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HomeMy WebLinkAboutcc min 1971/11/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 23, 1971 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 5 P.M. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hamilton, Hyde, Egdahl Absent: Councilman Hobel Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Director of Public Works Cole, Director of Planning Warren, Director of Parks and Recreation Jasinek PRESENTATION BY SEDWAY/COORE - Mr. Tom Cooke, Partner-in-Charge, presented BAYFRONT STUDY the preliminary analysis study of the Bayfront area. Slides were shown of the area which comprises 1,400 acres. Mr. Cooke discussed ownerships of the property, leases, natural habitats, physical and visual factors, utili- ties, transportation, market conditions, recreational activities, residential, motel and hotel facilities, commercial facilities, Sweetwater Rover Flood Control Project, second Harbor entrance and the industrial plan. Mr. Cooke then listed, in sur~nary, recommended public policies. Robert W. Hauptli, Manager, Real Mro Hauptli was introduced by Robert McGuin- Estate and Industrial Development, ess, Attorney for the Santa Fe Railway Com- Santa Fe Railway Company pany. Mr. Hauptli requested that the con- sultants make an in-depth study of the eco- nomic and tax benefits that would accrue to Chula Vista if the land were to remain in industrial zoning. He also requested that developed factual data be made available to Santa Fe with their management given an oppor- tunity to submit comments and constructive suggestions to the consultants before final conclusions are formulated. Frederick Trull, Director of Mr. Trull stated the Board received this Planning, Port of San Diego presentation today also. They authorized him to appear tonight to suggest that the staffs and the consultants meet and establish a time schedule to pursue the various items discussed. A staff report of the policy recommendations will be made within the next two weeks. Kyle O. Stewart, 66 East Millan Mr. Stewart, speaking as a member of the Street Streets and Highways Cormnittee: Chamber of Cormnerce) and the Planning Cor~nission~ expressed concern over the elimination of Tidelands Avenue. He felt this would cause an adverse effect on the already heavily congested traffic in this area. Mr. Stewart suggested an intensified study be made of the number of acres to be left in marshland condition, George Jackson, National City Mr. Jackson stated he was a member of the Chamber of Cormmerce Board of Directors of that Chamber of Com- merce. Hc stated that they have a vital interest in the South Bay and would like a chance to study the report and submit their Bud Wilson, Chairman, Task Force Mr. Wilson asked for a chance to meet with Committee, Chamber of Commerce the consultants at a later date. Tidelands Development Mayor Hamilton stated there will be confer- ences scheduled to which his Cor~nittee will be invited. Time Schedule The Council discussed the time limit involved, in view of the fact that various groups want to meet with the consultants. Mr. Cooke stated he would be willing to devote more time to meet with these groups. It would take, perhaps, three to four additional weeks. Mr. Trull commented that there would be no great obstacle in continuing the study for this additional time period. Michael Dorazio, Jr., Seltzer, Mr. Dorazio stated he was an attorney repre- Caplan, Williams and McCaplan, senting Samuel S. Vener, owner and lessee of 3003 Fourth Avenue, San Diego a portion of the study area property (25 acres). The ultimate pmrpose of acquiring this prop- erty was for industrial development. In the study, the consultants have stated it was a prime buildable area and recommended for Sub- area C-2 zoning. Mr. Dorazio asked that con- sideration be given to benefits Chula Vista would derive in having this land as an indus- trial tax base. Motion for four weeks continuance It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that four weeks be given to the general pub- lic and interested parties to get information and submit facts which they feel are signifi- cant in making a determination on the policies presented to the Council. Mayor Hamilton asked all interested parties to give their names and addresses to the City Clerk so that when the time schedule is made, this information can be mailed to them. Recess for dinner Mayor Hamilton declared a recess until 7 P.M. The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. Mayor Hamilton asked that the audience remember the members of the Donovan family. