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HomeMy WebLinkAboutcc min 1972/10/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 3, 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 ~omson, Assistant City Manager Bourcier, Acting City Attorney Blick, Director of Public Works Cole, Acting Director of Planning Williams 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 meetings of Sep- tember 20 and 26, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. Albert Hooper, COMMISSIONER Chairman of the Environmental Control Commission, as guest commissioner for this meeting. The audience joined Mr. Hooper in wishing the Mayor a "Happy Birthday." ORAL CO~qUNICATIONS Mayor ltamilton stated he was asked by a resident for permission to speak at this time. Clarence Knight Mr. Knight spoke in support of having "Oral 117 Jefferson Avenue Communications" at the beginning of the meeting so that the senior citizens -- those who are not physically able to sit through long meetings -- and students who have a curfew can be given the opportunity to speak to the Council. PUBLIC HEARING - CONSIDERATION The Environmental Control Commission has OF BOTTLE ORDINANCE recommended an ordinance relating to the problems of solid waste disposal by regu- lating retail stores in the distribution of carbonated beverages in glass containers. The ordinance stipulates that all dealers shall, from and after November 1, 1972, display a quantity of each brand of bever- ages for sale in non-disposable returnable glass containers and a sign, no smaller than 8-1/2" by 11" stating the economic advantages of buying returnable bottles. Public hearing opened This being the time and place as advertised, the public hearing was opened. Fred Bradshaw Mr. Bradshaw stated he is representing the 7455 Orien Seven-Eleven Stores and is speaking in La Mesa opposition to the ordinance. He felt the problem was one of educating the public and declared that the members of the retail food and beverage industry have donated $1,000 to purchase kits and workbooks for students which explain the total ecology picture. Mr. Bradshaw has met with school officials to introduce this program in the various schools and the response of the officials has been very good. Jay Pugh ~lr. Pugh commented that the merchants Garden Farms Market would have to comply with the ordinance 373 'E' Street or be penalized. He felt the proposed ordinance would, in no way, solve the problem as it is the buying public that demands the products the merchants must stock. Mr. Pugh reported on a recycling plant soon to be in operation in Escondido and read an article relating to a "Pitch-In" program being initiated nationally to cope with the non-returnable bottles. Returnable beer bottles are one of the main problems, as previously explained by Mr. Bradshaw. ~lr. Pugh questioned the wording of the ordinance as to the amount of re- turnables that must be stocked on the shelves, along with the non-returnable beverages. The ordinance is vague in asking the merchants to stock and display merchandise "as reasonably.possibles..'f Answering questions fr°m the Council, Mr. Pugh de¢lar~&~hat the Grocers' Association did not provide any input into this or- dinance. K. Niek Slijk Mr. Slijk questioned how the proposed Chamber of Commerce ordinance would be implemented and the cost of doing so. Acting City Attorney Blick indicated it would be done by voluntary observance, the same as with other ordinances in the City. City Manager Thomson agreed, adding that his office enforces the ordinances, and the Oily Attorney's office prosecutes the violators. Mr. Slijk declared the ordinance was very weak, and referred to the voluntary infor- mation complaints as a "select type of law enforcement which is highly unconstitutional and illegal," or an information type basis which is the start of a police state. Letter from Carl Pope City Clerk Fulasz read a letter into the California Retail Liquor records from Mr. Pope in which he stated Dealers Association his opposition to the ordinance, noting that educational programs were the only positive solution to the problem. )Ir. Pope noted the funds granted by State and Federal agencies to convert solid waste into reusable products. He added that to require the merchants to stock beverages in containers that will not move promptly on their shelves will inflict an economic loss upon them. Kathryn Moore Mrs. Moore quoted a comment made by her 1134 Tobias Street son "By the world date 2000, this world South Bay Citizens will self-destruct." Planning Committee Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Bruce Hill, Manager Mr. Hill, in answer to the Mayor's query, Coast Distributors stated that all beer bottles and cans are dated. The life of a can or bottle of beer is ninety days, and the manufac- turer (speaking of Anhouser-Busch) re- places the merchandise with the same type of product every ninety days. Beer is not made in returnable bottles, except for the "long-necks" which are sold in cases. Mr. Hooper commented that beer sold in quart bottles is made in returnable bottles. Council discussion Councilman Hobel stated he could not support the penalty clause - closing the store down for five days - which would lead to extreme economic hardship, not only for the merchants, but for the store employees as well. He discussed Section 35.503 relating to the alcoholic carbonated beverages. Based on the testimony given, this entire section should be eliminated, because the merchants are dealing solely with non-returnables. Mayor Hamilton suggested the Section in- clude the words ,,..