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HomeMy WebLinkAboutcc min 1972/01/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday January 18, 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: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Planning Warren, Director of Public Works Cole~ Director of Parks and 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 Councilman Egdahl asked that the minutes be changed regarding the referral to the Safety Commission of the condition of "H" Street. It was his suggestion that "no parking" and center turn lanes be from Fourth Avenue to the freeway, rather than from Broadway to the free- way. It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of January 11, 1972, be approved as amended, copies having been sent to each Councilman. JOINT MEETING - CITY COUNCIL AND Port Commissioners present were: Miles Do BOARD OF PORT COM}~ISSIONERS Bowler, Chairman, Dudley D. Williams, Vice Chairman, C. R. Campbell, Secretary, Milton Fredman, Lorenz H. Ruehle and Walter A. Vestal, Con=aissioners. Also present: Fred Tr~ll, Director of Planning, Don Nay, Port Director, Joseph Patello, Port Attorney. Recon~mended public policies - Director of Planning Warren explained that Director of Planning there are seven policies recommended by the consultants which ar~ in~d~d t~ me~e as a basis for planning and prograrmming actions to be undertaken for the balance of the Chula Vista Bayfront Study. Mr. Warren then dis- cussed the purpose of the study~ scope and goals schedule. He then briefly entailed the outline key issues of the report and gave both the staff's and Planning Conanisslon's recom- mendations on the policies. It was noted that the Council and Commissioners had received copies of all the correspondence from the various organizations and individuals pertaining to these policies. Fred Trull, Director of Planning, Mr. Trull reviewed his recon~aendations on the Port District policies. Basically, the recorm~endations of both Directors were as follows: Policy A: (Chula Vista) Concur with the recom- mendation pending development of land use plans for review. (Port District) This is a public policy and what happens to the salt marsh area will inflnence the planning principles for the adjacent areas. This area is on Santa Fe land, and he has no objection to the recom- mendation provided it is done according to a general plan. Policy B: (Chula Vista) Concur with the under- standing that an occasional use which may require waterfront access will not tolerate interruption by pedestrians or bicyclists. In those cases, walkways or paths can meander around in a manner which might add interest for the user. (Port District) Suggest rewording to be brought more in line with what the Port Dis- trict has adopted: "The Port District will insure physical access to the Bay except as necessary to provide for safety and security but avoid interferences with waterfront activities." Policy C: (Chula Vista) Concur, but consideration must he given to separate pedestrian and/or bicycle overpasses to be constructed at a later date. (Port District) Concur, but would like to see Chula Vista direct the Planning and Engi- neering sections and State Highway Department to provide safe and adequate routes for the pedes- trian and bicyclist. ~: (Chula Vista) Concur with the assump- t the marshlands are to be retained. (Port District) There is a demand for recreational areas in the South Bay. There is a need for compatible industrial development in the A-2 area. Policy E: (Chula Vista) Concur. (Port District) Concur. Policy F: (Chula Vista) Same as Policy D recom- mendation. (Port District) Site A-1 should be restricted to water-oriented industrial activity. Policy G: (Chula Vista) Policy is reasonable hut must be based on stronger market justifica- tion and no typical single-family construction seems feasible. (Port District) Not necessarily sold on residential activities in the Tidelands but it could be done with intricate planning to avoid potential conflicts. Other Issues: Extension of Tidelands Avenue connecting with I-8 and $4 Freeway interchange: (Chula Vista) Supports need for adopted design in absence of feasible alternative, but states consultant makes no specific recommendation on this, but instead asks questions. (Port District) Discussed the problems involved with the freeway design. It seems mandatory, from traffic standpoint, that the intersection with Sweetwater be implemented. After opening of 805, there will be a demand for some type of thoroughfare commercial between National City and Chula Vista. Second entrance Mr. Trull remarked that an assumption should be made that a second entrance will be constructed. Marina Mr. Trull then commented on the relocation of the marina. The Port position is such that unless there is substantial documentation to direct them to evaluate this, it would be his recommendation to proceed with the original plans. -2- Relocation of salt marshes Council and Cormnission discussion ensued on this matter. Mr. Warren stated it would be possible to relocate the marsh; the consult- ants feel there must be a reason to do