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HomeMy WebLinkAboutcc min 1972/01/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 23, 1972 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: 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, Director of Parks g Recreation Jasinek 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 Egdahl, seconded by Councilman Hobel and unanimously carried that the minutes of the meeting of January 18, 1972, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. Gregory Cox, member CO~ISSIONER of the Parks & Recreation Commission, as guest commissioner for this meeting. QUARTERLY FINANCIAL REPORT - Mr. K. Nick Slijk, Director of the Chamber of CHAMBER OF COMMERCE Commerce, submitted the financial report. Mr. Sli~k commented on the trip the Mexico Committee of the Chamber is planning to make in March to Irapuato, during the Strawberry Festival. ORDINANCE NO. 1382 - In January 1971, Dr. and Mrs. James Eischen APPROVING EISCHEN'S VISTA quested annexation of their property to the City DEL RANCHO ROAD )aNNEXATION- because they desired to connect to the city sewer FIRST READING system. Connection to the sewer was authorized; however, annexation was held up pending the out- come of the Sweetwater Valley Annexation. Eischen's annexation has now been renewed. LAFCO approved it on January 3, 1972; Planning Commission gave its approval on November 1, 1971. Ordinance placed on first It was moved by Councilman Hyde that this ordinance reading 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 Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1383 - Mayor Hamilton thanked Chairman John Kingston and CALLING ELECTION FOR CHARTER his committee for the work and time spent on this CHANGES matter. Councilman Scott commented that he had not received the recommended Charter changes. Recess It was moved by Councilman Hyde, seconded by Coun- cilman Scott and unanimously carried that a recess be called so that Councilman Scott will have time to review the recommendations. A recess was called at 7:17 p.m. and the meeting reconvened at 7:29 p.m. Section 502 Councilman Mobel stated that this section should Compensation for Council have the statement that the Salary Review Com- mission members would be selected "from without" the boards and commissions. Proposition "B" It was moved by Councilman Hobel, seconded by Motion to amend Councilman £gdahl and unanimously carried that Proposition "B" include the verbage that the Salary Review Committee would be selected by the boards and commissions from other than the membership of said boards and commissions. Councilman £gdahl remarked that by this Charter change, the voters will not be voting for a salary increase as such, but on a procedure whereby any recommendations for a salary increase would be brought about. Peter DeGraaf Mr. DeGraaf stated that the Taxpayers' Association's President, Taxpayers' Assoc. committee studying the charter changes moved for a "yes" vote on Proposition C-D-E-F-G-H. Proposition J Mr. DeGraaf stated that, at the present time, Tax Limits there is a general fund of $1.00 maximum for police, fire, streets and public works. The library (.30), planning (.20) and public works (.30) brings this to $1.80. The committee opposes eliminating these special levies and adding them to the general fund levy. The present system has been successful from its inception and has rarely worked a hardship on the departments. Their op- position to this change is: (I) it would invite undue pressure from groups interested mainly in one phase of the City's operation; (2) it would remove an effective break on runaway appropria- tions with the result of shortchanging some departments and unbalancing the City's services; (5) an increase in taxes. Proposition B Mr. DeGraaf stated this proposition is certain to Salary of Councilmen create controversy and needs to be studied. It takes away from the people the prerogative to vote on the matter before it comes to pass. Council discussion Council discussed the two issues with Mr. DeGraaf. City Attorney Lindberg commented that the Legis- lature could adjust the compensation schedule for both general law and charter cities, if they chose to adopt it. In general law cities, the Mayor's salary is set by ordinance, without a vote of the people. James Dyar Mr. Dyar stated he is representing the Chula Vista 175 Rivera Court Firefighters Association, and stated they were disappointed to see that the Council "shelved the suspension section." John Kingston, Chairman Mr. Kingston discussed the limited time the committee Charter Review Committee had to review this section (807). He noted the five-day limitation as approved by the administrative branch and suggested a rewording of paragraph one to be put before the voters at this time incorporating the five-day limitation, with any right of