Loading...
HomeMy WebLinkAboutcc min 1971/12/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 21, 1971 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 Public Works Cole, Director of Planning Warren, 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 Hobel, seconded by Councilman Egdahl, and unanimously carried that the minutes of the meetings of December 9 and 14, 1971, be approved, copies having been sent to each Councilman. SPECIAL ORDERS OF THE DAY Mayor Hamilton introduced Mrs. Sharon Reid, member of the Human Relations Con~nission, as guest commissioner for this meeting. PUBLIC HEARING (Continued) - An application has been received from Schaefer CITY'S INTENTION TO GRANT Ambulance Service, doing business as Gold Cross PERMIT OF CONVENIENCE AND ;umbulance Service, for an Ambulance Certificate NECESSITY TO GOLD CROSS of Public Convenience and Necessity to enable ;~IBULANCE SERVICE their business to operate in this City. In a Police investigation of this matter, Chief Winters forwarded a report to the Council recommending denial of the application based on (1) Bay Cities is providing adequate and excellent service to the citizens of this City; (2) there is a lack of documentation of contractual agreement between Kaiser Foundation and Mr. Schaefer; (~) a degree of competition could arise which would adversely affect the operation and level of service now available through Bay Cities Ambulance Service. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Louis Goebel Mr. Goebel, attorney representing the applicant, 1943 Anslie Road stated his client has submitted the application San Diego for certificate for convenience and necessity for just the right of ingress and egress to come into this city, and to fulfill certain contractual services for which Gold Cross is bound to Kaiser Foundation. He added that Gold Cross is located in La Mesa and has no intention of setting up facilities in Chula Vista; the only purpose for this application is to pick up those patients that have contracted with Kaiser. Discussion of contract In answer to Mayor Hamilton's inquiry, Mr. Goebel stated that Gold Cross has a pre- existing contract with Kaiser to service these people. Requests of Police Chief Mayor Hamilton noted the three requests made by the Police Chief in the course of the inves- tigation that have not been complied with: (1) financial statement; (2) copies of the statement concerning the $94,000 loan to Gold Cross; ($) copies of the contract between Schaefer (Gold Cross) and Kaiser Foundation. Mr. Goebel remarked that he was not aware of these discrepancies and would suggest a continuance. Steve Ballard Mr. Ballard, owner of Bay Cities Ambulance 335 E Street Service, stated he has been servicing Kaiser Chula Vista patients since 196S up to June of this year. From that time on, he has received just the emergency calls from Kaiser. He stated that Gold Cross has been fully aware of the City's ordinance, but has repeatedly come into the city and made at least ten pick-ups. Captain Don Morrison Captain Morrison discussed the meetings he had Police Department with representatives of the ambulance company in which he requested the financial statements, which were not sent to him. Public hearing closed There being no further corments, either for or against, the hearing was declared closed. Council discussion Council discussion ensued on the fact that the public hearing on this matter was continued for two weeks to give the applicants sufficient time to produce the necessary documents required by the Police investigation. This was not done. Objection raised Mr. Goebel entered a procedural objection to the conduct of the hearing. He questioned whether the report of the Chief of Police and the recommendation of the City Manager had been communicated to anyone at Gold Cross Ambulance Service. City Manager Thomson explained that he received a call this afternoon asking about the recom- mendations. The Police Chief's recommendation was given to them, and since he was at a meeting at the time, he told his secretary to tell the gentlemen that he concurs with that recommendation. A copy of this recommendation was submitted to the Press on Friday. City Attorney's opinion Mr. Lindberg stated, for the record, that the applicant has been aware of the requirements of the ordinance and the matter was continued for two weeks. Any information the City had concerning this, including their judgments, has been made available. The City's position has been open, with no intent to "surprise" anyone with the recommendations of the City Manager and Chief of Police. Motion for denial It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that the permit of convenience and necessity to Gold Cross Ambulance Service be denied. -2- RESOLUTION NO. 6292 - In a written report to the Council, Director AUTHORIZING ALLOCATION REQUEST of Public Works Cole referred to Resolution TO PUBLIC UTILITIES CO~4ISSION No. 6004 authorizing submission of an appli- FOR RAILROAD CROSSING AT J cation to the Public Utilities Commission for STREET A~qD CORONADO BRANCH LINE a railroad crossing at this location. This OF SAN DIEGO AND ARIZONA application has been approved by the PUC and EASTERN RAILROAD they state they can allocate one-fourth ($8,254.25) of the cost; the total cost is $33,005.00. It is recommended that the City Council authorize the Director of Public Works to submit an allocation request to the PUC for the signalized crossing. 