~maintain in stock and on display those goods packaged for retail outlets in returnable bottles." Motion not to enact ordinance It was moved by Councilman }~de and seconded by Mayor Hamilton that the ordinance not be enacted. Councilman Hyde commented that the ordinance as presently written, is unacceptable, too weak, and there is no justification for putting this type of legislation on the books. Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Hamilton NOES: Councilmen Egdahl, Scott, Hobel Absent: None Motion to delete It was moved by Councilman Scott and suspension clause seconded by Councilman Hobel that the following sentence be deleted in Section II: "Further, every such person shall be subject to a suspension of their business license and the privilege to do business at the premises wherein a violation of this ordinance shall have been determined to exist for a period not to exceed five (5) days." Motion carries The motion carried by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton Noes: Councilman Hyde, Egdahl Absent: None Acting City Attorney's comments In answer to Councilman Egdahl's question, Mr. Blick stated the ordinance would have to be readvertised due to the changes made by the Council. - 3 - Recess A recess was called at 8:32 p.m. and the meeting reconvened at 8:45 p.m. Wording to be changed Acting City Attorney ~l~ck noted the modification to Section 35.503: the fol- lowing wording to be added at the end of paragraph 2 - "...if in fact the manu- facturer of said beverage does produce or bottle said beverage in glass non- disposable returnable containers for pur- poses of retail package sale." Motion to modify It was moved by Councilman Scott and Section 35.503 seconded by Councilman Hobel that the change, as noted by the D~p~tY'~City ~t~orney in Section 35.503, be approved. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Hoes: Councilman Hyde Absent: None Motion to refer to It was moved by Councilman Egdahl and Board of Supervisors seconded by Councilman Hyde that, in light of the fact that in the past the Council has felt that this should be dealt with on a regional basis, that this ordinance, along with previous ones considered, be sent to the County Board of Supervisors for action, with the encouragement of this Council to act promptly in the matter. Motion carries The motion carried by the following vote, to-wit: Ayes: Councilmen Egdahl, Hyde, Hamilton NOES: Councilmen Scott, Hobel Absent: None Motion to reconsider Mayor Hamilton stated he did not under- stand the motion and wished to change his vote. It was moved by Mayor Hamilton and seconded by Councilman Hyde that the Council reconsider the previous motion. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Hobel Noes: Councilmen Egdahl, Scott Absent: None Vote to refer to Board of The vote on Councilman Egdahl's motion to Supervisors refer this ordinance and previous ordinance to the Board of Supervisors failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hyde NOES: Councilmen Scott, Hobel, Hamilton Absent: None ORDINANCE NO. 1424 - It was moved by Councilman Scott that this AMENDING CHAPTER 35 OF THE ordinance be placed on its first reading CHULA VISTA CITY CODE BY as amended and that reading of the text be ADDING THERETO A NEW waived by unanimous consent. ARTICLE 5, RELATING TO THE PROBLEMS OF SOLID WASTE DISPOSAL - 4 - The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton Noes: Councilmen Hyde, Egdahl Absent: None UNANIMOUS CONSENT ITEMS: RESOLUTION NO. 6617 - These two ~c~gi0n~ set a new public INTENTION TO GRANT GAS hearing date on these matters for the FRANCHISE meeting of October 24, 1972. These franchise agreements set out terms RESOLUTION NO. 6618 - and conditions in the administrative INTENTION TO GRANT ELECTRIC procedural manual, and set the term of FRANCHISE the franchises at 25 years. Reason for rehearing Councilman Scott explained that the reason for a rehearing was not due to Council action, but because of the advertisement of a different rate and not the difference in the years. Resolutions offered These two resolutions were offered by Councilman Scott; the reading of the text of both resolutions was waived by unanimous consent. Both resolutions were passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6619 - Bart Corporation and County Properties APPROVING UNCONTROLLED have paid the required fees and signed EMBANKMENT AGREEMENT - an uncontrolled embankment for vacant 200 BLOCK OF PALOMAR STREET property along the north side of the 200 block of Palomar Street. The agreement states that the fill area shall be designated as an uncontrolled embankment and stipulates that it is not eligible for building construction without soil analysis and foundation design. 