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HomeMy WebLinkAboutcc min 1974/05/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday May 14, 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, Chula Vista, with the following Councilmen present: Councilmen Hobel, Hamilton, Hyde, Egdahl Councilmen absent: Councilman Scott Staff present: City Manager Thomson, City Attorney Lindberg, Deputy City Attorney Beam, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, City Librarian Levine 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 Egdahl and unanimously carried that the minutes of the meetings of May 2 and 7, 1974 be approved, copies having been sent to each Councilman. PRESENTATION ON CABLE Mr. Harold Horn, Regional Director of the TELEVISION INFORMATION Cable Television Information Center in Washington, D. C. discussed activities relative to Cable Television. In answer to Council inquiries, Mr. Horn responded with the following: Exclusive franchises The practice, by ordinance, in cities is v. Non-Exclusive to encourage non-exclusivity; however, it is usually impossible for two or more systems to work side by side and all get adequate financial returns on investments. It is typical that in small communities only one system exists. Funding The Cable Television Information Center is funded by the Ford Foundation. No Federal grant money has been received. There is an application pending for grant money with the National Science Foundation to do some exploratory work on two-way cable television. Availability of Eco- Economic models are only as good as the nomic Studies input provided to formulate them. They would be available at roughly the cost of running the computer. National trend of The Federal Communications Commission (FCC) Pay TV in its recent ruling has preempted this area entirely from local government jurisdiction -- cities' governing bodies will not be in a position to regulate the rates of Pay TV companies. (Mr. Horn commented that he believes FCC's rationale for this is that the newness of Pay Cable TV could be easily destroyed with overzealousness in terms of regulation. FCC wants to observe the economic future of this business. City Council Meeting -2- May 14, 1974 Subscribers Nationwide, there have been close to 50,000 subscriptions developed by companies moving into this field. Programming Programming generally consists of such things as movies and sports, available at a monthly rate. Pay Cable TV capabilities could be expanded to allow people to broaden their education or earn degrees through Pay TV. Future of Pay TV Congress has legislation that would perhaps control Pay TV; the FCC is entertaining additional hearings on Pay TV; some people in the broadcasting industry are trying to defeat Pay TV. "Yardsticks" in There will be a publication available to determining franchisee cities in approximately two months, which consists of a series of guidelines cities may use in receiving bids and proposals. Determination of regular Cities are preempted by the FCC in this franchise fees area as to what they may charge. Cities may charge 3% of a franchise fee and that's of gross subscriber revenues - not including all the revenue base an operator can get Pay TV, advertising revenues). It could go to S% if the city demonstrates a regula- tory program that the FCC would accept as reasonable. Pay TV franchise fee FCC has set rates as to what may be charged subscribers. They have not addressed them- selves to a business license fee or sales tax charge cities may charge. There is interest on the part of FCC to examine this. Typically, Pay TV is put over a lease channel. Business license Deputy City Attorney Beam remarked that under required under present the present ordinance this service would be ordinance required to obtain a business license. City Attorney Lindberg added that the City does have the right to ievy a business license fee -- other cities have collected license fees from Pay TV already. The issue here is that Chula Vista's proposal is to base the fee on 5% gross receipts. Mr. Lindberg said this had been addressed to FCC~ but to date no response has been received. Assurance of obtaining Mayor Hamilton inquired of Mr. Horn how cities all Cable TV services can be assured of getting all the services available through cable TV, such as local originating programs. Mr. Horn explained that Chula Vista's system is a "grandfather system" in that it existed prior to March 1972. Therefore, it will have until March of 1977 to conform with the rules adopted for the top one hundred market. City Council Meeting -3- May 14, 1974 Appropriate length of The FCC, through public hearings to be held time for franchise agreement this summer, is considering setting a minimum length for a franchise agreement of seven to ten years and a maximum of possibly 25 years. PROCLAMATION FOR Mayor Hamilton presented Director of Public "NATIONAL PUBLIC WORKS Works Cole with a proclamation proclaiming WEEK" IN THE CITY