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HomeMy WebLinkAboutcc min 1973/01/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNC~L OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 23~ 1973 The City Council met with the members of the Charter Review Committee at 6:00 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier Charter Review Committee Chairman John Kingston, Ada Thompson, Ken Members Present: Weimer, Lois Richards, David Kassebaum, Neil Haas Charter Review Committee Steven Pavka Members Absent: RECO~ENDED CHARTER AMENDMENTS - Mayor Pro Tempore Hyde called the meeting Charter Review Committee to order and asked Mr. John Kingston, Chairman of the Charter Review Committee, Mr. John Kingston, Chairman to present the Committee's recommendations to the Council. (Mayor Hamilton arrived late.) PROPOSITION A Proposition A consists of adding a fourth Limiting terms of office paragraph to Section 300 of the Charter, which would limit the terms of office for the Mayor and the Council to two consecu- tive terms. PROPOSITION B Proposition B consists of adding a fifth Numbering of Council seats paragraph to Section 300 of the Charter~ which would call for the numbering of Council seats. Mr. Kingston said the Committee discussed districting, but felt Chula Vista is not ready for it in terms of population, geog- raphy, or in terms of problem areas in the City. Mr. Kingston said the Committee is concerned with the word "Councilmanic" used in the City Attorney's draft of the propositions. The Committee thinks this word may be mis- leading or may cause confusion with district- ing. They recommend using the word "Council" in stead o f "Councilmanic" throughout all these propositions. PROPOSITION C Proposition C consists of adding a sixth paragraph to Charter Section 300, which would require that a candidate for Council must be elected by a majority vote. In the event of no majority winner, a runoff election would be held. PROPOSITION D Proposition D changes Charter Section 301. A person would only have to be a resident and qualified elector at the time of his election to run for office. The present Section requires a person to be a qualified elector for at least two years preceding his election. (Mayor Hamilton arrived at this time.) PROPOSITION E Proposition E consists of the following changes to Charter Section 304: 304a - word change noting the full-time nature of the Office of Mayor; 304b - addition of the words "or his designated representative shall" and deletion of the word "may"; 304c - word addition noting full-time capacity of the Mayor's position and setting an annual salary of $18,000 payable at the rate of $1500 monthly. Mr. Kingston noted some of the considera- tions the Committee made in regard to setting this salary. He mentioned the annual average minimum slary for City department heads is $17,188; the maximum is $20,040; both figures exclude the City Manager's salary. Section 304d Mr. Kingston stated the Committee unani- mously carried a motion that no change should take place in Section 304d. The Committee does not want to see any con- fusion caused by ~ change in this sub- section that may adversely effect the full- time mayor proposition. PROPOSITION F Proposition F offers the alternatives of retaining the present Mayor or calling for a special election for Mayor if the full- time mayor proposition is passed. Mr. Kingston said the Committee recommends striking the last three lines in the City Attorney's proposed wording on this proposi- tion. PROPOSITION G Proposition G calls for the deletion of the first paragraph of Charter Section 807, which deals with the suspension of employees without right of appeal. Mr. Kingston indicated the Committee feels this proposition is very important. Last year the Committee made a similar recommenda- tion but noted at that time they had not been able to discuss the matter in detail. This year the Committee has heard testimony from the three employees' organizations and three representatives from the staff. PARTICIPATION IN DRAFTING Mr. Kingston indicated some of the Committee BALLOT ARGUMENTS members would like to help draft the ballot arguments for these propositions. COMPENSATION FOR BOARD AND Mr. Kingston indicated the Committee had COMMISSION MEMBERS reviewed Councilman Hyde's letter asking that consideration be given to compensate board and commission members, but has deferred this matter to a future Charter Review Committee. CIVIL SERVICE COMMISSION WORDING Mr. Kingston said the Committee thinks the IN THE CHARTER Charter sections dealing with the Civil Ser- vice Commission should be reviewed by perhaps a joint