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 RESOLUTION - DESIGNATING City Manager Thomson requested that this item CITY COUNCIL OF CHULA VISTA be postponed until the next meeting, since it AS REDEVELOPMENT AGENCY was placed on the agenda as a Resolution, and the City Attorney has stated it must be an Ordinance. Postponed until next meeting It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this item be postponed until the meeting of October 10, 1972. - 5 - RESOLUTION NO. 6628 - At the meeting of September 26, 1972, INTENTION TO HOLD A PUBLIC the City Council approved the establishment HEARING TO AMEND CIVIL SERVICE of the new position. In order to amend RULE II TO CREATE THE CLASSIFI- Civil Service Rule II to include this new CATION AND SALARY RANGE FOR classification and salary range, it is PARKING CONTROL OFFICER necessary that a public hearing be set. This public hearing is being scheduled for October 24, 1972. 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 RESOLUTION NO. 6621 - In a report to the Council, the Director APPROVING AGREEMENT FOR of Public Works explained that this CONSULTANT FOR INTEGRATED program will be entirely federally TRAFFIC RECORDS SYSTEM funded. The project establishes traffic engineering data files and an automated traffic collision records system to be used jointly by enforcement and engineering. This system will be integrated with, and be computer serviced by the San Diego County Engineers Traffic Accident Infor- mation System. It is recommended that the Council approve the hiring of Stanford L. Optner, Con- sultant, to convert this city's records to a form compatible with the County system. 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 Noes: None Absent: None RESOLUTION NO. 6622 - In a memo to the Council, the City Clerk APPROPRIATING FUNDS TO HIRE reported on the current workload in her TEMPORARY HELP IN CITY department. The public hearing scheduled CLERK'S OFFICE for October 24 regarding Apollo involves making transcripts of all Council meetings during the past eight years relating to this subdivision. Other projects such as microfilming, reports, and Boards' and Commissions' projects need immediate attention. It is recommended that Council approve the employment of a stenographer for a period of three months to help alleviate the workload. 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 Noes: None Absent: None - 6 - REQUEST FOR MODIFICATION OF Acting Director of Planning Williams PRECISE PLAN REQUIREMENT FOR reported that the precise plan approved MASONRY WALL AT CHULA VISTA for the property required the installa- SQUARE, 542 BROADWAY tion of a retaining wall along the west and south property lines adjacent to the residential areas. Since underground structures along these property lines make the construction of a masonry wail impractical for maintenance purposes, it is recommended that a wooden fence interspersed with masonry pilasters be installed. Modification of wail approved It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that approval be given to the construction of a wooden fence with masonry pilasters instead of a solid masonry wall for the Chula Vista Square, 542 Broadway. MOTION FOR INGLEWOOD REPORT It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the staff be directed to check with the City of tnglewood re- garding the Forum by Kent Cook -- the plus and minuses that unit has brought to the City of Inglewood. This report is to be brought back to the City Council in the near future. BICYCLE PROBLEMS Councilman Scott noted some citizens' complaints he received regarding the enforcement of traffic laws for bicylists, unlicensed bicycles, bicycles at night, and riding in the wrong direction. Councilman Scott felt there should be enforcement of these laws against violators . and suggested consideration of a teen-age jury, similar to the one in San Diego. MOTORCYCLE NOISE It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that Assemblyman Deddeh be notified to have the law changed so that something can be done by municipalities concerning this problem and that he be asked to see about the feasibility of such legislation. Councilman Hobel commented on the proposed legislation whereby wearing helmets would be mandatory. This was passed through the legislation, but never got out of a Senate committee. Councilman Hobel asked that this be sent to Assemblyman Deddeh, also, to re-enact this legislation. DOGS RUNNING LOOSE Councilman Scott stated he has received numerous complaints concerning dogs running loose, especially at night. - 7 - Acting City Attorney Blick explained that the Animal Control Officer does not work in the evenings. In many cases, the Police are called when a citizen makes a complaint. City Manager Thomson stated he would ask the Police Chief to review this problem and report back to the Council. LOCATION