, American Housing Guild, for this IN LARKHAVEN CHULA VISTA subdivision located south of East Orange Avenue SUBDIVISION, UNIT NO. 1 and west of Larkhaven Drive (10 lots). A final inspection was made on September 18, 1974 and all of the improvements have been completed to the satisfaction of the Public Works Director and in accordance with the re- quirements of the City. RESOLUTION NO. 7475 - The improvements have been completed by the ACCEPTING PUBLIC IMPROVEMENTS subdivider, American Housing Guild, for this IN LARKHAVEN CHULA VISTA subdivision located north and south of East SUBDIVISION, UNIT NO. 2 Orange Avenue and east of Larkhaven Drive. A final inspection was made on September 18, 1974 and all of the improvements have been completed to the satisfaction of the Public Works Direc- tor and in accordance with the requirements of the City. RESOLUTION NO. 7476 - The Proposition will provide $50 million in SUPPORTING PROPOSITION 1 ON low-cost State loans to those districts which THE NOVEMBER 5 STATEWIDE must abandon or rebuild school buildings that BALLOT - THE SCHOOL EARTH- would be unsafe in future earthquakes. QUAKE SAFETY AND BUILDING AID BOND ISSUE (End of Consent Calendar) RESOLUTION NO. 7477 - The following bids were received on September ACCEPTING BIDS AND AWARDING 19, 1974: CONTRACT FOR THE ASPHALT CONCRETE OVERLAY ON R.E. Hazard Contracting Co. $66,150.00 TELEGRAPH CANYON ROAD AND V.R. Dennis Construction Co. 66,675.00 ON.OTAY LAKES ROAD IN THE Daley Corporation 69,562.50 CItY OF CHULA VISTA Griffith Company 75,075.00 It was recommended that the project be awarded to R. E. Hazard, the low bidder; the Council authorize transfer of $16,270.00 from unappro- priated Gas Tax balance to Project Account 2g-6300-215; Council authorize expenditure of $72,770.00 for overlay of Telegraph Canyon Road and Otay Lakes Road. 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: City Council Meeting 3 October 1, 1974 AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 7478 - The following bids were received on September ACCEPTING BIDS AND AWARDING 19, 1974: CONTRACT FOR THE MODIFICATION OF SIGNALS AT SECOND AVENUE Perry Electric $28,800.00 AND "E" STREET AND INSTAL- Arrow Electric 25,120.00 LATION OF SIGNALS AT HILLTOP DRIVE AND NAPLES It was recommended that the contract be awarded to the low bidder, Arrow Electric, and Council authorize an additional $4,640 for this project (10% contingency and increase of $S,000 in cost of labor and materials between estimates). 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, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 7479 - The following bids were received on September ACCEPTING BIDS AND AWARDING 13, 1974 for 25,000 City calendars: CONTRACT FOR CITY CALENDARS Neyenesch Printers, Inc. $4,785.00 Chula Vista Star News 6,200.00 Conklin Litho 6,500.00 It was recommended that the contract be awarded to Neyenesch Printers, the low bidder, in the amount of $5,072.10 ($4,785.00 plus $287.10 sales tax). In answer to Councilman Hyde's query, Acting City Manager Bourcier explained that the in- dividual department heads will write out the rough text which will then be set by the printer who will do the actual layout. 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 ORDINANCE NO. 1573 - Attorney Beam referred to his written report AMENDING CHAPTER 1, ARTICLE 7 to the Council explaining that the ordinance OF THE CITY CODE BY ADDING establishes the Council's power to either THERETO A NEW SECTION 1.720 create a new Historical Site Board or use the ESTABLISHING A HISTORICAL present members of the Environmental Control SITE BOARD - FIRST READING Commission as the Site Board; the Board shall maintain a current listing of all buildings, sites and structures determined to be historic City Council Meeting 4 October 1, 1974 sites; on a designated site, any request to build, demolish or alter the site must be transmitted to the Historical Site Board for approval. Amendments to the Ordinance Attorney Beam asked that the following amend- ments be made: Under "D-3" change the wording: "...of the fact that his property is included in the list..." to "...of the fact that his property under consideration for inclusion in the list..." Also change the wording of the last sentence of this paragraph: "...after the property is included in the list..," to "...after the property ~s considered for inclusion in the list in order for a person to appear and protest such inclusion or at the time..." Council discussion Discussion ensued as to the rights of the property owner to appear either before the Board or the Council to register his objection in having his property included in this list. Attorney Beam stated that this right is implied in the State and Federal Constitutions: however, if the Council feels, as a policy matter, they want it in the ordinance, he can put it in so that it would be explicit. Margaret Helton Mrs. Helton commented that the State has strict Guest Commissioner rulings as to what constitutes a historical site. She added that she was concerned over the statement in "D-l" of the proposed ordinance which states that a list shall be maintained of all historical sites. She wondered what would happen if sometime in the future some structure may