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HomeMy WebLinkAboutcc min 1972/05/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. May 2, 1972 A regular meeting of the City Council 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 Works Cole, Director of Planning Warren The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES Councilman Scott asked that the following changes be made in the minutes of the meeting of April 25, 1972: Page 12, under "Labor ~ions," to more clearly state his directive as to the wording to go into the resolution; Page 12, under "Political Signs," the word should be "lawn" and not "long." It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously car- ried that the minutes of the meetings of April 19 and 25, 1972, as amended, be approved, copies having been sent to each Councilman. PRESENTATION OF SERVICE PIN Mayor Hamilton presented Mr. Harshman, AWARD TO WILLIAM HARSHMAN Senior Civil Engineer, with a pin for his 20 years' service to the City. REPORT FROM C. R. CAB~PBELL, Mr. Robert Ca~rpbell, Port Commissioner, PORT COMMISSIONER reported on the activities of the Unified Port District. Mr. Campbell discussed the status of the litigation which began in 1964 concerning Title 17; the boat launching area; the preliminary budget of the Unified Port District; and the proposed second entrance. In answer to Council's inquiries concerning the Sedway/Cooke report, Mr. Campbell commented that the Commissioners were disappointed in the data presented by the consultants last week, and to date they have not received anything in writing by which they could formally review the proposals. Mayor Hamilton asked the Director of Planning to check with the consultants as to when this will be ready. ORAL COblMUNICATIONS Bob Barrick Mr. Barrick stated he is representing 410 'H' Street Balboa Bank. The construction is pro- posed for the southwest corner of Fourth Avenue and 'ti' Street and was presented to the City Council at the last meeting (April 25, 1972). Mr. Barrick asked for formal approval of the precise plan. William Wappes, Chairman Mr. Wappes remarked that the Safety Safety Commission Commission met on April 26, 1972, the day after the last Council meeting, and reviewed the circulation plan. The Traffic Engineer was present at this meeting, and the recommendation was for no exit onto 'H' Street -- that traffic exit onto Fourth Avenue only. RESOLUTION NO. 6422 - Offered by Councilman Hyde, the reading APPROVING PRECISE PLAN FOR of the text was waived by unanimous consent, DEVELOPMENT OF LOT AT passed and adopted by the following vote, SOUTHWEST CORNER OF FOURTH to-wit: AVENUE AND 'H' STREET AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None Policy to be drawn up It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that the City Attorney draw up a policy whoreas the Safety Commission be put in an appropriate place in the review process for similar plans in the future. Herbert Lathan, Chairman Mr. Lathan spoke in support of Proposition Veterans Employment Committee 1 on the June primary ballot pertaining to the veterans' low-interest farm and home loan measure. By this proposition, it will assure continuance of this program by means of $2S0 million in state bonds. Endorsement given It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously car- ried that a resolution be brought back endorsing this proposition. Katherine Moore Mrs. Moore stated she is speaking on 1134 Tobias Drive behalf of the South Bay Citizens Planning Committee. She commented on the meeting of the Planning Commission held May 1, 1972, regarding the Commission being "pressured by a developer who wishes to develop in the area designed for the Sweetwater Regional Park." Mrs. Moore urged the Council to take the following act i on: 1. Require a 102 Environmental Impact Statement of every Planned Unit Development 2. Urge the formation of a regional transportation system as quickly as possible 3. Urge associates in the City and County governments to form some type of regional control over open space and for solving other environmental problems John Sipula Mr. Sipula discussed the May Burns Realty sign on Third Avenue which he questioned at the last meeting (April 2S, 1972). He was informed that Mrs. Burns did not wish to renew her real estate license and there- fore the City required that she take down her sign. Chesley D. Manoch Mr. Manoch explained that he requested 1190 Trenton Avenue a cost from the City for putting in a sewer lateral and was told he would have to pay for another lot adjacent to this property. He needs to service two buildings in this area and asked the Council to review this matter. Mr. Manoch claimed he would be paying the $1.50 cost per month for each unit but would not be able to utilize this service. Referred to City Manager ~ayor Hamilton referred this matter to the City Manager for a report back to the Council. He asked Mr. Manoch to leave his name and address with the City Clerk. Recess A recess was called at 8:05 p.m. and the meeting reconvened at 8:15 p.m. PUBLIC HEARING - City Manager