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HomeMy WebLinkAboutcc min 1971/02/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, 7p.m. February 23, 1971 A regular meeting of the City Council of the City of Chula Vista was held on the above date at 7:00 P.M. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent~ None Also present: City Manager John Thomson, City Attorney Lindberg Director of Public Works Cole, Director of Parks & Recreation Jasinek 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 Scott, seconded by Councilman Hobel and unanimously carried that the minutes of the meeting of February 16, 1971, be approved~ copies having been sent to each Councilman. ~R~DUCTION OF GUEST Mayor Hamilton introduced Dr. Milton COMMISSIONER Grossman, Vice Chairman of the Board of Ethics, as the Guest Commissioner for this meeting. REPORT BY C. R. CAMPBELL, Mr. C. R. Campbell, gave his monthly PORT COMMISSIONER report to the Council in which he discussed the work on the foot of J Street; ~he Sweetwater River Flood Control Project; and the pending Tidelan4s 17 Survey litigation. REPORT ON SWEETWATER VALLEY Mr. Harold Howell, Chairman of the ANNEXATION Sweetwater Valley Anne×erich Committee, gave a status report on the Sweetwater Valley Annexation. He made the follow- ing requests: 1. Reactivate the committee of Valley residents appointed one year ago to study prezonlng with the Planning Department; 2. That the Planning Department start to work actively with the Chairman of their Animal Regulations Committee~ 3. Appoint a committee of City repre- sentatives who will work with their Chairman of the Committee on Represen- tation. PUBLIC HEARING This public hearing has been called APPLICATION FOR TAXICAB CERTI- in response to a request by Frank J. FICATE 0P PUBLIC CONVENIENCE Mineo to secure a certificate of AND NECESSITY public convenience and necessity for the operation of the Bonita Cab Company. The City Attorney has advised that this application should be treated as an application by a person who indicates his intention to operate within a pomtion of the town but will be entitled, pursuant to the certificate, to operate within the entire limits of the City of Chulm Vista. Public hearing opened This being the time and place as advertised, Mayor Hamilton declared the public hearing opened. Mr. Clarence Stewart, Mr. Stewart, Manager of Carnation Cab Carnation Cab Company Company, 152 Ebony Street, Imperial Beach, stated he was speaking neither for nor against the request but wished to bring out the following facts: (1) there are three cab companies currently operating in Chula Vista with a total of 14 certificates~ (2) part of the Chula Vista area is the Bonita Valley area; (3) the Bonita area is sparsely populated and any cab company operating out there would be what they call the "bell trade" --one that would have to take telephone calls and dispatch a cab to points of pick-upi (4) it would be economically infeasible to operate a cab within those limits of the Bonita Valley; they would almost have to come into Chula Vista. City Attorney comments City Attorney Lindberg stated he received a call from the applicant's attorney today in which he stated he would not be present at this meeting~ and requests a continuance if there shouI~ be any opposition, or should if the Council desired more information. Mr. Carl Moore, Mr. Moore, President of the Diamond Diamond Cab Company Cab Company, stated he was totally against the request since it leaves the door open for other areas to be serviced, such as Castle Park, Harbbrside, etc. If the Council grants this license to work in Bonita, there is no way of stopping him from working in the City of Chula Vista. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Discussion of single eab The Council discussed the grunting operation of a certificate for a single-cab company and whether this would start a precedent for other single cabs to come in. City Manager comments Mr. Thomson commented on a meeting held with the representatives of the three cab companies relative to the number of cabs that should operate in the City as compared to the number of cabs operating in other cities. Motion to approve request It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that approval be granted for the application for a ta×ieab certificate of public conven- ience and necessity for the Bonita