Loading...
HomeMy WebLinkAboutcc min 1971/03/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Held Tuesday, 7 p.m. March 2, 1971 The regular meeting of the City Council was held on the above date beginning at 7 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, California. The following Councilmen were present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Manager Thomson, City Attorney Lindberg, Director of Public Works Cole, Director of Parks & Recreation Jasinek, Fire Chief Smithey, Personnel Director 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 Egdahl, seconded by Councilman Hobel, and unanimously carried that the minutes of the meetings of February 22 and 23, 1971, be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. Frank COMMISSIONER Guidry, Chairman of the Youth Advisory Commission, as the Guest Commissioner for this meeting. APPOINTMENT OF MEMBER TO It was moved by Councilman Scott, YOUTH ADVISORY COMMISSION seconded by Councilman Hobel, and unanimously carried that Daniel Weinberger be appointed to the Youth Advisory Commission, replacing Stephen Peace who resigned. ORDINANCE NO. 1325 This is an amendment to the present REGULATION OF PALMISTRY ordinance adding a ~ection which would ENTERTAINMENT - FIRST READING prohibit the practice of forqune telling by any of the various methods that are presently in use. It was moved by Councilman Scott, that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 5963 This resolution for Council action APPROVING DESIGN AND CON- approves the design and construction STRUCTION OF SLOPES IN of public improvements as shown on APOLLO SUBDIVISION, UNIT Drawing Nos. 70-93D through 70-97D in NO. 1 Apollo Subdivision, Unit No. 1. This action fulfills the requirement of Council approval as contained in the slope right certificate in the final order of the condemnation proceedings authorized by Council Resolution No. 3424 on June 16, 1964, for the right- of-way for the extension of East Rienstra street. -1- 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. 5964 On February 13, 1963, by Resolution 3031, RESCINDING SEWER SERVICE The City Council granted a sewer CHARGE VARIANCE GRANTED TO service variance to Charles and Olivine 30 DEL MAR AVENUE ~. Valois for property at 30 Del Mar Avenue. During review of all variances and upon examination of this specific one, it is determined that this house can now be sewered and that the variance be revoked. 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:OFFER TO This resolution is an offer to purchase PURCHASE CERTAIN PROPERTY 1.1505 acres of property f~ the Chula OWNED BY CHULA VISTA Vista City School District for the CITY SCHOOL DISTRICT FOR sum of $37,586.84. This sum shall FIRE DEPARTMENT FACILITIES include all costs and expenses to be incurred by the School District in connectiOn with the sale and conveyance of this land to the City by Grant Deed. The property is adjacent to Fire Station No. 2 in order to expand that operating facility. Appraisal price questioned Councilman Hyde questioned the appraisal price of the property. Dr. Burton Tiffany, Superin- Dr. Tiffany explained that the appraisal tendent, Chula Vista School was made by a Mr. Alan Comstock who District appraised it as R-3 property, which he conoluded was th~ best use. The $choc1 District is forced %o sell this property a% tke appraised value, and The Federal Government has to accept this price. Motion to continue It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that this matter be held over for one week and that the staff investigate the purchase price and determine the basis and justification for it. Also, whether the staff concurs that this is a fair and true appraisal price for the property. Council discussion The Council discussed the appraisal, the ]and use, and alternates, if the price is not acceptable. Motion amended It was moved ny Councilman Scott, seeondsd by Councilman Hobel, and unanimously carried that the motion be amended to direct %he staff to look into the legal aspects of the situation; also, the rationale employed by the apprais~k in determining the evaluation. --2-- RESOLUTION NO. 5965 This resolution approves the issuance GRANTING CERTIFICATE OF of a certificate to operate for the PUBLIC CONVENIENCE AND Bonita Cab Company. NECESSITY FOR OPEraTION OF TAXICAB IN CITY 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. 5966 This resolution indicates that the City DECLARING INTENTION TO Council approves the organization of ACCEPT GIFT OF CHULA VISTA the Chula Vista Community Hospital and COMMUNITY HOSPITAL the proposed amendments to the Articles FACILITIES of Incorporation and the Bylaws of the Corporation contemplated; and further, that the City Council finds the construction, of the Hospital Facility to be beneficial to the City of Chula Vista. It also indicates Council approval of the form of First Mortgage Bonds proposed to be issued by the Corporation which contain nothing objectionable to the City or nothing which can impose any kind of obligation on the City. It is the City's intent, if duly authorized by law and the City Council of the City of Chula Vista at the time of tender, to accept the gift