Thomson reported that CONSIDERATION OF REVISION the City staff has reviewed the proposal OF COLLECTION RATES - for the rate increase, and recommends CHULA VISTA SANITARY approval. Mr. Thomson explained the SERVICE methodology employed in the staff's study in arriving at the recommenda- tion. The most significant item of rate change is the increase in residential service costs from t~current $2.00 a month rate to a proposed $2.50 a month. The Director of Finance supports the rate increase based on his review of the Chula Vista Sanitary gervice'$ financial statement for the five year period 1967-71. Mr. Jack Ratelle, Administrative Assistant, explained his report in detail, noting how the percentage figures were arrived at. Public hearing opened This being the time and place as ad- vertised, the public hearing was opened. Dick Chase, President Mr. Chase explained the computerized Chula Vista Sanitary Service billing that will go into effect at a cost of $8,000 a year. Bank of Amerlca will handle this and if the City wishes at any time to enclose any material in this mailing, this could be done for about two cents per copy. - 3 - Joan Moreland Mrs. Moreland commented on the problems 517 Tallow Court she has been having with the Sanitary Service, particularly the noise factor, leaving~e trash out in the street : and not picking it up. Mrs. Albert Decker Mrs. Decker opposed the rate increase, 1526 Ocala Court citing the fact that the citizens are not receiving the garbage pick-ups as stated in the contract. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Council discussion ensued on the rationale for the percentage of a rea- sonable rate of return; the commercial rates and pick-ups; dumping fee charged by the County. Councilman Scott indicated he would like to have some expertise on how the 9% figure on the investment was derived and if, in fact, this is a fair figure. He added that an annual regiew should be made of the rate increase. RESOLUTION NO. 6415 - Offered by Councilman Hobel, with the ESTABLISHING RATE following amendments: (1) the effective SCHEDULE FOR CHULA date to be July 1, 1972; (2) incorporate VISTA SANITARY SERVICE the rate schedule as proposed and also the subsequent rate for other than the residential, as proposed in the letter dated January 28, 1972; (3) within a year, an audited statement to be brought back for Council review. The reading of the text was waived by unanimous consent and the resolution was passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None Recess A recess was called at 9:17 p.m. and the meeting reconvened at 9:26 p.m. PUBLIC HEARING - CONSIDERATION Director of Planning Warren submitted OF APPEAL OF PLANNING COMMISSION a map, noting the location of property DENIAL OF APPLICATION FOR A in question. Windsor Park Enterprises, PLANNED UNIT DEVELOPMENT ON Incorporated, has submitted a Planned Unit 18.2 ACRES LOCATED NORTH OF Development request for 18.2 acres which TELEGRAPH CANYON ROAD, EAST is proposed for construction of 72 single- OF CREST DRIVE - WINDSOR family, two-bedroom dwellings located in PARK ESTATES - 4 - attached units on terraced lots containing 2200 square feet to 2400 square feet, with the remaining area used for streets, drain- age, slopes and common open areas. Mr. Warren noted that the entire site is surrounded by land under the control of Otay Land Company which has been prezoned in a P-C category. The staff is now re- analyzing the development plan as submitted by Otay Land Company. The Planning Commission recommends denial of the Planned Unit Development application based on several facts, one of which is prematurity of the proposed development. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Donald Worley, Attorney Mr. Worley stated he is representing Seltzer, Caplan, Wilkins Windsor Park Enterprises, Inc. He com- and McMahon mented on the following unresolved prob- 3003 Fourth Avenue, San Diego lems: alignment of Telegraph Canyon Road, drainage channel along Telegraph Canyon Road and the alignment of 'J' Street. Mr. Worley briefly commented on the reasons for the Planning Commission denial, stating the reasons were un- founded. Dick Grabhorn, Vice President Mr. Grabhorn stated he was the engineer for Toups Engineering this project and discussed the proposed de- 5252 Balboa Avenue, San Diego velopment in detail. He commented on the benefits of this Planned Unit Development, the considerations for that plan, then commented on the staff's report and made a comparison of this plan with that of Windsor View Heights. Mr. Grabhorn re- marked that the maintenance program would be under an ownership association, whereas the landscaping, slopes, streets, building exteriors and roofs will be maintained under this association by professional people. Mr. Grabhorn summarized his tes- timony by stating that the developer has satisfactory solutions to all comments made by the staff and requested that the Council take favorable action in granting the appeal. Mr. Worley -- project ready Mr. Worley declared that this plan is for construction ready for development at this