HomeMy WebLinkAboutcc min 1973/03/20 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday March 20, 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, Hamilton, Hyde, Egdahl
Councilmen absent: None
Also present: Assistant City Manager Bourcier, City Attorney Lindberg,
Director of Public Works Cole, Director of Planning Peterson,
Director of Parks and Recreation Hall, Associate Planner Lee
The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a
moment of silent prayer.
APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hyde, seconded by
Councilman Hobel and unanimously carried
that the minutes of the meeting of March 13,
1973, be approved copies having been sent to
each Councilman.
PUBLIC HEARING - CONSIDERATION OF City Attorney Lindberg explained that the
CHULA VISTA MUNICIPAL ELECTION proposed ordinance requires a full disclosure
C~%MPAIGN CONTRIBUTION AND of all contributions allowing only $50 to be
EXPENDITURE CONTROL ORDINANCE received as anonymous contributions, prohibits
any assumed name contributions, establishes a
limit of $250 for any single contribution and
a maximum of $1250 imposed upon any candidate
in his own behalf.
The new ordinance also increases the limit
for expenditures for non-incumbents from
$0.10 per registered voter established at the
time of the preceding presidential election,
to $0.12 per registered voter.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
Ada Thompson, Member Mrs. Thompson stated she was a member of the
Campaign Expense Committee Mayor's committee that drafted the ordinance.
She spoke in favor of the ordinance comment-
ing that it was a worthwhile ordinance which
sets certain standards.
K. Nick Slijk Mr. Slijk spoke against the ordinance. He
Lynwood Hills noted a two-page newspaper spread given to
Assemblyman Wadie Deddeh a short time ago,
pointing to this as an example of the diffi-
culty of evaluating news coverage. Mr. Slijk
declared the ordinance gives the power to the
news media; the incumbents have the advantage;
opportunities are not equalized; there is a
question of constitutionality, and a direct
infringement on free speech. Mr. Slijk urged
the Council to "hold it up," as he felt the
ordinance was too severe.
Bill Rayburn Mr. Rayburn referred to a newspaper coverage
370 K Street of the forthcoming election, indicating that
that type of publicity was worth over $1000
to the incumbents involved. He felt the
ordinance was an infringment on his personal
rights - the standards set for control of
miscellaneous donations was acceptable, but
the ordinance should not try to control
personal funds.
Ken Wood, Member Mr. Wood remarked that he served on this
Campaign Expense Committee Mayor's committee and filed a minority report
in which he set forth his objections. He is
100 percent in favor of the disclosure of
contributions but objected to the limitations
of the expenditures. Mr. Wood questioned the
terms "contribution" and "expenditure." He
also questioned Section 1.620 stating that he
felt it was an absolute restriction against
a corporation, partnership or other business
entity from contributing to affect an election.
John B. Kingston Mr. Kingston declared his first reaction to
739 Neptune Court the proposed ordinance was that it may be
unconstitutional. He compared this ordinance
with that of San Diego. Mr. Kingston noted
a provision in the Charter Review recommenda-
tions regarding limitation of the terms of
office. The Council made an exception in this
case so as not to cause a detriment to the
person that might have been affected by the
limitation. Mr. Kingston declared that there
was a comparison here, inasmuch as it creates
a benefit. He urged the the Council to post-
pone adoption of the ordinance.
City Attorney's comments Mr. Lindberg explained that copies of the
proposed ordinance were sent to: Common
Cause, Mr. Edward Butler of San Diego, and
the committee in San Diego. Since they
were mailed out on Friday, there is a pos-
sibility that they did not receive the mail,
and perhaps the Council may wish to continue
the hearing for one week.
Public hearing closed There being no further comments~ either for
or against, the hearing was declared closed.
Council discussion Discussion ensued as to unauthorized expendi-
tures and other aspects of the proposed
ordinance. Councilman Egdahl felt: (1) it
is going to be difficult for a candidate to
get a campaign treasurer - he will have to
work full time to keep all the required
records; (2) it would discourage small con-
tributions from many citizens who may know
several of the candidates but may wish to
make a $10 contribution to one of them; they
would not want to make this contribution now
since they would have to disclose their names;
(3) this type of ordinance w~ll lead to avoid-
anco of discussion of issues in a campaign -
the candidates will just be watching for
violations of the ordinance. Councilman
Egdahl added that he favored disclosure of
contributions over $2S, and the maximum ex-
penditures of 10¢ and 12¢ per registered voter.
Councilman Hobel felt the ordinance was too
complex, and questioned the legality of having
to turn over all monies in excess of $S0
(anonymous contributions) to the General Fund
money and used in the next election.
- 2 -
Mayor Hamilton felt that monetary limits should
be set; full disclosure should be made over a
certain minimum amount; instead of creating
another committee, the Board of Ethics could
handle this. As far as public inspection and
copymaking is concerned, Mayor Hamilton felt
that the Sunday prior to the election, the
newspapers should publish full disclosure of
all candidates.
