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HomeMy WebLinkAboutcc min 1972/03/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday March 21, 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 Works Cole, Director of Building an~ Housing Grady, Senior Planner Williams, Director of Personnel McCabe 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 Scott, seconded by Councilman Egdahl and unanimously carried that the minutes of the meeting of March 14, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST CO~NISSIONER Mayor Hamilton introduced Mrs. Alice Foster, member of the Library Board, as guest com- missioner for this meeting. ORAL CO~UNICATIONS Bradley Smith Mr. Smith asked for a waiver for a permit to 468 Vista Way be granted to Starlight Center ~er its new grading plan. This will be for paved parking, landscaping and upgrading of the area. Mr. Smith also asked for waiver of fees and a permit to hold its second annual carnival from April 12 through April 16, 1972, on the same site as held last year (Third Avenue). Permission granted and It was moved by Councilman Hyde, seconded by fees waived Councilman Scott and unanimously carried that Starlight Center be granted permission to hold its second annual carnival, and that fees for this event be waived. Also approved is a waiver for a permit to be granted to the Starlight Center for its new grading plan. PUBLIC HEARING - The applicant is requesting a zone change from CONSIDERATION OF CHANGE OF I-L to R-$ for approximately the four acres of ZONE FOR PROPERTY LOCATED land. ON THE EAST SIDE OF ALBANY AVENUE BETWEEN TREMONT AND MONTGOMERY STREETS Larry Waldorf, Attorney Mr. Waldorf stated he was the attorney repre- senting the property owners. He met with the City Manager and City Attorney and was informed that the City was interested in buying this property. He asked that the matter be con- tinued for 30 days and held in abeyance pending negotiations for the sale of this property. - 1 - Continuance granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be postponed to the meeting of April 25, 1972. ORDINANCE - (Postponed to the meeting of April 25, 1972.) REZONING PROPERTY LOCATED EAST OF ALBANY AVENUE BETWEEN TREMONT AND MONTGOMERY STREETS FRON I-L TO R-1 - FIRST READING UNANIMOUS CONSENT ITEM: PUBLIC HEARING - Director of Public Works Cole noted the 1911 BLOCK ACT - PHASE XIV properties in question, explaining the pro- cedure of a 1911 Block Act whereby S0% of the lineal front footage of the block has been paved. City Attorney's comments City Attorney Lindberg stated the purpose of the hearing was to hear testimony from those people who are opposed to this paving, since they would be the ones charged with the ex- pense of putting in this pavement. Cost of improvements In answer to Councilman Egdahl's inquiry, Mr. Cole remarked that no cost estimate has been made for the improvements, since this would be difficult to determine. It varies on each lot depending on the amount of grading to be done. City Attorney Lindberg explained that the Council can elect to have the payments made over a 10-year period with the 6% factor. Public hearing opened This being the time and place as advertised, the public hearing was declared opened. Virginia Mc Mahon Mrs. Mc Mahon stated she was not against the 436 First Street improvememts~ however, 50% of the improvements are not in on Guava. She stated she cannot afford to put in her required improvements. Mr. Cole explained that 50% of the improvements are in on Guava from Fern to E Street. The block Mrs. Mc Mahon is discussing is on the opposite side of the street. Saburo Muraoka Mr. Muraoka asked that his real estate agent 1480 First Avenue speak for him, as he is selling this property. Charles Rice Mr. Rice stated he is the agent for Mr. Muraoka. 1352 Third Avenue He asked for a 90-day extension on this matter, which will give the contractor the necessary time to get plats, drawings, etc. worked out. They are currently working with the Planning Department on this. Ora Williams Mrs. Williams read a letter from the City At- 495 Smith torney dated July 28, 19~9, regarding the construction of the alley improvements north of H Street between Smith and Fifth Avenue, in which he stated that the improvements would have to be put in at such time as the redevelop- ment of the property, or individual parcels thereof, necessitated the installation of said improvements. - 2 - John Sipula Mr. Sipula said he would like to enlighten the 268 Shasta Street Council on existing conditions in the area. City Attorney Lindberg commented that the hearing is opened to those people that are going to be affected. Comments from the public in the nature of a commentary on the proceed- ings is out of order. Mayor Hamilton remarked that Mr. Sipula could speak on this under "Oral Communications." Walter Urban Mr. Urban declared