OF the week of May 19-25, 1974 as "National CHULA VISTA Public Works Week" in the City of Chula Vista. ORAL COmmUNICATIONS George Sayer Mr. Sayer stated he was a member of an organiza- 621 Hilltop Drive tion known as "Common Cause" and asked that the Chula Vista City Council express support of Proposition 9 [Political Reform Act of California). Motion to bring back It was moved by Mayor Hamilton and seconded comments on Proposition 9 by Councilman Egdahl that the City Attorney bring back comments on Proposition 9 at the next Council meeting so the Council can con- sider endorsing this proposition. Deputy City Attorney Beam stated he h~d made arrangements to meet with a group which is a proponent of the proposition for discussion. Motion carried The motion to bring back comments on Proposi- tion 9 at the next regular Council meeting carried unanimously. REPORT ON ACQUISITION City Manager Thomson reported that he had OF OLD CHAMBER OF negotiated with the Chamber of Commerce on CO~ERCE BUILDING City acquisition of its former offices located on City land at the corner of Fourth Avenue and F Street. He proposed the following conditions of acquisition: 1. Immediate payment of $8,000. If the City operationally utilizes the facility beyond five years after its acquisition, the City will provide an additional and final payment of $2,000. If the City does not operationally utilize the facil- ity more than five years after acquisition, the original $8,000 payment is then the final payment; 2. The Chamber of Commerce building will become the City's, as is, which includes all fixtures such as the air conditioning unit; 3. City acquisition will immediately terminate the lease for this structure between the City and the Chamber of Commerce. Mr. Thomson added that the Chamber building could be used for the following: 1. To house offices of Fire Administration; City Council Meeting -4- May 14, 1974 2. Old Chamber conference room to used for fire classroom training operations; Civil Service examination room, regional fire zone meetings; 3. Relocation of Civil Disaster coordination materials. His report stated that the $8,000 payment is to come from the unappropriated reserve of the General Fund. Motion to accept report It was moved by Councilman Egdahl and seconded by Councilman Hyde that the report of the City Manager be received and accepted and that an agreement be prepared for Council action to formalize this. Justification for City Manager Thomson explained the justification $8,000 $2,000 break for the $8,000-$2,000 break -- if the building is used for over five years, the Chamber would receive the other $2,000. Motion carried The motion to accept the report and bring back an agreement to formalize the action carried unanimously. REPORT ON PROGRESS Director of Public Works Cole reported on a OF NEW LIBRARY meeting held on May 6, 1974 with City Librarian Levine, Assistant Librarian Jamison, Library Consultant Holt, Architect Williamson and Building Inspector Gingerich. Subjects discussed at that meeting were enlargement of the custodial area in base- ment to provide for small shop area; (2) changes in circulation area; (3) type of tile utilized in entry areas and in front of fireplaces; [4) locking fire screens and wood box at fireplaces; (5) revisions to staff area on lower floor; (6) ingress and egress from delivery area; (7) proceeding with plan for 1S0-seat auditorium. Motion to accept It was moved by Councilman Hobel and seconded report by Councilman Hyde that the report be accepted. Recessed area around Councilman Hobel inquired as to the status of fireplaces study made on having recessed or sunken areas around the fireplaces. Director of Public Works Cole stated he would check into this and report to Council. Motion carried The motion to accept the report carried unan- imously . Interior designer It was moved by Councilman Egdahl, seconded by to be retained by Councilman Hyde and unanimously carried that: 1. An interior design consultant be retained for the library project; 2. The fee would approximate $15,000; City Council Meeting -5- May 14, 1974 3. Such a consultant would work under the architect and in conjunction with him; 4. The selection of this interior design consultant would be done by a screening committee composed of the City Manager, Director of Public Works, City Librarian, a member of the Library Board, Mr. Holt and the architect. City Manager Thomson said he concurred with the proposal. REPORT ON POSSIBLE SALE On March 19, 1974, Council directed staff to OF CITY-OWNED PROPERTY investigate the possibility of selling surplus LOCATED WEST OF OLEANDER City lands located west of Oleander Avenue in AVENUE IN THE VICINITY the vicinity of the intersection of the exten- OF THE EXTENSION OF sion of Palomar Street. PALOMAR STREET Director of Planning Peterson reported that the City owns a 5.3 acre parcel of land at the northwest corner of the intersection of the extensions of Palomar Street and Oleander Avenue and