Motion to set for Council It was moved by Councilman Hobel and seconded
Conference by Councilman Hyde that a Council Conference
be set on this matter for March 29, 1973 at
3:30 p.m.
Substitute motion It was moved by Councilman Hyde and seconded by
Councilman Scott that the ordinance be adopted
as written with one modification: that an
expiration date of June 30, 1974, be placed on
it which would carry it through one election.
Motion carries The motion carried by the following vote, to-wit:
AYES: Councilmen Hyde, Scott, Egdahl, Hamilton
Noes: Councilman Hobel
Absent: None
ORDINANCE NO. 1452 - It was moved by Councilman Hyde that this
AMENDING ARTICLE 6 OF CHAPTER ordinance be placed on its first reading as
1 OF THE CHULA VISTA CITY CODE amended. The reading of the text was unanimously
BY ADDING THERETO NEW SECTIONS waived.
1.605 THROUGH 1.635, ALL RELAT-
ING TO THE CONTROL OF CHULA The motion carried by the following vote, to-wit:
VISTA MUNICIPAL ELECTION CAMPAIGN AYES: Councilmen Hyde, Scott, Egdahl, Hamilton
CONTRIBUTIONS AND EXPENDITURES - Noes: Co~mcilman Hobel
FIRST READING Absent: None
Recess A recess was called at 8:25 p.m., and the
meeting reconvened at 8:44 p.m.
PUBLIC HEARING - CONSIDERATION Associate Planner Lee submitted a plat noting
OF CFL~NGE OF ZONE FOR 73.4 ACRES the location of the propert~ and explained
LOCATED SOUTH OF ALLEN SCHOOL that it was annexed to Chula Vista in 1964 and
LANE, WEST OF OTAY LAKES ROAD, prezoned for 1/2 acre lots. The precise plan
FROM R-E-D TO R-E-P requested would provide smaller lots, but
would retain nearly 22 acres, or one-third or
the total site, in natural open space.
The PlanningCommission approved the applicant's
Environmental Impact Report and tentative sub-
division map on February 21, 1973.
Tentative map discussed Mr. Lee discussed the tentative map reviewing
the conditions imposed by the Planning Com-
mission on the 73 acre site. In September
1972, the developer was given approval for a
101 lot subdivision; however, due to the soil
conditions at the easterly portion of the
property, extensive grading would have been
required to implement the plan.
The revised map proposed 114 single family
lots with a 5 acre parcel reserved adjacent
to Allen School for a public park site and
approximately 30 acres will be reserved for
common open space.
Mr. Lee noted the letters received from the
Sweetwater Union High School District and the
Chula Vista City School District stating they
- 3 -
did not have an agreement with the developer
and therefore, could not assure that adequate
school facilities would be available for
students coming from this development. Mr.
Lee referred to the note on the subdivision
map, which stated that the map was in com-
pliance with the two resolutions approved
by the Council which requires him to pay the
fees for the school facilities prior to
receiving building permits.
Public hearing opened This being the time and place as advertised,
Mayor Hamilton opened the public hearing.
James Ashbaugh, Planner Mr; Ashbaugh stated they are the planners and
George Nol~e& Associates engineers for the applicants. He discussed
7895 Claremont Mesa Boulevard the original map and the number of units
San Diego originally proposed (146), explaining that
they will now construct 114 dwelling units.
The 22 acre site left for open space will be
maintained by a special maintenance district.
Public hearing closed There being no further comments, either for or
against, the hearing was declared closed.
ORDINANCE NO. 1453 - It was moved by Councilman Scott that this
AMENDING ZONING blAP OR MAPS ordinance be placed on its first reading and
ESTABLISHED BY SECTION 33.401 that reading of the text be waived by
OF THE CHULA VISTA CITY CODE, unanimous consent.
REZONING THAT CERTAIN PROPERTY
LOCATED SOUTH OF ALLEN SCHOOL The motion carried by the following vote, to-wit
LANE, WEST OF OTAY LAKES ROAD AYES: Councilmen Scott, Hobel, Hamilton,
FROM R-E-D TO R-E-P - FIRST Hyde, Egdahl
READING Noes: None
Absent: None
RESOLUTION NO. 6779 - Offered by Councilman Egdahl, the reading of
APPROVING TENTATIVE MAP OF the text was waived by unanimous consent,
RANCHO ROBINHOOD SUBDIVISION passed and adopted by the following vote, to-wit:
AYES: Councilmen Egdahl, Scott, Hobel,
Hamilton, Hyde
Noes: None
Absent: None
ORDINANCE NO. 1454 - City Attorney Lindberg explained that the
AMENDING CHAPTER 31, SECTION ordinance amends Section 31.32, which pre-
31.32, RELATING TO ELIGIBILITY scribes eligibility requirements for the
FOR ISSUANCE OF TAXICAB DRIVER issuance of permits. In addition, there
PERMITS - FIRST READING is a provision for a waiver of the ineligi-
bility provision for ex-felons.
