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HomeMy WebLinkAboutcc min 1973/01/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday January 16, 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 Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Senior Civil Engineer Harshman, Acting Director of Planning Williams, Police Chief Winters, Fire Chief Smithey, Director of Parks and Recreation Hall 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 Scott and unanimously carried that the minutes of the meeting of January 9, 1973, be approved, copies having been sent to each Councilman. PRESENTATION OF HUMANITARIAN Mayor Hamilton presented the first Humanitar- AWARD ian Award to Mr. Charles Boucher. Mrs. Margaret Helton, Chairman, Human Relations Commission, made the oral presentation, noting the work that Mr. Boucher has done in the field of humanitarianism. PROCLAIdATION -"ttUMAN Mayor Hamilton presented the Chairman of the RELATIONS DAY" Human Relations Commission, Mrs. Helton, with a proclamation declaring the day of January 15, 1973, as "Human Relations Day." REPORT ON FINANCIAL STATUS OF Mr. Don Richie, Board member of the Visitors THE VISITORS AND CONVENTION and Convention Bureau, stated the report BUREAU was not ready and requested another week's continuance on the matter. Mayor Hamilton reminded Mr. Richie that the written report must be ready for Council mailing on Friday. Mr. Richie indicated this would be no problem. Continuance granted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be continued for one week. PUBLIC HEARING - CONSIDERATION In a report to the Council, Director of OF IMPROVEMENTS - IMPROVEMENT Public Works Cole explained that on December ACT OF 1911 - ALLEY BETWEEN "H" 12, 1972, Council adopted Resolution No. AND OTIS FROM BROADWAY TO SMITH 6685, giving notice of intention to order AVENUE, AND ALLEY BETWEEN FOURTH improvements to be made under the provisions AND GLOVER FROM "H" TO MANKATO of the 1911 Act to the two alleys. All of STREET the property ovrners within the districts have been notified. Public hearing opened This being the time and place as advertised, the public hearing was opened. Mrs. Henry Austin Mrs. Austin stated she and her husband oppose 530 Glover Avenue the improvement of the alley -- that it would benefit no one except the Service Club at the corner and the bank. The area is residen- tial and she felt it should be the obligation of the City to service the area and keep it serviced. Letter of protest noted City Clerk Fulasz noted, for the record, that her office did receive a letter of protest from Mr. and Mrs. Austin. Their property constitutes 8,514 square feet, or 4.729% of the protest. Mrs. Austin con~nented that the residents of the area have never been apprised of the actual amount of money this would cost them. A man from the Service Club gave them an estimated figure. Jim Pike Mr. Pike commented that he owns the property 976 Vista Way at 522 Glover Street and is one of the signers of the petition. He, also, was visited by a man from the Service Club and was told that the cost would not exceed $800. If his cost is to exceed that amount, he, too, would pro- test. Cost of project City Attorney Lindberg, in answer to the Council's inquiries, stated that after the project has been approved by the Council, the City goes out to bid, and the actual cost is obtained at that point. This cost is then spread as an assessment among the property owners. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the public hearing be continued for one week and the staff present the figures to the Council on the estimated lot cost. Discussion City Manager Thomson remarked that if the Council wants the staff to notify the pro- perty owners of this cost figure, he would request the matter be continued for two weeks. Councilman Scott indicated the staff has this information and his motion is to make these figures available to the Council. A gentleman from the audience said he was a property owner of the other alley in question and all he received was a round- figure estimate of his projected cost of the improvement. Motion amended Councilman Scott amended his motion to state that the staff is to include the cost figures for both alley improvements. Coun- cilman Hyde agreed to the second and it car- ried unanimously. RESOLUTION APPROVING AND ADOPTING (Continued for one week) PLANS AND SPECIFICATIONS FOR THE ~MPROVEMENT OF AN ALLEY LYING BE- tWEEN "H" STREET AND OTIS STREET FROM BROADWAY TO SMITH AVENUE AND THE ALLEY BETWEEN FOURTH AVENUE AND GLOVER AVENUE FROM "H" STREET TO MANKATO STREET, AND ORDERINGTHE DIRECTOR OF PUBLIC WORKS TO ADVER- TISE FOR BIDS FOR C05~4ENCEMISNT OF THE PROPOSED IMPROVEMENTS AND AUTHOR - IZING CITY PAYMENT OF INCIDENTAL EXPENSES -2- RESOLUTION NO. 6714 - The applicant has signed a Maintenance APPROVING AN UNCONTROLLED Agreement for Land Development involving EMBANKNENT AGREEMENT uncontrolled embankment, which stipulates BETWEEN THE CITY OF CHULA that the fill area is not eligible for VISTA AND FR/UNK E. FERREIRA - building construction without soils analysis 200 BLOCK OF BONITA GLEN and foundation