of the Hospital Facility free of ~iens or claims of any kind or nature whatsoever, at the time Corporation tenders it to the City. Ratification element Councilman Hobel questioned whether discussed the ratification element in the reso- lution would be an overriding factor as far as Internal Revenue Service (IRS) is concerned. City Attorney explains City Attorney Lindberg stated that he and the Mayor discussed this matter with Mr. Peter Blackman, Attorney for O'Melvency & Myers, financial consultants for the Community Hospital. Mr. Blackman indicated that more was necessary in terms of ratification of the present Board of Directors and new appointees %o the Board of Directors. Mayor Hamilton comments Mayor Hamilton discussed this meeting in which he requested that the termin- ology of "ratification" be spelled out. He added that he asked Mr. Blackman to be more definitive, and Mr. Blackman stated he felt they could be more definitive but wanted more time to research this. He indicated that there should be some changes in the resolution and a delay of one week to get these answers would be no problem. -3- Dr. Burton Tiffany, Dr. Tiffany, member of the Board of 2932 Bonita Mesa Road Directors of the Hospital explained that they changed from a proprietary hospital in 1966 to a non-profit hospital. There are certain require- ments regarding the Board cf Directors. The By-Laws Itate that they should have an Advisory Committee or a committee of citizens, who would have the responsibility of electing the Board of Directors, and procedures are established for this. They are now in the process of setting up the Advisory Committee. Dr. Tiffany declared that there was no concern on the part of the Board of Directors of the Council's ratification of their members. Urge adoption of Dr. Tiffany added that it was unwise resolution to delay any action on this resolution; that now is the time for them to go out into the money market to get this tax exempt funds. They must rely on their bonding attorneys and Stone ~nd Youngberg for counseling. Name change Dr. Tiffany further added that the name of the corporation should be changed on the resolution: it should be Community Hospital of Chula Vista instead of Chula Vista Community Hospital. Mr. Richard Jacobson Mr. Jacobson, Executive Director of 3939 Freed Avenue, S.D. Comprehensive Planning Association of San Diego and Imperial County, read from a report concerning a survey made of the needs of the hospitals in this County. He stated that his Association approves the proposal of the Community Hospital to construct a 131 bed facility at another site. The future site is also approved since it will be close to freeways, major arterials and f~d~r roads so that not more tk~n 15 minutes travel time will be spent from the farthest points of the Hospital Service Area. Mayor Hamilton comments Mayor Hamilton commented that he did no% raise these quos%ions to delay this issue. He will not object resolution~as he is not against additionalmedical services, but he does feel he has the right to seek answers to questions he is not satisfied with, and will continue to do so. Motion %o hold over It was moved by Councilman Scott, for one week seconded by Mayor Hamilton that the matter be held over for one week. Motion fails The ~ot~on failed by the following vote, to-wit: AYES: Councilmen Scott, Hamilton Noes: Councilmen ~obel, Hyde, Egdahl Absent: None -4- Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl~ Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 5967 This resolution accepts grant deed from ACCEPTING, DEDICATING AND Starlight Center and dedicates the ~A~ING CERTAIN REAL property for street purposes namin9 PROPERTY IN CITY FOR STREET it EAST ONEIDA STREET. PURPOSES FROM SAN DIEGO COUNTY ASSOCIATION FOR THE RETARDED 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, Hamilton, Hyde Noes: Hobel Absent: None Councilman Hobel com~.ents Councilman Hobel commented that he on price of property did not agree with the staffEs report on the price of the land since the justification was based on the surround- ing property, and this particular piece of property would not be developed ~or anything; it has very little value in the market place today. RESOLUTION NO. 5968 This resolution dedicates for public NA~4ING AND DEDICATING PRE- use the remaining portion of Lot F, VIOUSLY ACCEPTED REAL Rylo Ocean View Estates Subdivision, PROPERTY FRON MYL© CON- Unit No. 1, naming it EAST ONEIDA STREET. STRUCTION COMPANY Resolution offered Offered by Councilman Eg~ahl, the reading of %he text was waived by unanimous consent, passed ~nd adopted by the following vote, to-wit: AYES: Councilmen Egdshl, Scott, Hobel, Hamilton, Hyde Noes: None Absent~ None RESOLUTION NO. 5969 Thi~ resolution dedicates the remaining ACCEPTING, DEDICATING AND portiontol one-foot control Lot E, NAMING ONE-FOOT LOT ON Mylo Ocean View Estates Subdivision, EAST ONEIDA STREET Unit No. l, and naming ti EAST OENIDA STREET. 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: Non~ Absent: None RESOLUTION NO. 5970 The condemnation ease securing an AUTHORIZI~C ~XPENDITURE AND opening of Cr~st Drive lying between APPROPRIATIN~ FUNDS FOR Telegraph Canyon ~oad and Halecrest CONDEMNATION PROCEEDINGS - Subdivision has now been concluded. CREST DRIVE The total costs, including trial, attorney, and appraiser fees amount to $47,821.08. 