Ordinance placed on first reading It was moved by Councilman Hyde that this ordi-
nance be placed on its first reading and that
reading of the text be waived by unanimous con-
sent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Hyde, Egdahl, Scott, Hobel,
Hamilton
Noes: None
Absent: None
ORDINANCE NO. 1455 - In a report to the Council, Director of Public
AMENDING ARTICLE 2 OF CHAPTER 29 Works Cole reviewed the modifications and
OF THE CHULA VISTA CITY CODE BY changes to the ordinance.
AMENDING EXISTING SECTIONS 29.201
THROUGH 29.228, ALL RELATING TO
LAND GRADING, EXCAVATIONS AND
FILLS - FIRST READING
He indicated that the proposed changes would:
(1) simplify administration of the ordinance;
(2) clarify the application of the ordinance;
(3) provide manufactured slopes which are
more esthetically pleasing; (4) provide for
stricter and more practical landscaping of
slopes.
Ordinance placed on first reading It was moved by Councilman Hyde 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 Hyde, Egdahl, Scott, Hobel,
Hamilton
Noes: None
Absent: None
EMERGENCY ORDINANCE NO. 1456 - This emergency ordinance places ambulance
AMENDING SECTIONS 33.511 services as an Unclassified Use.
AND 33.535 OF THE ZONING
ORDINANCE, CHAPTER 33 OF THE
CITY CODE - FIRST READING AND
ADOPTION
Ordinance placed on first reading It was moved by Councilman Scott that this
and adoption ordinance be placed on its first reading and
be adopted and that reading of the text be
waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton,
Hyde, Egdahl
Noes: None
Absent: None
RESOLUTION NO. 6780 - The following bids were received on March 9,
ACCEPTING BIDS AND AWARDING 1973:
CONTRACT FOR IRRIGATION
EQUIPMENT AND SUPPLIES Contractors Supply $12,893.86
FOR DEVELOPING HILLTOP PARK Pacific Products, Inc. 13,832.02
It was recommended that the contract be
awarded to Contractors Supply, the low
bidder, in the amount of $13,538.55 (amount
of bid plus sales tax of $644.69).
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, Scott
Noes: None
Absent; None
RESOLUTION NO. 6781 - Park Hill United Methodist Church has paid the
APPROVING AN UNCONTROLLED required fees and has made application for a
EMBANKMENT AGREEMENT BETWEEN permit to place an uncontrolled embankment
THE CITY OF CHULA VISTA AND upon vacant propert7 lying north of East
PARK HILL UNITED METHODIST Naples Street. The embankment amounts to
CHURCH FOR PROPERTY LOCATED approximately 500 cubic yards of dirt.
AT 545 EAST NAPLES STREET
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,
Hamilton, Hyde
Noes: None
Absent: None
RESOLUTION NO. 6782 - The Superintendent of Streets has prepared
GIVING NOTICE OF INTENTION the spread of assessment for Phase XIV: the
OF FILING OF ASSESSMENTS FOR alley between H Street and Otis Street and
1911 BLOCK ACT, PHASE XIV, between Smith Avenue and Fifth Avenue and also
AND SETTING APRIL 10, 1973, AT the public street improvements on Second
7:00 P.M. IN THE COUNCIL Avenue, south of Palomar Street. He recom-
CHAMBERS AS THE TIME AND PLACE mended securing the repayment of funds
FOR HEARING PROTESTS THEREON advanced by the City through the imposition
of liens subject to the following conditions:
1. The City will undertake the collection
of assessed amounts.
2. Simple interest at the rate of seven per
cent (7%) per annum shall be added to any
unpaid balance.
5. Payments may be made in a maximum of 10
annual installments.
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,
Hamilton, Hyde
Noes: None
Absent: None
REPORT BY SUPERINTENDENT OF The Superintendent of Streets reported that
STREETS ON COST OF CONSTRUCTION the total cost of the construction of the
AND WORK DONE AT PUBLIC ALLEY, alley adjacent to Central Federal Savings
1911 BLOCK ACT, PHASE XV and Loan from Fourth Avenue to Glover
Avenue, between E Street and Davidson Street
was $2,199.20.
The following recommendations were made:
1. The City bear the incidental expenses.
2. The City undertake collection of amounts
assessed.
3. Simple interest at the rate of seven per
cent (7%) be added to any unpaid balance.
Upon completion, the assessment will be
filed with the City Clerk and a date for
public hearing will be submitted for Council
approval.
Report accepted It was moved by Councilman Hyde, seconded by
Councilman Scott and unanimously carried that
the report be accepted.
RESOLUTION NO. 6783 - Phase XV is for the construction of public alley
GIVING NOTICE OF INTENTION improvements between E Street and Davidson
OF FILING OF ASSESSMENTS Street and between Fourth Avenue and Glover
FOR 1911 BLOCK ACT, PHASE ×V, Avenue.
AND SETTING APRIL 10, 1973,
AT 7:00 P.M. AS THE TIME AND The Superintendent of Streets has prepared
PLACE FOR HEARING PROTESTS the spread of assessment and recommended
THEREON repayment of funds through the imposition of
liens subject to:
1. Tho City undertaking the collection of
assessed amounts.