be designated as a historical site. Mayor Hamilton noted that the ordinance would not preclude this -- the ordinance is an on- going one. General Plan Attorney Beam noted that Governor Reagan had signed into law this week a measure which pro- vides for a historical site element to the General Plan. At such time as the staff con- siders this in conjunction with Planning, the Council may wish to amend this ordinance or even repeal it. Ordinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on first reading with the following amendments and that reading of the text be waived by unanimous consent: D. Duties and Functions. The Board shall: 3. The Historical Site Board shall also notify the owner of each building, structure or other site, cultural or historic, in writing, of the fact that his property is under consideration for inclusion in the list, and shall give such person written notice of any further action which it takes with respect to such property. City Council Meeting 5 October 1, 1974 For purposes of this section, the owner of such property shall be deemed to be the per- son appearing as the owner of such property on the last equalized assessment roi1 of the County of San Diego. Such notice shall be mailed to the address shown on the said assess- ment roll as soon as practicable after the property is considered for inclusion in the list in order for a person to appear and pro- test inclusion or at the time the Historical Site Board takes further action regarding it. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1571 - After holding a public hearing on September 24, AMENDING SECTIONS 33.S08C 1974, the ordinance was placed on first read- AND 33.509C OF CHAPTER 33 lng. It is now before the Council for second OF THE CHULA VISTA CITY CODE reading and adoption. TO PERMIT RESIDENTIAL USE IN THE C-N AND C-C ZONES - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1572 - The ordinance prohibits smoking in any theatre, AMENDING SECTIONS 20.45, public bus which is engaged in the service of 20.46 AND 20.47 OF transporting passengers within the City, or CHAPTER 20 OF THE CITY CODE elevators. It was placed on first reading at ALL RELATING TO THE PROHIBI- the meeting of September 24, 1974. TION OF SMOKING IN CERTAIN AREAS OF THE CITY - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None City Council Meeting 6 October 1, 1974 TELEPHONE AT "J" STREET Acting City Manager Bourcier reported that the MARINA Pert District has advised his office that the materials for this installation will be here at the end of this week and Pacific Telephone will have the phone operational at the end of this month. STATUS REPORT ON FREE Director of Parks and Recreation Hall reported SENIOR CITIZENS SWIM that an evaluation of the Senior Citizen Free PROGRAM Swim Program held this past summer at both the Loma Verde and Park Way Pools proved highly successful. It was his recommendation that the program be continued indefinitely. Recommendation accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. INTERIM REPORT ON JOINING Director of Public Works Cole reported that the SAN DIEGO COUNTY FLOOD District is in the process of retaining a con- CONTROL DISTRICT sultant to study political, economic and legal concerns relative to flood control and drainage. A primary objective of the study will be to develop and assess the advantages and dis- advantages to the cities in the County of San Diego in joining the Flood Control District. Mr. Cole recommended postponement of a staff study and determination relative to joining the District pending completion of the com- prehensive study being undertaken by the Flood Control District. Report accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. RECO~94ENDATIONS BY HU~ The Human Relations Commission made the fol- RELATIONS COMMISSION lowing recommendations: 1. Commend the Greater Western Real Estate Trust and their attorney, Clifton Reed, for their efforts in providing low-cost housing within the City of Chula Vista "in good faith" (Jay L Jay Apartments). 2. Request that the Council reaffirm its previous positive attitude to become a part of the San Diego County Housing Authority with special reference at this time to the activi- ties that have currently arisen in regard to leased housing. City Attorney's statement City Attorney Lindberg stated that the tenta- regarding Jay L Jay Apartments tive map was withdrawn last week and will be coming back to the Council at the request of the applicant at such time as their financial considerations have been resolved. Recommendations continued It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the recommendation be continued until such time as this issue again comes before the Council. City Council Meeting 7 October 1, 1974 Commissioner Rudolph's Councilman Hyde referred to Planning Commis- report sioner Rudolph's plan calling for a Coopera- tive to implement the possible acquisition of the Jay L Jay properties in such a manner that people with low income can acquire ownership. Mrs. Helton remarked that the Human Relations Commission has received a copy of this report. Housing Authority Mrs. Helton explained that this matter came up four years ago and at that time the Council preferred to form its own Housing Authority. Now with 23S Funds available, along with the Federal legislation making leased-housing funds obtainable, the Human Relations Commission is again recommending that the City join the County Housing Authority. Council discussion followed as to the Council's previous action in not joining the San Diego City Housing Authority. Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to staff for comments as to the advantages and disadvantages, pros and cons of either alternative, of joining San Diego or the City forming its own Housing Authority. SIGNS ALONG "J" STREET Councilman Scott discussed the "J" Street widening and undergrounding of utilities. He noted that signs have been installed in this area stating "No stopping at any time" which signs are quite visible and go against every- thing the Council has been trying to accom- plish for this particular project. Referred to staff It wa~ moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred to the staff for a report back to the City Council. Councilman Scott invited the other Councilmen to tour this area and take a look at these signs. BUSINESS LITTER Councilmen Scott commented that during the recent tour of the City (September 28), the Councilmen became aware of the litter problems created by a number of the businesses in the City. He felt something should be done -- perhaps placing an additional fee for those litter-generating facilities. Referred to staff It wa5 moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff look into the possibility of bring- ing back an ordinance that would take care of the problem of litter-generating businesses so that there can be a much cleaner and whole- some community. City Council Meeting 8 October 1, 1974 TOUR OF THE CITY Councilman Scott remarked that the City tour taken on September 28 was a very good one. He suggested that for the next two planned tours, the citizens in the community be invited -- this would be done on a first-come, first- reservation type basis. Interested people to be It was moved by Councilman Scott, seconded by invited on tour Councilman Hyde and unanimously carried that steps be taken to invite those people inter- ested in taking the tour, and then get the size vehicle which would be necessary to accom- modate the number of people that might want to go. SACRAMENTO TRIP In answer to Councilman Hobel's inquiry, Acting City Manager Bourcier stated that Mr. Jack Henthorn will be making the trip to Sacramento on October 2, 1974. CPO GENERAL ASSEMBLY Councilman Hobel reminded the Council of the MEETING General Assembly meeting to be held on October 7, 1974 at the Community Concourse at 2:00 p.m. regarding the proposed relocation of the airport. ACKNOWLEDGEMENT OF MRS. Councilman Hyde acknowledged the comments made MOORE'S REMARKS by Mrs. Moore this evening to place some empha- sis on architectural quality in the community and the desirability of having something that would stimulate cultural events and activities. MEETING WITH CITY COUNCIL Councilman Hyde spoke of his concern in having OF NATIONAL CITY two regional shopping centers within a 2-mile radius and of National City's proposal to place its shopping center on a golf course. It was moved by Councilman Hyde and seconded by Councilman Egdahl that the City Council of Chula Vista propose that a meeting be held of representatives of the City Councils of Chula Vista and National City and Supervisor Walsh, representing the County Board of Supervisors, to consider the following proposals: 1. That the cities of National City and Chula Vista jointly recommend to the Board of Super- visors of San Diego County that the County purchase the Bonita Golf Course to become a part of the Sweetwater Regional Park. 2. That the City of National City agree to modify its General Plan to delete the regional shopping center planned to be located on the site of the present Bonita Golf Course. 3. That the cities of Chula Vista and National City enter into an agreement to share the sales tax revenues which may be generated from any regional shopping center which may be built at the interchange of Interstate 805 and "H" Street in Chula Vista. City Council Meeting 9 October 1, 1974 4. That the cities of Chula Vista and National City and the County of San Diego consider any other appropriate matter which will help to facilitate agreement on the above proposal. Council discussion Councilman Egdahl noted that, at this point, the Council has no idea on how the proposed regional shopping center (I-805 and "H" Street) will be determined. This will be before the Council for consideration on Wednesday, October 2, 1974. Councilman Hobel expressed his concern over item #3 declaring it should not, at this time, he part of this motion. He noted the front- end costs in developing a regional shopping center and questioned who pays for this -- and who pays for the services that must be provided for the center? Mayor Hamilton questioned the need of having Supervisor Walsh present. He felt the other members of the Board should be invited -- these are the people that need to be convinced that the golf course should remain open space. Legality of motion Councilman Hyde remarked that he checked with the City Attorney as to the legality of sharing tax revenues. This is possible between com- munities with the approval of the State Legis- lature and subject to a general election of the communities involved. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hamilton Noes: Councilman Hobel Absent: None CITY TOUR Councilman Hyde and Councilman Egdahl ex- pressed their appreciation for the City tour indicating it was quite informative. COASTAL CO~ISSION Councilman Egdahl said he was contacted by a REQUIREMENT citizen who just when through a Plan Check and obtained a building permit from the City. Five days after getting the building permit this rcsidont was informed by the Planning Department that because his project was within a certain distance of the mean high-tide line he would need to go to the Regional Coastal Commission for approval. Councilman Egdahl felt that this citizen should have been advised at the onset that this would be coming. Director of Public Works Cole explained that the Coastal Commission will not consider a project unless a building permit has been issued by the City. It was his understanding that the Building Department stamps the plans "Coastal Commission permit required." City Council Meeting 10 October 1, 1974 Councilman Egdahl wondered if it was possible that the money paid for the building permit be refundable if the project is turned down by the Coastal Commission. City Attorney Lindberg stated that the permit fee is not refundable -- it is used administra- tively for Plan Checks and all the rest. Referred to staff It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the staff be directed to report back to the City Council as to how this particular conflict or matter can best be handled by the City. Councilman Egdahl indicated that this might mean drawing up some resolutions requesting some different actions by the Coastal Commis- sion or procedural matters within the City. CARE OF THE ELDERLY Councilman Egdahl commented on his visits to hospitals and convalescent homes for the elderly. He has frequently come across situa- tions whereby the staff in these facilities would explain to him that certain patients did not get proper care that day due to a shortage of staff personnel. Motion for resolution It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that a resolution be prepared from the City Council to the State Legislators asking them (1) to take action requiring licensed care facilities for the elderly to charge a fee that is in some way related to and prorated on the basis of the number of days per month that they have a full staff on duty, and (2) that some full-staff standards be estab- lished for such facilities (in whatever way they might be established). Margaret Helton Mrs. Helton commented that the Comprehensive Guest Commissioner Health Planning Organization holds public hearings on any applications for new facili- ties or licensed beds added to other facili- ties. Staff delineations are laid out and nursing home administrators have set guide- lines for the staff needed to take care of the number of patients in these facilities. WRITTEN CO~UNICATIONS Request of County Board of The Board of Supervisors have sent a tally Supervisors for Council sheet which they are asking the Council to input in 1975-76 budget fill out prior to October 25, 1974, express- ing Council's opinions on the relative desired level of services and importance of the County programs. These tally sheets will give the Supervisors some input in the preparation of the 1975-76 budget. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to the City Manager and that he advise the City Council as to the appropriate response to make to this request. City Council Meeting 11 October 1, 1974 Verified claim for damages - Mr. Hansen filed a verified claim for damages Henning Hansen in the amount of $791.40 stating that his 1128 Hilltop Drive driveway has been badly damaged by large roots from the City trees which has caused the curb to be lifted approximately 3 inches making it a very dangerous spot for passing pedestrians. 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 investigation. Request of Concordia Mr. Kenneth J. Norton, Vice President of Lutheran Church and Junior Center for Lutheran Education, has requested High School for use of Park the use of the Park Way Gym along with a Way Gym waiver of the fees to stage a benefit concert on Saturday, October 26 from 7:00 p.m. to 9:00 p.m. A professional entertainer, Paul Hill, will perform and the proceeds of the concert will help raise funds to defray the cost of the feasibility study for the Center, a nonprofit educational organization. Request approved It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the request be approved. Matter referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff look into the possibility of coming up with standards of waiving fees for the various public facilities in the City. ALTERNATE RECO~ENDATION In answer to Councilman Hyde's question, FOR AIRPORT LOCATION Councilman Hobel asked that this matter be placed on the Council agenda on the Tuesday following the Monday General Assembly (October 8, 1974). ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:30 p.m. to the meeting scheduled for Wednesday, October 2, 1974 at 7:00 p.m.