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HomeMy WebLinkAboutcc min 1973/06/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday June 19, 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: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of P~anhing Peterson, Director of Parks and Recreation Hail, Purchasing Agent Espinosa, Captain Virgil Sieveno 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 Temp~re Hobel, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of June 7, 8, 12 and 13, 1973 be approved, copies hav- ing been sent to each Councilman. PUBLIC HEARING - In a report to the Council, Director of CONSIDERATION OF CHANGE Planning Peterson stated that the applicant OF ZONE FROM "I" TO is requesting a change in the General Plan C-V-P FOR ONE ACRE AT designation from Industrial to Visitor SOUTHEAST CORNER OF BAY Commercial and a change in zoning from BOULEVARD AND E STREET "I" (General Industrial) to C-V-P (Visitor Commercial subject to a Precise Plan) for a one-acre parcel located on the south side of E Street between Bay Boulevard and Interstate S in order to construct and operate a restaurant. PUBLIC HEARING - The Planning Commission recommended approval, CONSIDERATION OF REVISION subject to certain conditions, and requested IN GENERAL PLAN FROM that the Council lift the moratorium on INDUSTRIAL TO VISITOR construction of this site to allow the COMMERCIAL FOR ONE ACRE applicant to proceed with the construction AT SOUTHEAST CORNER OF of the restaurant facility. BAY BOULEVARD AND E STREET Mr. Peterson added that the project meet5 with the consultant's ($edway/Cooke) propo- sal for the Bayfrant except for the location of the building. However, the staff and Planning Commission both agree that the building, as proposed by the applicant, will be in a better location. Public hearings opened ~is being the time and place as advertised, the public hearings were declared opened. Mr. Richard Haugh Mr. Haugh stated that his firm :~s the proj- ect architect for the construction of this facility. He explained that the restaurant is the type that is marine-oriented and therefore, the reason for the change in location. Mr. Haugh explained the design of the building and the parking layout, adding that the facility will be ready in the spring. Public hearings closed There being no further comments, either for or against, the hearings were declared closed. ORDINANCE NO. 1470 - It was moved by Councilman Hyde that this AMENDING ZONING MAP OR ordinance be placed on its first reading MAPS ESTABLISHED BY and that reading of the text be waived by SECT[ON 33.401 OF THE unanimous consent. CITY CODE, REZONING THAT CERTAIN PROPERTY The motion carried by the following vote, LOCATED AT 215 BAY to-wit: BOULEVARD FROM "I" TO AYES: Councilmen Hyde, Egdahl, Scott, C-V-P - FIRST READING Hobel Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6893 - Offered by Councilman Hyde, the reading of AMENDING THE GENERAL the text was waived by unanimous consent, PLAN OF THE CITY OF passed and adopted by the following vote, CHULA VISTA FOR to-wit: APPROXIMATELY ONE AYES: Councilmen Hyde, Egdahl, Scott, ACRE LOCATED AT 215 Hobel BAY BOULEVARD NOes: None Absent: Mayor Hamilton PUBLIC HEARING - It was moved by Councilman Scott, seconded CONSIDERATION OF ADOPTION by Councilman Hyde and unanimously carried OF THE BUDGET OF THE CITY that the public hearing be continued to OF CHULA VISTA FOR THE the meeting of June 26, 1973. FISCAL YEAR 1973-74 ORDINANCE NO. 1471 - At the meeting of June 8, 1973, the Council AMENDING ORDINANCE NO. supported the City Manager's recommendation 1339 BY RENUMBERING to increase the hotel-motel tax from 5% to CHAPTER 30 OF ARTICLE 6%. The additional revenue, $14,800, is III, SECTIONS 50.13 needed for expenses incurred by the City, THROUGH 30.31 OF THE such as the bus service. CITY CODE TO CHAPTER 7, ARTICLE III, SECTIONS The City Attorney stated that the effective 7.301 THROUGH 7.319, date of the ordinance would be August 1, 1973. RESPECTIVELY, OF THE CITY CODE, AND AMENDING SAID NEW SECTION 7.303, ALL RELATING TO IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF - FIRST READING Ordinance placed on first reading It was moved by Councilman Scott