2. Simple interest at the rate of seven per
cent (?%) per annum to be added to any
unpaid balance.
3. Payments to be made in a maximum of 10
annual installments.
- 6 -
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,
Hamilton, Hyde
Noes: None
Absent: None
RESOLUTION NO. 6784 - Mr. and Mrs. Paxton, Jr. have executed a
ACCEPTING GRANT DEED TO CERTAIN grant deed granting the City a 13.8 foot wide
REAL PROPERTY FROM MR. AND MRS. strip of land lying adjacent to the east side
RALPH P. PAXTON, JR. FOR of a 24-foot wide alley, which was originally
FUTURE STREET PURPOSES dedicated and accepted on January 18, 1911.
The alley is located between Second and Minot
Avenue, south of D Street and north of EStreet.
The strip of land is being granted in
accordance with Ordinance 1205, which requires
the dedication of needed right of way as a
condition of issuing a building permit for
improvements in excess of $5,000.
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,
Hamilton, Hyde
Noes: None
Absent: None
RESOLUTION NO. 6785 - In a report to the Council, Director of Public
AM~ENDING RESOLUTION 4675 Works Cole stated a review of Resolution 4675
ESTABLISHING A SIDEWALK and 6192 revealed overlapping provisions of
MAINTENANCE POLICY IN established policies in regard to maintenance
ACCORDPdqCE WITH THE PRO- of sidewalks and preservation of street trees.
VISIONS OF SECTION 6510 OF
THE STREETS AND HIGHWAYS To eliminate any possible misunderstanding
CODE OF THE STATE OF and the overlapping provisions, this resolu-
CALIFORNIA AND SECTION 27.2 tion has been prepared which primarily accom-
OF THE CITY CODE plishes:
1. Clarifies that it is the City's responsi-
bility to trim City street trees so as
not to obstruct the streets and sidewalks.
2. Establishes that it is the property owner's
responsibility to notify the City when the
City street trees adjacent to his property are
in need of trimming.
3. Establishes that the City will bear the
cost of repair or replacement of sidewalk
where it can be sho~n that a hazardous condi-
tion is the result of City street trees.
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,
Hamilton, Hyde
Noes: None
Absent: None
RESOLUTION NO. 6786 - City Manager Thomson submitted a detailed
URGING THE COUNTY BOARD OF report to the Council in which he discussed
SUPERVISORS TO PLACE A ONE- the present joint fire protection agreement
YEAR MORATORIUM ON THE CON- with the Bonita-Sunnyside Fire Protection
SOLIDATION OF ANY FIRE District, which wa5 entered into in 1963.
DISTRICTS WITH ANY OTHER
DISTRICTS
Mr. Thomson reported that the City of Chula
Vista, along with several other agencies
providing fire protection in the South Bay
area including National City, Lower Sweetwater,
Bonita-Sunnyside and Montgomery, are currently
engaged in a study contemplating the possi-
bilities of consolidation of ail of the fire
fighting services within the geographic area.
It was the recommendation of the City Manager
that a one-year moratorium be placed on any
action on consolidation of any Fire District
with any other district until such time as
the product of the study on consolidation has
been reviewed and implemented by all affected
parties.
Gene Martin Mr. Martin spoke in favor of the resolution,
3751 Putter Place stating that the people in this area wish to
Bonita go on record as wanting to remain in a fire
district that would have an opportunity of
being consolidated. They see consolidation
as a means of lowering taxes.
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,
Hamilton, Hyde
Noes: None
Absent: None
RESOLUTION - In a report to the Council, Director of Parks
PROVIDING FOR THE SPECIAL and Recreation Hall requested the sum of
APPRORIATION OF FUNDS FOR $38,000 from Revenue Sharing Funds, which
PP~RK DEVELOPMENT AND would be used as follows:
M~INTENANCE AND GOLF COURSE
IRRIGATION WELL SYSTEM Park Development $13,000
Park Maintenance 10,000
Golf Course Irrigation 15,000
Well System
City Manager Thomson recommended approval of
the request noting that the first two
items were applicable under the 10% non-CIP
revenue sharing requests, and the third item
was a CIP project under the 90% Council pro-
vision of the funds.
Resolution offered The resolution was offered by Councilman Hobel.
Council discussion Councilman Egdahl felt that priorities should
be set for the expenditure of the Revenue
Sharing funds, rather than submitting them
"piecemeal" to the Council.
Councilman Scott agreed adding that these
special purchases are out of the context of
the budget and the revenue sharing funds.
It is a method of getting things out of
priority, and he strongly disagreed with this
method. Councilman Scott remarked that the
Council should have a full look at all of the
items listed in the percentage approved by
the Council, and then rate them as the Council
feels they are important, and not as the staff
evaluates them.
Assistant City Manager Bourcier Mr. Bourcier, in answer to Council's query,
remarked that it was the staff's understanding
that $61,000 of the revenue sharing funds was
allocated and the City Manager was to bring
back recommendations on how this money was to
be spent. This is one of those recommendations.
