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HomeMy WebLinkAboutcc min 1971/08/24 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 24, 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 Absent: Councilman Egdahl 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, Chief of Building and Housing Grady The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. CORRE~T~ON- COUNCIL MINUTES Councilman Hyde referred to the minutes of August 17 -- motion to continue the public hearing regarding City's intention to pro- hibit outdoor advertising displays. Mr. Hyde claimed he did not second the motion, as stated. Referring to the minutes of August 18, 1971, in his comments concerning SANCOG, Council- man Hyde indicated that wherever "CPO" is mentioned in his statement, it should be "County". APPROVAL OF COUNCIL MINIKI~S It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the minutes of the meetings of August 17 and 18, 1971, be approved as corrected, copies having been sent to each Councilman. INTRODUCTION OF GUEST COP~ISSIONER Mayor Hamilton introduced George Chandler, member of the Planning Commission, as guest commissioner for this meeting. ORDINANCE NO. 1359 - SETTING TAX In a report to the Council, the City Manager RATE FOR FISCAL YEAR 1971-1972 - stated that the tax rate of $1.45 per $100 FIRST READING AND ADOPTION of assessed valuation is proposed for 1971- 72. This would provide a gross property tax revenue of $2,389,800 which represents about 30% of the total City operating budget revenues. Ordinance adopted It was moved by Councilman Hobel 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 by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6170 - APPROVING C.M. Dashiell has signed a Maintenance UNCONTROLLED EMBANKMENT AGREEMENT Agreement for Land Development involving FOR 1070 DEL MAR AVENUE uncontrolled embankment. The agreement stipulates that the fill area is not eligible for building construction without a special soils analysis and foundation design. 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, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6171 - APPROVING Maria R. Beegle, owner of parcel of property S~WER ASSESSMENT RELIEF FOR at 945 Nacion Avenue, has requested partial 945 NACION AVENUE relief from sewer assessment. The subject parcel is a triangular shaped lot with 127.31 feet of frontage on Nacion Avenue. The City Engineer recommends that the assess- ment be based upon the average street front- age of similar size lots in the vicinity, or an assessable frontage of 67.3 feet. 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, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6172 - APPROVING Russ-Mar Development, Inc., has submitted a IMPROVEMENT AGREEMENT - NEAPOLITAN bond for faithful performance as security VILLAS SUBDIVISION for the improvements in this subdivision. A survey monument installation bond and fees for the subdivision have also been deposited. 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 Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6173 - APPROVING The final map has been checked by the Engi- FINAL MAP - NEAPOLITAN VILLAS neering Division and found to be in conform- SUBDIVISION ity with the tentative map. The subdivision is located on the south side of East Naples Street between Melrose and Nacion Avenues, containing 27 lots on 5.8 acres. It is recormnended that the City Council approve the final map and accept the dedica- tion of the following streets: VIA TRIESTE and a portion of EAST NAPLES STREET. Resolution offered Offered by Gouncilman 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 Noes: None Absent: Councilman Egdahl -2- RESOLUTION NO. 6174 - INTENTION TO Mr. Tom Cooke, partner with Sedway and Cooke, EXTEND MORATORIUM TO ADDITIONAL Consultants for the Chula Vista Bay Front PROPERTIES - CR-trLA VISTA Study, has reco~nended that the present mora- TIDELANDS AREA torium on construction extending from the San Diego Gas and Electric right-of-way to the mean high tide line be expanded to include the area between the 8DG&E right-of-way and Interstate 805, extending from the northerly limits of Chula Vista to "G" Street. The resolution calls for a public hearing on this matter for September 14, 1971. 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, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6175 - REAFFIRMING This resolution reaffirms City Council's COUNCIL STAND SUPPORTING SANCOG support of AB 3050. It is the conclusion ASSEMBLY BILL 3050 of the City Council that this legislation offers the best opportunity for sound regional planning and related matters. 