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 RECOMMENDATION OF PARKS The Council referred to the report & RECREATION COMMISSION submitted by the Parks and Recreation RELATIVE TO REQUEST OF Commission relative to the request of EQUESTRIAN TRAILS, INCOR- Equestrian Trails, I~O~porated, PORATED for approval of an equestrian trail along the s¢,utkerD perimeter of the Chula Vista Municipal Golf Course. The request also included the posting of warning signs or installation of flashing signal lights at four different intersections indicating horse crossings. The Parks & Recreation Commission recommends that an agreement be~ drawn for the posting of an equestrian trail on the southern perimeter of the golf course on a trial basis, subject to (1) if the use of the area for this purpose proves to be unsafe, the agreement is to be terminated immedistels~; (2) any agreement is to be delayed until such time as a restaurant/bar operator is selected. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl, and unanimously carried that the report be accepted. RECOF~ENDATI©N OF CIVIL The Council referred to the report SERVICE COMMISSIO~ RELATIVE submitted by the Civil Service Commission TO EMPLOYEE PREFERENCE recommending that Section 2 of the POINTS Civil Service Pule VII ke deleted. This would discontinue the present practice of granting employee and departmental preference points on all City examinations. Report accepted It was moved by Councilman Scott, seconded by Councilman Hobel, and ~nanimously carried that the report be accepted. Resolution to be brought It was moved by Councilman Hyde, back seconded by Councilman Egdahl, and unanimously carried that the staff be directed to bring back a resolution for Council ~ction. REQUEST OF WOODLA?~ PARE City Manager Thomson referred to his FIRE DISTRICT FOR CO~TPAC- report statin9 that a request has been TUAL FIRE SERVICE received from representatives of the ASSISTANCE FROM THE CITY Woodlawn Park Fire Protection Distr~ct OF CHULA VISTA. regarding the possibility of the City providing fire service to that special d~is~rict on a contractual basis. The F~re District encompasses 80 acres and is strictly residential. Mr. Thomson discussed the assessment and tax rate for this district, and requested that Council authorize him to pursue investigation and hold further discussions of this matter. --6-- Report be accepted It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that the City Manager pursue investigation of this matter. Councilman Hyde questioned whether, by providing this contractual service, one of the attractions of annexafioD will be eliminated. Mayor Hamilton indicated that this could be part of the tf~inistrative Officer's Report, Paul Green, Mr. Green asked the Council to set 141 Lotus Drive a date certain as to when this report will come back. Mr. Thomson indicated he could have this report ready for Council within 30 days. Councilman Scott asked that tb~s be incorporated into his motion - that the report be brought back to the Council on March 30, 1971. REPORT ON TRANSVERSE Director of Public Works Cole reported UTILITY LINES CROSSING that he discussed this matter with the FREEWAYS - DIRECTOR State Division of Highways. Ail of OF PUBLIC WORKS the bridges that will be constructed will contain duets for future place- ment of electrical lines. The State will not sllc~? any electrical lines carrying over 33,000 volts in the bridges. Further, the State will not participate in undergrounding of utilities unless they are already existing in an underground condition. F~. Cole further stated that there are 10 crossings between Palomar Street and Sweetwater Valley. Five of these are above the 33,000 volts so they will not be placed underground, but the remaining five can be placed underground in some manner. Mayor recuests wrltken Mayor Hamilton requested that ' Cole submit a writtep rel~ort to the report C~uncil on this. He discussed the high lines ~t 805 Freeway from Telegraph Canyon Road to Main Street in ©%ay, He directed Mr. Cole, in checking out these crossings, to find out about the crossings as they ~ay take place in the further extensions of COS. ENVIRONMENTAL CONTROL ~ayor Ham~]ton stated he has received COF~ISSION - PUBLIC a request from Dr. Glenn, Chairman of I!EAPINC the Environmental Control Com~.isslon, for approval to hold a public hearing at SoUthwestern College cD ~a~ch 17, 1971. Councilman Scot% stated he will abstain from this discussion and vote. Motion to approve It was moved by Councilman Hyde, seconded by Councilman Egdahl, and carried that the Environmental Control Commission be given approval to hold a public hearing at Southwestern College. The motion passed by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes:None Absent: None Abstain: Councilman Scott EXECUTIVE SESSION Mayor Hamilton moved, seconded by Councilman Hyde, and unanimously carried that the Council adjourn to Executive Session, after ORAL COMMUNI- CATIONS, for reason of