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HomeMy WebLinkAboutcc min 1971/04/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday April 6, 1971 A regular meeting of the City Council of Chula Vista was held on the above date beginning at 7:00 P.M., in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, California, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Egdahl Absent: Councilman Hyde Also present: City Manager Thomson, Assistant City Manager Bourcier, City Attorney Lindberg, Assistant Director of Public Works Robens, Director of Planning Warren 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 meeting of March 30, 1971, be approved, copies having been sent to each Councilman. PUBLIC HEARING - CONSIDERATION OF City Clerk Fulasz read a letter from Mr. CHANGE OF ZONE FOR 2.474 ACRES C~uck Pearson, D & E Enterprises, Inc., LOCATED AT NORTHEAST CORNER OF requesting that the public hearing be con- PALOMAR STREET AND NOLAN AVENUE tinued for one week due to the fact that one of the Councilmen was absent. David Bavemcoff, 340 East Palomar Mr. Bavencoff stated that many of the resi- dents in this area are present tonight, and he is requesting that the Council consider them, and hold the public hearing~ Precedence set Councilman Scott commented that the Council has, many times in the past, continued such matters when requested by the applicants to do so when a full Council was not present. In many cases a 4/Sth vote is needed to approve certain motions. Troy Kimbrough, 337 Inkopah Mr. Kimbrough declared that many of the people present tonight will be at sea next week and unable to be present. Eugene York, 280 "K" Street Mr. York~ representing the developers, stated he called the opposition and informed them of the decision to ask for a continuance~ Motion to continue It was moved by Councilman Scott, seconded by Councilman Egdahl that the public hearing be postponed for one week in order to have a full Council present. The motion passed by the following vote, to-wit: AYES: Councilmen Scott~ Hamilton, Egdahl Noes: Councilman Hobel Absent: Gouncilman Hyde PUBLIC HEARING - CONSIDERATION OF Director of Planning Warren submitted a plat PHASE III 0F CITY REZONING PLAN - explaining the proposed rezonings, as recom- AREA BOUNDED BY INTERSTATE 5, FIFTH mended by thc Planning Cormnission. The zone AVENUE, "C" STREET AND ADA STREET designations will bring these areas more into conformance with the General Plan. Generally, the main proposals are as follows: rezoning properties adjacent to Interstate 5 along major streets, from I-L, C-T and R-3 to C-V (visitor-oormnercial). The area between Interstate 5 and Industrial Boulevard, south of Moss Street is proposed to be rezoned from I to R-3, along with all of the existing I-L zoned properties lying adjacent to the east- erly side of Interstate 5 from ~L to resi- dential. Also, the Broadway Shopping Center between "H" and "I" Streets is proposed for rezoning from C-T to C-C. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Willis Richardson, 3630 Fir, Mr. Richardson questioned a certain segment San Diego of zoning on Industiral Boulevard. Mr. War- ren explained the change. John J. Bryan, Brand and Davies Mr. Bryan stated his firm owns the building at the corner of Jefferson Avenue and "H" Street. He is also representing the two property owners fronting on 3efferson Avenue directly behind his building. They object to having the area rezoned residential. Director of Planning explains Mr. Warren pointed out that Mr. Bryan's proposed zoning property was proposed for C-T zone~ and the other two properties fronting on Jefferson Avenue were being proposed for the C-O zone. No objections In view of this fact~ Mr. Bryan stated he had no objection to the proposed zoning; how- ever, the two property owners at 507 and 511 Jefferson Avenue had. Objection to proposed zoning Mr. Kenny Thompson, 507 Jefferson Avenue, also speaking for Mrs. C. Henrichon, owner of property at 511 Jefferson Avenue~ objected to the proposed C-O zone and asked that the property remain in the C-T zone, since it was l~ss restrictive and they would have a better chance of selling it. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1327 - ADOFTING It was moved by Gouncilman Egdhal that this PI~ASE III OF CITY REZONING PLAN - ordinance be placed on its first reading and FIRST READING that reading of the text be waived by unani- mous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde RESOLUTION NO. 6013 - AMENDING Due to a recent change in their by-laws, the RESOLUTION NO. 5474 TO DESIGNATE Cnula Vista Fireman's Association name has EMPLOYEE GROUP AS CHUIA VISTA been changed to the Chula Vista Firefighters' FIREFIGHTERS' ASSOCIATION Assooiation. This resolution is necessary so that this orsanization can continue to be recognized as the official negotiating body for the uniformed members of this Department. -2- 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 Noes: None Absent: Councilman Hyde RESOLUTION NO. 6014 - APPROPRIATING City Attorney Lindberg explained that the FUNDS FOR CONTRIBUTION TO DEFENSE OF City Attorney of Fresno is preparing a test UTILITY USERS TAX CASE case for presentation to the Supreme Court regarding the Utility Users Tax, and has requested a contribution from all cities to help defray expenses of this litigation. The amount of $250 is being requested for approval by the Council. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Egdahl, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6015 - APPROVING The amendment to this contract contains the AMENDMENT TO CONTRACT WITH CHULA following: (1) Extension for 10 years from VISTA SANITARY SERVICE date of expiration of original contract (May 3, 1972). (2) A billing procedure. (3) A statement indicating City's interest in the Company's following an active policy to stay abreast of the latest procedures for trash service, bearing in mind environmental consideration. (4) An annual, or some other appropriate report to Council on the Company's activities in this regard. 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 Noes: None Absent: Councilman Hyde RESOLUTION NO. 6016 - APPROVING At the last meeting (March 30, 1971) the AGREEMENT WITH INTERCITYDEVELOP- Council voted to file a resolution opposing MENT COMPANY the InterCity Development Company's annexa- tion to the Spring Valley Sanitation District. The area lies between Bonita Woods and Sweet- water Manor north to the Freeway. InterCity has proposed several conditions which have been incorporated into this agreement: that they will not in any way oppose any annexa- tion program thc City may have for that area, and will guarantee in the form or a bond or cash, the full amount necessary for the aoquisition of Spring Valley Sanitation sewer rights should the area be annexed to Chela Vista. -3- 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 Noes: None Absent: Councilman Hyde RESOLUTION NO. 6017 - ENDORSING This resolution endorses the concept of GENERAL REVENUE SHARING general revenue sharing, and will be sent to the Congressmen and to other cities encouraging them to take similar action. 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 Noes: None Absent: Councilman Hyde RESOLUTION NOo 6018 - APPROVING In accordance with Section 29.2.33 of UNCONTROLLED EMBANKMENT AGREEMENT Ordinance Noo 1163, each of the property FOR 446-448 FOURTH AVENUE - MILLER owners have signed a Maintenance Agreement for laud development involving uncontrolled RESOLUTION NO. 6019 - APPROVING embankment. The agreement states that the UNCONTROLLED EMBANKMENT AGREEMENT fill area shall be designated as uncontrolled FOR 456 F~JRTH AVENUE - CONFORTH embankment and the area is not eligible for building without special soils analysis and RESOLUTION NO. 6020 - APPROVING foundation design. UNCONTROLLED EMBANKMENT AGREEMENT FOR 916-932 INDUSTRIAL BOULEVARD - CARLIN CONSTRUCTION Resolutions offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel~ Hamilton~ Egdaht, Scott Noes: None Absent: Councilman Hyde RESOLUTION NO. 6021 - ACCEPTING Informal bids have been received from five INFORMAL BIDS AND AWARDING CONTRACT companies for the construction of this proj- FOR ]/~PROVEMENTS ON EAST ONEIDA ect. It is recom~nended that the Council STREET accept the lowest bid in the amount of $4,992.2~ from Sim J. Harris Company. 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~ Nobel~ Hamilton~ Egdahl Noes: None Absent: Councilman Hyde RECOP~4ENDATION OF PLANNING Mayor Hamilton announced that the Planning COb~{ISSION REGARDING PROPOSED and Engineering Departments have requested INTERCHANGES OF INTERSTATE 805 a (me-week continuance of this item. Motion to continue It was moved by Councilman Scott, seconded by Councilman Hobsl and unanimously carried that the matter be continued for one week. -4- RECOMMENDATION OF SAFETY COMMISSION The Council referred to the staff report - POTENTIAL TRAFFIC SITUATION ON which stated that County Engineer Howard Mo MAIN STREET Taylor was contacted about this problem and he indicated that Main Street from Industrial Boulevard to Hilltop Drive and Otay Valley Road from Oleander Avenue easterly to Brown Field are widening projects scheduled to commence some time in June 1972. The improve- ment will provide