that-- there must be a need to develop the land. Commissioner Ruehle stated he would like to see Santa Fe pursue the Stanford Research studies. He would also like to see the staff check into reconstituting the salt marshes, so that the marshes can still remain in the South Bay, even though perhaps in another location. Con~nissioner Fredman remarked that in the salt marsh area, there is no tidelands except that which is submerged. If Chula Vista de- re,mines that they want to make this the marsh- land p~eserve, the Port District will go along with this. If there were other areas that might be more suitable for the marshlands, such as the salt ponds to the south, the Port District would not be adverse to this, and this marsh area could then be left in some form of industrial development. Councilman Scott felt that if a relocation of the marsh lands was to occur, it should be done first before consideration is given to eliminating the existing marsh lands. It should be completely in operation before eliminating the present marsh lands. Commissioner Fredman stated that the Sweet- water River marsh should be preserved in its natural state, and all new development (road- ways, structures: etc.) be carefully located and designed to promote this end: unless and until the Council and Co~mnission is satisfied that such marsh and its ecological effects can be relocated to its mutual satisfaction. "J" Street Marina Conrnissioner Campbell save a definition of a marina: a facility which will accom~nodata boats of various lengths at slips and/or anchorages. It requires water 6 feet to 10 feet~ or greater depths. In the location under discussion: this would be more appropriately called a small boat launching ramp, until the day comes that would justify dredging and the creation of slips. When the South Bay establishes the need for a marlna~ it could possibly be relocated at the north end, as suggested by Councilman Scott at one meeting. Therefore, the "J" Street development will be a small boat launching ramp and not a marina, per se. Director of Planning Warren noted that this is part of the consultant's contract, and will be done in the near future. Interstate 5 and 54 Interchange Go~nissioner Ruehle would like to see what the and Tidelands Avenue bridge Santa Fe study holds for this. He added that he would like to see both Chula Vista and the Port District reaffirm their present positions so that the Highway Department can proceed with the construction. Mayor Hamilton con~ented that whatever devel- opment occurs in the Bayfront area~ the traf- fic pattern must be established to acco~nodate it. The Council would like to see Tidelands Avenue completed with its connection to High- way 54 and I-5. -3- The Port District Commissioners reaffirmed their position of Tidelands Avenue. Councilman Hobel suggested the Director of Public Works still try to coordinate with the State Division of Highways regarding the pedestrian and bicycle routes for these areas. Recreational areas Chairman Bowler commented that the Port District is a business, and it must be realized that no direct revenues will be coming in from park areas. These parks will have to be supported, and the Port District will try to avoid going on the tax roles. Policy B Commissioner Fredman pointed out that the Port District has a reservation about the pedestrian access. The District states that the pedestrian access should be provided along the waterfront but compatible with development. Policy G Commissioner Fredman stated that the Port District takes no position on G since they are restricted to any type of residential use on the tidelands. Referred to directors Directors of both entities were directed to work together to reword the proposed policies and present these for adoption at the meetings of January 25, 1972. ORAL COb{~UNICATIONS It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that "Oral Communications" be heard at this time. No one in the audience wished to be heard. WRITTEN CO~B~UNICATIONS It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that "Written Communications" be heard at this time. Request for support of stricter The City Council of the City of Camarillo is standards to control effluent requesting Council support of a resolution to waster - City of Camarillo be sent to the State Water Resources Control Board to initiate action on the implementation of stricter requirements on discharge to the ocean of municipal and industrial waste waters. It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this matter be referred to the Legislative Committee and to the Environmental Control Commission for report. Request for Council action Mr. Norman Sobel is requesting Council to rescind to rescind policy regarding the resolution forbidding City employees from award program - Elks Lodge participating in any awards program put on by the Elks Lodge of Chula Vista, stating that they are not "a racist organization." Mr. Sobel would like to be given the opportunity to discuss this with the Council. Norman Sobel Mr. Sobel stated he is representing himself and 614 Fifth Avenue not the Elks Lodge. He read the definition of "fraternity" and a Statement of Rights as published by the Elks-Hawaiian Lodge. Mr. Sobel commented that the Police Department sent them a letter a couple of weeks ago, asking them to participate in a community service program {robbery prevention). They accepted and set the program for last Wednes- day evening; however, the afternoon of that -4- day, they were called by the Assistant City Manager stating the Police couldn't come because they ~ere a racist outfit". Mr. Sobel explained that the Lodge is trying to get the by-laws changed to delete the '~hites only" clause, but that this takes a great deal of time. City Manager Thomson Mr. Thomson explained the policy of the City whereby City employees, acting on behalf of the City, cannot accept any type of award from an organization which practices discrimination. City Attorney's opinion Mr. Lindberg explained that the Council did not adopt such a policy -- the City Manager proposed the policy. It is the opinion of the City Attorney that the program of burglary prevention in any way constitutes State action in suppert of a group that practices discrimi- nation, and the Elks Lodge does practice dis- crimination. Under the law, the City cannot support such an organization or participate in the programs of that organization. Apology given City Manager Thomson apologized for the mis- understanding that occurred because of this community program. Mr. Charles Fudge, Mr. Fudge stated he supports and believes in Knight, Elks Lodge the Constitution of the United States, and because of this, he became an Elk. He asked how the City could now undo something that has been done. Mayor Hamilton explained the City's policy based on the advice of the City Attorney. PUBLIC HEARING - TO DETERMINE Mr. Lane Cole, Director of Public Works, FORMATION OF UNDERGROUND explained that this hearing was called to UTILITIES DISTRICT ON "J" STREET determine whether public necessity, health, safety or welfare requires the formation of an underground utility district on "J" Street from Interstate 5 to East Park Lane. The utility companies and the owners of the properties in the area have been notified of the hearing. It is proposed that the properties affected be ready to accept the installation of under- ground utility lines by July 1, 1972, and all overhead utility poles and appurtenances are to be removed by October 1, 1972. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the hearing opened. Public hearing closed There being no comments~ either for or against, the hearing was declared closed. RESOLUTION NO. 6312 - ESTABLISHING Offered by Councilman Egdahl, the reading of UNDERGROUND UTILITIES DISTRICT ON the text was waived by unanimous consent, "J" STREET IN THE CITY OF CHULA passed and adopted by the following vote, VISTA to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None -5- Council discussion The Council questioned a few aspects of the undergrounding policy. Mr. Cole stated he would bring these up at the next Underground Advisory Cormnittee meeting. Motion regarding above-ground It was moved by Councilman Hyde, seconded by poles Councilman Scott and unanimously carried that the Director of Public Works be requested to investigate the matter of the aesthetic appearance of above-ground utility poles that must be constructed in an area which is going to underground all utilities with a view to having these poles be as aesthetically pleas- ing as possible. PUBLIC HEARING - CONSIDERATION Director of Planning Warren submitted a plat OF CHANGE OF ZONE FOR PROPERTY noting the location of the property. He LOCATED NORTH OF BONITA ROAD, 600 explained that the Council adopted an interim FEET EAST OF INTERSECTION OF zoning ordinance rezoning this property from ALLEN SCHOOL ROAD AND BONITA ROAD A-8-D-F to R-3-G-D-F on November 23, 1971. This proposal would permanently rezone the area owned by the developer of the property to R-3-G-D-F and would rezone the parcel ex- changed to the City to A-8-D-F. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1380 - REZONING It was moved by Councilman Hyde that this PROPERTY LOCATED NORTH OF BONITA ordinance be placed on its first reading and ROAD, 600 FEET EAST OF THE INTER- that reading of the text be waived by unani- SECTION OF ALLEN SCHOOL ROAD AND mous consent~ The motion carried by the fol- BONITA ROAD - FIRST P, EADING lowing vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1381 - CALLII~G On January 11, 1972, the City Council adopted CIVIC CENTER-LIBRARY DEVELOPMENT a resolution of interest and necessity as the BOND ELECTION - FIRST READING first step in the bond election. AND ADOPTION The ordinance calling for the bond election is the second legal step that must be taken. Total sum of bond issue Councilman Hyde remarked that the question has been raised as to changing the sm of the bond issue. City Attorney Lindberg explained that the first resolution adopted indicates the estimated amount, and contingency factors are built into this. If, at this point, the Council wished to spend reserve funds, the sum total of the bond issue could be modified. The Council concurred that the amount should not be changed. Ordinance placed on first reading It was moved by Councilman Scott that this and adopted ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The ordinance was adopted by the fol- lowing vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes~ None Absent: None -6- RESOLUTION NO. 6313 - AMENDING This resolution is necessary in order to pro- RESOLUTION NO. 6240 RELATING TO ceed with the residential employment under PUBLIC EMPLOYMENT PROGRAM Section 6 of the total Public Employment Pro- gram grant. A grant allocation of $41,850 has been appropriated by the County of San Diego to the City of Chula Vista to continue Section 6 of the Program. 