Cab Company. Councilman Egdahl explained that his motion was intended to convey the fact that the license is granted for the whole City and not just for a special area. -2- RESOLUTION City Clerk Fulasz stated that she APPROVING AGREEMENT WITH received a phone call from the SWEETWATER VALLEY LITTLE Director of the Little League in LEAGUE which he requested another continuance of this matter. Their attorney is currently reviewing the agreement, and they would like a time indefinite as to placing it back on the agenda. Motion for continuance It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that this matter be held over. RESOLUTION NO. 5951 Three proposals have been received APPROVING AGREEMENTS (3) FOR for the right to perform Police EMERGENCY TOWING SERVICES emergency vehicle towing services IN CITY OF CHULA VISTA in the City: Arnold's Garage, Charles P. Motes and Paxton's Garage. City Manager comments Mr. Thomson con~ented that the agreements are based on a two-year term~ however~ Paxton's Garage has requested a three-year agreement. 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. 5952 In conjunction with the development APPROVING SUBORDINATION of Zenith Subdivision, the City AGREEMENT FROM SAN DIEGO accepted two grant deeds of easement GAS AND ELECTRIC COMPANY for the extension of Oleander Avenue and Raven Avenue across the San Diego Gas and Electric Company's 250' wide South Bay to Los Coche~ transmission line right of way. San Diego Gas and Electric Company has now given the City a written consent for the eon- ~truetion of the public improvements. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimou~ eonsent~ passed and adopted by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 5953 This resolution relates to the previous DEDICATING AND NAMING resolution (5952) submitted for Council PREVIOUSLY ACCEPTED REAL action dedicating the easements fop PROPERTY p~blic use and naming them OLEANDER AVENUE AND RAVEN AVENUE. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the followiDg vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None -3- RESOLUTION NO. 5954 Grant deeds have been received for ACCEPTING ONE FOOT CONTROL Lots A, B, C, D, E, AND F in this LOTS IN SOUTHWESTERN COLLEGE subdivision, Unit No. 5. These one- ESTATES SUBDIVISION, UNIT 5 foot control lots are required to provide for the future extension of the street and to control development of adjacent property. 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. $95S The recent recordation of Unit No. 5 DEDICATING AND NAMING ONE- obviates the need for one-foot FOOT CONTROL LOT - SOUTHWESTERN control Lot E in Unit No. 1. It is COLLEGE ESTATES SUBDIVISION, requested that the Council dedicate UNIT NO. 1 and name Lot E as ITHACA STREET. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con~ent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION N0.5956 The recent recordation of Unit No. 5 DEDICATING AND NAMING ONE-FOOT obviates the need for one-foot control CONTROL LOT - SOUTHWESTERN Lot A in Unit No. 4. It is requested COLLEGE ESTATES SUBDIVISION, that the City Council dedicate and UNIT NO. ~ name Lot A as GOTHAM STREET. Resolution offered Offered by Councilman Scott, the reading of the text was waived by u~animous consent~ passed and adopted by the ~ollowing vote,to-wit: AYES: Councilmen Scott, He,el, Hamilton, Hyde~ Egdahl Noes: None Absent; None RESOLUTION NO. 5957 The recent recordation of Unit No. 6 DEDICATING AND NAMING ONE-FOOT obviates the need for one-foot control CONTROL LOT - HOLIDAY ESTATES Lot B in Unit No. $. It is requested SUBDIVISION, UNIT NO. 5 that the City Council dedicate and name Lot B a~ CONNOLEY AVENUE. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous eon~ent, passed and adopted by the following vote to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 5958 The recent recordation of Windsor DEDICATING AND NAMING ONE-FOOT Heights Subdivision abviate~ the need CONTROL LOT - WINDSOR PARK for one-foot control Lot A in Windsor SUBDIVISION Park. It is requested that the City Council dedicate and name Lot A as SHEFFIELD COURT. Resolution offered Offered by 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. 