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, Scott, Hobel, Hamilton Noes: None Absent: Councilman Egdahl REQUEST FOR COUNCIL CONSENT FO~ City Manager Thomson referred to the written CITY PARTICIPATION UNDER THE report sent to the City Council in which he FEDERAL EMERGENCY EI~LOYMENT ACT explained that the Emergency Employment Act of 1971 is now law and operable in California. Under this Act, the Public Employment Program is established, which is designed to combat unemployment in the nation through the employ- ment of persons in new and existing public service jobs. A total of $750 million has been designated for distribution to state and local governments to provide these jobs, out of which California will get $100,450,000. Mr. Thomson explained that assurances are required from the participating local govern- ment agencies and requested Council approval to pursue Chula Vista's activity in this pro- gram. Authorization granted It was moved by Councilman Scott, seconded by Councilman HF~e and unanimously carried that the City Manager be directed to pursue City of Chula Vista activity in this program. -3- UNANIMf~JS CONSENT ITEMS: RESOLUTION NO. 6176 - AMENDING City Attorney Lindberg explained that a few RESOLUTIONS NO. 5746 and NO. 5752 irregularities were found in the publications APPROVING AND ADOPTING PLANS AND of this project, such as notice to the con- SPECIFICATIONS FOR THE IMPROVEMENT tractors was published once instead of twice, OF AN ALLEY LYING BE%~WEEN DEL MAR and the resolution of intention did not con- AND CHURCH AVENUES AND "E" AND rain the cost of the project. It is, there- DAVIDSON STREETS, AND ARIZONA fore~ determined that the proper procedure STREET, EAST OF BROADWAY AND should be followed and the matter re-adver- APPROVING THE ASSESSMENT DISTRICTS tised according to the Streets and Highways DESCRIBED THEREIN~ DIRECTING THE Code. CITY CLERK TO PROCEED WITH THE PUBLICATION OF THE NOTICE TO Resolution offered by Councilman Scott, the CONTRACTORS FOR THE ACCOMPLISHMENT reading of the text was waived by unanimous OF SAID WORK AND RESCINDING RESO- consent, passed and adopted by the following LUTIONS NO. 6128 and NO. 6129 vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Nyde Noes: None Absent: Councilman Egdahl RESOLUTION NO. 6177 - APPROVING Mr. Lane Cole, Director of Public Works, AGREEMENT BETWEEN THE CITY OF explained that this is a computerized manage- CHULA VISTA AND MAINSTEM, INC., ment service which will handle the equipment FOR IMPLEMENTATION AND OPERATION maintenance processing of City vehicles. OF AN AUTOMOTIVE EQUIPMENT MANAGE- MENT SYSTEM~ AND AUTHORIZING THE Resolution offered by Councilman Scott, the MAYOR TO EXECUTE SAID AGREEMENT reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Egdahl EESOLUTION NO. 6178 - APPROVING City Attorney Lindberg explained that the AGREEMENT BETWEEN THE CITY OF City entered into a lease with the San Diego CHULA VISTA AND THE CHUIA VISTA Gas and Electric Company in June 1971 for CITY ELEMENTARY SCHOOL DISTRICT 8.34 acres right-of-way adjacent to the Loma AUTHORIZING THE PLACEMENT OF Verde Park and School. The Chula Vista FIXTURES AND IMPRfrv-EMENTS~ LAND- Elementary School District wishes to use SCAPING AND OTHER CONSTRUCTION this proparty~ construct improvements and WORK TO BE UNDERTAKEN ON CERTAIN fixtures, and landscape it as a part of an CITY LEASED PROPERTY BY THE CHULA ecology project. This project will be VISTA ELEMENTARY SCHOOL DISTRICT, partially funded by the federal goverament. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Resolution 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 Noes: None Absent: Councilman Egdahl REQUEST FOR AUTHORIZATION TO CALL The Council referred to the report submitted FOR BIDS FOR REMOVAL OF TRAFFIC by Director of Public Works Cole in which he SIGNAL ON BROADWAY BETWEEN "H" requested authorization to call for bids for AND "I" STREETS AND THE INSTALLA- construction and installation of traffic TION OF TRAFFIC SIGNALS AT OTAY signals at Otay Lakes Road and Allen School LAKES ROAD AND ALLEN SCHOOL LANE Lane, and for the total removal of the exist- ing materials from the pedestrian crosswalk on Broadway between "H" and "I" Streets, for this purpose. -4- The proposal is to put in a semi-actuated signal with the indication staying continu- ously green on Otay Lakes Road until a vehicle approaching on the minor sends an actuation to the controller. In addition, pedestrian indi- cations controlled by push buttons will be installed. The estimated cost of the signal installation will be $6,600 which can be financed with 2106 Gas Tax funds. The removal of the signal on Broadway, between "H" and "I" Streets, is $1,100, which can be financed from the unap- propriated surplus of the General Fund. Authorization given to call It was moved by Councilman Hobel, seconded for bids by Councilman Scott and unanimously carried that authorization be given to call for bids for