that there are 17 cracks in S42 Otis Street the pavement between Home Federal and Treacher's Fish and Chips business. He added that the City put in this paving for the bank building on the corner. City Attorney Lindberg stated that the City did not put in this paving. He explained that this is a requirement of any construction that is $S,000 or more - the public improvements must be put in. Motion to continue for two weeks It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this matter be continued for two weeks and referred to the staff for a more detailed report. Councilman Hobel asked that the report also contain consideration of the 90-day extension requested by Mr. Muraoka. Recess A recess was called at 7:40 P.M., and the meeting reconvened at 8:03 P.M. ORDINANCE NO. 1390 - Action on this ordinance was continued for AMENDING ORDINANCE 1372 one week to allow for dissemination as RELATING TO THE IMPOSITION modified, pursuant to the Council request. OF A MORATORIUM AND ESTABLISHING A PROCEDURE FOR THE ELECTION OF A NEW ADVISORY CO~qITTEE - DOWNTOWN BUSINESS IMPROVEMENT AREA - FIRST READING Ordinance placed on first It was moved by Councilman Scott 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 Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None ORDINANCE NO. 1391 - City Attorney Lindberg explained that the AMENDING SECTION 28.302 title companies have informed the City that SUBDIVISION ORDINANCE TO after July 1, 1971, they would no longer sign ALLOW FOR TITLE GUARANTEE a certification on the title sheet of final IN LIEU OF CERTIFICATE subdivisions indicating that all parties who -FIRST READING had any interest in the property being sub- divided had signed the map and consented to the recordation of the subdivision. After that date, they would only provide a guarantee in the amount of $1,000 that all persons necessary to consent to the recordation of the subdivision map had registered their consent. - 3 - It is now requested that these changes be incorporated in the Subdivision Ordinance. 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. 6374 - Director of Public Works Cole explained that AWARDING OF CONTRACT FOR "H" the undergrounding of utilities on H Street STREET PARTIAL RESURFACING required a large trench along the south side of H Street between Fourth and Fifth Avenues. In order to allow for a two-way left turn lane in this portion of H Street, which will result in one lane of traffic traversing this longi- tudinal trench patch, remedial work must be done to provide a smoother paving surface. The following bids for this work have been received: Maximum Estimated Unit Thickn~s Quantity Price Total V. R. Dennis 1/2" 160 T. $12.50 $2,000.00 3/4" 240 T. $11.25 $2,700.00 Griffith Co. 1/2" 158 T. $12.40 $1,959.20 3/4" 238 T. $10.90 $2,594.20 Daley Corp. 1/2" 160 T. $11.00 $1,760.00 3/4" 240 T. $11.00 $2,640.00 It is recommended that the contract be awarded to Griffith Company for the 3/4" A.C. 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 REQUEST FOR EXTENSION OF TD~E The contractor for the remodeling of City Hall ON CONTRACT FOR REMODELING AND has requested a time extension totalling 75 ALTERATION OF CITY HALL days. As reported by the Director of Public Works, he ~t with the representatiYes of.the contractor¢;~n&the architect and have con- eluded that a 65 day time extension is reasonable and justified. Extension granted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the extension be granted. ORDINANCE NO. 1388 - Following a public hearing on March 14, 1972, ANNEXING OTAY VALLEY ROAD to consider the annexation of 497.61 acres, ANNEXATION - SECOND READING the City Council placed the ordinance on its AND ADOPTION first reading. Ordinance placed on second It was moved by Councilman Scott that this reading ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None - 4 - REPORT REGARDING BOYS' City Manager Thomson reported that he held a BASEBALL AND LITTLE LEAGUE meeting on Friday, March 17, 1972, with the PLAYING FIELDS staff, representatives of the School Districts and all baseball leagues. He discussed the problems discussed, which primarily centered around scheduling of the fi~ds for night playing. A solution was arrived at by having the South Pony League use the field on Tuesdays, Thursday and Saturdays, and the North Pony League on Mondays, Wednesdays and Fridays. Another matter under discussion was the Colt League practice field. Last year, they used the Chula Vista High School field, but because the field was needed by the other leagues, it was decided to have the Colt league practice at Bonita Vista High School. John Cooper Mr. Cooper stated he is president of the Chula 82 East Rienstra Vista Pony South and Colt Leagues. As far as the practice field for the Colt League is concerned, they are unhappy about this, and feel the staff is discriminating against the boys 