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HomeMy WebLinkAboutcc min 1973/07/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday July 10, 1973 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, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hyde, Egdahl Councilmen absent: Mayor Hamilton Also present: Acting City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Peterson, Director of Personnel McCabe, Director of Parks and Recreation Hall In the absence of Mayor Hamilton, Mayor Pro Tempore James Hobel presided over the meeting. The pledge of allegiance to the Flag was led by Mayor Pro Tempore Hobel, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meeting of July 3, 1973, be approved, copies having been sent to each Councilman. PUBLIC HEARING - CONSIDERATION Mayor Pro Tempore Hobel stated that the OF APPEAL BY CHULA VISTA OFFICE applicant in this matter, Mr. Ken Kimball, CENTER OF PLANNING CO~qlSSION Chula Vista Office Center, asked that this DENIAL OF VARIANCE FOR SIGN AT hearing be held over to August 7, 1973, so 815 THIRD AVENUE that a representative of his staff could be present. Public hearing held over It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this hearing be held over to August 7, 1973. ORDINANCE NO. 1475 - Chief of Police Winters reported that all AMENDING CHAPTER 31, SECTION cities in San Diego County have been requested 31.28 RELATING TO THE REQUIREMENT to turn over the taxicab driver license function FOR DRIVERS' PERMITS FOR TAXICAB to the County Sheriff. The purpose of this DRIVERS, AND REPEALING SECTIONS change is to eliminate the necessity of drivers 31.29 THROUGH 31.37 THEREOF, ALL having to obtain separate licenses from each RELATING TO REQUIREMENTS TO jurisdiction in which they operate. OPERATE A TAXICAB - First reading This ordinance would revise Section 18.106 of the City Code to state that it shall be unlaw- ful for any person to drive or operate any of the vehicles mentioned in this section without first obtaining a taxicab drivers' identifica- tion card issued by the Sheriff of the County of San Diego. Disposition of fees In answer to Councilman Hyde's inquiry, City Attorney Lindberg explained that the City gets license fees for the cab license but the permit fee is nominal. Me added that the City would continue to issue certificates of con- venience and necessity for the operation of the vehicles. Purpose of revision Mr. Lindberg stated that the main purpose of the ordinance revision is to transfer the function of processing of individuals through a central County agency and the Sheriff's Department does run a good check on the qualifications of these people. Ordinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6934 - The County of San Diego requires signed APPROVING AGREEMENT BETWEEN contracts with the cities, stating that THE CITY OF CHULA VISTA AND Federal Funds are being spent in accordance THE COUNTY OF SAN DIEGO FOR with law (Emergency Employment Act of 1971) THE EMERGENCY EMPLOYMENT as they relate to the Public Employment PROGRAM Program (PEP). Therefore, it is essential that these contracts be signed and forwarded to the County to insure proper funding for an orderly and equitable phase-out of the PEP Program. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6935 - On June 13, 1973, the Planning Commission AUTHORIZING THE DEFERRAL OF THE granted a deferral of public improvements at INSTALLATION OF CERTAIN PUBLIC 119 First Avenue in conjunction with an IMPROVEMENTS ON THE PROPERTY application for a building permit. The OWNED BY DORIS W. BROWN, LOCATED Commission action was conditioned upon posting AT 119 FIRST AVENUE, IN THE CITY of a performance guarantee in the amount of OF CHULA VISTA $6,000. The property owner has chosen to execute a lien agreement to serve as such a guarantee. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6936 - Starting July 1, 1973, the Traffic Engineering APPROVING AGREEMENT BETWEEN Division of the Public Works Department THE CITY OF CHULA VISTA AND assumed the maintenance responsibility for THE SAN DIEGO GAS & ELECTRIC the City's ornamental street lights. Director COMPANY FOR STREET LIGHTING of Public Works Cole reported that since SERVICE San Diego Gas & Electric Company is no longer maintaining these lights, it is necessary to execute a new contract to reflect this decreased responsibility. 