the removal of the traffic signal on Broadway between "H" and "I" Streets and the installation of traffic signals at Otay Lakes Road and Allen School Lane. REQUEST FOR AUTHORIZATION TO In a report to the Council, Director of Public CALL FOR BIDS FOR TRAFFIC SIGNAL Works Cole stated that the intersection of INSTALLATION AT FIFTH AVENUE AND Fifth Avenue and "L" Street heads the priority "L" STREET list for intersections qualifying for signal- ization. The estimated cost is $9,200 which will be financed with 2107 Gas Tax funds. Authorization given to call It was moved by Councilman Hobel, seconded for bids by Councilman Scott and unanimously carried that authorization be given to call for bids for traffic signal installation at Fifth Avenue and "L" Street. PUBLIC HEARING (continued) - It was moved by Councilman Hobel, seconded PRBZONING ADDITIONAL PROI~RT%BS by Councilman Scott that the public hearing OF EL RANCHO DEL REY AREA TO P-C on this matter be continued and a Council conference eet with the staff and property RESOLUTION APPROVING GENERAL owners to review the entire planned eon~nunity. DEVELOPMENT PLAN FOR EL RA/qGHO This motion also includes the tentative maps, DEL REY Units 1 and 2. RESOLUTION APPROVING TENTATIVE Councilman Hyde spoke against the motion, MAPS OF EL RANCHO DEL REY~ cormnenting that the public hearing should UNITS 1 and 2 be opened and testimony received, after which the Council could set a date for the confer- ence~ if they so desire. In favor of continuance Speaking in favor of the continuance of this matter to a Council conference were: George Shibata, Attorney, 17955 Beach Boulevard~ Huntington Beach; Wally Nichol, Planning Consultant, representing Miss Koven; James Bennett, Telegraph Canyon Road; and Carmen Pasquale, Otay Land Company. Mr. Pasquale stated he favored the continuance on the development and prezoning, but objected to the continuance on the tentative maps. Motion amended It was moved by Councilman Hyde~ seconded by Mayor Hamilton that the motion be amended to separate the two items: the prezoning and general development plan taken as one item, and the tentative maps be considered separately. -5- Motion fails The motion failed by the following vote, to-wit: AYES: Councilmen Hyde, Hamilton Noes: Councilmen Scott, Hobel Absent: Councilman Egdahl "H" Street Improvement Director of Public Works Cole reported on the meeting held with the developers concern- ing the improvement of "H" Street. It was resolved at this meeting that the developers would be willing to make the improvements on the following basis: (1) the grade for the ultimate roadway width would be provided by the developer; (2) curb, gutter, bike path and 20 feet of pavement would be provided on the south side; (3) required drainage facil- ities would be made by the developer; (4) and street lights. The estimated cost would be $64,000 for the developer and the City's share would be approximately $13,000 (one- half of the median cost including landscap- ing and a 12-foot lane of pavement). Council discussion The Council discussed the specific improve- ments as they related to the tentative maps. Motion to continue entire The motion to continue this entire matter matter to conference to a Council conference carried by the following vote, to-wit: AYES: Councilmen Hobel, Scott, Hamilton Noes: Councilman Hyde Absent: Councilman Egdahl Conference date set It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Council conference be set for 2 P.M. Tuesday, September 7, 1971, to review the entire development plans for E1 Rancho del Rey; the public hearing to be continued to the meeting of September 7, at 7 P.M. City Attorney's cormments Mr. Lindberg noted the purpose of the confer- ence was for the staff to fully inform the Council of all matters relating to this development, and it would be encumbent upon the parties involved to inform the staff of all their matters pertaining to this devel- opment since no testimony will be allowed at the conference. Property owners to be notified Councilman Hyde asked that the staff notify all the property owners of the parcels involved here of this conference. Mayor Hamilton agreed and asked the staff to furnish him with a list of the people who were notified. ORDINANCE NO. 1358 - AMENDING It was moved by Councilman Hobel that this CITY CODE RELATING TO DISTRIBUTION ordinance be placed on its second reading and OF ADVERTISING MATERIALS - SECOND that reading of the text be waived by unani- READING AND ADOPTION mous consent. The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Scott Noes: None Absent: Councilman Egdahl -6- REPORT ON LIBP~RY USAGE - City Manager Thomson read a report submitted CITY LIBRARIAN by Mrs. Levine, City Librarian, in which she cited Library usage on the Saturdays before