design. DRIVE This matter was reviewed by the Environmental Review Committee on January 4, 1973, and a determination was made that no significant environmental impact would be created by the proposed project. No appeals were filed during the posting period for the Negative Declaration which ended January 11, 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 Noes: None Absent: None RESOLUTION NO. 6715 - In a report to the Council, Director of Public APPROVING AGREEMENT BET;gEEN Works Cole explained that the construction THE CITY OF CHULA VISTA of Brandywine Avenue from Telegraph Canyon AND THE COUNTY OF SAN Road to approximately 2,300 feet south and DIEGO FOR THE IMPROVEMENT a portion of Dora Lane is necessary to OF BRANDYWINE AVENUE AND provide access to the proposed Chula Vista DORA LANE Community Hospital. Portions of Brandywine Avenue and Dora Lane lie within the juris- dictional limits of both the City of Chula Vista and the County of San Diego. The agreement places the project under the control of the City in order to both speed and simplify the project. The agreement will be submitted by the County staff to the Board of Supervisors for their approval. 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. 6716 - Director of Public Works Cole reported that ESTABLISHING THE POLICY in the construction of most projects, cer- OF THE CITY CONCERNING tain changes must be made in the contract to THE ADMINISTRATIVE obtain the finished product in its originally AUTHORITY OF THE DIRECTOR desired form. The changes are of a minor OF PUBLIC WORKS TO APPROVE nature which do not change the scope of the CHANGE ORDERS project or in any way affect the public health, safety and welfare. It is recommended, therefore, that limited authority be given to the Director of Public Works to approve these minor changes, based on certain criteria. Items that are suffi- ciently important will be brought to the City Council for consideration. 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: - 3 - AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6717 - In a report to the Council, Director of ACKNOWLEDGING THE SOLE BID Public Works Cole stated that only one bid FOR POLICE PISTOL RANGE AND was received which was submitted by George REJECTING SAID BID AND Taylor Construction Company in the amount of FINDING THAT CERTAIN WORK $27,350. FOR THE CONSTRUCTION OF SAID POLICE PISTOL RANGE BE Because of the lack of interest in bidding AND THE SAME IS HEREBY this project and the special nature of the EXCEPTED FROM THE REQUIRE- type of facility being installed, it is MENTS OF SECTION 1109 OF THE recommended that the Council accept and re- CHARTER OF THE CITY OF CHULA ject the bid from George Taylor Construction VISTA AND THAT COMPETITIVE Company BIDDING FOR THE ACQUISITION OF MATERIALS AND EQUIPMENT AND Mr. Cole further recommended that the work SERVICES FOR THE COMPLETION OF be performed under City direction and author- SUCH PROJECT IS IMPRACTICAL AND ization be given to the Director of Public THAT SAID WORK MAY BE PERFORMED Works to proceed with the project on a force MORE ECONOMICALLY BY CITY account basis and that the expenditure not WORK FORCES exceed $22,000 to complete the work. 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. 6718 - Director of Parks and Recreation Hall reported APPROVING USE AGREEMENTS that the agreements have been signed by all BETWEEN THE CITY OF CHULA the Leagues. The agreements stipulate the VISTA AND THE CHULA VISTA practice areas and game sites each league BOBBY SOX LEAGUE: SOUTH BAY will use during the 1973 playing season. SENIOR AND LITTLE LEAGUE: CHULA VISTA NATIONAL SENIOR AND LITTLELEAGUE: SOUTH PONY AND CHULA VISTA COLT LEAGUE: ~ND PARKVIEW SENIOR, LITTLE AND BIG LEAGUE Resolution offered Offered by Councilman Hyde, the reading ~f 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 REQUEST FOR DETERMINATION City Attorney Lindberg referred to his report OF APPLICABILITY OF THE to the Council in which he discussed the CHANGE IN GENERAL PLAN TO legality of the requirement for payment LARKHAVEN SUBDIVISION UNIT 2 of school fees prior to issuance of building permits. It was his opinion that the sub- divider could be directed to provide the necessary educational requirements created by his development, based on the City's amendment to the General Plan and the new environmental impact report requirements. Council discussion The Council discussed the fee charged by the school districts; the City of San Diego's 600-10 policy; and the position the Council is placed in - to take the representation made by the school district as being true facts, or else the Council would be "caught in the middle" on each and every case. Motion for determination of It was moved by Councilman Scott and seconded applicability of Council by Councilman Hyde that the Council determi- policy nation is that Resolutions 6140 and 6671 be applicable to the Larkhaven Subdivision. Donald R. Worley, Attorney Mr. Worley stated he is representing American Seltzer, Caplan, Wilkins & McMahon ~using Guild and referred to the letter he 3003 Fourth Avenue sent the Council in which he discussed