Substitute motion offered It was moved by Councilman Hyde and seconded
by Councilman Scott that the resolution be
continued for one week and the City Manager
is requested to bring back, at the next meet-
ing, the list of additional expenditures
which would be accommodated under the $61,000
figure.
Motion carries The motion carried by the following vote, to-wit:
AYES: Councilmen Hyde, Scott, Egdahl
Noes: Councilmen Hobel, Hamilton
Absent: None
RESOLUTION NO. 6787 - Councilman Hobel questioned the legality of
SUPPORTING THE SWEETWATER the Council endorsing this proposition.
CON~qUNITY COLLEGE DISTRICT
TAX OVERRIDE AND URGING City Attorney Lindberg stated that the
THE ELECTORATE TO CAST A Council has the right to express its opinion
YES VOTE THEREFOR on a matter of this nature, as long as it
does not involve an expenditure of public
funds.
Bill Rayburn Mr. Rayburn referred to a copy of a law he
370 K Street sent to the Council last year regarding
expenditure of public funds. He declared
that if this resolution was passed, he would
be back next week requesting another reso-
lution, on behalf of the citizens and himself,
against this override. If that is refused,
then it would constitutea misuse of public
funds.
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
RESOLUTION NO. 6788 - At the request of a businessman located on
URGING THE STATE DIVISION H Street, west of Broadway, the City Council,
OF HIGHWAYS TO EXPEDITE by this resolution, is requesting the State
THE COMPLETION OF THE Division of Highways to expedite completion
"H" STREET BRIDGE AND of the H Street bridge, and further, to com-
plete and open to traffic any ramps north-
bound on from H Street or south off from I-5
in order to restore some life to the westerly
end of H Street.
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,
Hamilton, Hyde
Noes: None
Absent: None
Jerry Prior Mr. Prior stated he is o~er of the Barbecue
689 H Street Pit. He referred to the petition submitted
to the City Clerk in which the merchants in
this area expressed their gratitude to the
Mayor and Council for the resolution enacted
on their behalf and they further encouraged
- 9 -
the pursuit of this matter. Mr. Prior felt
there was a definite lack of effort on the
part of the contractor towards completion of
the project, and the completion date will go
well beyond the June 11 deadline.
Mr. Lane Cole, Director of Public Works,
reported that he discussed this with the
Assistant District Engineer in charge of
construction. The entire project will be
completed by the last half of July, weather
permitting. Mr. Cole discussed the problems
involved in the construction and the time-
table set for construction of the various
offramps.
Charles Madden Mr. Madden stated he is manager of the 7-11
698 H Street Store. He remarked that the street is now
a "dead-end" and because of the unlighted
area, there will be police problems.
RESOLUTION NO. 6789 - The Director of Finance stated that it was
ESTABLISHING TRUST FUND AND necessary to establish the required trust
BUDGETARY ACCOUNTS FOR THE fund and budget accounts necessary to meet
CALIFORNIA COUNCIL ON recommended accounting procedures as specified
CRIMINAL JUSTICE GRANT in the Omnibus Crime Control and Safe Streets
Act of 1968.
Resolution offered Offered by Councilman Scott, the reading of the
text was waived by unanimous consent, passed
and adopted by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton,
Hyde, Egdahl
Noes: None
Absent: None
UNANIMOUS CONSENT ITEM:
RESOLUTION NO. 6790 - By this resolution, the City waives the
APPROVING AGREEMENT BETWEEN requirement for undergrounding utilities
THE CITY AND BONITA VILLAGE based on the following condition:
CORPORATION FOR WAIVER OF
UNDERGROUNDING REQUIREMENTS-- The Subdivider agrees not to object tO the
BONITA VILLAGE SHOPPING CENTER formation of an assessment district or a
AND ACCEPTANCE OF FUTURE levy of an assessment to defray the portion
ASSESSMENT DISTRICT of the cost of the program attributable to
Bonita Village Corporation.
Resolution offered Offered by Councilman Scott, the reading of the
text was waived by unanimous consent, passed
and adopted by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton,
Hyde, Egdahl
Noes: None
Absent: None
Motion for staff report It was moved by Councilman Hyde, seconded by
Councilman Egdahl and unanimously carried
that the staff bring back a report to the
Council by June 1, 1973, as to the matter of
initiating an undergrounding district in that
REPORT ON CITY ASSISTANCE OF Assistant City Manager gourcier submitted a
CNULA VISTA BOYS' CLUB report concerning the Boys' Club of Chula
Vista. Presently, they lease 1.5 acres of
land at the northeast corner of Fifth Avenue
and I Street and at a cost of $1 per year.
The term of the lease is 25 years, expiring
on December 31, 1980.
- 10 -
It was the opinion of the City Attorney that
the City could not sell the property and use
the proceeds to assist the Boys' Club in
relocating.