Labor Day and December 24. Motion to close Library It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Library be closed on December 24, 1971, for a three-day holiday, but not on the Labor Day week end. CONSIDERATION OF LEASE WITH Director of Parks and Recreation Jasinek SAN DIEGO GAS AND ELECTRIC com~nented that Mr. Bob Baumgarden from the COMPANY - PALOMAR PARK - San Diego Gas and Electric Company is present Director of Parks and Recreation to present the Council with a lease for addi- tional property adjacent to Palomar Park for park purposes. Mr. Bob Baumgarden, San Diego Mr. Baumgarden presented the Council with Gas and Electric the lease agreement, stating that the terms and conditions of the lease were identical with that given by his company for right-of- way next to Loma Verde Park. The lease covers 8.4 acres of land. Resolution to be brought back It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a resolution be brought back accepting this lease on Palomar Park property from San Diego Gas and Electric Company. REPORT ON REPAIRS TO GOLF COURSE Mr. Eugene Grady, Director of Building and RESTAURANT - DIRECTOR OF BUILDING Housing, referred to the itemized list of AND HOUSING repairs and related costs for the Chula Vista Municipal Golf Course Restaurant. Mr. Dick Agee, lessee and proprietor of the restaurant, has contended that certain repairs made to this facility were beyond the scope of his responsibility. Mr. Grady remarked that some of these items, in his opinion, are the re- sponsibility of the lessee, some of them should have been the responsibility of the former lessee, Mr. Jack Thomas, and some, the City. Terms of agreement The Council discussed the terms of the agree- ment particularly as it relates to repairs done by the lessee. Motion to approve portion of cost It was moved by Councilman Hyde that only that portion of the recommended report which relates to the cost of the separation of the electrical charges to the parking lot - $520.26 - be approved for City funding. No second to motion The motion died for lack of second. Referred to staff It was moved by Councilman Scott~ seconded by Councilman Hobel and unanimously carried that the matter be referred to the staff for a complete report back on September 7; the re- port from Mr. Grady to be included in the over-all report. -7- REPORT ON REINSTATEMENT OF BUSINESS City Attorney Lindberg stated the primary LICENSE FOR BONITA CAB COMPANY - issue here is whether or not the applicant POLICE DEPARTMENT has actually served the citizens of the City of Chula Vista and fulfilled the need and necessity which he claimed was apparent at the time he made application for the license. The absence of a request for a public hearing on the reinstatement in order for the ex- license holder to show cause for reinstate- ment, is sufficient reason for supporting the revocation. Revocation of license It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the revocation of the license be upheld. Letter to be sent to County It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that a letter be sent to the Sheriff's depart- ment, County of San Diego, notifying them of Council's action in this matter. REPORT ON ENVIRONMENTAL CONTROL Director of Parks and Recreation Jasinek COMMISSION AND PARKS AND RECREA- stated that the Chula Vista Live Steamer TION COMMISSION RELATIVE TO MODEL Model Railroad Plan was endorsed and accepted STEAM RAILROAD - ROHR PARK - by the Parks and Recreation Cormnission at DIRECTOR OF PAP, KS AND RECREATION their meeting held on August 19, 1971. The Environmental Control Cormnission, at their meeting held August 23, 1971, concurred that the Model Railroad would not be environment- ally objectionable. In answer to the Mayor's inquiry, Mr. Jasinek indicated that they are still working with the Little League and with the Sweetwater Regional Park relative to this area. Motion to accept report It was moved by Mayor Hamilton, seconded by Councilman Hobel that the report be accepted and that any action be held up until a report from Parks and Recreation is received as to their final work with the Little League. Councilman Scott made a motion, ~eeonded by Councilman Hyde that the report be brought back in six months. Mr. Scott then deferred his motion to the Mayor's motion. Motion carried The motion made by Mayor Hamilton carried unanimously. SUPERVISORIAL DISTRICT MEETING Mayor Hamilton reported on the meeting he and Councilman Hyde attended on August 19 at the Board of Supervisors, at which Plan 13 was approved, which placed Supervisor Jack Walsh in District I, incorporating a South Bay District. Backing by City Council Councilman Scott remarked that at this meet- ing, Supervisor Walsh charged that some of the Mayors did not have the backing of their