a 3.7-acre parcel in the southwest corner of that intersection. Another parcel totalling 5.7 acres is owned by the City and is located south of the 3.7-acre parcel. It, however, is dedicated as permanent open space and therefore is not available for sale. Mr. Peterson recommended that the City secure bids for each side of Palomar Street west of Oleander Avenue (the 3.7 and 5.3 acre sites). Motion to accept It was moved by Councilman Hyde and seconded report by Councilman Egdahl that the report of the Director of Planning be accepted. Coordination of Councilman Egdahl asked how projects could be projects coordinated if, perhaps, another developer were to outbid American Housing Guild (the existing developer in the area). Discussion ensued on bidding procedure and advantages in purchasing the land by the developer because of proximity to existing projects. Motion carried The motion to accept the report carried unan- imously. SAFETY CO~qlSSION The Safety Commission recommends that the RECOb~qENDATION CON- section of the Warrant System for four-way CERNING WARRANT SYSTEM stop control at intersections dealing with unusual conditions be changed to delete the words, '~ school location in itself is not sufficient justification for a four-Way stop installation." The Commission recommends, instead, adding the words, "When an elementary school is located at or near an intersection so as to require children to cross a through street in order to get to schools that a condition requiring a four-way stop is deemed to exist." City Council Meeting -6- May 14, 1974 Joseph Dordahl Mr. Dordahl stated he, as the Chairman, was 710 Gretchen Road speaking on behalf of the Safety Commission. Chula Vista He explained the Safety Commission's procedure in reviewing the warrants and reasons for looking beyond the present Warrant System. This came as a request of people at Palomar School. The intersection of prime concern is that of Palomar and Melrose, an intersec- tion that can not qualify for a four-way stop using the present Warrant System. He explained that children must cross Palomar to get to Palomar School. Definition of "near" Discussion ensued on what definition would be an intersection applied to "near" an intersection. Mr. Dordahl commented that it was by decision not to define it -- to him it would mean within a block. Director of Public Works Cole stated his concern was that this was indeterminate. He added that most elementary schools with nearby through streets to cross have safety patrols. Data being gathered Mr. Cole remarked that the Traffic Engineer is in the process of gathering data from various cities to study the warrant systems and see if ours should be revised. The present system is dated 1963. Olu Sawyerr Mr. Sawyerr stated there is nothing unique Traffic Engineer about an intersection close to an elementary school -- the prime concern is the type of traffic generated in the area. He remarked that Chula Vista's Warrant System is one of the most liberal systems in the State. In response to Council inquiries, Mr. Sawyerr stated that stop signs would have to be installed at approximately 20 intersections if the Safety Commission's recommendation were to be adopted. Mayor Hamilton commented that if the prevailing conditions (added parks, after-school events, etc.) have increased foot traffic around an area in which a school is located, then perhaps the situation should be looked at with these conditions kept in mind as well. Safety Commission Mr. Dordahl, Chairman, commented that there recommendation relative has been no official action by the Safety to intersection of Commission on this particular intersection; Palomar and Melrose the Commission was trying to avoid having to deal with each intersection, but rather consider a condition which might exist in the interest of safety in the school system through- out the City. Motion for Warrant System It was moved by Mayor Hamilton and seconded study to be referred to by Councilman Hyde that at the time the Traffic Safety Commission; inter- Engineer has his revised Warrant System study section of Palomar and ready, that he present it to the Safety Commie- Melrose to be studied sion for their comments and that if the inter- by Safety Commission section of Palomar and Melrose is a problem, the Safety Commission study it separately and make recommendations to the Council. City Council Meeting -7- May 14, 1974 Discussion followed on the recommendations of the Public Works Department and the Safety Com- mission, as well as when the Safety Commission could present recommendations to Council. Motion withdrawn Mayor Hamilton withdrew his motion; Councilman Hyde withdrew 'his second. Council discussed separating the original motion made by Mayor Hamilton into two parts. Warrant System study It was moved by Mayor Hamilton, seconded by to be referred to Safety Councilman Hyde and unanimously carried that Commission at the time the Traffic Engineer has his revised Warrant System study