review to be set by ordinance. This right of review could be sent to the Civil Service Commission in the interim period. - 2 - Election dates discussed Council discussed the elections that periodically take place each year, and the possibilities of having this question on one of those ballots. City Manager's comments Mr. Thomson confirmed his feelings that five days would be adequate; however, he doesn't have the background of the department heads' conunents on this. Motion to refer to It was moved by Councilman Egdahl, seconded by Civil Service Commission Councilman Hobel and unanimously carried that the recommendation of the Charter Review Committee regarding Section 807, the five days without right of review, be referred to the Civil Service Com- mission. This Commission is to ad¥ise the Council on this, after they have held a public hearing and received testimony on it. This recommendation i$ to also be sent back to the Charter Review Committee for reconsideration. A special meeting of this committee can be held on this matter. City Attorney's comments Mr. Lindberg commented on the one case in California that the courts approved the five-day suspension as being allowable without a right of review. Date removed from motion Councilman Egdahl removed the reference to the specific number of days from the motion. Council- man Hobel agreed to the second. Ordinance placed on first It was moved by Councilman Egdahl that the ordinance reading and adopted be placed on its first reading and adopted as amended and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Couneilm~n Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Residency requirement Councilman Scott discussed the residency require- ment commenting that the commission should also be charged with the responsibility of making a recommendation on this section, and bring this back to the Council at the same time Section 807 will be back. RESOLUTION NO. 6318 - By this resolution, the City Council authorizes the AUTHORIZATION TO FILE A City Attorney to file a written argument for the WRITTEN ARGUMENT FOR A CITY Civic Center-Library Development Bond issue. MEASURE The City Clerk has fixed the date of February 17, 1972, S:00 p.m. as the final date for filing argu- ments. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde~ Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 6319 - On January 11, 1972, the City Council approved an APPROVING VARIANCE FOR appeal of John L. Dow from a denial of a variance from PROPERTY AT 98S NACION AVENUE = the Planning Commission. This resolution includes REDUCTION IN FRONT YARD SETBACK the findings and conditions of that approval. Motion to add condition It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously ca~ried that, in addition to the landscaping requirement, the ap- pearance of the fence be also subject to the approval of the Planning Department. Resolution offered Offered by Councilman Egdahl as amended, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 6520 - Director of Planning Warren submitted a map ex- APPROVING REVISED TENTATIVE plaining that this is a one-lot subdivision map MAP OF BONITA VIEW TERRACE involving a condominium development with 48 SUBDIVISION dwelling units. The tentative map has been pre- viously approved by Council; however, it was necessary to relocate the entrance road, thereby requiring a revised map. The subdivision is located east of Otay Lakes Road, north of Bonita Vista Junior High School. 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. 6321 - On January 3, 1972, Lorene V. Craig applied for a APPROVING UNCONTROLLED EMBANK- permit to place an uncontrolled embankment on her MENT AGREEMENT FOR PROPERTY AT property. She further executed an Agreement for 673-1/2 SEAVALE STREET Land Development for Uncontrolled Embankment. The Director of Public Works recommends approval. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6322 - On January S, 1972, San Diego Trust and Savings APPROVING UNCONTROLLED EMBANK- Bank, as Executor of the Estate of Earl R. Severin, MENT AGREEMENT FOR ASSESSOR'S applied for a permit to place an uncontrolled em- PARCEL #618-6-76 ALONG THE bankment upon this property. The standard Agree- SO0 BLOCK OF ARIZONA STREET merit has also been executed by said Bank. The Director of Public Works recommends approval. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, tlobel, Hamilton Noes: None Absent: None Motion for review It was moved by Councilman Hyde and seconded by Councilman Egdahl that the agreement of the un- controlled embankments be referred to the City Attorney and staff to determine whether or not a change in the procedure should be recommended - that of having to obtain the approval of the City Council. - 4 - Motion fails The motion failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Scott, Hobel, Hamilton Absent: None RESOLUTION NO. 6323 - In accordance with Section 2.508 of the City Code, ACCEPTING BIDS AND AWARDING informal bids were received for the grading at CONTRACT FOR GRADING AT Loma Verde Park as follows: LOMA VERDE PARK Bratcher Construction Company $3,250 Hale and Sons $3,500 This is budgeted under the 1971-72 Capital Improve- ment Program (PR-S-71). Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 6324 - The City Attorney, in a written report to Council, APPROVING CASH ADVANCE TO explained that a no-interest loan to the Downtown DOWNTOWN ASSOCIATION Association was approved to cover the funding deficit regarding the 9th Annual Starlight Yule Parade. Because of the revised role of the Down- town Association due to the creation of the Downtown Improvement District, they are not able to repay the loan. It is the recommendation of the City Attorney and City Manager that a grant of funds be approved for payment of this loan. K. Nick Slijk Mr. Slijk, in answer to Councilman Hobel's in- Chamber of Commerce quirie$, stated the Association came to the Council prior to signing the contract for the Christmas decorations and were promised payment through the Promotion District, if this became effective. The Promotion District takes over all these functions, and in this respect, the Downtown Association has ceased obtaining dues. There is a small fund still pending for some remaining obligations. City Manager's comments blr. Thomson confirmed the fact that their treasury balance was accounted for in terms of other com- mitments and obligations. It would be his recom- mendation that this be approved with the following stipulations: (1) this will be last act of City support to Association and District; (2)this will allow the District to start fresh; {$) City as co-sponsor of event is associated with long over-due payment of bills outstanding. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egd.ahl Noes: Councilman Scott Absent: None RESOLUTION NO. 6325 - On January 18, 1972, the City Council met with the ADOPTING PUBLIC POLICIES Board of Port Commissioners and considered the RECOMMENDED IN CHULA VISTA seven public policies as recommended by the con- BAYFRONT STUDY PRELIMINARY sultants, Sedway/Cooke. ANALYSIS - S - This resolution sets forth the policies as recommended by the Council and Port Commissioners. 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. 6326 - In a report to the Council, Chief of Police Winters APPROVING APPLICATION FOR reported that grant funds for short-term programs GRANT FOR LAW ENFORCEMENT are currently available through the Law Enforce- PURPOSES ment Assistance Act and the California Council of Criminal Justice. A request for grant funds will provide for the purchase of a 16 mm. movie pro- jector, 3 films and the use of a consulting psychologist--the films pertain to the training in the area of Stress. Matching City funds for the grant are in the form of salaries for those being trained. 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. 6327 - City Manager Thomson explained that at its meeting ADOPTING COUNCIL POLICY FOR of August 5, 1971, the Council directed staff to FUNDING OF PRIVATE ORGANIZA- prepare a recommended Council Policy on the appro- TIONS/INDIVIDUALS priation of City funds for private and/or public organizations. This resolution delineates those policies. 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 RECOMMENDATION OF ENVIRONMENTAL The ECC is recommending that the City Council oppose CONTROL COMMISSION REQUESTING the variance requested by SDG&E from the Air Poilu- COUNCIL OPPOSITION TO VARIANCE tion Control District in regard to the emission of REQUESTED BY SDG~E oxides of nitrogen from their South Bay Plant. This recommendation is based on a similar recommendation made by Dr. J. B. Askew to the Board of Supervisors and the fact that the residents of Chula Vista and the surrounding area are the immediate recipients of the South Bay Plant's emissions. Motion to accept recommendation It was moved by Councilman Scott and seconded by Councilman Hyde that the recommendation of the ECC be accepted. Council discussion Councilman Hobel discussed the meeting he attended of the ECC during which they voted to recommend opposing the extension of time. -6 - Councilman Hobel commented on the research material he obtained pertaining to the request of the SDG&E and the operation of their South Bay power plant. Dr. Richard Glenn, Chairman ECC Dr. Glenn explained that any violation of the regu- lations for Air Pollution Control District can go before a hearing, composed of three people. This is where the SDG&E request is now. Dr. Askew's position on this is not to grant SDG&E a variance. Dr. Glenn added that he does not have all the background information on this. Motion withdrawn Councilman Scott withdrew his motion and Councilman Hyde withdrew his second. Motion to refer