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 ADOPTING COUNCIL POLICY In a written report to the Council, City FOR FUNDING OF PRIVATE ORGANIZA- Manager Thomson explained that the resolution TIONS AND/OR INDIVIDUALS was patterned after that of the City of San Diego as it relates to a policy regarding appropriations for non-governmental organiza- tions. Incorporated in this resolution is a section which deals with discriminatory organ- izations. Councilman Hyde questioned item No. 8 as it refers to "the auditor and comptroller". He suggested this be changed to read "the Direc- tor of Finance". Niek Slijk, Chamber of Commerce Mr. Slijk asked for a postponement in order to present this resolution to their Board of Directors. Continued for one week It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the resolution be continued for one week. RESOLUTION NO. 6314 - APPROPRIAT~ In a report to the Council, the Director of lNG FUNDS FOR PROGRAM FOR Parke and Recreation, William Jasinek, explained DEPARTMENT-SPONSORED TRIPS that the Parks and Recreation Department pro- AND TOURS poses to develop and offer a City-wide program of trips and tours designed to meet the needs and interests of all age levels within the community. The implementation of this program will require an initial appropriation of $750 which wilt be used for the advance purchase of tickets, etc. Each program will be completely self-sustain- ing and the funds requested will remain in the Department's trust account to be used on a re- volving basis.as the trips are offered. Resolution offered Offered by Councilman Egdahl, 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. 6315 - APPROVING Mrs. Carrel B. Hauenstein has requested the AGREEMENT FOR DEFERRAL OF PUBLIC deferral of public improvements as necessi- IMPROVEMENTS AT 168 '~" STREET tared in conjunction with the issuance of a building permit at this address. -7- The Director of Public Works reports that there are no existing improvements in "D" Street between the alley east of Second Avenue and Minot Avenue. Because of the nature of the existing tarrain, it is not practical to construct just a small segment of the full street improvements. The Planning Commission recormnends deferral subject to the posting of security or an agree- ment to guarantee the future installation of the required improvements. The estimated cost is $1,500. 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. 6316 - AMENDING City Librarian Levine explained that the JOINT POWERS AGREEMENT, SERRA libraries in Imperial County have been partici- REGIONAL LIBRARY SYSTEM paring in a demonstration project for reference services under a federally funded grant. Ohula Vista has benefited from this project by receiving cash grants totalling $15,000 used to enrich the reference book collection~ use of the Serra Film Circuit with a collection of 300 films for public use and daily delivery service between libraries to speed inter- library loans. 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 Unanimous Consent Item: RESOLUTION NO. 6317 - DECLARING City Attorney Lindberg reported that a wall WALL CONSTRUCTED ON PROPERTY AT has been constructed on or near 279 Eucalyptus 279 EUCALYPTUS COURT TO BE A Court (property owned by Frank E. Ferreira) PUBLIC NUISANCE which has broken bottles implated on the top of the wall. This constitutes an unsightly and dangerous condition and would endanger the well-being of all those proximate to the dang- erously constructed wall. By this resolution, the City Attorney is directed to take appropriate legal action to abate the nuisance. 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 -8- APPROVING LETTER OF AGREEMENT DATED On January 5, 1972, the City Council took JANUARY 7, 1972 WITH O'MELVENY AND minute action approving hiring the firm of MYERS O'Melveny &Myers, bond counsel, for the Civic Center-Library bond issue. This letter formalizes the agreement and sets out the charges and services which will be performed. Motion to approve agreement It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the letter of agreement dated January 7, 1972 with O'Melveny & Myers be approved. REQUEST FOR APPROVAL OF USE OF The Director of Public Works, Lane F. Cole, GAS TAX FUNDS FOR IMPROVEMENT OF reported that his staff has been working with WEST BAY BOULEVARD the San Diego Gas & Electric Company to accomp- lish the improvement of West Bay Boulevard along the frontage of the South Bay Generating Plant. This area is separated from the