four lanes of traffic on Main Street and two lanes of traffic on Otay Valley Road The Safety Commission recommends that, until some definite traffic pattern is established at this location, no action be taken at this time for stop signs or traffic signals. Report accepted It was moved by Councilman Scott, seconded by Councilman ggdahl and unanimously carried that the report be accepted. RECO~R~ENDATION OF SAFETY CO14MISSION Assistant Director of Public Works Robans - TRAFFIC ISLANDS AT TELEGRAPH CAN- referred to the report submitted to the YON ROAD EAST OF MACION AVENUE Council explaining that the business estab- lishments located on the north and south side of Telegraph Canyon Road, east of the intersection of Nacion Avenue, have com- plained that the street improvements on Telegraph Canyon Road have eliminated turn- ing movements across this street into their business establishments. Mr. Robens reviewed several factors in this consideration of the business owners: the grade, speed limit, schedule for signalization at this intersec- tion and the traffic increase. Automobile Club of Southern The Automobile Club recommends that the California center island be maintained and special left-turn storage lane for Nacion Avenue. Recon~nendation of Safety Cormnission The Safety Cormnission supports the report of the Director of Public Works in every detail. Councilman Scott questions Councilman Scott discussed the traffic pat- accident and traffic count tern in this area which he declared was quite different than other streets that carry an average of 97000 cars a day. He asked if the Engineering Division had made any study as to the traffic count in this area - the peak hours, and broken down by the hour. Also~ ha would be interested in knowing whether there has been any accidents on this location with the availability of the left- hand turns. Mr. Robens stated that no study has been made on these questions, but he can investi- gate this and report back to Council. Motion to continue It was moved by Councilman Scott, seconded by Mayor Hamilton and unanimously carried that this matter be continued for two weeks so that the Public Works Department will be able to obtain moro information. Mayor comments Mayor Hamilton commented that he was con- earned that this particular area was master planned as far back as 1962, and he felt the developer should have informed the people leasing the commercial building of this situation. -5- Recess called Mayor Hamilton called for a recess at 8:15 P.M. The meeting reconvened at 8:30 P.M. ORDINANCE NO. 1326 - PREZONING 70.6 It was moved by Councilman Scott that this ACRES LOCATED ON THE SOUTH SIDE OF ordinance be placed on its second reading MAIN STREET BETWEEN SWEETWATER ROAD and that reading of the text be waived by AND 1-805 - SECOND READING AND unanimous consent. The ordinance was passed ADOPTION and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Egdahl Noes: None Absent: Councilman Hyde REPORT ON IMPROVEMENTS IN 600 Assistant Director of Public Works Robens BLOCK OF EAST "J" STKEET - referred to the report submitted to the DIRECTOR OF PUBLIC WORKS Council indicating that all of the improve- ments in this area have been made with the exception of landscaping the median strip. Mr. Robens discussed the costs for landscap- ing and for black asphaltic concrete to be used with astro turf~ Since there is very little traffic in this area, the landscaping will be enjoyed primarily by 42 property owners, and Mr. Robens added, it would be appropriate for these property owners to share in the cost of landscaping. Councilman Scott questions Councilman Scott asked the time schedule for extension of East "J" Street the extension of East "J" Street through the Gersten development, and whether the streets from then on will be four lanes. Mr, Rebens stated that, to his knowledge, the streets will be four lanes. Mr. Warren indicated it will be five years before the extension goes in. Mr. Dave Castbow, 615 East Mr. Castbow commented on the particular area "J" Street stating that the strip should be landscaped and not black-topped. He stated ne would be willing to pay the $131 for the landscap- ing, along with the other property owners, if it came to that. Mr. Frank Sanders, 619 East "J" Mr. Sanders questioned the cost of landscap- Street ing this area, as the letter he received from the City pertaining to this item a few weeks ago indicated the cost for asphaltic concrete would be $12,000. Mr. Robens explained that the $12,000 figure was probably an estimate; the $8,400 figure is based on current prices. Type of landscaping proposed The Council discussed the