15 and 16 years of age. Chula Vista High School field was a central location for these boys and now they must ride their bikes five miles away to practice. Mr. Cooper requested they be given the Chula Vista field back. Max Alexander Mr. Alexander said he was the president of 878 Colorado Chula Vista Little League. They have 71 boys playing and they have one field to practice and play on. Last year, the Colt league used this field (Chula Vista High) to practice on. Mr. Alexander declared that no one is discrimi- nating against these boys; most of them have motor bikes and can ride ~n them a skort dis- tance to practice, whereas his boys cannot. Use of Montgomery High Mayor Hamilton asked about the possibility of using Montgomery High School in this playing area, and asked the City Manager to check with the school district on this. Practice field at Councilman Hobel asked if the southwest corner Chula Vista High of the Chula Vista High field could be used as a practice field. Mr. Alexander stated he offered this to Mr. Cooper, but Mr. Cooper turned it down. John Sipula Mr. Sipula asked if there was any City-owned 268 Shasta Street land that could be temporarily put to use as a practice field. F Street School site It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that thc report of the City Manager be accepted and thc staff look into the possibility of utilizing the F Street property as a temporary practice field. Motion for Council policy It was moved by Councilman Hobel, seconded by regarding maintenance Councilman Scott and unanimously carried that the staff bring back a policy, for Council consideration, regarding maintenance of City- owned fields and the areas outside the playing fields direct (houmekeeping maintenance). Recess A recess was called at 8:40 P.M., and the meeting reconvened at 8:al P.M. - S - REPORT ON PAVING OF EXTENSION Director of Public Works Cole submitted a plat OF D STREET - DIRECTOR OF noting the area in question. He explained that PUBLIC WORKS/CITY ENGINEER because of difficulty in getting to the pump station during inclement weather, the City did pave a portion of D Street. In addition, prior to the building that has taken place in this area, the City did apply a penetration oil to hold down the dust (approximate 2-3 years ago). Substandard lots Mr. Cole then discussed the charge made at the last meeting (Mrs. Kermott) that the building sites of the J. D. Peters construction was sub-standard. Mr. Cole noted that the three lots contain 9534, 7234, 7325 square foot lots, respectively, and are standard in area. In answer to Councilman Scott's inquiry, Mr. Cole explained the disadvantages of oiling the streets to keep the dust down. Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the staff look into the feasibility of utilizing some material that would cut down the dust on this street, and report those options and the costs back to the Council. The report is to be brought back in three weeks (April 11). Robert French Mr. French noted the improvements in front of 129 Second Avenue his home would cost him $9,000, and there is no way in which he can afford this. To put a lien on his home for this amount, or even one- half of it, would be out of the question since he would never be able to se~l the home. Mr. French commented that the City trucks do use Second Avenue to get to the pump station. Suggestion to close street Councilman Hyde suggested that a street be blocked off, if this would be feasible and legal. Councilman Scott stated this would be one of the options included in the motion. REPORT OF INSPECTION PROCEDURES Mr. Eugene Grady, Director of Building and ON J. D. PETERS DEVELOPMENT - Housing, discussed the inspection procedures DIRECTOR OF BUILDING AND followed in regard to the three homes built HOUSING by Mr. Peters. The same procedure was followed as with all plans. The lots were of adequate size; the houses built on them were relatively small dwellings; and they met all the Code re- quirements. Report accepted It was moved by Councilman Mobel, seconded by Councilmsn Hyde and unanimously carried that the report be accepted. Susan Watry Mrs. Watry discussed the three homes noting 81 Second Avenue that the driveway of one was three feet above the sidewalk. She discussed this with the Director of Planning and the City Attorney. In a letter written to her from Mr. Warren, he stated it would be virtually impossible for these people to use the garage. The driveways have been excavated but it is so steep as to make it difficult to use. - 6 - On June 9, 1971, she received a letter from the City Attorney in which he agreed that the use of the garage would be impossible, but explained that the City does not have control over driveway gradings, but these provisions will be put into the Subdivision Ordinance. Mrs. Warty noted the property lines in the area stating that she doubts