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, Hyde, Egdahl Noes: None Absent: Mayor Hamilton - 2 - UNJd~IMOUS CONSENT ITEM ORDINANCE - AMENDING SECTION City Attorney Lindberg explained that for 35.217 OF CHAPTER 35, RELATING several months the City has been working TO REQUIREMENTS AND CONTENTS toward the formation of an open space dis- OF THE RESOLUTION OF INTENTION trict and the Department of Public Works is FOR THE FORMATION OF AN OPEN in the process of working out a formula for SPACE DISTRICT IN RESPECT TO assessments. He added that the existing ASSESSHENT OF PROPERTIES FOR ordinance requires that we have a statement ACQUISITION, DEVELOPMENT AND of the annual assessment limit per $100 MAINTENANCE OF SAID DISTRICT valuation for the land improvements within AS AN URGENCY MEASURE the district. It is now desired to provide a greater degree of flexibility and a more feasible means of initiating the assessment of properties within such districts. Mr. Lindberg stated that the amendment is before the Council as an emergency provision because the Director of Finance has informed him that the County Assessor requires by August 23 this information relative to assess- ments to be placed on the tax bill for the coming year. Recess A recess was called at 7:15 p.m. and the meeting reconvened at 7:20 p.m. Council discussion The Council and staff discussed many aspects of the proposed amendment, namely: (1) whether the undeveloped portion of the dis- trict is subject to assessments; (2) what the real problem is; (3) formula for assess- ment on property already subdivided; (4) computation on unit basis - guesswork involved; (5) limited experience in assessing open space districts; (6) annual revision of assessments for improved property. Director of Public Works Cole commented that the formula on a unit basis is a good means of accomplishing an~q~it&~I~ fee, based on the cost and equitabl~ spread to the properties within the district. He added that if we go on assessed value there is difficulty in attempting to determine what the assessed value is going to be in the future on the acreage involved. In answer to Councilman Hyde's inquiry, Mr. Cole stated that the burden of supporting this afterwards will fall primarily upon the existing improved units plus a weighted value for each acre of land. Held over to next meeting It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this ordinance be held over for consideration at the meeting of July 17. Sewer service charge Mr. Cole spoke about the sewer service charge (~lhich does not involve assessed value) -- the fact that there is a flat rate for all residential units. Options for sewer service charge Councilman Hyde asked that clarification be given at the next meeting on points discussed this evening and that staff comment as to another option for sewer service charges -- that assessment be considered purely on the basis of land itself rather than improvements. ORDINANCE NO. 1474 - This ordinance rezones the property at the AMENDING ZONING MAP OR rear of 1411 and 1425 Third Avenue from MAPS ESTABLISHED BY SECTION R-3 to C-T and from C-T to R-3, and prezones 33.401 OF THE CHULA VISTA certain property contiguous thereto. CITY CODE, REZONING THAT CERTAIN PROPERTY LOCATED AT A public hearing was held on July 3, 1973, THE REAR OF 1411 AND 1425 to consider this rezoning and prezoning THIRD AVENUE AND PREZONING and the ordinance was at that time placed CERTAIN PROPERTIES CONTIGUOUS on its first reading. THERETO - Second reading and adoption Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its second reading and adoption 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 Noes: None Absent: Mayor Hamilton REPORT ON LEASE AGREEMENT In response to Council's desire expressed at FOR OPERATION OF THE CHULA the meeting of July 3, 1973, City Manager VISTA MUNICIPAL GOLF Thomson submitted a report on his action COURSE RESTAURANT/BAR regarding the authorization of certain FACILITY provements relative to this facility, particularly the reasoning for applying a ten year amortization on all elements of the improvement project. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that both this report and the report preceding it be accepted. LEAGUE DINNER Mayor Pro Tempore Hobel noted the League of California Cities Dinner Meeting is to be held on Thursday, July 19, 1973. The host city for this dinner meeting is La Mesa and the subject to be discussed is the Full Disclosure Ordinance as adopted by the County of San Diego. JULY 31 COUNCIL MEETING It was moved by Councilman Scott and seconded by Councilman Hyde that a regular meeting be held on July 31, 1973 (fifth Tuesday). Councilman Scott withdrew his motion; Councilman Hyde withdrew the second. AUGUST 14 MEETING CANCELLED It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that no Council meeting be held on August 14, 1973. (There will be no Council meetings on July 31 and August 14, 1973.) COMPREHENSIVE PLANNING Mayor Pro Tempore Hobel noted the document ORGANIZATION MEETING presented as a recent CPO Board Meeting entitled "Analysis of the Existing Trends - Regional Development Alternative." He stated that copies of this document will be made available to all Council members. - 4 - Councilman Hyde remarked that it would be beneficial to the Council to have a briefing session on this matter. Mayor Pro Tempore Hobel suggested a Council Conference be held after this has been reviewed by both staff and Council, so that he may present a summary of recommendations at a future CPO Board meeting. He indicated that CPO would probably furnish enough copies of the aforementioned document for the Planning Department and Commission at the request of staff. COUNCIL CONFERENCE SCHEDULED