Mr. Bourcier recommended that the lease not
be extended after 1980. He added that the
present building could be moved, and suggested
relocating it, possibly, at Greg Rogers Park,
since: (1) the "clients" of the Boys' Club
are moving south and east from the present
location, and (2) if it can be determined that
the land at the park area will not be developed
for many years as a park.
Motion to accept report It was moved by Councilman Scott, seconded by
Councilman Egdahl and unanimously carried that
the report be accepted.
REPORT ON TAX SALE LAND ~ssistantCityManagerJBourciere~plainedthat the
County Tax Collector had advised his office
that two pieces of property are subject to
sale within the City. These are narrow
strips located between private properties and
are of no interest to the City. The staff
recommends no action by the Council.
Report accepted It was moved by Councilman Scott, seconded by
Councilman Hyde and unanimously carried that
the report be accepted.
REPORT ON JEFFERSON AND E Director of Public Works Cole submitted a
STREET OVERPASS written report to the Council in which he
discussed the construction of a pedestrian
overpass at this location. The cost of the
bridge was estimated at from $28,000 to
$35,000 with right-of-way costs at an additional
$3,000.
Mr. Cole noted the census of the area and the
results of a survey made on August 29, 1972,
of people crossing Jefferson Street at E
Street.
It was the recommendation of the Public Works
Director and the City Manager that the in-
stallation of the proposed pedestrian overpass
not be approved.
Clarence Knight Mr. Knight reviewed the history of his request
117 Jefferson Avenue for a signalized crossing in this area. He
commented that 20 months ago, there was a
death whereby a senior citizen riding an
electric car attempted to make a turn into
Jefferson. Mr. Knight referred to the
Safety Commission's recommendation for the
installation of an overpass at this inter-
section. He added that he believed the staff
could come up with a suitable solution to the
problem.
Mayor Hamilton assured Mr. Knight that the
Council was concerned with the problem, and
once all the intersections in the City are
opened up, off I-W5, there may be a decrease
in the traffic on E Street. At that time, the
Council will reconsider this problem.
Report accepted It was moved by Councilman Egdahl, seconded by
Councilman Scott and unanimously carried that
the report be accepted.
- 11 -
REPORT ON TRAFFIC Director of Public Works Cole reported that
PROBLEM ON THIRD AVENUE- he talked to the Business Manager, Mrs.
Work being done by Pacific June Kirkendahl, about this complaint. What
Telephone Company is happening is that a good portion of the
telephone lines coming out of the exchange
go through this manhole. The engineers are
manually splicing 10,000 pair cables.
Since this will go on for six more weeks,
the traffic lines will be blanked out and
narrower lanes will be installed.to accommodate
the traffic flow.
Report accepted It was moved by Councilman Hyde, seconded by
Councilman Egdahl and unanimously carried
that the report be accepted.
REPORT ON TARGET DATE ON Director of Planning Peterson submitted a
COMPLETION OF PARKS ELEMENT report to the Council in which he stated that
OF MASTER PLAN the target date for completion of the parks
element of the General Plan was January 1973.
During the period between September 9 and
December 26, 1972, the department lost six
staff members, and a shift of duties was
assigned to the existing staff~ thereby
leaving no one to work on this particular
project.
Mr. Peterson declared that the new estimate
for completion of the parks element will be
either late 1973 or early 1974.
Report accepted It was moved by Councilman Egdahl and
seconded by Councilman Scott that
the report be accepted.
Councilman Hyde voiced his concern about this
department not being able to keep abreast of
the workload in this area.
Substitute motion It was moved by Councilman Hyde and seconded
by Councilman Hobel that the City Manager be
directed to bring baek to the Council a report
on what is necessary to catch up on this
workload and keep abreast of it. The report
is due next we~k, if possible.
Motion carries The motion carried by the following vote, to-wit:
AYES: Councilmen Hyde, Hobel, Egdahl
Noes: Councilmen Scott, Hamilton
Absent: None
REPORT ON USE OF LIQUEFIED Director of Public Works Cole submitted a
PETROLEUM BY POLICE PATROL detailed report to the Council concerning
VEHICLES the use of LPG by Police patrol vehicles.
Mr. Cole noted the cost-saving factor involved
in the conversion, stating that it would be
an approximate net saving of $33,600 over a
projeeted 5 year period.
He added that LPG equipped vehicles have the
advantages of superior performance, less
maintenanee, longer engine life, less down
time, fewer unscheduled maintenance periods
and decreased pollution.
John Alden Mr. Alden showed pictures of the LPG unit.
Maintenance Supervisor In answer to Councilman Hobel's inquiries,
he stated there is an automatic shut-off
valve on the unit.
- 12 -
He added that there is a 6-1/2 to 7-1/2 cents
savings on a gallon of gas with the LPG units.
Police report Councilman Hobel expressed his concern that
there was no report from the Police Department.
Mr. Cole remarked that he met with the Chief
and his staff and they stated they support
the LPG.
Report accepted It was moved by Councilman Scott, seconded by
Councilman Hyde and unanimously carried that
the report be accepted.