the San Diego Larkhaven Subdivision school situation. Mr. Worley declared it was their contention that there is sufficient capacity to serve the elementary and secondary school students in this area. He explained that Rohr and Loma~Verde schools could go to year-round operations, and plans are being made for a new high school for the secondary school students in this area. Fees charged by Discussion followed concerning the flat fee school districts required by the school districts. Mr. Worley claimed that the school districts should not be allowed to determine schools to be unavailable unless the developer pays the flat fee, without re~ard for whether or not there is school capacity near the specific subdivision or whether there are measures which the school district can take to create such capacity (e.g. year-round sessions). He added that tho San Diego school district policy was a good one - they have published their standards and the developer knows just where he stands. Mr. Worley further added that the developer is faced with: (1) If a developer takes up any capacity at all, every seat he takes up he must pay for because he is taking up a capa- city of the district; and the developer feels he has no moral obligation to pay for taking up the capacity because capacity is supposed to be taken care of by other things, i.e., bond issues. (2) The other situation is what he calls a "genuine emergency," and is a situation where there won't be any facilities, and there is no money for any facilities for a specific~develop~r; therefore, it is not inequitable that the developer pay for these facilities. Motion carried The motion made by Councilman Scott that the ~esolutions passed by the Council (6140 and 6671) be applicable to Larkhaven Subdivision carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, Egdahl, Hobel Noes: Mayor Hamilton Absent: None Mayor Hamilton expressed his concern over the fact that the school districts have no policy as to the availability of classrooms or space. - 5 - ORDINANCE NO. 1440 - This ordinance increases the membership of INCREASING MEMBERSHIP OF the Commission from three to five members. PARKING PLACE COMMISSION TO It was placed on its first reading at the FIVE MEMBERS - SECOND READING meeting of January 9, 1973. AND ADOPTION Ordinance placed on second It was moved by Councilman Hobel that this reading and adoption ordinance be placed on 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 llobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None COUNTY PROPOSAL TO PROVIDE City Manager Thomson submitted a letter to ANIMAL SHELTER SERVICES the Council from H. C. Johnstone, D.V.M., County Veterinarian, in which he stated that the Board of Supervisors approved a plan to acquire a new South County Shelter site near the intersection of Highway 54 and Sweetwater Road. The shelter will provide 200 kennel runs, large animal pens and ancillary facil- ities. Mr. Johnstone noted, in his letter, the services that would be provided. Motion for staff to meet It was moved by Councilman Hyde, seconded by with County Councilman Hobel and unanimously carried that the staff be directed to pursue this further with the County and see whether or not it would be wise for the City of Chula Vista to enter into an agreement with the County to participate in such services. Mrs. Ruth Webb Mrs. Webb stated she is a member of the 6452 Senator Drive SPCA. They oppose having the County provide San Diego the services for Chula Vista. Mrs. Webb documented the history of the County-proposed services ~ince 1967. The SPCA opposed having the County take the dogs after Chula Vista picks them up; objects to the increased license fees (from $3.00 to $5.00); complaints have been received about the Spring Valley pound because of the overcrowded conditions; feels the County is becoming too impersonal and trying to hontrol too many things; oppose the sale of animals for research. Mrs. Webb requested that the City of Chula Vista give a cheaper lifetime license fee for spayed female dogs and neutered male dogs. RECESS A recess was called at 8:37 p.m. and the meeting reconvened at 8:50 p.m. LENGTH OF HAIR WORN At the last meeting, Mr. Carl C. Strickland, BY PATROL BOYS Faculty Advisor, Harborside School Safety Patrol, wrote a letter to the members of the Council complaining about the require- ments of the hair length of the patrol boys. The matter was referred to staff for report. City Attorney Lindberg presented a memo to the Council in which he stated that the question of the hair length is, in all probability, illegal and unconstitutional. However, the School Safety Patrol is created by the State of California in accordance with - 6 - the provisions of the Education Code. The Chief of Police cooperates in establishing necessary rules for an efficient operation, but the full responsibility for the promul- gation of the rules rests with the school district. Motion to file It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that the matter be filed and that the matter concerning the permitted hair length of School Safety Patrol boys be undertaken by the staff and representatives