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HomeMy WebLinkAboutcc min 1972/12/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 12, 1972 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, Director of Public ~orks Cole, Acting Director of Planning Williams, 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 Hobel, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of November 24 and December 5, 1972, be approved, copies having been sent to each Councilman. ORDINANCE NO. 1432 - AMENDING In a report to the Council, City Attorney CITY CODE RELATING TO THE Lindberg stated that the Judge of the LICENSING OF CERTAIN TYPES Superior Court of San Diego has ruled that OF PINBALL MACHINES - First the "flipper type" pinball machine is reading a game of skill and not a game of chance, and therefore, not subject to prohibition by State Law or local ordinances. This ordinance would exclude that type of machine from being licensed as a pinball device. Business license fees In answer to the Council's inquiry, City Manager Thomson stated that the business license fees are being reviewed and he will have a report to the Council on this. Ordinance placed on It was moved by Councilman Scott that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1433 - AMENDING This is an amendment to Chapter 22 of the SECTIONS 18.66 AND 18.71 OF City Code authorizing such machines, as CHAPTER 18 OF THE CHULA well as an amendment to the business license VISTA CITY CODE, ALL RELATING ordinance requiring all premises where such TO THE LICENSING OF POOL AND machines are operated to pay an annual fee BILLIARD ~ALLS )aND THE TABLES of $25.00 and a quarterly fee of $15.00 for AND DEVICES USED THEREIN - First each such machine. reading Ordinance placed on It was moved by Councilman Scott that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent, The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINPJqCE NO. 1434 - ADDING Thi~ ordinance establishes a license fee of TO CHAPTER 18 OF THE CITY $250.00 per year plus 5% of gross receipts, CODE A NEW SECTION 18.73 payable semi-annually, for the revenues RELATING TO THE LICENSING that might be derived from the operation of OF ALL PERSONS ENGAGED IN pay television. THE BUSINESS OF SELLING SUBSCRIPTIONS FOR PAY TELEVISION - First reading Ordinance placed on It was moved by Councilman Scott that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1435 - AMENDING Present charges for a xeroxed copy of any SECTIONS 2.402 AND 2.404 OF official City document is $1.00perpage. THE CITY CODE PERTAINING TO Because of numerous complaints from citi- REPRODUCTION CHARGES FOR CITY zens that the cost is excessive, an amend- DOCUMENTS - First reading ment to the ordinance has been prepared establishing new charges, as follows: 8-1/2" x 11" 50¢ first page 10¢ each additional page 8-1/2" x 14" 75¢ first page 15¢ each additional page Use of City Clerk's recorder Councilman Egdahl questioned the use of the City Clerk's tape recorder by outside parties, and the possibility of accidentally erasing the tape. City Clerk Fulasz explained the procedure used by outside parties in listening or transcribing a tape, noting there was no way she could be assured that the tape would not be erased. Motion for recordings It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the staff be asked to provide the means whereby these tapes can be heard but could not be erased, either accidentally or deliberately. Ordinance placed on first It was moved by Councilman Egdahl that this reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6682 - ELECTING Director of Public Works Cole reported that TO PROCEED UNDER THE PROVISIONS the State of California acquired a portion OF THE STREET VACATION ACT OF of Robinhood Unit No. 6 Subdivision, in- 1941, DECLARING THE INTENTION eluding Nita Court east of Nacion Avenue, OF THE CITY COUNUIL OF THE CITY for the eonstTuction of the Interstate 805 OF CHULA VISTA T0 VACATE A PORTION Freeway. A portion of this acquisition has OF NITA COURT ADJACENT TO been sold to Mr. Verl D. Mason. Mr. Mason 1-805 FREEWAY has requested the City to vacate that portion of Nita Court blocked on the east by Interstate 808 Freeway and serves only his property. The public hearing is scheduled for January 2, 1973. 