time and is in conformance with the General Plan. He added that the Planning staff has been waiting for a revised plan from the Otay Land Company for two years, which they are now doing themselves. In the meantime, the failure to get that revised plan is used as a reason to deny this developer the right to pursue his development. Legality of time controls Mr. Worley noted a New York newspaper article concerning time controls on de- velopments whereby the courts have ruled that it cannot be held valid to prevent the entrance of newcomers in any areas in order to avoid future burdens upon public facilities and services. - 5 - Legal ramifications City Attorney Lindberg remarked that the rights of a property owner to proceed with an R-1 development is not being discussed here -- a request has been made for an ad- ministrative adjustment of the R-1 zone as provided in the ordinance. The staff and Planning Commission recommendation is that they cannot approve this Planned Unit Development in modi£ication of the R-1 zone, given the circumstances, as they presently exist. Mr. Lindberg added that the developer is not being prohibited from the development of his property based on the existing zone and no attempt is being made to control the timing of this develop- ment. One basis for holding up approval of projects is a study in progress and this should not be confused with the time- controlled devices. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to deny appeal It was moved by Councilman Egdahl, seconded by Ceuncilman Hyde and unanimously carried that the appeal be denied and the Planning Coma~ission action be sustained. Continuance requested Mr. Worley requested a 90-day continuance to allow the results of the Otay Land Company plan to come in. In answer to Councilman Scott's inquiry, Director Warren explained that in 90 days the Council would have adopted the P-C plan; however, it would still have to go back to the Planning Commission, and essentially, it would be starting all over again. The Council concurred that the 90-day continuance not be granted. RESOLUTION - At the meeting of April 18, 1972 the ACCEPTING THE CONSTRUCTION Council extended the completion date of OF SOUTHWESTERN COLLEGE this project to March 16, 1972. Liqui- TENNIS COURTS AND dated damages for a total of 35 days will AUXILIARY BUILDING be assessed in the amount of $1,750.00. A final inspection was made on April 21, 1972, and all of the public improvements have been completed to the satisfaction of the Public Works Director. Continuance requested The City Clerk noted a letter received from the contractor requesting a continuance of this matter for one week. He indicated something new has come up that may warrant an additional extension of time. Continuance granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be continued for one week. RESOLUTION NO. 6416 - The California Department of Public Works DETERMINING THAT TOPICS informed the City on March 23, 1972 that FUNDS WILL BE ACCUMULATED the City's apportionment of California's Federal TOPICS funds is $??,3S2.00. By May 22, 1972, the City must provide the Department with a resolution of intent to obligate the apportionments in order to receive this grant. _ 6 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. 6417 - Purchasing Agent Espinosa has submitted a ACCEPTING BIDS AND AWARDING report listing the low bids as follows: CONTRACT FOR PURCHASE OF FOUR VEHICLES 1. Carl Burger Dodge $2,459.24 (One 1/2 ton cab and chassis truck) 2. International Harvester Company $3,388.58 (One 14,000 GVW cab and chassis truck - wheel base 132") 3. International Harvester Company $3,408.43 (One 14,000 GVW cab and chassis truck z wheel base 157") 4. International Harvester Company $9.718.52 (One 25,500 GVW cab and chassis truck with dump body) Funds are available for the installation of the LPG system in only one truck. It is recommended that this system be installed in Item #3 at an additional total cost of $354.14. Resolution offered Offered by Councilman Scott, with the elimi- nation of the installation of the LPG system in the one truck, 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. 6418 - At the meeting of April 18, 1972, the SUPPQRTING PROPOSITION 2 City Council directed that a resolution be ON JUNE PRIMARY BALLOT - prepared endorsing Proposition 2 on the SCHOOL BONDS June primary ballot. This proposition would authorize the issuance of bonds vitally necessary for the construction of needed school facilities. 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. 6419 - At the meeting of April 25, 1972, the City OPPOSING AB 452 PERTAINING Council directed that a resolution be pre- TO RETIREMENT AND PENSIONS pared opposing Assembly Bill 452 pertaining OF POLICEMEN AND FIREMEN to retirement and pensions of policemen and firemen. 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 Noeg: None Absent: None RESOLUTION NO. 6420 - At the meeting of April 25, 1972, the City OPPOSING AB 206 PERTAINING Council directed that a resolution be pre- TO BINDING ARBITRATION FOR pared opposing Assembly Bill 206 pertaining POLICEMEN AND FIREMEN to binding arbitration for policemen and firemen. 