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meeting of November 16, 1971, he approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST COMMISSIONER Mayor Hamilton introduced Mr. Harry LaBore, member of the Library Board, as guest c~is- sioner for this meeting. ORDINANCE NO. 1376 - INTERIM ZONING City Attorney Lindberg explained that on ORDINANCE REZONING CERTAIN PROPERTY November 16, 1971, the City Council approved FROM A-8-D-F to R-3-G-D-F - First an amended agreement between the City and reading and adoption Richard W. Wilson and Bank of America for an exchange of land adjacent to the Municipal Golf Course, The object of the trade was to provide each party with a more usable shaped parcel for development; therefore, it is -2- necessary to change the zoning on the City- owned parcel to enable Mr. Wilson to use it for apartment development along with the other property he owns. It is also recc~m~ended that the Council direct that the Planning Commission schedule a public hearing to consider rezoning this parcel through normal process. Ordinance adopted It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by unani- mous consent. The ordinance was passed and adopted as an emergency ordinance by the fol- lowing vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RESOLUTION NO. 6274 - ACCEPTING Director of Public Works Cole reported that DRAINAGE EASEMENT FROM EARL SCHEIB the Earl Scheib organization proposes to con- REALTY CORPORATION struct an auto paint shop upon the property at the southeast corner of Broadway and Ari- zona Street. Along the southwesterly boundary of the property is a drainage easement, 20 feet in width~ half of which is located on the Scheib property. The Division of Engineering has determined that this width is insufficient to accommodate the ultimate drainage demands upon the subject property, and that an addi- tional ten feet is necessary. The E~rl Scheib Realty Corporation has executed a grant of easement for the drainage purposes. 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~ Hamilton, Hyde, Egdahl Noes: None Absent: Couneilman Hobel RESOLUTION NO. 6275 - APPROVING Director of Public Works Cole reported that SIXTH AMENDMENT TO AGREEMENT FOR on February 13, 1964, the City entered into USE OF SEWERS BETWEEN T~E CITY OF an agreement with the Montgomery Sanitation CHULA VISTA, THE CITY OF SAN DIEGO, District permitting joint use of certain MONTGOMERY SANITATION DISTRICT AND sewage facilities in an area generally between COUNTY OF SAN DIEGO "L" Street and Main Street, specifying certain service area boundaries. To date~ five amend- ments to the agreement have been made, and it is now necessary to make a sixth amendment in order to serve an area directly east of Inter- state 805 and south of East Oxford Street. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following voter to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel -3- RESOLUTION NO. 6276 - APPROVING Resolution No. 5730, adopted July 28, 1970, RELEASE OF LIEN AGAINST 563 approved an agreement for deferral of public GLOVER AVENUE improvements and accepted a lien against this property. The public improvements have been completed to City standards, and therefore, the lien guarantee is no longer required. 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, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RESOLUTION NO. 6277 - ACCEPTING Director of Public Works Cole reported that BIDS AND AWARDING CONTRACT FOR three bids have been received: TRAFFIC SIGNAL INSTALLATION AT Perry Electric Company - $14,700 EAST "L" STREET, TELEGRAPH CANYON Arrow Electric Company - $16,348 ROAD AND NACION AVENUE California Electric Co.- $19,653 These bids are for the installation of the traffic signals only; the cost of the con- troller is $13,503. The balance in Project No. 150 is $19,700. It will, therefore, be necessary to transfer funds from the Gas Tax fund to Project No. 150 to cover the cost of this project. 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, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RESOLUTION NO. 6278 - ACCEPTING Director of Public Works reported that nine BIDS AND AWARDING CONTRACT FOR bids were received: CONSTRUCTION OF STREET II~OVE- Griffith Company $65,966.80 MENTS AND SEWER IN "J" STREET FROM John Murphy Construction Co. 69,449.43 I-5 FREEWAY TO MEAN HIGH TIDE LINE T.B. Fenick & Son 69,729.39 Meri-Rieh Corporation 71,602.57 G.T.S. Company 73,211.00 Daley Co~poration 73,683.00 R. E. Hazard 73,965.90 B. E. Wilson 91,145.35 Hubbard Construction 99~248.28 Two projects are budgeted under this contract: "J" Street extension in the amount of $131,000, and $12,000 for the cOnstruction of a gravity Since the cost of constructing the sewer, as submitted by Griffith Company (low bidder) is $13,137, it is being recommended that the Council approve the resolution awarding the bid, appropriating the funds, and authorizing the expenditure of $115,000 ($100,000 for the "J" Street extension project and $15,000 for the gravity sewer project). Resolution offered Offered by Councilman Seott~ the reading of the text was waived by unanimous consent, passed and adopted by thc following vote, to-wit: -4- AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RESOLUTION NO. 6279 - SUPPORTING Director of Planning Warren explained that the AMENDMENTS TO COUNTY ZONING Board of Supervisors will hold a public hear- ORDINANCE PERTAINING TO BILLBOARDS lng on November 30, 1971, at 2 P.M. to con- sider proposed amendments to the M-1 zone which would eliminate off-premise signs (bill- boards). The existing provision for elimina- tion of such a non-conforming use would bring about abatement of all off-premise signs within five years from the adoption of this amendment. 