that this 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 Scott, Hobel, Hyde, Egdahl Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6894 - Resolution No. 6871, dated May 25, 1973, ACCEPTING GRANT DEED TO authorized the appropriation of funds for CERTAIN REAL PROPERTY acquisition of Lot 126 of the Candlewood FROM SHATTUCK CONSTRUCTION Subdivision. This resolution accepts the COMPANY FOR PARK PURPOSES Grant Deed for the property from Shattuck Construction Company. - 2 - Resolution offered Offered by Councilman Egdahl, the reading of tha te~t was waived by unanimous consent, paascd and adopted by, tha following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6895 - The following bids were received on June 4, ACCEPTING BIDS AND 1973 for approximately 100,000 gallons of AWARDING CONTRACT FOR liquefied petrolenm gas: LIQUEFIED PETROLEUM GAS San Diego Liquid Gas .19 gal./10,000 gals. and Appliance .19 gal./90,000 gals. Petrolane Gas Service .518 gal~/10,000 gals. .284 gal~/90,000 gals. *subject to l~ refinery price increase and/or freight rate increases. The Purchasing Agent recommended that the contract be awarded to the low bidder, San Diego Liquid Gas and Appliance. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde, Hobel Noes: None Absent; Mayor Hamilton RESOLUTION NO. 6896 - Bonita Village Corporation submitted a ACCEPTING THE IRREVOCABLE tentative parcel map for a nine-acre site OFFER TO DEDICATE REAL located on the south side of Bonita Road PROPERTY FOR PUBLIC east of Willow Street which was approved HIGHWAY OF BONITA VILLAGE by the Planning and Engineering Departments on January 18, 1973. One of the conditions of approval was that the Corporation offer for dedication right- of-way for a residential street to extend Willow Street southerly of Bonita 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: AYES: Councilmen Egdahl, Scott, Hyde, Hobel Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6897 - Bonita ROad is designated as a major road ACCEPTING, DEDICATING in the Chu~a Vista General Plan for 1990 AND NAMING CERTAIN REAL and requires 100 feet of right-of-way. PROPERTY IN SAID CITY Bonita Village Corporation submitted a FOR STREET AND HIGHWAY corporation grant deed for the southerly · URPO$gJ LOCATED ON half of Bonita Road fronting their property SOUTH SIDE OF BONITA after it was determined that there were ROAD EAST OF WILLOW no records showing that this portion of STREET Bonita Road had ever been .granted to the City of Chula ¥ista. 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: gYES: Councilmen Egdahl, Scott, Hyde, Hobel Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6898 - On February 21, 1973, the planning Commission AUTHORIZING THE DEFERRAL granted a deferral of public improvements OF THE INSTALLATION OF to the applicant based on the fact that no CERTAIN PUBLIC IMPROVE- i~provements existed in the alley between MENTS ON THE PROPERTY D Street and Flower Street and the imprac- OWNED BY STARFIRE HOMES, ticality of constructing only one-half of INC. AT 119 MADISON AVENUE the ~idth of the twenty-foot alley. The property owners have chosen to execute a lien agreement to serve as a performance guarantee for the required amount ($1,750). Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: None : Absent: Mayor Hamilton RESOLUTION NO. 6899 - On ~ebrua~y 21, 1973, the Planning Commis- AUTHORIZING THE DEFERRAL sion granted a deferral of public improve- OF THE INSTALLATION OF ments to the applicant based on the fact CERTAIN PUBLIC IMPROVE- that no improvements existed in the alley MENTS ON THE PROPERTY between D Street and Flower Street and the OWNED BY STARFIRE HOMES, impracticality of constructing only one- INC. AT 121 MADISON AVENUE half of the width of the twenty-foot alley. The property owners have chosen to execute a lien agreement to serve as a performance guarantee for the required amount ($1,750). Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6900 - In a report to the Council, Director of ACCEPTING GRANT DEED Public Works Cole explained that a 17.50 TO CERTAIN REAL PROPERTY foot strip of property was granted to FROM JAMES W. WATKINS the City by Mr. and Mrs. Watkins. Needed AND PATRICIA ANN WATKINS right-of-way dedication is a condition to FOR STREET PURPOSES issuing a building permit with a value in excess of $5,000. Palm Drive~ within the County of San Diego, has a sixty-foot right-of-way and the existing 2S-foot road easement is the only ingress and egress to this property. This dedication will provlde~h¢.adaitional width for the sixty-foot right-of-way adjacent to this property for the future extension of Palm Drive. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, ~cott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6901 - The contract work on thla project has been ACCEPTING CONTRACT WORK completed by the contractor, Certified FOR SHOP HEATING SYSTEM Air Conditioning, Inc. in accordance with INSTALLATION, 707 F STREET the contract agreement dated April 2, 1973. - 4 - Director of Public Works Cole reported that all of the improvements have been completed to his satisfaction,~w~.ht~h~i:of-t'~ Director of Building and Housing, and in accordance with the requirements of the City. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6902 - Director of Pllb~i~ Works Cole submitted a AUTHORIZING EXPENDITURE report to the Council d~l[n~ating the in- OF RESERVE 2107 GAS TAX stallation of the improvements of West Bay FUNDS FOR IMPROVEMENT OF Boulevard in this area. The sum of $8,000 WEST BAY BOULEVARD BETWEEN was budgeted in the 1972-73 Gas Tax 2107 L STREET AND PALOMAR STREET funds; San Diego Gas and Electric Company AND AUTHORIZING THE has deposited $24~723.30 as its share of the DIRECTOR OF PUBLIC WORKS cost. The total cost of the project is now TO PREPARE PLANS AND estimated at $56,723.30; therefore, the SPECIFICATIONS AND TO requested additional expenditure:is $24,000, ADVERTISE FOR BIDS as the City's share of this project. Mr. Cole added that the project could be reduced by $5,000 by eliminating the seven proposed street lights. Motion to accept recommendation It was moved by Councilman Hyde that the regarding lighting recommendation of the Public Works Director be accepted on the lighting for this area. No second to motion The motion died for lack of second. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, gcott, Hobel, Hyde Noes: None Absent: Mayor Hamilton RESOLUTION NO. 6903 - The City Clerk reported that the City's PROVIDING FOR THE SPECIAL share of the cost of the April 17, 1973 APPROPRIATION OF FUNDS TO election was $12,540.62. This sum covers COVER COSTS FOR CONSOLIDA- the four Charter changes placed on that TION OF FOUR CHARTER ballot. PROPOSITIONS ON SCHOOL ELECTION BALLOT - In answer to the Council's questions, Mrs. APRIL 17, 1973 Fulasz explained the formula used in de- termining the City's share of this expense. 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 Noes: None Absent: Mayor Hamilton - S - RESOLUTION NO. 69Q4 - e~ lease expired on May 14, 1973; however, APPROVING THE FIRST AMENDED An extended time of Aix months was approved AGREEMENT BETWEEN THE C~T¥ which lea~e will now expire on November 1S, AND THE CHULA VISTA CHAMBER 1973. The agreement li~ts the conditions OF COMMERCE, AND AUTHORIZING and lease fee for the use of the Chamber. THE MAYOR TO EXECUTE SAID FIRST AMENDED AGREEMP~NT 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 APPROVING This agreement calls for the current level AGREEMENT WITH SAN DIEGO of service for which the City's contribution TRANSIT CORPORATION is $781, the balance of which to be secured from the City's share of SB 325 funds. Mayor Pro Tempore Hobel submitted a copy of Mr. Hitchcock's (CPO attorney) opinion on San Diego Transit's entitlement to SB 325 funds, which could greatly reduce the amount of money San Diego Transit could receive. A meeting was held on this at which Mr. Prior, representing the Transit Company, took ex- ception to all of Mr. Hitchcock's opinions. Transfer privileges Mayor Pro Tempore Hobel explained that there is a condition in the proposal that within 90 days of the approval of the claim, San Diego Transit must issue transfer privileges with Chula Vista lines. Council discussion Discussion ensued as to taking action on this resolution tonight, pending action by the CPO as to Mr. Hitchcock's opinion. City Manager Thomson asked that the matter be referred to the City Attorney to