recommended land- scaping, and the cause of the median strip in this particular area. Mr. Robens explained the reason for the median strip indicating that, in the future, terms will be worked out with the developers that as the street is being paved~ the City will put up the money to pave the center portion at that time (124 feet) and nave the contractor pave that at the time the improve- ments for the subdivision are being installed. -6- Motion to landscape median strip It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the landscaping in this area be put in at City cost, and not be borne by the resi- dents in this area° There is no specific plan approved in this motion. Landscape architect to recommend Mr. Warren indicated that the services of plan a landscape architect were available for this project. REPORT ON DUMPING PROBLEM - City Attorney Lindberg stated he has received TELEGRAPH CANYON ROAD AND a number of complaints concerning various HILLTOP DRIVE - ASSISTANT other areas in the City with this same dump- CITY MANAGER ing problem. His office will be examining all of these areas and an attempt will be made to find some solution. Mayor Hamilton commented that the wrong people are being punished -- that the City should be getting the people that are actually damping the trash, and not just the owners of the vacant properties. Mr. Lindberg explained that the ordinance covers both -- if the people dumping the trash can be caught, they would be prose- cuted as well. Nicholas Besker, Jr., questions Mro Besker questioned why the trash was reasons for dumping on vacant lots being dumped at various locations in the first place° He suggested some arrangement be made with the Chula Vista Sanitary Serv- ice for either a semi-annual or annual pick- up of this large trash, and people should be informed that this material will be picked up. Motion to approve report It was moved by Mayor Hamilton, seconded by Councilman Hobel and unanimously carried that the report of the Assistant City Manager be accepted, and that the staff look into other means of controlling this type of problem and enforcing it. Motion to require posting of signs It was moved by Councilman Hobel and seconded by Councilman Egdahl that the staff and City Attorney look into the problem areas (Tele- graph Canyon Road, East "J" Street~ otc.) and require the property owners to post signs on their properties, and to maintain these signs ("No Dumping"). Speaking against motion Councilman Scott spoke against the motion stating the problem really lies with the fact that the County charges for dumping. In view of the ecology and beautification movements, it behooves the County Board of Supervisors to provide free damping sites. This should be a general obligation of the County. Motion fails The motion failed by the following vote, to-wit: AYES: Councilmen Hobel, Egdahl Noes: Councilmen Hamilton, Scott Abseut: Councilman Hyde -7- Motion to write letter to It was moved by Councilman Scott and Board of Supervisors seconded by Mayor Hamilton that the Mayor write a letter to the County Board of Super- visors indicating that since they are inter- ested in the ecology and beautification of the County, it behooves them to realize that they are one of the contributors to this problem because of the fee charged for the County dumps. Speaking against motion Councilman Hobel stated he was speaking against the motion because, even if the people will get something free, the distance of hauling their trash will st~p people from using the dum~s. He felt this motion was not getting to the problem at homeo Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Egdanl Noes: Councilman Hobel Absent: Councilman Hyde PURCHASE OF SCHOOL PROPERTY Councilman Scott asked for a report on this NEXT TO FINE STATION - EAST matter. J STREET City Mangger Thomson stated that the Fire Chief is putting a package together and looking at alternative sites. This report will be coming to the Council very shortly° LEGISIATIVE COMMITTEE MEETING Councilman Scott con~nented that there are a few items which this Con~nittee should discuss, and requested that they hold a meeting, as soo~ as convenient. AZTEC BUS AUDIT Councilman Hobel questioned whether a Conference has been set on this matter. Mayor Hamilton stated he would call for one tonight. POLICE FACILITY ENTRANCE Councilman Egdahl discussed the new Police facility stating it was difficult to identify where the main entrance is. He asked the staff to investigate t~is prob~4tm and bring back a recormnendation. MOTION FOR CONFERENCE AND It was moved by Mayor Hamilton, seconded by EXECUTIVE SESSION :i Councilman