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, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RECOP~MENDATION OF PLANNING In a written report to the Council, Director COMMISSION RELATIVE TO REZONING of Planning Warren stated that a study was ON "I" STREET made by his staff of land use and zoning of that area on the south side of "I~% Street between Broadway and Fifth Avenue. This study was conducted following the denial by Council of a change of zone from R-1 to C-C-P for properties located at 574-586 "I" Street. Mr. Warren requested that the Council accept the report and that no further consideration be given to commercial zoning in this area. Report accepted It was moved by Councilman Hyde, seconded by Councilman ggdahl and unanimously carried that the report be accepted and that no further consideration be given to cormmercial zoning in this area. REQUEST FOR AUTHORIZATION TO City Council Resolution No. 5111 adopted the ADVERTISE FOR BIDS FOR IRRIGATION policy of turfing approximately 1½ acres of EQUIPMENT AND LANDSCAPING SUPPLIES school playgrounds jointly with the Chula FOR VALLE LINDO, ROI{RAND VISTA Vista School District. Under the terms of SQUARE ELEMENTARY SCHOOLS the agreement, each agency is to develop two such areas within the corporate limits per year. To complete the City's obligation, turfing is required on only three schools. The estimated cost of material is $13,142.12 and completion time is 90 days. Authorization granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that authorization be granted to advertise for bids for irrigation equipment and land- scaping supplies for the three schools. REQUEST FOR AUTHORIZATION TO Fire Chief Smithcy ~xplained that the 1971-72 ADVERTISE FOR BIDS FOR AERIAL Capital Improvement Program provides $85,000 LADDER TRUCK for the purchase of an aerial ladder truck for the Fire Department° Specifications have been prepared to allow bidding by the four major manufacturers of this type of cqulpment. In addition, miscellaneous items will be required to make the unit operational, and these items can be obtained from regular fire equipment -5- vendors at a cost less than $5,000. It is requested that Council authorize inviting informal bids for this miscellaneous equip- ment. Authorization granted It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that authorization be granted to advertise for bids for the aerial ladder truck and for in- formal bids for the miscellaneous equipment. ORDINANCE NO. 1375 - CHANGING It was moved by Councilman Egdahl that this AMORTIZATION SCHEDULE FOR ordinance be placed on its second reading BILLBOARDS - Second reading and and that reading of the text be waived by adoption unanimous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel RESOLUTION NO. 6280 - DIRECTING Director of Public Works Cole reported that THE ABATEMENT OF NUISANCE - a public hearing was held on November 16, DRAINAGE CHANNEL MAINTENANCE 1971, regarding the cleanup of the drainage channel east of Fifth Avenue (Central Drainage Channel). Fourteen property owners were sent a notice on July 23, 1971, ordering the clean- up of the channel within 20 days. The matter was continued for one week to allow Council time to look at the drainage channel. Council discussion Council discussion ensued as to the appropri- ate assessments to impose on the adjacent property owners for the cleanup of the drain- age channel. Councilman Hyde Suggested basing the charges on what would approximate the original course of the channel, rather than the one existing today. Couneilman Egdahl suggested it be based on a frout-foot basis. City Attorney's opinion City Attorney Lindberg explained that the action of the Council this evening is to direct the Director of Public Works to proceed with the correction of a problem that could create damage to the entire area and is an obvious nuisance° A formula can be worked out to provide the most equitable distribution of assessments to the property ow~ners. If there are any objections, these property owners can request a hearing at a later date. Motion to refer to staff It was moved by Councilman Hyde that this matter be referred back to the staff for exploration of other avenues of cost-sharing and recormnended alternatives to the City Council. Director of Public Works Cole stated that his staff hasn~t~ as yet~ suggested any means of spreading the assessment. Motion withdrawn Councilman Hyde withdrew the motion. -6- Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel Motion It was moved by Councilman Scott, seconded By Councilman Hyde and unanimously carried that the staff come back with a proposal on how the cost will be distributed. CONSIDERATION OF REQUEST FROM In a letter to the Council on November 2, LIBRARY BOARD REGARD]IqG LIBRARY 