look over and bring back recommendations. Continued for one week It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be held over for one week. Rate schedules City Attorney Lindberg remarked that he received a call from the attorney for San Diego Transit in which their attorney stated that the company would continue to object to the deletion of the provision in the contract which precludes the City from raising any objection to adjustments in the rate schedule~. RESOLUTION NO. 6905 - The CPO of San Diego County has determined PROVIDING FOR THE PAYMENT TO that it pay the amount of $50 for a regular THAT CERTAIN COUNCILMAN WHO monthly meeting and $50 for the monthly ATTENDS THE MEETINGS OF THE meeting of the executive board to each CPO A SUM CERTAIN PER MONTH person representing a participating agency. IN THE AMOUNT OF $100.00 TO REIMBURSE SAID COUNCILMAN FOR THE ADDITIONAL DEMANDS AND EXPENSES MADE UPON HIM BY SUCH SERVICE Resolution offered Offered hy 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, Hyde Noes: None Absent: Mayor Hamilton REQUEST FROM CHULA VISTA The Chula Vista Jaycees requested the use JUNIOR CHAMBER OF COb~qERCE of the grounds at Fourth Avenue and F Street FOR USE OF CITY-OWNED for the Fiesta de la Luna to be hold October 1 PROPERTY FOR FIESTA DE through October 8, 1973. LA LUNA ACTIVITIES Request granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be granted subject to con- ditions such as insurance and clean-up bond. ORDINANCE NO. 1468 - This ordinance, which changes the term of AMENDING ORDINANCE NO. 1335 office from June to October, had its first BY AMENDING CHAPTER 1, reading on June 12, 1973. ARTICLE VI, SECTIONS 1.602 (c) AND 1.602 (e) RELATING TO TERM OF OFFICE FOR YOUTH CO~qlSSION - 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 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 Noes: None Absent: Mayor Hamilton ORDINANCE NO. 1469 - This ordinance decreases the speed limit AMENDING SCHEDULE X OF on Telegraph Canyon Road as follows: TRAFFIC CODE TO DECREASE SPEED LIMITS IN CERTAIN Beginning at Halecrest Avenue and ending at ZONES - SECOND READING a point 2,458 feet east of Crest Drive, the AND ADOPTION speed limit shall be 45 miles per hour. Beginning at a point 2,458 feet east of Crest Drive and ending at Otay Lakes Road, the speed limit shall be 55 miles per hour. Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on its 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 Noes: None Absent: Mayor Hamilton REPORT ON JUVENILE COUNSELOR Chief of Police Winters reported that the GRANT FOR YOUTH DIVERSION grant to hire an additional counselor for PROGRAM the Youth Diversion Program has been approved. This grant provides funds to hire a Juvenile Counselor and to lease a car for his use - the total amount of the grant is $10,760. Chief Winters explained that they would like to hire the counselor on or about July 1 and in order to do this, it will be necessary to encumber City funds which will be refunded by the State on a quarterly basis. Request approved It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that approval be given to the request and that the 1973-74 budget ~soiution reflect this program. REPORT ON PROPOSED SALE Director of Parks and Recreation Hall reported OF CITY-OWNED PROPERTY that he Necelved an offer to purchase 9,503.75 square feet of City-owned property adjacent to the~hird tee at the Chula Vista Municipal Golf Course by a client of Creaser and Warwick, Inc., and ~n~offer from Mr. Victor Wulff for a small parcel measuring 3,000 square feet which also is adjacent to the third tee. Both parties have agreed to certain condi- tions and an acceptable purchase price was agreed upon. Advantage to City In answer to Councilman Scott's query, Mr. Hall commented that the advantage to the City to sell the land is the fact that the parcels are not being maintained at the present time, and a condition of the sale is that a living fence be planted along the back of these buildings. Councilman Hyde indicated he would like to go out and look at the parcels in question. Cp~inued to next meeting It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be held over for one week. EXECUTIVE SESSION It was moved