Egdahl that a Council Conference (adjourned regular meeting) be scheduled for Monday, April 12, 1971, at 3 p.m. to discuss Aztec Bus Lines. Also, that after "Oral Communications" an Executive Session be held for possible litigation and for personnel reasons. Speaking against motion Councilman Hobel stated he was speaking against the motion for the Executive Session as he felt a full Council should be present. City Attorney comments City Attorney Lindber8 stated that he was informed today that the parties that were going to speak on this subject preferred to wait until next week, in order to have a full Council. Part of motion withdrawn Mayor Hamilton withdrew the motion for the Executive Session, and Councilman Egdahl with- drew his second. -8- Motion carries The motion to schedule a Council Gonference for April 12, 1971 at 3 p.m. passed unani- mously. FEASIBILITY OF PARKING METERS Councilman Scott felt a feasibility study IN CIVIC CENTER PARKING AREA on this subject would be in order. Motion for study It was moved by Councilman Scott, seconded by Mayor Hamilton that a feasibility study be made on the possibility of installing parking meters as a solution to the problem of parking for the Library-Post Office- Human Resources complex. Motion carries The motion carried by the following vote, to-wit: AYES: Councilman Scott, Hamilton, Egdahl Noes: Councilman Hobel Absent: Councilman Hyde WRITTEN COMMUNICATIONS: CITY CLERK'S REPORTS Letter from Chamber of Commerce The Board of Directors of the Chamber of relating to removal of trees Commerce are recommending that the policy regarding removal of trees in public righbs- of-ways and parkways be changed. They sug- gest a committee of three - a Councilman, a City staff member, and an appointed of- fieial - be appointed by the Council to review any and all long-range street widen- ing projects which would involve tree re- moval. Referred to staff and Mayor Hamilton directed that this matter be Environmental Control Cormmission referred to staff and to the Environmental Control Co~nission for report and recommend- ation. Letter from Chamber of Cormnerce The Board of Directors of t~e Chamber of relating to bicycle paths on Commerce request that the Council instruct Tidelands the consultants engaged to study the land use of the Tidelands to consider the pos- sibility of the creation of bicycle paths in their study, which they feel would be a recreational asset~to~tha City. Referred to Director of Planning Mayor Hamilton directed that this matter be referred to the Director of Planning. Request from Veterans of Foreign This is a request from the Poppy Chairman Wars, District 1, to sell of tna Veterans of Foreign Wars to donduct poppies on May 21-22, 1971 their annual "Buddy Poppy" sale on May 21 and 22, 1971¥ in thc City of Chula Vista~ Motion for approval It was moved by Councilman Scott, seconded by Councilman Hobel, and unanimously carried that the request be granted. ORAL COI~{UNICATIONS Mrs. Rose Kimbrough, 337 Inkopah Mrs. Kimbrougn questioned why the City Street questions petition received Clerk did not state that she received a by City Clerk petition signed by 314 names opposing the rezoning request of item #2 (Rezoning property at northeast corner of Palomar ~ Street and Nolan Avenue). City Clerk explains City Clerk Fulasz explained that the Council moved to postpone the public hearing on this matter for one week; there- fore, no testimony could be heard on this item. When the public hearing is opened on this request next week, she will then report receiving this petition and note its contentB. ADJOUILNMENT Mayor Hamilton declared the meeting adjourned at 9:20 p.mo to the adjourned regular meeting scheduled for April 12, 1971 at 3 p.m. in the Council Chamber. (Page 5a) RECOMMENDATION OF SAFETY The Safety Commission considered the COMMISSION - INTERSECTION OF possibility of stop lights and stop slgns EAST L STREET AND NACION AVENUE at the intersection of East L Street and Nacion Avenue. They wish to notify the Council that such a signal will be installed at this intersection during the next fiscal year~ as reported to them by the Traffic Engineer. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdanl, and unanimously carried that the report be accepted. Unanimous Consent Item: RESOLUTION NO. 6022 Offered by Councilman Egdahl, %he AMENDING RESO. 5913 BY SUB- reading of the text was waived by STITUTING A CORRECTED unanimous consent, passed and adopted DESCRIPTION OF CERTAIN PROPERTY by the followinq vote, to-wit: ACCEPTED BY SAID RESOLUTION AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Noes: None Absent: Councilman Hyde