of the County Counsel's office and the school dis- trict. REPORT ON PHYSICAL Fire Chief Smithey submitted a report to FITNESS PROGRAM the Council in which he discussed the fire- man's operation, noting that it requires "physical performance above average in manipulative ability, endurance and physical conditioning." It was his recommendation that the City participate in the program offered by the U.S.C.D. Department of Physical Education, which is geared specifically for the fire service. It includes a medical examination for each member and an individually tailored program taking into consideration the indi- vidual's fitness profile. It was further recommended that exercise bicycles '(five) and ex~r~ise ~a~s be pur- chased as basic equipment necessary for an effective program. The program cost would amount to $3,774 which fund could be handled within the existing budget. Motion to approve It was moved by Councilman Scott, seconded by Councilman }lobel and unanimously carried that the program be approved. REPORT ON LEFT TURN Senior Civil Engineer Harshman referred to SIGNALS ON "J" STREET the report submitted to the Council from AT BROADWAY the Traffic Engineer in which he noted the traffic pattern in the area and the cost of the signalization. He stated that to place another actuated signal at this in- tersection would impede the flow along this artery. Mr. Harshman noted the average speeds encountered at this intersection along with those on E and H. To take this intersection out of the interconnect system would be a serious mistake and it would be the recommendation of the Traffic Engineer that a revision of this type be held in abeyance until there is a clearly demon- strated need. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON LEGALITY OF City Attorney Lindberg commented that in REQUIRING TOPOGRAPHIC neither the P-C zone requirements nor the MODEL OF SPORTS WORLD environmental impact report requirements is there a reference to the requirement of topographic models. - 7 - To require a developer to furnish a model based on what the site will look like after development in terms of location of build- ings, character of land, landscaping, design, etc., would require a substantial period of time at a substantial cost, even though it would be of great assistance in terms of evaluation of the project as set forth in the P-C zone. Motion for model It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a request be made to Dr. Bloom to provide a rough topographical model of that area where the dirt is going to be moved around (shopping center and arena) - the specific area involved in the annexa- tion of 300+ acres. Cost of model Acting Director of Planning Williams noted the costs involved in the construction of a model. He commented that the original model made by the 0tay Land Company was given to Dr. Bloom. To construct a model, as indicated by the motion, would take from six to eight weeks as the company making the model would need a final grading plan. LAFCO APPROVAL OF Mayor Hamilton announced that the Local ANNEXATION Agency Formation Commission unanimously approved the 300+ acre annexation to Chula Vista (Sports World). LEAGUE OF CALIFORNIA Mayor Hamilton reminded the Council to MEETING make their reservations for the League dinner to be held Thursday evening at Vacation Village. ACTION OF CPO REGARDING Councilman Hobel reported that the Compre- REQUEST OF SAN DIEGO hensive Planning Organization approved the TRANSIT request of San Diego Transit. The weighed formula was used to great advantage. Coun- cilman Hobel commented that if CPO is going to survice for very long, there will have to be some changes made in the weighed vote formula. POLICE DEPARTMENT PRAISED Councilman Hobel commended the Police Depart- ment on their quick action in handling the situation that occurred in the area around Third and J Streets in which three blocks were without lights for a period of time. He felt the Police force deserved credit, as they were on the scene and directing traffic within five minutes of the occur- rence. WRITTEN COMMUNICATIONS Verified claim for damages - A verified claim for damages was filed by Ernest Adolph Becker: Mr. Becker in the amount of $546.00. He 5795 Roanoke claimed that on November 19, 1972, at 9:24 San Diego a.m., his car was struck in the center of the passenger side by a Chula Vista Police vehicle while he was crossing the intersec- tion of Second Avenue and E Street. He suf- fered a dislocated knuckle and 39 days con- finement at home due to a nervous condition and his car being totally damaged. Claim denied It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously car- ried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. Recommendation of Chamber The Board of Directors of the Chamber of of Commerce to use decorative Commerce, upon recommendation of the City material for traffic islands Beautification Committee, urged the Council to put in decorative material in the traffic islands which are being sur- faced with either concrete or blacktop. They state that the visual impact of this program is significant and will greatly