Councils. He wished to point out that the Mayor of Chula Vista did have the authority to represent this Council at that meeting. Contacts with Mr. Walsh Councilman Scott also noted that the Mayor tried unsuccessfully, three times, to contact Mr. Walsh to discuss the new boundaries of the supervisorial district, but Mr. Walsh declared he was not interested in talking to the Mayor. -8- COUNCIL CONFERENCE Councilman Scott noted the three items which were scheduled for a conference for August 23, and which now need to be rescheduled: (1) Tree Preservation Policy; (2) Bicycle Paths; (3) Subdivision Ordinance. Conference date set It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the conference be set for Wednesday, August 25, 1971, at 3 P.M. FIELD TRIP Councilman Scott con~ented that he felt it might be appropriate for the City Council to take a field trip to view the three or four Planned Unit Developments under construction at this time. It would help the Council in evaluating whether or not the Planned Unit Development, as a concept, is doing what was intended. Councilman Hyde indicated it was a good idea and suggested inviting the Planning Commis- sion to make the trip also. The Council suggested some Saturday in the latter part of September. Mayor Hamilton asked the staff to set a date and notify the Council. CPO GOALS PROGRAM Councilman Hobel noted the letter he received from Chairman Bailey regarding appointment of members to the Regional Goals Program Commit- tee. They are asking for four people from Chula Vista to serve on this Committee. Councilman Hobel turned this matter over to the Mayor for the appointments. ALTERNATES TO CPO Councilman Scott discussed the important functions undertaken by the CPO. He suggested an alternate be Gent with the regular delegate to the CPO on a round-robin basis so that the Council will be kept informed on all of these matters. Mayor Hamilton agreed this was a good idea, and each member of the Council will be asked to attend one of these meetings. CLEANUP OF THIRD AVENUE Councilman Hobel noted the unclean condition of the area along Third Avenue, and questioned whose responsibility this was. City Attorney's opinion City Attorney Lindberg stated it was the responsibility of the adjacent property owner. He added that his office will follow up on this. LETTER TO SAN DIEGO GAS AND Councilman Hyde moved, seconded by Councilman ELECTRIC COMPANY Hobel and unanimously carried that a letter of appreciation be sent from the Mayor to the San Diego Gas and Electric Company for their generosity in leasing the property next to Patomar Park to the City for park purposes. -9- WRITTEN COMMUNICATIONS: Recommendation from Youth The Youth Commission is recommending to the Cormmission that something be City Council that something within the City named after Chula Vista~s new be named after our new Sister City, Irapuato, Sister City - Irapuato, Mexico Mexico. Referred to Parks and Recreation It was moved by Councilman Scott, seconded and International Friendship by Councilman Hobel and unanimously carried Commissions that the request be referred to the Parks and Recreation and International Friendship Commission for study. Request to close Gotham Street A request has been received from Mrs. Norman for block party G. Williams, 1751 Gotham Street, for permis- sion to close Gotham Street from Tulane Avenue to Cornell Avenue on Sunday, September 5, 1971, between the hours of 4 P.M. and 12 mid- night for a block party. Approval granted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the request be granted. ORAL COI~UNICATIONS: Presentation of film - Captain Lawrence Cook, representing the Amer- American Revolution, Bi-Centennial ican Revolution Bi-Centennial, presented a Celebration 15-minute film depicting the purpose and intent of the Bi-Centennial celebration to take place in 1976. Captain Cook remarked that he is asking each of the Mayors to join with them to set up a committee for this County. This ~ormnittee will decide what type projects they would recommend be set up for the Bi-Centennial celebration. Jobs for Veterans Mr. Herb Lathan, 631 Carla Street, invited the Council to attend a "Jobs for Veterans" luncheon to be held at Tom Ham's Lighthouse on Harbor Island, August 31~ 1971 at 12 noon. Mr. Lathan added that on Monday, August 30, they will have a flag-raising ceremony at the Veterans Hospital~ and invited the Council to attend this ceremony also. Clean-UpWeek Mr. Herb Lathan, 631 Carla Street, noted the "Clean-up, Paint-up, Fix-up Week" this week in San Diego. He offered the services of his company in cleaning up ~i~u~ City aTea~ (C~la ViSta Sa~l~ Service). ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:35 P.M. to the meeting scheduled for 3 P.M., Wednesday, August 25, 1971. -10-