back to ECC It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that this matter be referred back to the ECC in order to obtain the accompanying data from Dr. Askew as to the reasons for recommending denial of the variance. This is to be brought back to the City Council. Councilman Egdahl asked for information as to the precise effect of a "brown-out" in this area. RECO~qENDATION OF YOUTH A request has been submitted by Randy Young and COb~ISSION-CITY SPONSORSHIP Steve Jones for City help in sponsoring a cross- OF A CROSS-COUNTRY BICYCLE TRIP country bicycle trip. The Youth Commission re- commends that the Council grant this request. The two men are requesting funds for the trip, plus train or plane fare back. During the trip, they will visit recreational departments in various cities, doing volunteer work and obtaining pamphlets and pictures for the City. Referred to staff It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that this matter be referred to staff for report. REQUEST OF YOUTH CO~ISSION The Youth Commission is recommending Council FOR PARKS AND RECREATION' approval of a bike ride in April of this year, DEPARTMENT IMPLEMENTATION OF from Rohr Park to Loma Verde Park. The ride "YOUTH BIKE RIDE" will be open to all members of the community. They further request that the Parks and Recrea- tion Department implement plans for the bike ride. Approved in concept It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be approved, in concept. The staff is directed to work with the Parks and Recreation Commission and report to Council the cost and other details. ORDINANCE NO. 1573 - This matter involves the rezoning from R-E to REZONING PROPERTY EAST OF R-I-iO-P which is necessary to effectuate a Planned OTAY LAKES ROAD, NORTH OF Unit Development previously adopted by the City BONITA VISTA JUNIOR HIGH Council. SCHOOL - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this ordinance reading 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: - 7 - AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1380 - This ordinance involves a rezoning to R-3-G-D-F REZONING PROPERTY LOCATED and A-8-D-F for two parcels of property, NORTH OF BONITA ROAD, 600 FEET EAST OF ALLEN SCHOOL ROAD AND BONITA ROAD INTER- SECTION - SECOND READING AND ADOPTION Ordinance placed on second It was moved by Councilman Hyde that this ordinance reading 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 Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None REPORT ON PEDESTRIAN Director of Public Works Cole presented a written CROSSWALK AT E STREET AND report to the City Council. tte presented a chart JEFFERSON AVENUE - DIRECTOR showing the total pedestrian crossings at this OF PUBLIC WORKS point. There were 10S crossings between the hours of 8:00 a.m. and 5:30 p.m. on December 29, 1971, 90% of which were made by the same pedestrian making two crossings. Mr. Cole reported on the costs of installing a traffic signal at this location and the costs of an underpass and overpass. Mr. Cole further explained that the staff is now working on proposals for the beautification of E Street from I-S to Broadway, which will include center island landscaping. In view of this, alternatives for pedestrian crossing may be avail- able at a later date. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. CLOSING OF STREET Director of Public Works Cole reported on the closing of a portion of Otay Valley Road in con- junction with the development of Rancho Rios Subdivision. The road will be closed for a period of 56 days in order to put in the sewer, water, curbs, gutter and repaying. Access to these streets will be serviced from the west. Report accepted It was moved by Couacilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Council- man Egdahl and unanimously carried that the Council adjourn to Executive Session after 0ral Communica- tions for making appointments to Boards and Commissions and for pending litigation. January 26 Conference Mayor Hamilton noted that the item regarding the Claremont Environmental Study, scheduled for Council Conference on January 26, is being requested by Dr. Glenn for a continuance as he hasn't had a chance to fully review the report. Item continued It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this item and the one on the Parking Place Com- mission be held over for the next Council Conference. Conference Rescheduled It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Conference be rescheduled for February 3, 1972, at 3 p.m. UTILITY LINES Councilman Scott questioned whether the SDG&E must get a permit, under the present franchiee, to install or move utility lines. City Attorney indicated they did not, but that this was one of the things to be discussed in the negotiations. Escondido Agreement Councilman Scott moved that the City Clerk obtain a copy of the agreement made by Escondido