by Mayor Pro Tempore Hobel, seconded by Councilman Egdahl and unanimously carried that an Executive Session be called at the end of the meeting for personnel rcasons. VACANCY ON COMMISSION Councilman Hyde commented that there still exists a vacancy on one of the commissions and hoped that the Council would be able to fill this within a week or two. COMPLAINT ALONG J STREET Councilman Egdahl said he received a call from the property owner of the corner of Church Avenue and J Street, complmining of havin~ his driveway torn up and replaced with an Na~halt driveway. He indicated that if J Street is not going to be widened, he would like to hmve his con- crete driveway back. This gentleman also complained about the storm drains that were put in. Councilman Egdahl requested a staff report on this matter. Director of Public Works Cole explained that this ~mp~rrary ~ork was put in in order to make the road functional. SIDEWALK REPLACEMENTS In answer to the Mayor Pro Tempore's question, Mr. Cole stated that the City has put in 3~084 square feet of sidewalk due to uprooted tr~es. As to the resurfacing of J Street from Third Avenue to Broadway, it is part of the widening project, and nothing is being done on this until a final decision is reached by the Council. This matter will be brought to the Council in September. LEFT TURNS OUT OF Councilman Egdahl commented that now with POST OFFICE the possibility of making left turns onto Third Avenue from the Post Office, he would like to point out that there is one partic- ular shrub that blocks the view of the traf- fic coming out of the Post Office. Mr. Cole indicated he would look into this. WRITTEN COMMUNICATIONS Request for landscaping A petition signed by thirty property owners median strip on East H was received requesting that the median Street in College Estates strip on East H Street, east of Otay Lakes Road, be landscaped. They note that this improvement will eliminate the health hazard and possible injury that could be caused by the blowing dust and would im- prove an unsightly condition. Referred to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this request be referred to staff. Motion for staff study It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the staff be directed to investigate the financing of the maintenance of the median strips out of Gas Tax funds versus the General Fund. ORAL COMMUNICATIONS Don Dunstan Mr. Dunstan stated he represented the 1619 East H Street signers of the petition to landscape the median strip along East H Street in South- western College Estates. He declared that the matter was brought before the City in December 1971 at which time the City put down liquid asphalt. ~le residents were told this was a temporary solution -- that additional paving and landscaping the median would be submitted to the Capital Improvement Program committee for its con- sideration to be included in the next budget. Mayor ProgTempore Hobel noted the Council's action on this matter and told Mr. Dunstan that he would be advised on the staff's report. J. J. Murphy Mr. ~urphy referred to several newspaper S69 Park Way articles concerning comments made by the Council for a new library. He stated he voted against the bond because he did not want a new library and was against the Council using taxpayers' money out of Revenue Sharing Funds to finance a new library. Mr. Murphy also took exception to the proposal that the landscaping be done in a Spanish theme. Mayor Pro Tempore Hobel reminded Mr. Murphy that the matter of the library was not com- ple~lyresolved and he was welcome to attend any of the meetings held on this subject. FULL WIDTH STREET IMPROVEMENTS Councilman Egdahl commented that the Council has not fully resolved the handling of these full-width streets (such as East H) as to providing for full-width paving or center island landscaping. To be set for Conference Councilman Egdahl asked that this matter be placed on a future Council Conference. EXECUTIVE SESSION The Council recessed to Executive Session at 8:09 p.m. and the meeting reconvened at 8:34 p.m. ADJOURNMENT Mayor Pro Tempore Hobel adjourned the meeting at 8:35 p.m. to the meeting scheduled for Tuesday, June 26, 1973 at 7:00 p.m. - 10-