ready, that he present it to the Safety Commission for their comments. Traffic Engineer Sawyerr stated this could be presented to the Safety Commission in about three to four weeks. Motion for installation It was moved by Councilman Hobel that staff of four-way stop at be directed to install four-way stops at the intersection of Palomar intersection of Palomar and Melrose. and Melrose Motion died The motion died for lack of second. Motion for Safety It was moved by Councilman Hyde that the Commission recommendations Safety Commission be requested to make recom- mendations to the City Council with regard to a four-way stop at the intersection of Melrose and Palomar Street after their next regular meeting. Motion died The motion died for lack of second. Councilman Egdahl commented that it appeared to be the Safety Commission's intent not to make specific recommendations in regard to this particular intersection, but instead to address itself to the Warrant System in general. The recommendation on that system will include a recommendation, by implication if nothing else, of what happens at Palomar and Melrose. SAFETY CO~ISSION STATUS The Safety Commission continued to a future REPORT ON CURBSIDE PARKING meeting the Council referral concerning curb- AT THE CHULA VISTA SHOPPING side parking at the Chula Vista Shopping CENTER Center and this information was transmitted to Council. RECESS A recess was called at 8:51 p.m. and the meet- ing reconvened at 9:05 p.m. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the "Consent Calendar" be approved and adopted. City Council Meeting -8- May 14, 1974 LIBRARY BOARD OF TRUSTEES The Library Board of Trustess requested REQUEST FOR PERMISSION TO permission to transfer funds in the amount TRANSFER FUNDS WITHIN THE of $20.00 from within their 1973-74 budget 1973-74 LIBRARY BOARD BUDGET to cover the increase in membership dues for the California Library Association. RESOLUTION NO. 7301 - The contract work for the alteration and ACCEPTING PUBLIC IMPROVE- modification of the repair building and MENTS ALTERATION AND sweeper shed, Chula Vista Public Works Center, MODIFICATION OF THE REPAIR 707 "F" Street, has been completed by the BUILDING AND SWEEPER SHED, Contractor, Leeper Construction Company 707 "F" STREET in accordance with the contract agreement. All public improvements have been completed. RESOLUTION NO. 7302 - The improvements in Southwestern College APPROVING AND ACCEPTING Estates Unit No. 6, a subdivision consisting PUBLIC IMPROVEMENTS IN of 75 units, have been completed by the sub- THAT CERTAIN SUBDIVISION divider, Bollenbacker and Kelton, in accordance KNOWN AND DESIGNATED AS with the original agreement. Ail public SOUTHWESTERN COLLEGE improvements in the subdivision have been ESTATES UNIT NO. 6 completed. RESOLUTION NO. 7303 - This resolution provides that Schedule II of ESTABLISHING BOULEVARD the Traffic Regulations be amended to include STOP IN THE CITY OF the following: CHULA VISTA Intersection Traffic Stopped On # of Signs Oleander and Rivera Court 1 Rivera Court (END OF CONSENT CALENDAR) Based on City Council action at its meeting of RESOLUTION NO. 7504 - May 3, 197~,. this re~olution appropriates PROVIDING FOR THE SPECIAL $67,705 fro~i the unappropr~t~dbalance of APPROPRIATION OF FUNDS FOR ~ur Federal Revenue Sharing funds. This REVENUE SHARING EXPENDITURES expenditure is to provide funding for items approved by Council. Object account distribu- tion of these funds will be as follows: 49-8900-5563 - $ 4,800 49-8900-5565 7,100 49-8900-5566 - 800 49-8900-5568 - 55,005 TOTAL - $67,708 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Scott City Council Meeting -9- May 14, 1974 RESOLUTION NO. 7305 - City Manager Thomson reported that the Reloca- APPROVING AGREEMENT tion Assistance Act, generally stated, requires BETWEEN THE CITY OF public entities to provide relocation advisory CHULA VISTA AND THE assistance to any person, business or farm CITY OF SAN DIEGO operation displaced because of the purchase FOR THE PROVISION of real property by that public entity for OF RELOCATION ASSIST- public use. Mr. Thomson recommended that in ANCE view of the City's limited staff and lack of relocation expertise, an agreement with the City of San Diego for this service be approved. This resolution provides that San Diego be reimbursed on an expense-incurred basis. Hold harmless clause Councilman Hyde asked if it would be possible part of sale agreement to negotiate with a prospective seller through a part of the sale agreement a hold harmless clause with regard to cost for relocation assistance. Deputy City Attorney Beam stated he would check into this with Attorney Clifton Reed and Community Development Coordinator Henthorn. 