It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that a Council Conference be scheduled for Wednesday, July 18, 1973, at 3:30 p.m. to discuss: (1) Condominium Conversion Ordinance, (2) Undergrounding Utilities Ordinance, and (3) Procedural Ordinance. LIBRARY In answer to Councilman Hyde's inquiry, Acting City Manager Bourcier stated that his office is presently working on a report on plans for the Library. Councilman Egdahl suggested consideration be given to a bond issue as a way for citizens of the community to register their intent that the Library be built and that the major funding for the Library be with Revenue Sharing Funds. The Council unanimously agreed that the pos- sibility of submitting the Library financing issue to the voters in a consolidated election with the School Board be a topic of discussion at the next Council Conference (July 18). WRITTEN COF~qUNICATIONS Verified claim for damages - Mrs. Ethel Anna Kenton, 153 Old Ranch Road, Ethel Anna Kenton, Chula Vista, submitted a verified claim for 153 Old Ranch Road, damages in the amount of $144.50 for repair Chula Vista of a stopped up sewer line. She claims that she spent another $284.00 the previous month for maintenance of the line connecting to the City's line. Claim denied It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this claim be denied so that it can be turned over to the City's insurance carrier for investigation. Request for consideration Miss Georgiana Uda requested consideration be of bicycle freeways given to the possibility of having bicycle throughout the City freeways throughout the City. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to staff and that a letter be sent to Miss Uda advising her of previous action taken in this regard. - $ - Green lines Councilman Scott remarked that it would be a good idea to apprise the public by means of a press release or literature, that the green lines for bicycles represent "routes," not lanes. Verified claim for damages - Willie Mae Parker, 7860 01iveview Road, Willie Mae Parker, Alpine, submitted a verified claim for 7860 Oliveview Road, damages in the amount of $2,500 for injuries Alpine sustained in an accident which occurred on April 10, 1973. She claims that the accident took place at the intersection of Broadway and Vance Street and was due to the negli- gence of two City employees directing traffic. Claim denied It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this claim be denied so that it can be turned over to the City's insurance carrier for investigation. Verified claims for damages - Claims totalling $1,125,000 were filed by the Phillip Jerome Harris, following people for injuries sustained in an Mary Florence Horton McElvaine, accident occurring on April 8, 1973: Jacqueline Henderson Phillip Jerome Harris, 2240 F Avenue, Apt. 201, National City ($50,000); Mary Florence Horton McElvaine, 3176 Imperial Avenue, San Diego ($1,000,000); and Jacqueline Henderson, 171Palomar Street, Chula Vista ($75,000). Defendants named in the claim are Cecil O. Wooten, County of San Diego, City of Chula Vista, Sweetwater Community College District and Southwestern College. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that these claims be denied so that they can be turned over to the City's insurance carrier for investigation. HITCHHIKING The Clerk read lnto the record a letter written to Mrs. Irma Morris by Judge Gilbert Harelson commending her for her efforts being directed towards outlawing hitchhiking in this State. ORAL COMMUNICATIONS J. J. Murphy Mr. Murphy spoke on a recent newspaper article 569 Park Way which referred to comments made by Mayor Hamilton relative to the use of Revenue Sharing Funds. Mr. Murphy stated he would like to see a resolution adopted and pressure be put on the legislators to "reverse the tax trend,"~hereby we can get "a dollar for a dollar" instead of "a dollar for four dollars." Paul L. Greene, Sr. Mr. Greene asked for more information on the 141 Lotus Drive verified claims for damages filed against the City by three students of Southwestern College. City Attorney Lindberg explained the claim, the City's involvement eluded to, and the claim process. - 6 - Mr, Greene suggested that this claim be further investigated by the Human Relations Commission and that the City question the "carelessness of Southwestern College in this matter." He also spoke of the recently-passed resolution of the Chula Vista Elementary School District relating to a quitclaim (for land on which a dog pound will be located). Esther Lassman Miss Lassman stated she is the treasurer Rogan Road for Citizens Concerned for Chula Vista. She re£erred to the cost-revenue report on the Sports World Development prepared by the City Manager and asked for a list of the 289 events proposed by Dr. Bloom. She also questioned the term "working papers." City Attorney Lindberg explained what constitutes a working paper. ADJOURNMENT Mayor Pro Tempore Hobel adjourned the meeting at 8:15 p.m. to the meeting scheduled for July 17, 1973. Deputy City - 7 -