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. 6293 - Director of Public Works Cole reported to the CALLING A PUBLIC HEARING TO Council that on July 28, 1971, they approved DETERMINE WHETHER PUBLIC the undergrounding of utilities on J Street NECESSITY, HEALTH, SAFETY from the mean high tide line to East Park Lane. OR WELFARE REQUIRE THE The Undergrounding Utilities Advisory Committee FORMATION OF AN UNDERGROUND has established the boundaries of the district. UTILITY DISTRICT ON J STREET Mr. Cole detailed the actual construction of the undergrounding project, and stated the cost would be $102,000. Carry-over funds from 1971 will be $27,000 and $143,000 will be available for 1972. A public hearing on this matter will be set for January 18, 1972. Railroad overhead facilities Councilman Scott asked if there was some way in which an agreement could be obtained to get the Railroad company to underground their facilities within their right-of-way. Motion to explore possibility It was moved by Mayor Hamilton, seconded by Councilman Scott and unanimously carried that the staff explore tho possibility of negotiating with the Railroad, and to ask them to landscape this area as much as possible. If they do not desire to participate voluntarily, a necessary permit may be able to be obtained from the Legislative body to get this work done. 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. 6294 - By Council direction on November 17, 1971, the REGARDING INTERIM SCHOOL City Attorney has prepared this resolution which FACILITIES IN NEW urges the Legislature to amend the Business and SUBDIVISIONS Profession Code by eliminating the provision requiring 400 dwelling units within a single school district and substituting a provision which would allow for the reservation of all or a portion of required school sites as shown on the General Plan within any subdivision regardless of the sizes thereof. It also requests that the 30-day termination requirements of dedication be changed to allow for a period of 90 days. -3- 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. 6295 - In a report to the Council, the Director of APPROPRIATING FUNDS POR Planning is requesting the sum of $S00 to provide EXTRA SERVICES PERFORMED BY funds for special cost contingencies as may be BAYERONT CONSULTANTS required beyond the scope of the consultants' contract. 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 Councilman Hobel's comments Councilman Hobel stated that any future reports of the Bayfront study, the staff should try to amalgamate everyone together to prevent further extended services. EXECUTIVE SESSION It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council adjourn to Executive Session for reasons of disoussing employee-employer overall relation- ships. The Council adjourned to Executive Session at 7:SS p.m. and the meeting reconvened at 8:15 p.m. RESOLUTION NO. 6296 - This resolution provides orderly procedures for APPROVING EMPLOYER-EMPLOYEE the administration of employer-employee relations RELATIONS POLICY between the City and its employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment. Mr. Otto Hahn Mr. Hahn stated he is representing the miscel- San Diego County Employees laneous City employees. He discussed the meetings he has held with the staff concerning this Policy, and urged Council adoption of the resolution. 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. 6297 - The purpose and objectives of the Grievance APPROVING CITY EMPLOYEE Procedure is to (1) assure fair and equitable GRIEVANCE PROCEDURE treatment of all employees; (2) encourage the settlement of disagreements informally at the employee-supervisor level; and (3) resolve grievances as quickly as possible. 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, Hmmilton, Hyde, Egdahl Noes: None Absent: None -4- REPORT OF SAFETY CO~ISSION - The Safety Commission submitted the following E STREET AND JEFFERSON AVENUE recommendation: (1) it would be hazardous to INTERSECTION install a crosswalk in this area; (2) pedes- trian traffic is negligible and mostly adult; (3) pedestrians should cross at the crosswalk at Broadway and E Street. Council discussion Council discussion followed on alternate solutions to this problem. Councilman Scott noted the calls he has received from the residents in the Trailer Park in this area. Councilman Hobel felt the Safety Commission should be challenged to keep working on this problem. Report accepted It was moved by Councilman Egdahl, seconded by Mayor Hamilton and carried that the report be accepted. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hamilton, Hyde Noes: Councilmen Scott, Hobel Absent: None Motion for continued It was moved by Councilman Hobel, seconded by investigation Councilman Hyde and unanimously carried that this matter be referred to staff for continued investigation to see if they can submit a plan for this area. ORDINANCE NO. 1377 - ZONING It was moved by Councilman Hyde that this 170.2 ACRES EAST OF 1-805 AND ordinance be placed on its second reading NORTH OF TELEGRAPH CANYON ROAD and that reading of the text be waived by TO P-C - SECOND READING AND unanimous consent. The ordinance was passed ADOPTION and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 6298 - The Zoning ordinance requires that along with AMENDING GENERAL DEVELOPMENT an ordinance adopting P-C zoning, a resolution PLAN AND SCHEDULE FOR THE EL be adopted approving the general development RANCHO DEL REY PROJECT schedule. This schedule sets forth the details of implementation. This item was deferred from the meeting of December 14. 