CPO MEETING Councilman Hobel reported that the tentative
budget was discussed at the last meeting
(March 19). The amount is $1.7 million for
next year, which is up $100,000 from the
prior year.
Councilman Hobel indicated that if the County
did not join CPO, then Chula Vista's share
would be $3,000 more than last year.
Also discussed was a revised voting formula
proposed by San Diego, based on the County
not joining CPO. Under the new formula, Chula
Vista would have 10 votes.
Councilman Hobel stated that he attended a
meeting called by Supervisor Walsh concerning
the restructuring of local government. Public
hearings will be held in April on this.
EDGEMERE BRIDGE Councilman Hyde referred to the memo from the
City Clerk in which she stated that the
decision on the 2-lane or 4-lane bridge was
not resolved and was left to be considered at
the time the Council reviews the General Plan,
particularly the traffic element.
Councilman Hyde remarked that the Council took
action to make Second Avenue a two-lane road,
and it would not make sense to put in a four-
lane bridge.
Director of Public Works Cole noted the streets
that will be connected to the bridge on the
north. He added that the bridge is outside
the City limits.
Cmmc~lman Hyde sa~d he would make a motlon to
set this matter for a public hearing.
Councilman Scott stated that there were two
viable solutions to this problem:
1. Have the County make it a two-lane bridge; or
2. Have a four-lane bridge with two operable
lanes.
Motion to write letter to County It was moved by Councilman Egdahl and aecondedby
Councilman Scott that the staff write a letter
to the County of the Council's action to make
Second Avenue a two-lane street.
Motion carries The motion carried by the following vote, to-wit:
AYES: Councilmen Egdahl, Scott, Hobel, Hyde
Noes: Mayor Hamilton
Absent: None
- 13-
Request to change motion Councilman Hyde asked that the motion be
changed to ask the County to change its plans
from a four-lane bridge to a two-lane bridge
on Edgemere.
Councilman Egdahl indicated he would prefer
that this be offered as an amendment to the
motion.
Amendment to motion It was moved by Councilman Hyde and seconded
by Councilman Hobel, as an amendment to the
motion, that a letter be written to the County
indicating that the City Council of Chula
Vista would prefer that Edgemere bridge be a
two-lane bridge rather than a four-lane
bridge.
Discussion of motion Mr. Cole stated that the four-lane bridge
would not cost the City anything - the County
bears this expense.
If the Council determines not to widen Second
Avenue, and you have a four-lane bridge, then
the determination of how much traffic will be
generated is not the bridge, but Second Avenue.
Mr. Cole reported that there were only three
north-south local streets, and requested that
the Council not make this restriction. Mr.
Cole added that he is not prepared, at this
time, to give a full presentation on the
effects of the motion.
Motion fails The motion failed by the following vote, to-wit:
Ayes: Councilman Hyde
NOES: Councilmen Egdahl, Scott, Hobel,
Hamilton
Absent: None
Mr. Cole asked permission to come back to
the Council next week with a "time-frame" as
to the date he would be able to make a full
presentation on this issue.
LEAGUE OF CALIFORNIA CITIES Mayor Hamilton reported that the League dinner
DINNER MEETING meeting at which Chula Vista was the host city
had a very good attendance and an excellent
presentation was made by Rohr Industries con-
cerning the BART system.
WRITTEN CO~qUNICATIONS
Verified claim for damages - City Clerk Fulasz stated that Mr. Martin did
Mark Randy Martin, not ascertain the amount of the claim;
581 Moss Street, Apt. B therefore, it will be scratched from this
agenda and brought back to the Council at
the next meeting.
Verified claim for damages - Mr. Hammond has filed a verified claim for
Robert H. Hammond, damages in the amount of $65.S3. He claimed
4201 Bonita Road, Apt. 107-B that on February 18 and on March 9, 1973, a
Bonita golfer hit a ball through the front bedroom
window of Apartment No. 59 at the Vista Bonita
Apartments, and on March 11, 1973, another
window was broken in Apartment No. 3S by a
golf ball.
Claim denied It was moved by Councilman Scott, seconded by
Councilman Hobel and unanimously carried that
the claim be denied and that it be
tu~]ed over to the insurance carrier for
investigation.
- 14 -
Verified Claim for damages - Mr. Bernard L. Jenkins, 1027 Agate, San Diego,
Bernard L. Jenkins, and Karl H. Nicholason, 7327 Monte Vista,
1027 Agate, San Diego La Jolla, have filed a verified claim for
damages in the amount of $7,000. They state
that on January 30, 1973, at approximately
6:30 p.m. as they were driving in a westerly
direction on G Street near the intersection
of Colorado Avenue, their automobile went
into an unlighted open excavation which
existed on G Street as a result of apparent
maintenance being performed by the Street and
Sewer Division of the City of Chula Vista.
Claim denied It was moved by Councilman Scott, seconded by
Councilman Hyde and unanimously carried that
the claim be denied and be turned over to the
City's insurance carrier for investigation.