SDG&E property by the San Diego Arizona Eastern Coronado Branch Railroad, who refuse to partic- ipate in the improvements. SDG&E has agreed to pay $24,700+ toward the improvements, and the City's portion would be approximately $8,000. Motion to appropriate funds It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that authorization be granted to appropriate approx- imately $8,000 from the City 2107 unexpended Gas Tax funds. ENVIRONMENTAL SEMINARS City Manager Thomson reported that he met with a committee from the Environmental Control Co~nission. It was decided to extend the department head6' meeting once every other month to hear a speaker on environmental con- cerns. In the alternate months, topics such as human relations, public relations, etc., will be discussed. No funds will be utilized for this program during the balance of this fiscal year. NASPA URBAN ADMINISTBATION City Manager Thompson stated this program is FELLOWS PROGRAM sponsored by the National Association of School and Public Affairs Administration, financed through a Ford Foundation Grant. Chula Vista has been asked to participate in this program. This would relate to an intern position, under direction of City Manager. This would actually be an extension of an existing program. There would be no specific funding eor~nitment. Approval granted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that conceptual approval be given for City participation in this program. SOUTH BAY NEIGHBORHOOD CORPORATION Mayor Hamilton stated that this organization is requesting a representative from the City to participate on their Board of Directors. It would be his suggestion that the City Man- ager be selected. -9- City Manager to represent City It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the City Manager, or an alternate of his choice, be appointed to the South Bay Neighbor- hood Corporation. E~CUTIVE SESSION It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council adjourn to Executive Session for the purpose of making appointments to Boards and Commissions, after "Council Comments". MARSHLAND AREA IN SOUTH END OF BAY It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Department of the Interior be contacted to see about a possible grant of re-establish- ing a marshland area (a feasibility study) in the southern end of the Bay. Suggestion to motion Councilman Hyde asked that the word "preserving or re-establishing..." be inserted in the motion. Councilman Scott included this in his motion. Amendment offered Councilman Hobel felt the staff should first investigate as to whether or not there are grants available. Motion clarified Councilman Scott clarified his motion to state that the staff contact the Department of the Interior to see if any grants are available, to test out the feasibility of re-establishing marshlands and the preservation thereof in the San Diego Bay, San Diego County. Councilman Hyde felt the motion should be lim- ited to just the South Bay. Councilman Scott stated this was the intent of the motion° UNDERGROUNDING OF HIGH It was moved by Councilman Scott, seconded VOLTAGE LINES by Councilman Hyde and unanimously carried that the staff look into the practicality of changing the ordinance that by putting out extra expense, the high voltage lines could be undergrounded. ~ PETITION REGARDING CROSSWALK ON Councilman Scott stated that Tim Nader, of the HILLTOP DRIVE Youth Commission, asked him to submit the peti- tion signed by 115 students of Hilltop Junior High School~ requesting that a crosswalk be placed on Hilltop Drive between "J" Street and Telegraph Canyon Road. Referred to Safety Commission It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that this petition be referred to the Safety Com- mission for investigation. CPO MEETING Councilman Hobel reported on the CPO meeting in which SB 325 was discussed. It was deter- mined that one-quarter per cent be put into a holding fund for rapid transit in the future. Mayor Wilson's policy regarding schools -- that a CPO committee ba formed to develop some uniform criteria regarding new construc- tion, was passed. Rancho San Diego project was discussed. This project will follow the Town concept. -10- AZTEC BUS LINES Councilman Hobel questioned the service ex- tended to Southwestern College, and asked if the residents of the Southwestern College Estates were now being served. City Manager Thomson stated that the staff is checking into this, and will report to the Council. ANNUAL REPORTS Mayor Hamilton stated that the Annual Reports will be delivered to the homes in Chula Vista shortly. EXECUTIVE SESSION The Council adjourned to Executive Session at 10:30 P.M. and reconvened at 11:10 P.M. APPOINTMENTS TO BOARDS AND It was moved by Councilman Egdahl, seconded COMMISSIONS by Councilman Scott and unanimously carried that the following appointments be made: Mrs. Mary Ann Stro - Human Relations Commission Paul Kincaid - Safety Commission Thomas Mitchell - Environmental Control Commission ADJOURNMENT Mayor Hamilton adjourned the meeting at 11:12 P.M. to an adjourned regular meeting to begin at 3 P.M., Thursday, January 20, 1972. City C~rk -11-