personnel labor-management relations, as permitted by the Brown Act. GOLF COURSE LEASE Councilman Scott referred to the motion made at the last meeting in which the Council moved to reconsider the lease for the golf course bar/ restaurant facility. He asked if anything had transpired since that time. City Manager comments Mr. Thomson stated he will again meet with the parties involved, and has submitted the background material on this matter. Motion explained CounCilman Scott stated that the intent of his motion was to see if it was worth reconsidering or whether it should be left as it was. He didn't expect a lengthy report on it, merely a recommendation. Mr. Dick Agee Mr. Agee discussed this issue commenting 1425 Second Avenue that when discussions were held on it, the liquor license was to go along with the lease. They were able to get a liquor license which they have held for %he last two weeks, but he cannot hold this license for another week without giving someone some money. Mr. Agee discussed some O~ the r~servations that are coming in for the latter par% of April, and remarked that if this was an indication of the delays he would be getting on his plans, he would as soon forget about the matter and the Council get someone else. Item for Council I% was moved by Councilman Hyde, Conferencec seconded by Councilman Scott, and unanimously carried that this item be placed on the Council Conference scheduled for Monday, March 8, 1971. Port District to be Mayor Hamilton commented that the contacted only other thing that the staff has to do on this matter is %o contact the Port District. --8-- Councilman Scott explained the Council's direction: if the same conditions which were offered to Mr. Agee were offered to other people, would there be interest in this operation. Suggestions were to look at the Port, and San Diego City's contacts with other people. It was also explicit that, on a very informal basis, other restaurant people would be contacted to see if there would be any other interest. City Manager comments Mr. Thomson stated he has reviewed the lease, and as for contacting other parties on an informal basis, he could take a more formal bid, such as opening up the percentage of the gross income of the operation for (1) securing bids on that basic agreement (2) having a basis for comparison. Councilman Scott remarked that the whole point of the motion to reconsider was to see if it was in the best interest of the City to go out to bid again - the intent was not to go out for formal bid, but merely to give direction to the Council. HOSPITAL ISSUE Councilman Hobel discussed the resolu- tion passed on the hospital issue tonight. It is his understanding that O'Melveney & Myers could suggest a revision to the resolution passed, and wondered if the Council would have the amended resolution. City Attorney comments City Attorney Lindberg stated that O'Melveney & Myers will approach IRS on this, and if a modification is in order, they will come back to Council on t~is. TRANSPORTATION PROBLEM Councilman Hobel referred to the letter received from Mr. Morey, Chief Administrative Officer San Diego County, relative to the bus issue. Each of the Councilmen received this report in a separate mailing. Council Conference item Mayor Hamilton directed that this be made an item on %he Council Conference scheduled for Monday, March 8, 1971. RIENSTRA STREET Councilman Hyde asked about the repairs on Rienstra Street. Mr. Cole, Director of Public Works, reported that the street is in operation, but in a patched-up condition. It will be resurfaced in approximatmly 6 months, when the developers move out. -9- WRITTEN COMMUNICATIONS: City Clerk Fulasz reported that she received a petition, signed by 657 persons demanding that immediate action be taken to prevent further danger and injury to people crossing the area at 660 L Street, and further, that this problem be brought to the attention of the Chula Vista Safety Commission. Off-street parking discussed Councilman Scott stated he received a call on this matter. The Counci~ discussed the inadequate off-street parking facilities for this manufacturing firm. Motion to refer to It was moved by Councilman Hyde, Safety Commission seconded by Councilman Hobel, and unanimously carried that this matter be referred to the Safety Commission for recommendation and report. Dorothy Rudolph, Mrs. Dorothy Rudolph, Chairman of the 299 Seavale Street South Bay Citizens Planning Organization, presented a book to the Mayor entitled, "The Killer Smog" by William Wise. Mayor Hamilton commented~that he will read it and pass it on to the ~mbers of the Council. Herb Latham, Mr. Latham, representing Friends of 631 Carla Street the Library, spoke of the lack of book space in the present facility, and asked Council to give a new Library facility their paramount consideration. EXECUTIVE SESSION The Council adjourned to Executive Session at 9:03 p.m. and reconvened at 9:45 p.m. Mayor Hamilton announced that the Council has given permission to the City Administrative Office to consult with the employees. ADJOURNMENT Mayor Hamilton declared the meeting a~journed to Monday, March 8, 1971, at 3p.m. City Cler~ -10-