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, ltobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6683 - Director of Public Works Cole submitted APPROVING A SIX-YEAR the proposed six-year utilities under- UTILITIES UNDERGROUNDING grounding program. The Council considered PROGRAM this program on November 1, 1972, and made certain modifications based upon submissions by the Broadway Association and the Downtown Association. The Utilities Undergrounding Advisory Com- mittee has reviewed the program and recom- mends approval except that "E" Street (Broadway to Fourth Avenue) be substituted for Broadway (C to E Streets) as the pro- ject for 1977. Council discussion Council discussion ensued regarding the priorities established. Councilman Scott indicated he would prefer to see Broadway (C to L Streets) completed, instead of skipping around to various other parts of the City. Explanation of priorities Mr. Cole explained the procedure used by the Utilities Advisory Committee in recom- mending the proposed priorities. He asked that the Council approve the priorities, based on the first two years which will be worked on first; after~hat~ the Council will have the prerogative to again review the priorities. Resolution offered Offered by Councilman Hyde, as modified by the Utilities Undergrounding Advisory Committee (substitution of E Street - Broadway to Fourth Avenue - in place of Broadway - C to E Streets], the reading of the text was waived by unanimous consent. The resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Mobel, Hamilton Noes: None Absent; None RESOLUTION NO, 6684 - A fire hydrant along the west side of ACCEPTING GRANT OF West Bay Boulevard between G and H Streets EASEMENT FROM ROHR was recently struck by an automobile, thereby INDUSTRIES, INC. FOR presenting a potential hazard of flooding FIRE HYDR~T to an adjacent Rohr building. Rohr Industries has expressed its desire to relocate the hydrant to a point further removed from the paved roadwa7 and have - 3 - executed an easement which would allow this relocation. It ~as noted that the expense of the relocation will be borne by Rohr Industries. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahi Noes: None Absent: None RESOLUTION APPROVING AN Mr. Frank E. Ferreira, 2S0 Bonita Glen UNCONTROLLED EMBANKMENT Drive, has made application for a permit AGREEMENT BETWEEN CITY to place an uncontrolled embankment upon OF CHULA VISTA AND FRANK vacant property along the east side of E. FERREIRA - 200 BLOCK the 200 block of Bonita Glen Drive. The OF BONITA GLEN DRIVE embankment agreement stipulates that the fill area is not eligible for building construction without soils analysis and foundation design. Request to hold in abeyance Mr. Cole, Director of Public Works, noted a letter he just received from Mr. Ferreira asking that the request be held in abeyance for an indefinite period of time. Request filed It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be filed. RESOLUTION NO. 668S - GIVING Director Of Public Works Cole reported that NOTICE OF INTENTION TO ORDER plans and specifications for the two pro- CERTAIN WORK TO BE DONE AND jects have been co~rpleted. The Council IMPROVEMENTS TO BE MADE UNDER adopted the resolution accepting the THE PROVISIONS OF THE IMPROVEMENT projects on August 8 and 31, 1972, respec- ACT OF 1911 AND AMENDMENTS tively. It is recormmended that the public THERETO IN THE ALLEY LYING BETWEEN hearing be scheduled for January 16, 1973, "H" STREET AND OTIS STREET FROM at which time any and all persons having BROADWAY TO SMITH AVENUE, AND THE any objections or protests to the proposed ALLEY BETWEEN FOURTH AVENUE AND work may be heard. GLOVER AVENUE FROM "H" STREET TO MANKATO STREET Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6686 - APPROVING City Manager Thomson reported that this JOINT EXERCISE OF POWERS resolution provides for the joint exer- AGREEMENT AMONG THE STATE OF cise of powers agreemont creating a CALIFORNIA, THE COUNTY OF SAN "Southern California Intergovernmental DIEGO, THE CITY OF CARLSBAD, THE Training and Development Center." The CITY OF CHULA VISTA, THE CITY OF Center will be self-supporting, deriving CORONADO, THE CITY OF DEL MAR, its revenue from grants and from payments THE CITY OF EL CAJON, THE CITY for services rendered. OF ESCONDIDO, THE CITY OF IMPERIAL BEACH, THE CITY OF LA MESA, THE CITY OF NATIONAL CITY, THE CITY OF OCEANSIDE, THE CITY OF SAN DIEGO, THE CITY OF SAN MARCOS AND THE CITY OF VISTA, CREATING SOUTHERN CALIFORNIA INTERGOVERNMENTAL TRAINING AND DEVELOPMENT CENTER Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, ttobe 1, Hamilton