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 ORDINANCE NO. 1378 - It was moved by Councilman Scott that this AMENDING SCHEDULE IX OF ordinance be placed on its second reading TRAFFIC CODE TO INCREASE and that reading of the text be waived by SPEED LIMIT ON PALOMAR unanimous consent. The ordinance was passed STREET - SECOND READING and adopted by the following vote, to-wit: AND ADOPTION AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 6299 - This resolution provides for an appropriation APPROPRIATING FUNDS FOR of $1,050 for increased rental expenses to be RELOCATION OF OUR HOUSE incurred by Our House and $250 for maintenance expenses of the structure and grounds located at 666 Third Avenue. This allocation is contingent on issuance of a conditional use permit for subject location. -5- 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 ENVIRONMENTAL CONTROL At the meeting of December 14, 1971, Richard COMMISSION REQUEST - AIR Glenn, Chairman of the Environmental Control POLLUTION IMPLEMENTATION Commission, and Mr. A. Joekel, former staff PLAN member of the Environmental Development Agency, spoke in behalf of the Clean Air Council regarding a report entitled "San Diego Clean Air Council Conference." This matter was continued for one week so that the Council could be given a copy of the operational plan for air pollution control in San Diego County. Comprehensive Planning Councilman Hobel reported that this was considered Organization Meeting by CPO at the meeting held December 20, 1971. They are proposing a mandatory review time which will allow all cities to review this Plan - the first to be in June 1972. No action taken It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that no action on the Environmental Control Commission request be taken at this time; that it be deferred with the assurance that they will have a review period after the first of the year. REPORT ON AFFIRMATIVE In a report to the Council, City Manager Thomson ACTION PROGRAM stated that the County requires contractors who have been awarded County construction contracts to take affirmative action to improve the employ- ment of racial and ethnic minorities in the construction industry. The goal of the Program is the attainment of the employment of the minorities in each construction and related craft at the beginning of the fifth year of the Program to be equal to the proportion of each such racial or ethnic group in the work force of the County of San Diego. Mr. Thomson recommended that the Council adopt a similar Program, in concept, and he will submit a complete policy and program package to the Council for review, after the up-coming fiscal budgeting process is completed. Motion to accept report It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the Program be approved, in concept~with the under- standing that the City Manager will submit a complete report to the Council for review. REPORT ON FIRE ALARM Fire Chief Smithey reported on the 6-circuit SYSTEM RATES - FIRE CHIEF register/recorder as receiving equipment for private fire alarm systems terminating at Fire Department headquarters. He stated that there are 38 separate facilities protected by systems which terminate with this equipment. A fee schedule of $3.00 a month for each subscriber is proposed; this is based on a 10-year amortization period. -6- Report accepted It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. REPORT ON ASSESSMENT METHOD Director of Public Works Cole discussed his FOR DRAINAGE DITCH CLEANING formula for the equal distribution of assessment COST - DIRECTOR OF PUBLIC to property owners benefited by the cleaning of WORKS the drainage channel east of Fifth Avenue (Central Drainage Channel). A copy of his written report to the Council noting the assess- ments for each of the properties have been mailed to the property owners by the City Clerk. One call was received, from Mr. Kurt Sax, stating he is satisfied with his assessment as it stands. Mr. K. Johnson, Pastor Mr. Johnson asked for an explanation as to what Grace Baptist Church the clean-up would detail. Mr. Cole explained this, noting that in the clean-up process, the channel will be shaped to a depth allowing a flow line. Mr. Johnson remarked that he paid $137.00 to clean up that portion of the channel east of his property (120') some time ago. He noted the permit pending with the City to build a box culvert adjacent to his property. Mr. Johnson then asked if the City had an easement to his property in order to bring in the equip- ment to clean this channel. City Attorney explains Mr. Lindberg explained that the City Council held a hearing on this matter and declared the situation to be a nFisance and to be abated; therefore, the City has the right to go into this drainage channel and clean it. Incidental to that, the City has the right to go onto adjacent property. Mrs. Kurt Sax Mrs. Sax expressed her satisfaction with the 334 Brightwood Avenue assessment, but questioned when the property owners would be assessed again. Mr. Cole explained it could be in another year; however, the property owners could keep the area cleaned. A priority cleaning schedule will be set up and submitted to the Council. Report accepted It was moved by Councilman Hyde, seconded by Councilman Egdahl ~nd unanimously carried that the