group of the Commission itself, a Charter Review Committee and the City Attorney. The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. PRESENTATION OF PROCLAMATION - Mayor Hamilton presented a proclamation naming "JAYCEE WEEK" the week of January 14 through January 20, 1973 as "Jaycee Week" to Mike Bailey, Chairman, Chula Vista Jaycees. REPORT ON FINANCIAL STATUS - Mr. Harvey Berman, member of the Board of CHULA VISTA VISITORS AND Directors, referred to the written report CONVENTION BUREAU submitted to the Council on January 19, 1973, made by E. Glenn Youmans, C.P.A. The report was made for the period of October 1 through December 31, 1972, showing $657.14 disburse- ments in excess of receipts and funds total- ling $2,237.51 on deposit in checking accounts. New corporation City Manager Thomson questioned Mr. Berman as to accounts receivable and whether the funds received from selling stock for the new corporation have b~en included in this account. Mm. Berman confirmed the fact that a new corporation was being formed; this will be completed in two weeks. However, no funds have been received to date. Report accepted It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the report be accepted, subject to any further comments the staff may have at the Council's next meeting. PUBLIC HEARING (CONTINUED) - On ~ecember 12, 1972, the Council adopted CONSIDERATION OF IMPROVEMENTS Resolution No. 6685, giving notice of inten- TO BE MADE UNDER THE PROVISIONS tion to order improvements to be made under OF THE IMPROVEMENT ACT OF 1911 the provisions of the 1911 Act to the two TO THE ALLEY LYING BETWEEN alleys. The matter was held over for one "H" STREET AND OTIS STREET week to permit the Director of Public Works FROM BROADWAY TO SMITH AVENUE, to present an oral report on the distribution AND THE ALLEY BETWEEN FOURTH of assessments for the affected property AVENUE AND GLOVER AVENUE FROM owners. "H" STREET TO MANKAT0 STREET Mr. Cole reported that the estimated costs were on file in his office; however, no calls were received from any of the property owners affected. It was noted by the Council that the assess- ments were lower than that originally told to the property owners. Public hearing reopened This being the time and place as advertised, the public hearing was reopened. Petition of protest City Clerk Fulasz noted, for the record, the letter of protest received from Mr. and Mrs. Henry Austin, 530 Clover Avenue, which consti- tuted 4.729% protest of the improvement dis- trict. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6719 - ORDERING Offered by Councilman Egdahl, the reading of WORK TO BE DONE AND IMPROVEMENTS the text was waived by unanimous consent, TO BE MADE UNDER THE IMPROVEMENT passed and adopted by the following vote, to- ACT OF 1911 TO THE ALLEY LYING wit: BETWEEN "H" STREET AND OTIS STREET AYES: Councilmen Egdahl, Scott, Hobel, FROM BROADWAY TO SMITH AVENUE, AND Hamilton, Hyde THE ALLEY BETWEEN FOURTH AVENUE AND Noes: None '~LOVER.~VB~J~ FROM "H" STREET TO Absent: None MANKATO STREET PUBLIC HEARING - CONSIDERATION Councilman Hobel commented on having the next OF VARIOUS REVISIONS TO THE t~p ite~a on the. s~me agenda, and the length CHULA VISTA GENERAL PLAN of time these items ~ould take. He noted that the Council has scheduled a lengthy public hearing for tomorrow, Wednesday, January 24, 1973. Acting Director of Planning Williams confirmed the fact that the staff presentation for both items would be quite lengthy. Motion for continuance It was moved by Councilman Hobel and seconded by Councilman Scott that the public hearing on the consideration of the various revisions to the Chula Vista General Plan be rescheduled to the meeting of February 20, 1973. Motion carried The motion carried by the following vote, to- wit: AYES: Councilmen Hobel, Scott~ Hamilton, Egdahl Noes: Councilman Hyde Absent: None Councilman Hyde indicated he felt one of the two public hearings scheduled for this meet- ing should be considered by the Council at this meeting and continue the other to a date certain. RESOLUTION REVISING THE CHULA (Continued to the meeting of February 20, 1973.) VISTA GENERAL PLAN IN ACCORDANCE WITH RECO~4ENDATIONS OF THE PLANNING CO~ISSION OF THE CITY OF CHULA VISTA, ADOPTED BY RESOLUTION NO. PCM-72-26~ ADOPTED ON THE ELEVENTH DAY OF DECEMBER, 1972 PUBLIC HEARING - CONSIDERATION It was moved by Councilman Hobel and seconded OF VARIOUS ZONE CHANGES TO by Councilman Scott that the public hearing BRING ZONING INTO CONFORMANCE on the consideration of the various zone WITH THE CHULA VISTA GENERAL changes to bring zoning into conformance with PLAN the Chula Vista General Plan be continued to the meeting of February 27, 1973. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Scott, Hamilton, Egdabl Noes: Councilman Hyde Absent: None ORDINANCES - ADOPTING CHANGES (Continued to the meeting of February 27, 1973.) OF ZONE ON THE VARIOUS PROPERTIES PUBLIC HEARING - INTENTION TO On January 9, 1973, the City Council set the VACATE A DRAINAGE EASEMENT date of January 23, 1973, as the date for LOCATED AT 534 BROADWAY the public hearing on the proposed vacation of the drainage easement. Plans have been prepared by the developer of the shopping center for the construction of a new drainage structure along an alternate alignment to that which exists. An easement has been executed and a surety bond has been provided. The Director of Public Works stated that the existing easement is no longer required for public use; therefore, he recommended the easement vacation. - 4 - Public kearing opened This being the time and place as advertised, Ma~or Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the hearing was declared closed. RESOLUTION NO. 6720 - Offered by Councilman Scott, the reading of ORDERING THE VACATION OF the text was waived by unanimous consent, AN EASEMENT FOR DRAINAGE passed and adopted by the following vote, PURPOSES, LOCATED AT to-wit: 534 BROADWAY AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None UNANIMOUS CONSENT ITEMS RESOLUTION NO. 6721 - Offered by Councilman Hyde, the reading of ACCEPTING GRANT DEED TO the text was waived by unanimous consent, CERTAIN REAL PROPERTY passed and adopted by the following vote, FROM IGNACIO R. ARELLANO to-wit: AND CELIA A. ARELLANO AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6722 - Offered by Councilman Hyde, the reading of REQUESTING THE COUNTY the text was waived by unanimous consent, SUPERINTENDENT OF SCHOOLS passed and adopted by the following vote, TO CONSOLIDATE THE SPECIAL to-wit: ELECTION OF SAID CITY TO AYES: Councilmen Hyde, Egdahl, Scott, CONSIDER CERTAIN CHARTER Hobel, Hamilton AMENDMENTS AND AN ORDINANCE, Noes: None TO BE HELD ON APRIL 17, 1973, Absent: None WITH THE GOVERNING BOARD MEMBER ELECTION TO BE HELD ON THE SAME DATE RESOLUTION NO. 6723 - Offered by Councilman Hyde, the reading of DECLARING COUNCIL'S INTENTION the text was waived by unanimous consent, TO PLACE UPON THE BALLOT passed and adopted by the following vote, CERTAIN CHARTER AMENDMENTS to-wit: AND AN ORDINANCE OF THE CITY AYES: Councilmen Hyde, Egdahl, Scott, OF CHULA VISTA AT A SPECIAL Hobel, Hamilton ELECTION TO BE HELD ON APRIL Noes: None 17, 1973, AND SETTING A PUBLIC Absent: None HEARING FOR TUESDAY, FEBRUARY 6, 1973, FOR THE CONSIDERATION OF SAID ACTION RESOLUTION NO. 6724 - Councilman Scott stated that his cousin owns EXTENDING TIME FOR THE this contracting business; however, the City COMPLETION OF HILLTOP DRIVE- Attorney has ruled that there would be no PALOMAR STREET WIDENING - conflict of interest. GAS TAX PROJECT NO. 147 Director of Public Works Cole reported that an extension of time (nine days) has been requested by W. H. Ledbetter and Sons, con- tractor for this widening project, due to delays caused by inclement weather. Director Cole recommended the extension be granted; this will extend the completion date to February 14, 1973. 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 Noe~: None Absent: None CONSIDERATION OF TWO-WAY In a report to the Council, Director of LEFT TURN LANE ON BROADWAY, Public ~orks Cole explained that the TOPICS "G" TO "H" STREETS study indicated that a two-way left turn lane was desirable on Broadway to help al- leviate accidents caused by mid-block ]eft turns. The Broadway Association opposed the left turn lanes because of need for the on- street parking which would be eliminated in front of some smaller businesses along Broadway. The Safety Commission unanimously approved the installation of the continuous left turn lane. The tenants and property owners in this area have been notified that this matter would be considered by the Council at this meeting. Mayor Hamilton asked if anyone in the audience wished to comment. No one responded. Report accepted It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the report be accepted and the staff be directed to implement the project. ACKNOWLEDGEMENT OF STUDENTS Mayor Hamilton observed the number of students in attendance at this, as'well as previous meetings. He informed them that during any of the breaks in the meeting, the members of the Council would welcome the opportunity of meeting with them and answering any of their questions. REPORT ON CITY BUS City Manager Thomson referred to the report SERVICE - RIDERSHIP submitted to the Council which showed a ridership of 141,091 passengers for the period July 1971 through June 1972 on the Aztec Bus Lines. During the first six months of the current fiscal year, July 1, 1972, through December 31, 1972, the total ridership was 81,973, or an increase of 16% over the same period a year earlier. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. REPORT ON AMBULANCE City Manager Thomson referred to the report SERVICE IN THE CITY Jack Ratelle,, Administrative Assistant, submitted to the Council, in which he reviewed the history of the ambulance service and the present problems. It was his recommendation that: 1. The response rate be increased from $30 to $40; 2. Provide for reimbursement from the City of Chula Vista on emergency-generated receivables of 50% of same, or $5,000, ~whichever is less; - 6 - 3. Revise the present ordinance to allow aFy ambulance service to transport patients from the two local hospitals to County University Hospital. Councilman Scott's opinion Councilman Scott discussed the problem of transporting indigents from the Chula Vista kospitals to the County hospital. He stated this was a County problem and Chula Vista should not be put in the situation of having to subsidize the ambulance company for this service. It would be his suggestion that two certificates of convenience be issued: (1) for City service (pick-ups and emergency ser- vice; and (2) for inter-hospital service. In this way, it would put the burden of the re- sponsibility where it belongs. City Attorney's comments City Attorney Lindberg commented on the present City service and the ordinance allowing other ambulances to come into the City. He stated that the City could adopt a policy excluding those persons that are either indigents or are transferred from the Chula Vista hospitals to the University Hospital for specialized care. In answer to Councilman Egdahl's inquiry, Mr. Lindberg remarked that this would, in no way, prohibit anyone from obtaining medical help. Under the Charter, a hospital is obligated to administer emergency aid to any patient. Recommendation for reimbursement City Manager Thomson explained Item #2 - for service Reimbursement for Emergency-Generated Receivables. This would be for the non- collectible calls incurred by the vendor in response to police requests for ambulance service within the City limits. Motion to call It was moved by Councilman Scott, seconded public hearing by Councilman Hyde and unanimously carried that: 1. A public hearing be called to consider the proposed rate increase from $30 to $40; and 2. That the City Council not approve the second recommendation: "to provide for reimbursement from the City of Chula Vista on emergency-generated receivables of 50% of same, or $5,000, whichever is less; and 3. Provide for two Certificates of Convenience: a. A general Certificate of Convenience; b. A Certificate of Convenience for inter-hospital transfers. REPORT ON REQUEST FROM GUAVA City Manager Thomson noted that a request AVENUE CHRISTMAS CO~qlTTEE was received from Harriet Grant, Secretary- Treasurer, Guava Avenue Christmas Committee, for any extra candy canes the City will no longer be using in its Christmas displays. Motion to grant request It was moved by Councilman Scott, seconded bY Councilman Hebel and unanimously carried that the request be approved. REPORT ON PUBLIC AVAILABILITY Cit~ Manager Thomson reported that representa- OF SPORTS WORLD ~NVIRONMENTAL tive~ Of Sporta World have loaned the City IMPACT REVIEW two copies of the Environmental Impact Reports. These have been put over in the Library for a 24-hour loan basis. Mr. Thomson noted that the copies available in the City Clerk's office have such a high usage and call that it prohibits her from loaning them out. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the Council hold an Executive Session for personnel reasons, after "Oral Communications." DAY OF MOURNING Mayor Hamilton announced that Thursday, January 25, 1973, is the official day of mourning for Ex-President Lyndon Johnson. The City Hall will be closed on that day. LETTER FROM SAN DIEGO Mayor Hamilton briefly discussed the letter TRANSIT CORPORATION received from San Diego Transit Corporation in which they state that to continue the present level of service, it would cost the City a net of $123,802. Mayor Hamilton asked that this item be discussed at the Council Conference scheduled to consider bus transportation. COUNCIL CONFERENCE RESCHEDULED It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the following items, scheduled for the Council Conference of January 24, 1973, be rescheduled for January 31, 1973: 1. Minibus system