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, Hobel, Hamilton Noes: None Absent: Councilman Scott ORDINANCE NO. 1532 - On May 7, 1974, Council determined to rezone AMENDING ZONING MAP OR the subject property from R-3 to C-O-P. MAPS ESTABLISHED BY Accomplishment of the action requires introduc- SECTION 33.401 OF THE tion of an ordinance. CHULA VISTA CITY CODE, REZONING THAT CERTAIN PROPERTY LOCATED AT 396 DEL MAR AVENUE AND THE SOUTHERLY ADJACEN~F LOT FROM R-3 TO C-O-P - First reading Ordinance placed on It was moved by Councilman Hyde that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the foiIowing vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott SANPAT HEARINGS Mayor Hamilton commented on a recent brochure sent out by the Comprehensive Planning Organiza- tion on hearings by SANPAT (San Diego Plan for Air Transportation) and that there appeared to be no hearing scheduled for Southwestern College as had been hoped for. City Council Meeting -10- May 14, 1974 Conflict noted Councilman Hobel noted that the meeting was moved due to a conflict in scheduling. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the Council recess to an Executive Session at the close of the meeting for personnel and pending litigation reasons. SAFETY AWARENESS MONTH Mayor Hamilton noted a letter received from the office of Traffic Safety which called each city's attention to this month as "Safety Awareness Month." SANPAT HEARINGS Councilman Hobel noted that A.Y. Casillas of the Chula Vista Elementary Board will be on the hearing committee as a representative of the South Bay. SAN DIEGO TRANSIT Councilman Hobel mentioned the fact that he "SAVER PASS" has been riding the buses in Chula Vista and has noted how often the "saver pass" is used. He asked that the City Manager check to see if any portion of that revenue is being received from San Diego Transit. He added that perhaps Aztec Bus Lines could provide the City with a figure as to how many times they honor these passes. MAJOR AIRPORT AT Councilman Hyde remarked that it would be BROWN FIELD helpful if staff could provide the Council with their recommendations on Brown Field as a major airport by the second week in June. City Manager Thomson stated he could advise Council on the status of this next week. REQUEST FOR PERMISSION Councilman Hyde requested permission to be TO BE ABSENT FROM JUNE absent from the regularly scheduled Council 25 AND JULY 2 COUNCIL meetings of June 25 and July 2, as he is M~ETINGS planning a vacation at that time. Request granted It was moved by Councilman Egdahl, seconded by Councilman Hobel that permission be granted Councilman Hyde for this request. Motion carried Motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott Abstain: Councilman Hyde ENERGY RESEARCH CENTER Councilman Egdahl inquired as to the status of the National Energy Research Center as proposed by the Bicentennial Committee. Mayor Hamilton indicated the Bicentennial Committee would have a report to present City Council Meeting -11- May 14, 1974 LEAGUE OF CALIFORNIA Councilman Hobel noted the League of California CITIES DINNER MEETING Cities dinner to be held ~n Vista on May 23rd, and encouraged members of the Council and staff to attend. WRITTEN COMiVRINICATIONS CORRESPONDENCE FROM Mr. Sidney Cornell, Chairman of the Bicentennial BICENTENNIAL CO~ITTEE Committee, has written to the Council of uses REQUESTING PERMISSION recommended by that committee for the old TO USE THE OLD CHAMBER Chamber of Commerce building, such as to hold OF CO~ERCE BUILDING public meetings relative to the Bicentennial Celebration. They have recommended it be used as a "Spirit of Chula Vista" building, in which could be displayed plans, and programs related to the Bicentennial celebration as well as artifacts and photographs of the past; the building could also be used for public meetings as those of the Bicentennial Committee as well a center for City-wide events such as the Fiesta de la Luna. City MamgerThomson recommended that, in view of the recommendation approved by Council regarding use of this building, this request not be approved. Request denied It was moved by Councilman Hobel,seconded by Councilman Egdahl and unanimously carried that the request be denied. DIAMOND CAB COMPANY'S Diamond Cab Company has requested a proposal PROPOSAL FOR A "DIAL- for a "Dial-a-Ride" low-cost public transporta- A-RIDE" SYSTEM IN tion system within the City limits of Chula CHULA VISTA Vista. Referred to City It was moved by Councilman Hyde, seconded by Manager Councilman Hobel, and unanimously carried that this matter be referred to the City Manager to be included as part of the Budget review. ADJOURNMENT TO REDELOP- Mayor Hamilton adjourned the meeting at 9:27 p.m. MBNT AGENCY MEETING to the Redevelopment meeting immediately follow- ing the Council meeting. COUNCIL MEETING The regular Council meeting reconvened at the RECONVENED close of the Redevelopment Agency meeting at 9:29 p.m. EXECUTIVE SESSION The Council recessed to Executive Session at 9:29 p.m. and the meeting reconvened at 9:S9 p.m. ADJOURNMENT Mayor Hamilt on adjourned the meeting at 10: O0 p.m. to the moeting scheduled for Wednesday, May 15, 1974, at ?:00 p.m. (budget deliberations). Deputy City Clerk