Noes: None Absent: None RESOLUTION NO. 6687 - This resolution provides for the special PROVIDING FOR THE SPECIAL appropriation of $783.50 as an operating APPROPRIATION OF FUNDS budget for the Youth Conference to be FOR COUNTYWIDE YOUTH held in February 1973. The Council ap- CONFERENCE proved this proposed program at its meeting of November 21, 1972. Resolution offered Offered by Councilman Ityde, the reading of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES~ Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6688 - City Attorney Lindberg explained that the AMENDING RESOLUTION NO. 5966 purpose of the original resolution was to ENTITLED "RESOLUTION OF THE allow the Community Hospital to acquire CITY COUNCIL OF THE CITY OF tax free status for purchasers of bonds CHULA VISTA DECLARING ITS to be issued by the hospital group that INTENTION TO ACCEPT A GIFT is insuring the lowest possible interest OF CHULA VISTA COMMBNITY rate for the construction of the new HOSPITAL FACILITIES WHEN facility. Two amendments are being deleted: TENDERED ~ND MAKING DETER- (1) authorization of the City Council to MINATIONS WITH RESPECT TO ratify the selection of the members of THE ORGANIZATION OF SAID the Board of Directors; (2) examine and NON-PROFIT CORPORATION AND approve request of incorporation of the THE BONDS TO BE ISSUED BY hospital. It is noted that neither of SAID CORPORATION" these provisions are required by the Internal Revenue Service to provide the tax free status. 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 ORDINANCE NO. 1428 - The ordinance provides for an amendment AMENDING ORDINANCE NO. 882 raising the franchise fee from 2% to 3% GRANTING FRANCHISE TO MISSION and to approve of the pay television CABLE T.V. - Second reading concept. The ordinance was placed on its first reading at the meeting of and adoption December 5, 1972. Ordinance placed on It was moved by Councilman Scott that this first reading ordinance be placed on its second reading and adoption. The reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1429 - The ordinance approves the Categorically ESTABLISHING CATEGORICALLY Trivial listing, as included in the City TRIVIAL PROJECTS FOR Manager's report to the Council, dated PURPOSES OF ADMINISTERING November 21~ 1972. The ordinance was THE ENVIRONMENTAL QUALITY placed on its first reading at the meeting CONTROL ACT - Second reading of December 5, 1972. and adoption Ordinance placed on second It was moved by Councilman Scott that this reading and adoption ordinance be placed on its second reading and adoption. The reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: Nolle ORDINANCE NO. 1431 - This ordinance prohibits the resale of PROHIBITING THE RESALE OF cable television service at a rate higher CABLE TELEVISION SERVICES than or different from the rate estab- AT A RATE MORE THAN OR DIF- lished by the City of Chula Vista for FERING FROM THE RATE apartment units in multiple family pro- ESTABLISHED BY THE CITY jects. The ordinance was placed on fits COUNCIL PURSUANT TO THE first reading at the meeting of TERMS AND CONDITIONS OF December S, 1972. THE FRANCHISE ORDINANCE - Second reading and adoption Ordinance placed on second It was moved by Councilman Scott that reading and adoption this ordinance be placed on its second reading and adoption. The reading of the text was waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, llamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6689 - This policy provides a means to issue ESTABLISHING POLICY FOR what could be deemed an encroachment LICENSING OF TEMPORARY permit for a limited number of years to MASTER ANTENNA TELEVISION those developers relying upon a master SYSTEMS IN THE CITY OF antenna system in lieu of services by CHULA VISTA the franchised cable TV system in the City. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde,'Egdahl Uoes: None Absent: None REPORT ON REQUEST OF City Manager Thomson reported that he met ENVIRONMENTAL CONTROL wi th Mr. Alan Miller of the Environmental CO~qlSSION THAT CITY Control Commission in order to clarify PARTICIPATE AS A MEMBER specifics of this request. The membership OF THE ENVIRONMENTAL cost would be $1.00 a year for each member. ACTION COUNCIL One member of the Co~nission would serve on the Environmental Action Council's Board of Directors. - 6 - Acceptance of report It was moved by Councilman Scott, seconded by Councilman Egdah.1 and unanimously carried that the report of the City Manager he accepted. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman ttyde and unanimously carried that the Council recess to Executive Session for litigation purposes, after Oral Communications. ENVIRONMENTAL IMPACT REPORTS Councilman Hyde questioned whether the Council, at this time, should take action requiring the filing of the Environmental Impact Reports in view of the fact that the State Legislature has approved a 120-day moratorium. Motion for adoption of policy It was moved by Councilman Hyde that the Council adopt a policy of requiring Environmental Impact Reports as per the law and the appropriate Court decision. No second to motion The motion died for lack of second. Ordinance adopted City Manager noted the ordinance adopted by the Council at the meeting of December 5, 1972. The staff will proceed with enforcing this ordinance. Appeals will be heard by the Council. Projects pending Discussion followed as to the projects pending that require the reports. Acting Director of Planning Williams stated that: (1) Larkhaven has informed his department that they will be filing an environmental impact statement; (2) Hoppital (Community) - they have filed an environmental assessment and it would be his opinion that they will have to file a statement; (3) Dr. Bloom has hired consultants and they have started the environmental impact statements on Sports World. Motion for report It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the City Manager bring back a report, at the next Council meeting, of those projects that are presently in the "state of limbo." REVENUE SHARING In answer to Councilman Egdahl.'s query, Counoilman Scott indicated that a Council Conference will be scheduled for sometime in January 1973 to discuss the revenue sharing funds. VISITORS AND CONVENTION BUREAU Councilman Egdahl asked if a legal opinion was received on the $1,221.97 matching funds check to the Bureau. City Manager Thomson explained that the Commil discussed this and accepted the report of the City Attorney (that the City pay one-half of the requested amount). - 7- VIDEO CABLE T.V. Councilman Egdahl noted that the Council did not receive the requested audit statement from Video Cable T.V. Councilman Hobel remarked that the Council r. equ~sted an annual report and Video re- s~ubm~tted the unaudited financial statement. ~t~Manager Thomson indicated that his s~ which will be given at the report, n~t~eeting,(continued public hearing on ¥i~deo Cable TV), will be for a request for~ a continuance of the hearing, since he]has been unable to obtain all the information from Video Cable TV that he has requested. WRITTEN COMMUNICATIONS Request from Rev. Don Vanderpool, Rev. Don Vanderpool, Pastor, The Chula Chula Vista Alliance Church, Vista Alliance Church, has requested for permission to put up a permission to erect a temporary building temporary building at their location at 623 Telegraph Canyon Road. /hey have been informed from the Planning Department that plans for their new ~hurc~ building are being held up due to further road study. They are also re- questing a date certain as to when they might begin construction of their new facility. Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the request be referred to the City Manager for comment. ORAL COMMUNICATIONS Chris Klinkenberg Mr. Klinkenberg asked for a meeting with Youth Commission either the City Council or the City Manager to discuss getting secretarial help and assistance for their Youth Conference. City Manager Thomson explained that the Youth Comm~ssioni~a~aJ~ deal of am- bition towards ~he~Youth Conference scheduled ~o~y~§~ff~ry a~d~th~ ma~e~h~ full- %i~ipo~i~i~ to~ha~dle all the activity. Motion for City Manager It was moved by Councilman Egdahl, to meet with representatives seconded by Councilman Hobel and unani- of Youth Commission mously carried that the City Manager meet with the representative of the Youth Commission and report back to the City Council at the next meeting. EXECUTIVE SESSION The Council recessed to Executive Session at 8:06 p.m. and the meeting reconvened at 8:32 p.m. CANCELLATION OF APOLLO Mayor Hamilton announced that there will III HEARING be a lack of a quorum at the public hearing scheduled for Thursday, December 14, 1972, to consider Apollo III. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:33 p.m. to the meeting scheduled for Tuesday, December 19, 1972, at 7:00 p.m. - 8 _ /~z City Clerk