and the SDG&E Company. After the Council reviews this agreement, then a Council Conference should be scheduled to discuss it. Councilman Hyde seconded the motion and it carried unanimously. PARK DEVELOPMENT SCHEDULE Councilman Hyde asked for a time schedule regarding the improvements to the various parks, which work is to be included in the $100,000 park development program. City Manager Thomson stated this report will be available next week. RIDERSHIP REPORT Councilman Egdahl asked for a report on the rider- ship report of the Chula Vista bus lines. GAS TAX FUNDS Co~cilman Egdahl requested a report regarding the Gas Tax Funds from the City Manager. He suggested this be set for a Council Conference in the future, at which time the Council w~ll be able to review it. Conference to be scheduled City Manager Thomson stated he would have this ready for the next Council Conference following the one scheduled for February 3, 1972. Councilman Hyde referred to the communication from Randolph Wost~ Jr., relating to a problem of lighting. City Attorney's comments City Attorney Lindberg stated he is checking into this, along with the fence problem affecting Mr. West and his neighbors, as discussed at the last Council meeting. WRITTEN CO~UNICATIONS Request for closing of City The Chula Vista Jaycees are requesting Council sup- streets for bicycle race - port of a bicycle race to take place on Sunday, Chula Vista Jaycecs February 20, 1972, beginning at 8:00 a.m. The race will start from the Chula Vista Memorial Bowl on Parkway~ south to Third Avenue to G Street, Hilltop Drive, Telegraph Canyon Road to Otay Lakes Road, north on Otay Lakes Road to Bonita Road, west to Vista Drive to Pepper Tree Drive to G Street, Third Avenue and back to finish at Parkway - a 14 mile route. The Police and Parks & Recreation Departments have pledged their full cooperation for this event. Tentative approval given It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that approval be given subject to the recommendations of the City Manager. RESIGNATION OF MRS. MARISE Mrs. Marise Corbin, member of the ECC, has sub- CORBIN FROM ENVIRONMENTAL mitted her resignation from this Commission CONTROL CO~ISSION stating that personal reasons prevent her from fulfilling her responsibilities as a commission member. Resignation accepted with It was moved by Councilman Egdahl, seconded by regret Councilman Scott and unanimously carried that the letter be accepted with regret and a letter sent to Mrs. Corbin expressing Council's appreciation for her services on this commission. ORAL COMMUNICATIONS K. Niek Slijk Mr. Slijk asked for a Council policy whereby when resolutions are drafted, if it affects any organ- ization or group, that party receive a copy of the resolution, Councilman Scott suggested that anyone interested in obtaining these resolutions, should go on the mailing list, or leave their name with the City Clerk. Resolution pertaining to funding Mr. Slijk commented on this resolution: of private organizations On item #3 - referring to discriminatory practices. This is vague and should be spelled out. On~ item #4 - referring to audit of financial statement. This should be more lenient for the small organizations that would not be able to afford this audit. Referring to "private organizations or individuals" - Mr. Slijk questioned whether an individual also would have to submit a financial statement. Item #$ - referring to certified public accountant to provide audit if ... membership or Board changes. In the smaller organizations, the membership of a Board changes every year. Mayor Hamilton noted the section also contains the words "unless exempted by the Director of Finance." Herb Lathan Mr. Lathan stated he is representing the campaign Carla Street for the new library. He stated they need $367.50 for an architect's rendering of the new Library. Mr. Lathan noted the costs of the different size signs. He added that the campaign office has been donated by the SDG&E - their old office on F Street, rent free. They are waiting to get a release from the City Attorney before they can move into these quarters. - 10- Referred to staff Mayor Hamilton referred this request to the staff for investigation and recommendation. Charles Billings Mr. Billings stated he is a member of the Human Mission Avenue Relations Commission. He declared that recent events in this City in regard to the City's stand against anti-discriminatory measures are commendable. EXECUTIVE SESSION The Council adjourned to Executive Session at 9:15 p.m. and reconvened at 10:10 p.m. APPOINTMENTS TO CO~ISSIONS It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the following appointments be made: Planning Commission - Paul Whitten ECC - Richard Marasso ADJOURNMENT Mayor Hamilton adjourned the meeting at 10:12 p.m. to the meeting scheduled for Tuesday, February 1, 1972. - 11 -