FOR SHIPYARD Councilman Hobel referred to a newscast which reported that the Port Commissioners directed their staff to talk to the con- sultants regarding a location for National Steel and Shipbuilding. Councilman Hobel questioned whether this would entail more expenditures on the Bayfront Study. Acting Director of Planning Williams stated that he attended the meeting and the Port District adopted Option A, reserving their 26 acres at the end of the 100 acres that has been in question for some time, for marine-oriented use. They have given no direction to the consultants to do further planning in that area. SPORTS ARENA Councilman Hyde noted the news items indi- cating that Dr. Leonard Bloom would be building a sports arena in the County that might logically be annexed to the City. These news articles stated that Dr. Bloom's plans had the approval of this Council. Councilman Hyde wanted it made clear that this Council has never consi- dered Dr. Bloom's proposal in this regard. SIGNAL LIGHT AT NACION AND 'L' Councilman Egdahl discussed the traffic light at this intersection, stating it creates a great deal of confusion. There is no indication to the motorist that when he has a green light the on-coming traffic has a red light and he may proceed with a left turn. It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously car- ried that the suggestion of Councilman Egdahl for the installation of a sign stating that it is a three-way stop or an arrow signal so that the motorist will know he can proceed with a left turn be referred to staff. ENVIRONMENT PRESERVATION Councilman Egdahl referred to the news- paper article reporting on the meeting of the Secretary of the Interior with the Port Commissioners. The Secretary of the Interior stated he would like to see the Port Commissioners Fet aside areas for preserving the environment. The Port District chairman stated he would not be willing to do this, and further stated he is also speaking for the other comis- sioners. Motion for instructions to Port It was moved by Councilman Egdahl and Commissioner seconded by Councilman Hyde that the Council instruct the City's Port Commis- sioner to encourage the Port Commissioners to take a specific stand in terms of making commitments for environmental preservation, as requested by the Secretary of the Interior. Council Discussion Mayor Hamilton indicated he would want to get more information on this matter before he can support the motion. He felt the Secretary of Interior should address this Council on the matter. Motion changed Councilman Egdahl changed the motion to state that the Council request the Port Commissioner to give a report on what the Secretary of the Interior requested and what the chairman of the Port District r~onded, and what he alleged to be the response of the other Port Commissioners. Councilman Hyde asked that Mr. Campbell, the Port Commissioner, make this part of his monthly report to the Council. Motion carries The motion carried unanimously. COUNCIL CONFERENCE Mr. Williams, Acting Director of Planning, stated he is trying to get people from di£ferent environmental agencies to attend a Council Conference on October 11, 1972. CONBIUNITY AWARDS DINNER Councilman Hyde reminded the Council and the audience of the Community Service Awards and Community Beautification Awards dinner. He invited and encouraged all interested parties to attend this dinner. BOARDS AND COFglISSIONS WORKSHOP Mayor Hamilton announced that there will be a Boards and Commissions orientation workshop on Wednesday, October 4 and ~ursday, October 5, 1972 beginning at 7:00 p.m. in the Police Auditorium. ITEM FOR COUNCIL CONFERENCE It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the Environmental Control Quality Act be placed as an item for Council discussion at the Conference to be scheduled for October 11, 1972, at 3:30 p.m., as requested by the Acting City Attorney. WRITTEN COMMUNICATIONS Request from Greyhound Bus Mr. F. L. Nageotee, President, Greyhound Lines, Inc., for Council to Bus Lines, 371 Market Street, San Francisco, revoke resolution supporting is requesting Council to revoke the reso- Mexicoach service lution which was passed in support of Mexicoach. Mr. Nageotee details in his letter Greyhound's position in which he discusses the history of the company, the number of people employed, the annual payroll, and the loss of revenue which will occur if Mexicoach is allowed to service the San Diego-San Ysidro area. - 9 - Letter to be written Mayor Hamilton directed the City Clerk to write Mr. Nageotee a letter, enclosing the resolution passed by Council, noting that the Council approved the service in concept. Request from Salvation Army Mr. Tom Allan, Administrative Assistant, for permission to place is requesting permission to place kettles collection kettles in front at the following locations between November of three locations in the City 24 and December 24, 1972: New Post Office Building on Third Avenue, between J and K Streets; Bank of America at 295 E Street; Sprouse-Reitz Company, 261 Third