enhance the community. Councilman Hobel noted that in the narrow strips such as J Street, this is what is being done right now, and in the future, decorative material will go where land- scaping cannot be put in. Correspondence accepted Mayor Hamilton noted that the correspondence was accepted. Recommendation of City Mr. Jim Magot, member of the City Beautifi- Beautification iCommittee cation Committee, has requested that the tO incorporate a policy letter they wrote to the Council in for watering and main- October 1971, asking that the Council taining street trees incorporate a policy for watering and maintaining street trees, be reconsidered. At the meeting of October 27, 1971, the Council referred this matter to the staff, the Environmental Control Commission and the Tree Com~Itt~ for repo~ back to the Council. Mr. Magot stated he has never received a final report and is now seeking Council reconsideration of this matter. Referred to staff It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that this matter be referred to staff. Letter of resignation Mrs. Taylor has submitted her resignation from Mrs. Loretta R. Taylor, from the Environmental Control Commission Environmental Control Commission to be effective immediately. She stated the decision is due primarily to added work responsibility and that she feels she does not have sufficient time to de- vote to the Commission. Resignation accepted It was moved by Councilman Egdahl, seconded with regret by Councilman Scott and unanimously carried that the resignation be accepted with re- gret, and a letter of thanks be sent to Mrs. Taylor commending her on her work on the Commission. VACANCIES ON BOARDS It was moved by Mayor Hamilton, seconded AND COMMISSIONS by Councilman Egdahl and unanimously car- ried that the current vacancies on the boards and commissions be filled within the next week, if possible. Verified claim for damages - Mr. Schlosser has submitted a verified Henry F. Schlosser, claim foMdamages in the amount of $250,000 2S90 Goetz Street for compensatory damages and punitave damages man Diego in the amount of $1,000,000. Mr. Schlosser claimed that on November 3, 1972, between the hours of 6:30 p.m. and 9:50 p.m., he was arrested by the Chula Vista Police and taken into custody, hand- cuffed and treated rudely by the police officers. He was thrown face down into the back of the police vehicle and his right arm came in contact with an uninsulated por- tion of the vehicle which became extremely hot, causing him to suffer third degree burns to his upper right arm. Claim denied It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously car- ried that the claim be denied so that it could be turned over to the City's insurance carrier for investigation. ORAL COMMUNICATIONS Kathryn g. Moore Mrs. Moore stated she is representing the 1134 Tobias Drive South Bay Citizens Planning Committee and (Transportation Committee) requested that the Council appoint a Transportation Committee to study trans- portation and rapid transit as it would relate to the City of Chula Vista. Mrs. Moore suggested the committee be comprised of certain members of the Planning Commis- sion, the Environmental Control Commission, Safety Commission, staff and citizens. Motion to refer to staff It was moved by Councilman Hyde and seconded by Councilman Egdahl that the matter be referred to staff for recommendation. Councilman Scott spoke against the motion, noting that it was the prerogative of the Council to appoint a committee. Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None Motion to schedule matter It was moved by CoUncilman Egdahl, seconded for Council Conference by Councilman Scott and unanimously carried that this matter be placed on the Council Conference agenda scheduled for January 24, 1973, at which time the transportation system will be discussed. Kathryn S. Moore Mrs. Moore requested that the South Bay .(Loan of Impact Statements) Citizens Planning Committee be permitted to check out and sign for one copy of an Environmental Impact Report for a period of one week in order to permit them time to study it and make comments, as required by law. Councilman Hobel asked that Mrs. Moore provide the Council with a membership list of this organization and their addresses. Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the staff report on the feasibility of checking out the impact reports by any organization or citizens of Chula Vista - l0 - (the records that would have to be kept, and what the problems might be). Howard Nielsen Mr. Nielsen remarked that he is a member 589 East J Street of "Concerned Citizens of Chula Vista," and stated that any time they can be of assistance to the Council, they are ready to render their services. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously car- ried that the Council recess to Executive Session for litigation purposes. The Council recessed at 9:30 p.m. and the meeting reconvened at 9:45 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:46 p.m. to the meeting scheduled for Wednesday~ January 17, 1973, at 3:00 p.m. to consider the tentative map of Apollo Subdivision, Unit 3.