and San Diego Transit request 2. Revenue sharing 3. Open Space District - E1 Rancho del Rey PEACE NEGOTIATIONS Mayor Hamilton reported that the President of the United States has just announced that there will be peace negotiations in Viet Nam, effective this Saturday, January 27, 1973. DIAL-A-BUS Councilman Scott questioned the "dial-a-bus" system that E1 Cajon is proposing. He asked if staff could obtain more information on this. City Manager Thomson indicated he would have a report on this ready for the Council Confer- ence. COMPREHENSIVE PLANNING ORGANIZATION Councilman Hobel remarked that CPO will be considering the voting formula at their next meeting. Council discussion ensued as to the percent- age requested by th~ County. Application for SB 325 funds Councilman Hohel reminded the Council that the deadline for the City to file application for its share of the funds is April 1, 1973. Motion for Council position It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the City Council reaffirm its stand on the present weighted formula. Discussion Under discussion, Councilman Hyde remarked that if the County wanted to join CPO, they could do so on the thirty percent level. Councilman Egdahl declared that if the County did not join, he felt the present formula should be restudied. DATE CERTAIN FOR Councilman Hyde commented that he felt the COUNCIL CONFERENCES Council should earmark a specific day that would be set aside for Council Conferences. In this way, the m~mbers of the Council could plan their calendar activities around this date and there would be no conflict with other appointments. Motion to designate day It was moved by Councilman Hyde and seconded for Conferences by Councilman Egdahl that the Council estab- lish a second specified meeting date for Council meetings to be used when necessary for a second meeting - that date to be Thursdays at 3:30 p.m. Discussion Discussion followed as to the need for the motion. Mayor Hamilton commented on the fact that the public is now aware that Wednesday afternoons are generally scheduled for Council Conferences and he would like to see it left this way. Motion withdrawn Councilman Hyde stated he would withdraw his motion; Councilman Egdahl agreed to the second. COASTAL COMMISSION In answer to Councilman Egdahl's query, City Attorney Lindberg indicated he is working on a report to be submitted to the Council re- garding the City's lack of representation on this commission. EXCUSED FROM MEETING It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that Councilman Egdahl be excused from the meeting of February 6, 1973. (Councilman Egdahl abstained from voting.) WRITTEN CO~MUNICATIONS Verified claim for damages - Joan M. Garrison, 908 Myra Avenue, has filed Joan M. Garrison a verified claim for damages in the amount of $15S.00. She claimed that on October 30, 1972, at 3:00 p.m., a break occurred in the sewage line under the sidewalk which caused a backup in her residence~ - 9 - Claim denied It ~a5 moved by Councilman Scott, seconded by C0unc$.l~an Hyde and unanimously carried that the claim he denied so tkat it can be turned over to the City's insurance carrier for investigation. Request to hold Art Mart - Mrs. Dorothy R. Slater, President, Chula Chula Vista Art Guild Vista Art Guild, Inc., requested permission to~h01d an Art Mart on February 11, 1973, at the corner of Fourth Avenue and F Street. Mrs. Slater stated that if it rains, they would request the Art Mart be held on the 18th. Also, as in the past, they are asking for a waiver of the license fee. Request granted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the request be granted, if approved by the City Manager. ORAL CO~UNICATIONS Kathryn Moore Mrs. Moore, Chairman, announced that the South Bay Citizens Comprehensive Health Planning Organization Planning Committee will, be holding a meeting at Loma Verde 1134 Tobias Drive Recreation Center on Tuesday, January 30, 1973, at 7:30 p.m. to organize a citizens group which will have input into the health planning of the entire San Diego and Imperial Counties. Mrs. Moore reported that she attended the Montgomery Civic Council meeting last evening (January 22) and stated there is "much dis- sensi~n in the ranks." She added that she would like to meet with the Mayor soon to discuss annexation. EXECUTIVE SESSION The Council recessed to Executive Session at 8:SS p.m. and the meeting reconvened at 9:12 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:13 p.m. to the meeting scheduled for Wednesday, January 24, 1973, at 3:00 p.m. in the Council Chamber to consider the tentative map of Apollo 3 Subdivision. City Clerk 1/23/73 - 10 -