Request for waiver of A request was received for a waiver of under-
undergrounding of utilities - grounding of utilities in the Rancho Rios
Rancho Rios Subdivision Subdivision.
The City Clerk announced that she would notify
Mr. Worley, attorney for the developers, of
the City Code requirement which stipulates
that a public hearing be held and a fee of
$50 be paid.
Request to close an entrance to the Mr. Alvin Emig, President, Rancho de La
Bonita Cove subdivision at the east Nacion Association, 46 Sandalwood Drive, sub-
end of Sandalwood Drive mitted a request to the Council, on behalf
of the residents of the Bonita Cove subdivi-
sion, to close the entrance mt the east end
of Sandalwood Drive. He stated this would
protect the residents from increased commer-
cil developments, and make a more attractive
development of the vacant lot at this east
end of Sandalwood to a single family residence.
Mr. Emig furthur stated that the residents
would assume the cost of such an undertaking.
Motion to file It was moved by Councilman Scott and seconded
by Councilman Hobel that this matter be filed
until such time as the street that is going
to be built in conjunction with 1-80S, which
will be going in a southeasterly direction
(Bonita Glen Drive) is completed, which should
be sometime next year.
Motion carries The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde
Noes: Councilman Egdahl
Absent: None
Request for use of old Post Ms. Maurine Daga, Auxiliary President, Chula
Office building for rummage Vista Colt League, requested permission to
sale - Chula Vista Colt League conduct a rummage sale in the old Post Office
building on Saturday, June 2 or 9, 1973, from
10 a.m. to 4 p.m.
Motion for approval It was moved by Councilman Hobel that this
request be referred to staff for approval if
Motion dies all the conditions can be met. The motion died
for lack of a second.
Councilman Hyde indicated that a letter should
have been addressed to the owner of the property
and the Post Office officials.
Motion to write letter It was moved by Councilman Scott and seconded
by Councilman Hyde that a letter be sent to
Mrs. Dagan informing her of the proper channels
to which this request should be made.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hyde, Hobel,
Hamilton
Noes: Councilman Egdahl
Absent: None
Request from Chula Vista Chapter Mr. Richard Orey, De Molay Adviser, requested
of De Molay for permission to Council approval of a project to paint house
paint house numbers on curbs numbers on curbs beginning March 24 through
December 31, 1973, for a period not to exceed
five days. He stated they are a non-profit
organization and will not charge for the ser-
vice, but would accept donations. All City
requirement would be complied with.
Motion to approve It was moved by Councilman Scott, seconded by
Councilman Hobel and unanimously carried that
this matter be referred to staff and approval
be given to the request.
Request for implementation of
Junior Tennis program Mr. Vincent Whelan submitted a request for
the City to hire a Junior Tennis Advisor and
Instructor. Mr. Whelan noted the increased
interest in this sport in the City and listed
a number of duties and programs that the
Advisor would be responsible for. He added
that the only expense to the City would be the
salary of the Advisor, and all additional
monies for miscellaneous programs would be
borne by the Association and Booster Club.
Referred to staff It was moved by Councilman Scott, seconded by
Councilman Hyde and unanimously carried that
this be referred to staff and the Parks and
Recreation Commission.
ORAL COMMUNICATIONS
Bill Rayburn Mr. Rayburn questioned the signatures on amy
S70 K Street ~ ordinance adopted by the City Council.
City Attorney Lindberg explained that the
Mayor signs all ordinances, and the City
Clerk certifies it as to the vote and date
of approval.
Mr. Rayburn asked the Council to rescind the
resolution on agenda item No. 15 (tax over-
ride for Sweetwater Community College Oistrict).
(No action was taken by the Council.)
Mr. Rayburn stated that he would formulate a
l~ttcr and turn this over to the Grand Jury,
along with the resolution, as to their deter-
mination as to what was legal and what was not.
Ben Bunnell Mr. Bunnell discussed the Council's action
24 Prospect Court taken at a previous meeting regarding the
zoning change on Quintard, east of First
Avenue and west of Hilltop Drive.
- 16-
He asked that no building permits be issued
until the people in that area have exhausted
all possibilities on hand to convince the
Council that the area should be rezoned R-1.
The Council discussed its action taken last
week requesting the County to consider placing
a moratorium on building apartments in this
area.
Motion to bring back ordinance It was moved by Councilman Scott, seconded by
Councilman Hyde and unanimously carried that
an ordinance be brought back for a moratorium
for those areas that are contiguous with the
County for apartment building, in the hope
that the County will come forth with the
same moratorium until such time as a plan
can be worked out for a density for the entire
Kathryn Moore, Mrs. Moore reported that the South Bay Citizens
1134 Tobias Drive Planning Committee will be meeting Thursday,
March 22, at which time they will take action
to bring this matter before the County.
Mrs. Moore referred to the apartment complexes
being built east of White Front off Broadway.
ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:10
p.m. to the meeting scheduled for Tuesday,
March 27, 1973, at 7:00 p.m.
City Clerk
- 17-