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. 6421 - The Environmental Control Commission has SETTING PUBLIC HEARING recommended an ordinance relating to the ON BEVERAGE CONTAINER problems of solid waste disposal by regula- ORDINANCE ting retail stores in the distribution of carbonated beverages in glass containers. By this resolution, the public hearing on this matter will be set for June 6, 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 - APPROVING Director of Planning Warren submitted the TENTATIVE MAP OF CANDLEWOOD tentative map noting the location of the SUBDIVISION subdivision as forty acres of vacant land which is included in the Planned Unit Development area of E1 Rancho del Rey, lying south of 'H' Street, between Southwestern College and an unnamed north-south collector road to the west. The subdivision proposes 113 single-family lots and reserves approximately 14 acres for park and general open space. Sufficient fees will be collected within the Park Service District to cover the cost of acquiring most of the property desig- nated for park and open space. Director Warren requested that the matter of admin- istering funds for acquisition of the open space land be set for Council Conference for May 3, 1972. Set for Council Conference It was moved by Councilman Hobel, seconded and approval of concept granted by Councilman Scott and unanimously carried that this item be scheduled for Council Conference on May 10, 1972. Approval of the concept of the development is granted but action on the final approval is set for the meeting of May 16, 1972. Mr. J. R. Shattuck Mr. Shattuck remarked that he is concerned 6150 Mission Gorge Road with the cost of the pumping station for San Diego sewerage. He concurs that he would assume the obligation for a period of five years. He doesn't want an "open-end" deal that would go on indefinitely. 8 RECOMMENDATION RELATIVE TO The Civil Service Commission recommends that AMENDMENTS TO SECTION 807 the first paragraph of Section 807 of the OF CITY CHARTER Charter be eliminated. This paragraph reads as follows: "The appointing authority, for dis- ciplinary purposes only, and without giving rise to a right of hearing before the Civil Service Commission, may suspend without salary an officer or employee holding a position in the Classified Service for not more than thirty days in any one calendar year." Also, that the last sentence be amended to read: "A failure to grant an increase to an individual at a time when increases are granted generally as a part of a plan to increase salaries and wages throughout the City services in any given classification, shall likewise be a demotion." Referred to Charter It was moved by Councilman Hyde, seconded Review Committee by Councilman Hobel and unanimously carried that this matter be referred to the Charter Review Committee. RECOMMENDATION PERTAINING TO The Civil Service Commission recommends BILINGUAL PAY DIFFERENTIAL that the proposal for a two and one-half percent pay differential for positions requiring bilingual skills be approved. Councilman Hyde commented on the applica- tion of this increase, whereas there should be a reasonable standard set up - a person with a high salary would be getting more than one with a lower salary and, in all probability, be doing the same amount of work in this field. City Manager Thomson indicated there were 122 positions cited in the City as having bilingual skills. Acceptance of recommendation It was moved by Councilman Egdahl, seconded by Councilman Scott and carried that the Commission's recommendation be adopted and the program implemented on July 1, 1972. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton Noes: Councilmen Hobel, Hyde Absent: None RECOMMENDATION RELATIVE TO The Civil Service Commission recommends AMENDMENT TO SECTION SO1 that Section SO1 of the City Charter be OF CITY CHARTER amended as follows: "No person shall be eligible to hold office as a member of the City Council unless he is, and shall have been for at least two years preceding his election or appointment, a qualified resident of the City or of territory annexed thereto." _ 9_ Referred to Charter It was moved by Councilman Egdahl, seconded Review Committee by Councilman Scott and unanimously carried that this recommendation be referred to the Charter Review Committee. REPORT ON TWO-WAY LEFT Director of Public Works Cole reported TURN ON THIRD AVENUE that this matter was continued from the BETWEEN 'J' AND 'L' meeting of April 18, 1972, to provide time STREETS to notify affected property owners. The staff recommends the installation of a two-way left turn lane as a solution to expected traffic congestion caused by the opening of the new Post Office building between 'J' and 'K' and the Telephone Company office between 'K' and 'L' Streets. The Safety Commission approved the two-way left turn lanes. Mr. Cole discussed the area on Broadway between 'H' and 'I' Streets which had the highest accident count in the City. When the two-way left turn