report be accepted. INSTITUTING "NO PARKING" Director of Public Works Cole reported that RESTRICTIONS ON F STREET, the F Street overpass at I-5 is scheduled for BROADWAY TO FOURTH AVENUE - opening on January 5, 1972. At the same time, DIRECTOR OF PUBLIC WORKS the E Street overpass will be closed. To reduce delays to traffic on F Street, it is recommended that a "No Stopping At Any Time" regulation be placed on both sides of F Street between Broadway and Fourth Avenue and that it be marked to provide for 4-1and operation. Approval of instituting It was moved by Councilman Scott, seconded by traffic regulation Councilman Hyde and unanimously carried that approval be given to instituting the traffic regulation on both sides of F Street between Broadway and Fourth Avenue. -7- WRITTEN CO~UNICATIONS Recommendation to authorize Mrs. Harold I. Howell, President, Chula Vista further Bayfront Study - Garden Club, has sent in a letter strongly Chula Vista Garden Club recommending that the Council accept and authorize further study to support the basic policies proposed by the Sedway/Cooke Preliminary Analysis. The Garden Club is particularly interested in preserving the Sweetwater River marshes and the shoreline for public recreation and enjoyment. Request to improve three Mr. Slijk, Chamber of Commerce, pointed out areas in City - the following three City-owned areas that need K. Niek Slijk attention and landscaping: (1) Parking lot on Fourth Avenue and Park Way. (2) Parkways on Fourth Avenue on the east side of the street adjacent to the City- owned lot between F and Davidson Streets. (5) The Tot Lot on K Street and Interstate S. Referred to staff It was moved by Councilman Hobel, seconded by Councilman Scott and unanimously carried that this matter be referred to the staff. Request for waiver of Rev. Peter Hilton has applied for a variance variance fee - to open and operate a "Communication Center" Rev. Peter Hilton, at 672 Third Avenue. He states this is a Communication Center Division of a Mission of the Church of Scientology and is a non-profit organization. He is requesting a waiver of the variance fee. City Attorney's opinion Mr. Lindberg stated that there is no provision in the Ordinance for waiving variance fees; church groups have applied for variances in the past, and were required to pay the fee. It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the request be denied. Request of City of Vista for The City of Vista is requesting Council support support of two resolutions of two resolutions: (1) To urge the San Diego County Division of the League of California Cities to sponsor legisla- tion to control the showing of motion pictures portraying nudity and sexual activities in out- door theaters; (2) Urge the County Board of Supervisors to consider the decrease of rates for the disposal of solid waste material by sanitation companies operating under agreements with the incorporated cities of the County and also to refrain from any further increase in cost of disposal of solid waste material by private citizens. Councilman Scott's comments Councilman Scott commented that San Diego on waste disposal County stated, this week, that they felt it was the function of the County to take over the waste disposal. They are now working with the cities of Oceanside and San Diego - the two cities that take care of waste disposal on their own. When an agreement can be reached to take over those facilities, then there will be no fees. Drive-in Theater Councilman Scott asked if the owner of the drive- in theater in Chula Vista (Harbor Drive-In) was contacted on this matter. -8- Motion to get in-put It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the staff get some in-put from the owner of the theater in Chula Vista on this problem, as he sees it. COUNTY PLANNING Councilman Hobel reported on the meeting held ORGANIZATION MEETING December 20, 1971, at which Senate Bill 325 was discussed. The City Manager and staff will submit a full report on this to the Council. Also, the Council will receive a report on proposed transportation system which was presented to CPO. Staff and Commissions' Councilman Hyde commended on the past year's support activities on the Council in which he stated that a great deal was asked of the staff and Commissions. Motion to write letter It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the City Manager prepare a letter, for the Mayor's signature, to be written to the staff, Boards and Commissions expressing the Council's appreciation for their support and help during the past year. County Planning Mayor Hamilton noted the Open Space report as Organization Goals presented by William Rayburn, a member of this Committee - Open Space committee. He suggested the Council look this material over and present comments on it after the first of the year. Councilman Hobel stated that members for the Transportation Committee have not be selected; he felt all attempts should be made to get someone from the City appointed to that Committee. Season's Greetings from Mayor Hamilton commented that this past year Mayor and Council has been an exciting one for the Council. On behalf of the Council, he expressed appreciation to the citizens for all the contributions they made in this respect. Mayor Hamilton extended the Season's Greetings to all the citizens of the City. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9;15 p.m. to the meeting scheduled for Tuesday, January 4, ]972. -9-