that the lots meet the minimum standards. She indicated that there were many problems confronting these sites and felt that perhaps some favora- tism was granted the developer. Mrs. Fuentes Mrs. Fuentes reported on the number of times 110 Minot Avenue the City forces came out to grade the road. She indicated that the cost of the equipment and men sent out was more than if the City would pave the road. City Manager's comments Mr. Thomson stated that if anyone wants to go through, step by step, the procedure taken by the staff in regard to these plans, they would be most welcomed to do so. He added it was not fair to direct accusations at the staff - it would be more appropriate tot:direct these at the law and recommend changes. LOCAL AGENCY FORMATION Mayor Hamilton commented on the two notices CO~MISSION MEETING of public hearings: formation of Montgomery Street County Service Area, and annexation of certain territory to the Bonita-Sunnyside Fire Protection District. He directed the staff to bring back a report at the next Council meeting, so that a decision can be made as to~ whether or not the City should send representation to these public hearings. LEAGUE OF CALIFORNIA CITIES Mayor Hamilton announced that the next dinner DINNER MEETING meeting of the League would be held in Escondido on Thursday, March 23. Any Council- man wishing to attend should contact the City Clerk for reservations, COURSE IN CITY GOVERNMENT Mayor Hamilton stated that the third course would be held on Wednesday, March 22, 1972. The speakers would be from Planning, Purchas- ing and Building and Housing Inspection. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that the Council adjourn to Executive Session, after Oral Communications, for personnel reasons (labor relations). MEMO FROM CITY MANAGER Councilman Hobel referred to the memo sent to the City Attorney from the City Manager re- garding the Golf Course agreement, and asked if this was to be set for a Council Conference. Mr. Thomson indicated it would be. - 7 - CAMPAIGN EXPENSE REPORTS Councilman Scott noted that the reports were set for discussion at the Council Conference to be held Thursday, March 23, and felt it was not appropriate, at this time, to discuss this. It would be more appropriate to take into account the expenses of this campaign and then discuss the matter. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this item be set for a later Council Conference. CONFERENCE ITEMS It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the report sent by the Director of Planning regarding the relationship of the planned unit development process to City density be set for the next Council Conference. PROPOSITIONS ON BALLOT Councilman Egdahl commented that he has been approached by several people about the possi- bility of having someone speak at the Norman Park Center and Loma Verde Center about the different propositions on the ballot. Motion for speaker It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the staff direct someone to speak to any group making this request. Councilman Mobel suggested the motion be amended to direct the City Attorney to speak. Mr. Thomson, City Mmnager, stated he would work this out with the City Attorney and himself. WRITTEN COMMUNICATIONS Letter of resignation from Mr. Daleo has submitted his letter of resigna- Charles Daleo, Youth Cormnission tion from the Youth Commission. He states that because of severe ~estrictions on his time, he does not now have the time to devote to Commission activities. Resignation accepted with regret It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the resignation be accepted with regret and a letter be sent to Mr. Daleo thanking him for his work on this commission. ORAL C0~g~UNICATIONS John Sipula Mr. Sipula stated he was informed by the people 268 Shasta Street living adjacent to the alley {1911 Block Act discussed earlier on the agenda - alley between H and Broadway off Smith) that they feel they should not have to pave the alley since they have no use of it. If the alley was not put in, these people would have had the use of the property and been able to construct duplexes. Walter Moore Mr. Moore explained the publication which will Union-Tribune Publishing Co. be put out by the Union-Tribune on the day before the Convention (300,000 copies). Five of the six:incorporated areas in the County have agreed to share the cost of this publication, and Mr. Moore asked for Council's reconsideration of this matter. The cost to each city is $250. - 8 - Previous action sustained It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the previous action of the City Council be sustained. EXECUTIVE SESSION The Council adjourned to Executive Session at 9:40 P.M. ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:00 P.M. to the Conference scheduled for 3:$0 P.M. Thursday, March 23, 1972. Clerk - 9 -