1971, the Board of Trustees requested that BOND ISSUE Council invite a member(s) of various organi- zations in the City to become members of a cormnittee of 100 for the support of the Library Bond Campaign. They are now asking for Council action on this request. Motion It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a letter be drafted, under the signature of the Mayor and City Council, sent to all the various organizations in the City, asking their endorsement and support of the Library Bond. STATUS REPORT ON OTAY PARK LAND In a written report to the Council, City Man- ager Thomson detailed the background of the City's grant application for Federal funding to assist on a 50/50 basis for the acquisition and development of Harborside Park and Otay Park. It is the recormnendation of the City Manager to proceed with the Otay Park project and have staff attempt to have HUD increase its dollar commitment to a revised estimate level. In regard to Harborside Park, the City Manager recon~nends dropping the project. Motion to proceed with project It was moved by Councilman Scott~ seconded by Councilman Egdahl and unanimously carried that the staff proceed along with the project re- gardless of the percentage of costs to the City. It is understood in this motion that the Federal government will provide the $51,000 as indicated in previous correspondence. ANNUAL OPERATIONS REPORT City Manager Thomson distributed to the Council and press, copies of the Annual Operations Report. OTAY PARK LAND Councilman Hyde discussed the previous item, moving that if development of this proposed park does materialize, the staff explore with the County Board of Supervisors, the possi- bility of cost-sharing for land acquisition for that portion of it that the City bears. No second to motion The motion died for lack of second. -7- RIENSTRA PROPERTY City Attorney Lindberg discussed the original offer made by Henry Rienstra, owner of 14 acres of land east of the Loma Verde Park and north of Orange Avenue. The land was to be used primarily for Little League ballfields, and the City was to maintain it in the off- seasons. Mr. Rienstra has now sent a letter to the City stating he agrees to donate this acre- age to the City for use as Little League ball parks for the next two years, and that the developer of the balance of the property (75 acres) not be required to donate land for parks nor pay fees for park development when he subdivides his acreage. Mr. Rienstra asks that the City Council notify him if this is acceptable by November 24, 1971. Council discussion The Council agreed that they could not make such a decision without knowing more facts, or how the subdivision was to be developed, whether this would be acceptable to the other departments, Planning Commission, etc. Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be referred to the staff for a report back to the Council in two weeks (Decem- ber 7, 1971). Mr. Green, 614 Elmhurst Mr. Green stated he is representing Mr. Rien- stra and declared that time was of the essence. He had no authority to extend the offer. Mayor's comments M~yor Hamilton explained that the Council can in no way make a decision on this offer pre- sented them tonight without getting input from all other departments and Con~nission concerned. City Manager Thomson stated he is meeting tomorrow with representatives of the American Housing Guild which concerns this proposal, and he will then meet with Mr. Rien~tra. Mr. Thomson added that he will attempt to have a report back to the Council on December 7. Mayor Hamilton stated he would accept the offer of Mr. Rienstra for dedication of this land to the City to be used as Little League ball fields. If the City does not use if for that particular purpose during that time of the year, it then revert back to Mr. Rienstra. This would be acceptable with no stipulation ae to the rest of the property. REVENUE SHARING MEETING Mayor Hamilton announced that the Assembly Comanittee on Revenue and Taxation will hold an interim hearing in San Diego on December 15, and will continue the hearing in Chula Vista on December 16. TRANSPORTATION HEARING Mayor Hamilton reported that there will be a Transportation Cormnittee hearing in San Diego on December 9, 1971. PACIFIC ASIAN CONFERENCE Mayor Hamilton c~mmented that hc received a letter from the Mayor of Honolulu asking for names of people who wished to serve on the various cormmittees of this Conference. If any of the Councilmen wish to be considered for nomination to the con=nittees, their names will be submitted. -8- ? EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Egdahl and unanimously carried that the Council adjourn to Executive Session, after Oral Communications, for the purpose of making appointments to the various Commissions and Boards. TRAFFIC CONDITIONS - "E" STREET It was moved by Councilman Scott, seconded by AND JEFFERSON AVENUE Councilman Hyde and unanimously carried that the Safety Con~nission look at the traffic and pedestrian crossing at Jefferson Avenue and "E" Street. Councilman Scott stated he had the names of the residents in the area who would be will- ing to testify before the Safety Commission concerning this problem. ASSEMBLY BILL 1098 Councilman Egdahl inquired as to any staff action on AB 1098. Mayor Hamilton stated that he and the City Manager sent telegrams to Governor Reagan opposing this legislation. WRITTEN COMMUNICATIONS: (1) Correspondence from City of A resolution has been sent to the Council Del Mar opposing proposal from the City of Del Mar opposing any proposal pertaining to CPO staff which would destroy an independent CPO staff or impair its ability to independently advise the CPO Policy Committee. Motion to file It was moved by Councilman Hyde, seconded by Councilman Egdahl that this resolution be filed° He explained that any position to be taken by the Council should be done when a full Council is present. CPO meeting Gity Manager Thomson reported that Mr. Fred Morey, County Chief Administrative Officer, presented his ease on this matter to the CPO, and the response was generally negative; no action was taken. Motion amended Councilman Egdahl amended the motion to state that the correspondence from Del Mar be noted~ and no action be taken. Councilman Hyde agreed to the amendment, and it carried unanimously. (2) Request for waiver of A request is being made on behalf of a number requirements of Resolution of City employees for a waiver or modification No. 5055 - K. G. Lee of Resolution No. 5055, as it would relate to holding their annual Christmas party at Rohr Park building on December 18, 1971. Motion to waive requirements It was moved by Councilman Scott~ seconded by Mayor Hamilton that the requirements to Reso- lution No. 5055~ as requested, be waived. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde Noes; Councilman Egdahl Absent: Councilman Hobel -9- (3) Request to acquire property at The Board of Directors of the Chamber is Third and Madrona - Chamber of requesting that Council negotiate with the Commerce oil company and the Southern Pacific Rail- road to acquire the property at the south- west corner of Third Avenue and Madrona Street for the expansion of Memorial Park to Third Avenue. The Directors site the permit that was re- cently granted to establish a wholesale bakery on the property, which they feel would not be a desirable facility for that area. City Attorney's comments City Attorney Lindberg explained that two permits were issued: one for a self-service station and the other for the bakery; however, both permits have expired and he has proceeded with litigation. The arraignment date has been set for next week. Motion to send letter It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a letter be sent to the Chamber of Corm~erce stating that permits for the use of this prop- erty have expired and that the City is now in litigation to have the property owner clean up this property. The Council has previously explored the possibility of purchasing this property; however, it was rejected in view of the high costs for the relatively small area the City would acquire. ORAL COMMUNICATIONS: Kathryn Moore, 1134 Tobias Mrs. Moore discussed the meeting called by the Los Penasquitos Canyon Committee to be held on December 2, at the American Associa- tion of University Women Clubhouse, 6545 Alcala Knolls Drive in San Diego. South Bay LeagUe of Women Mrs. Moore reported on the meeting held in Voters - Kathryn Moore, Castle Park last week at whieh Supervisor 1134 Tobias Drive Walsh was the speaker. Niek Slijk, Chamber of Mr. Slijk asked for the background on the Commerce City's negotiations for the Third Avenue and Madrona property. Mayor Hamilton directed the City Attorney to make this information available to the Chamber. Christmas Sale - Chula Vista Mtg. Wilma Skinner, member of the Chula Vista Garden Club Garden Club~ asked permission to hold a Christ- mas sale at Norman Park C~ntcr on December 11, 1971, between the hours of 10 A.M. and 4 P.M. It wag moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that approval be granted on the condition that the City Manager check to be sure the Center is available. ~XECUTIVE SESSION The Council adjourned to Executive Session at 8:30 P.M. and the meeting reconvened at 9:20 P.M. -10- APPOINTS TO BOARDS AND COMMISSIONS It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the following appointments be made: Board of Appeals - Robert Riba Civil Service - Eugene Mendoza (employees' recommendation) Civil Service - Robert Smith (Co~mission appointment) Parking Place - Fred Gelsomini Youth Commission - Carol Taylor Human Relations - Dr. Douglas Giles International Friendship - Herb Lathan Mayor Hamilton stated that appointments to the vacancies on the Planning Commission and Environmental Control Commission will be made at the next Council meeting. In the interim period, the Council will re-interview appli- cants for these vacancies. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:25 P.M. to the meeting scheduled for Tuesday~ December 7, 1971. -ll-