was put in, the accidents were rediced to a minimum cou~t. The area between 'J' and 'K' ranks 9th in the City for accidents. Dr. Victor Gould Dr. Gould stated he owns the medical 721 Third Avenue building at 721 Third Avenue in which he has invested $70,000. He claimed he would suffer a heavy financial loss and hardship if the on-street parking was taken away from him. He has three off-street parking spaces now which he and his nurses use. Post Office traffic The Council held a discussion as to the possibility of waiting to see what traffic will be generated by the Post Office, before action is taken in installing the two-way left turn lanes. Motion for no action It was moved by Councilman Scott and seconded by Councilman Hobel that no action be taken until such time as it is determined what problems will be encoun- tered with the traffic generated by the Post Office. Councilman Hyde spoke against the motion, pointing out the staff's recommendations and that of the Safety Commission to put in this two-way left turn lane. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Egdahl Noes: Mayor Hamilton, Councilman Hyde Absent: None EXECUTIVE SESSION It was moved by Mayor tlamilton, seconded by Councilman Scott and unanimously car- ried that the Council adjourn to an Executive Session, for personnel reagong, after "Written Communications." - iii - COUNCIL COMMENTS It was moved by Councilman Scott and seconded by Councilman Hobel that there be no Council Comments this evening. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: Councilman Hyde Absent: None WRITTEN COM2qUNICATIONS Request from Chula Vista Permission is being requested by the Art Guild for permission Chula Vista Art Guild for permission to to use lawn area at Norman hold its annual Art-For-A-Song Mart Park Center for annual on June 16 and 17, 1972, on the lawn area Art-For-A-Song Mart at Norman Park Center. The Art Guild is also requesting a waiver of the license fee; proceeds from the sale of the miniature paintings will go to benefit the Trainable Mentally Retarded Program. Permission granted It was moved by Councilman Egdahl, seconded by Councilman Scott and unani- mously carried that permission be granted to hold the Art-For-A-Song Mart on June 16 and 17, 1972, and approval is given for a waiver of the fee. Request for consideration State Senator Lawrence E. Walsh is re- of legislation relating to questing Council reaction to Senate Bill the minimum speed limit on 938 which adjusts the minimum speed limit State highways and City and from 25 to 35 miles an hour on State highways County roads with specified exceptions such as school zones, hospital zones, and any other area where a lesser speed is deemed necessary. Senate Concurrent Resolution 33 urges cities and counties to follow suit. Referred to staff It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this matter be referred to staff for report and recommendation. Request for use of City Mr. James E. Miller is requesting Council property for training consideration to use a small portion of the hunting dogs Chula Vista Municipal Golf Course in Bonita for the purposes of training hunting dogs to retrieve dummies from one of the ponds located in the extreme northwesterly end of the golf course. Mr. Miller has set forth certain provisions and conditions which the owners of these dogs would follow. Referred to staff and It was moved by Councilman Scott, seconded Parks and Recreation by Councilman Hyde and unanimously carried Commission that this matter be referred to staff and Parks and Recreation Commission for report and recommendation. Letter from Youth Commission Gayle McCandliss, Chairman of the Youth pertaining to appointment Commission, is requesting Council's im- of new members mediate action to selecting new Yonth Commissions. They are having difficulty in obtaining a quorum at their meetings for any official action and indicate that any interim solution would be appreciated. - 11 - It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this request be noted and that it include all commissions that currently have vacancies. Request from Chamber Mr. D. Richard Kau, President of the of Commerce for Council Chula Vista Chamber of Commerce, has Conference regarding written a letter discussing the current police protection policy of the City in not allowing the use of firearms in the apprehension of criminals. They believe that because of this policy the crime rate is rising rapidly in this City, and they are re- questing a Council Conference to discuss the matter in detail. City Manager Thomson asked for time to meet with Mr. Kau and the Police Chief to discuss this matter, as he felt it was was a matter of misunderstanding on the part of the Chamber, Mayor Hamilton directed the City Manager to meet and discuss this matter. EXECUTIVE SESSION The Council adjourned to Executive Session at 11:40 p.m. and the meeting reconvened at 12:10 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 12:11 p.m. to the meeting scheduled for 3:00 p.m., May 3, 1972, in the Council Conference Room. City~ Clerk -12-