Avenue Permission granted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that approval be given for the public right-of-way locations; the City has no jurisdiction over locations on private property. ~quest from Mayor Pete Wilson Mayor Pete Wilson is requesting Council of San Diego urging Council support of the Coastal Zone Conservation support of Proposition 20 Act Initiative, Proposition 20, which will be before the voters on the November ballot. Mr. Wilson discussed the initia- tive and details the need for this coast- line legislation, indicating that the support of the cities is essential for the success of Proposition 20. Resolution to be brought back It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously car- ried that a resolution be brought back supporting Proposition 20. Mayor Hamilton requested that the Legis- lative Committee look over and report on all Propositions which might affect this community. Verified claim for damages - Mr. F. D. Linton, Jr., Assi§tant Secretary, American Housing Guild, Zenith II American Housing Guild, 3247 Mission Vil- lage Drive, San Diego, has filed a verified claim for damages in the amount of $172,776.00. Mr. Lint~n stages that on June 27, 1972, the City Council denied his request to modify the General Plan of the City to change the zoning on his property from "park ~nd public open space" to "residential." Mr. Linton further alleges that the Council denied his request for approval of Zenith II tentative subdivision map covering this same property. These actions deprived him of "any reasonable private use of the property and has committed the property to the public use of parks and public open space, thereby taking his property without just compensation." Claim denied It was moved by Councilman tlyde, seconded by Councilman Scott and unanimously carried that the claim be denied so that it can be turned over to the City's insurance carrier for investigation. - 10 - Request from Mayor Kile Morgan Mayor Kile Morganoof National City is of National City for Council starting a South Bay Rapid Transit Com- assistance regarding rapid mittee in hopes of getting the rapid transit system transit system that is planned for San Diego County started in the South Bay. He is requesting Council support by agree- ing to become a member of this team. Mr. Morgan further reuqests that the Council designate a representative to this committee. R~quest filed It was moved by Councilman Scott,and seconded by Mayor Hamilton that the request be filed. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Scott, ttobel, Hamilton, Hyde Noes: Councilman Egdahl Absent: None Verified claim for damages - Mrs. Schneider has filed a verified claim Mrs. Rose Schneider for damages in the amount of $215.55, 282 Minot Avenue claiming that the City planted a tree over the sewer line at the edge of the sidewalk at her place of residence, causing the roots to cause stoppage of plumbing. Mrs. Schneider states that the incident occurred on the fourteenth day of September, 1972, at 10:30 a.m. Claim denied It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the claim be denied. Motion to reconsider request It was moved by Councilman Hyde that the Council reconsider the request of Mayor Kile Morgan of National City. No second to motion The motion died for lack of second. ORAL CO~UNICATIONS Hubert Christenson Mr. Christenson circulated plans regarding 696 Woodlawn - the 'J' Street widening, in which he is ~J' Street widening requesting that the center divider cross Colorado Avenue, eliminating having four corners at an intersection for ~hich the Council will receive four requests for service stations. Another problem on this street is parking. Mr. Christenson suggested having all the curbs painted red along 'J' Street for one-quarter of a mile, which would eliminate parking and there would be no need for widening the street. The present plans call for elimination of on-street parking on portions of this street; however, there are numerous residences along Oaklawn and Woodlawn that have no sideyard or front yard and need this on-street parking. Mr. Christenson is proposing that rather than having a 16-foot or 18-foot median with two lanes on each side, that eight feet of parking be set aside on each side, with ten feet of right-of-way for traffic with an 8-foot or less center divider. - 11 - Mr. Lane Cole, Director of Public Works, discussed the proposed plans for the pro- ject, and the traffic flow which neces- sitates left-turn pockets. This cannot be done in an eight-foot island, but can be done in a fourteen-foot island. In answer to Council's questions, Mr. Cole indicated the proje¢~ is under contract, the decisions have been made and there is no way now that pickets can be constructed. INVITATION FOR CAKE AND COFFEE Mayor Hamilton invited everyone in the audience for a piece of his birthday cake, after the meeting. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:42 p.m. to the meeting scheduled for Wednesday, October 4, 1972 at 3:30 p.m. in the Council Conference Room. City ~lerk J - 12-