5959 Between the Windsor Heights develop- ACCEPTING GRANT OF EASEMENT ment and the freeway right of way is FROM WINDSOR PARK ENTERPRISES a portion of land not yet acquired by FOR CONSTRUCTION AND MAIN- the §tate Division of Highways. This TENANCE OF A SEWER MAIN land is owned by Windsor Park Enter- prises and a grant deed has been obtained from them for' the construc- tion of this portion of the sewer, required for their Planned Unit Development. 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. 5960 Between the Windsor Heights develop- ACCEPTING GRANT OF EASEMENT ment and the freeway right of way is FROM WINDSOR PARK ENTERPRISES a portion of land not yet acquired FOR CONSTRUCTION AND MAIN- by the State Division of Highways TENANCE OF A STORM DRAIN This land is owned by Windsor Park Enterprises and a grant deed has been obtained from them for the construc- tion of this portion of the storm drain, required for their Planned Unit Development. Resolution offered Offered by Councilman Scott, the reading ~ 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. 5961 The City Planning Commission APPROVING DEFERRAL OF PUBLIC recommends approval of a deferral of IMPROVEMENTS AT 2~8 WEST BAY public improvements for California Auto BOULEVARD Wreckers in conjunction with their construction of a new building at 2~8 West Bay Boulevard. Bay Boulevard is now being relocated by the State Division of Highways due to the widening of Interstate 5 Freeway. 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, Nyde, Egdahl Noes: None Absent: None -6- RESOLUTIONS (3): On January 26, 1971, the City Council ACCEPTING, DEDICATING AND approved an agreement with Starlight NAMING CERTAIN REAL PROPERTY Center for the acquisition of the IN CITY FOR STREET PURPOSES remaining portion of Lot F of Mylo FROM SAN DIEGO COUNTY ASSOCI- Ocean View Estates Subdivision, Unit ATION FOR THE RETARDED No. 1~ and the construction of public improvements on East Oneida Street, NAMING AND DEDICATING PREVIOUSLY along the Starlight Center's property ACCEPTED REAL PROPERTY FROM frontage. On February 2, 1971~ the MYLO CONSTRUCTION COMPANY City Council accepted a grant deed from Mylo Construction Company for ACCEPTING, DEDICATING AND the remaining portion of Lot F. NAMING ONE-FOOT LOT ON The Division of Engineering is now EAST ONEIDA STREET preparing improvement plans for the construction of the street. Expenditure questioned Councilman Hobel asked for a breakdown of the $10,347.91 authorized for this purpose from Gas Tax Contin- gency 2107 Funds, especially that amount for the acquisition of the property. He asked if the staff investigated this amount. Director of Public Works Mr. Cole explained that this amount was based on the original purchase price, plus the added interest and the amount of improvements that have been run through this property. Resolutions offered Offered by Councilman Hyde. Continuance requested Councilman Scott suggested that this matter be brought back next week, and the staff gather up this infor- mation on this land purchase price and report back to Council. Offers withdrawn Councilman Hyde withdrew his offers for the resolutions. Motion for continuance It was moved by Councilman Seott~ seconded by Councilman Hyde and unanimously carried that these items be continued for one week in order for the staff to obtain this infor- mation. RESOLUTIOH NO. 5962 This pesolution provides for the City ACCEPTING BIDS AND AWARDING Council to authorize the expenditure CONTRACT FOR THE CONSTRUCTION of $10,000 for this project - OF TIMBER UTILITY BRIDGES $6,000 from Project No. 12~ PR-5-TO, AT THE MUNICIPAL GOLF COURSE and $4,000 from the unappropriated AND APPROPRIATING ADDITIONAL surplus of the General Fund. It FUNDS also provides for the bid to be awarded to George Taylor Construction Company {Alternate 2). 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: None ORDINANCE NO. 1324 It was moved by Councilman Egdahl PERTAINING TO PROHIBITION OF that this ordinance be placed on its UNNECESSARY OR UNREASONABLE second reading and that reading of the LIGHTIN SECOND READING te×t be waived by unanimous consent. AND ADOPTION The ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton Hyde Noes~ None Absent: None ~ REP6RY ON DATE FOR COUNCIL City Manager Thomson requested a CONFERENCE RELATIVE TO AUDIT Conference date of March 1, 1971, OF CHULA VISTA SANITARY SERVICE at 3 p.m. to discuss further the contract extension requested by this firm with emphasis placed on the financial practices and capitalization procedures utilized by this vendor. Arrangements have been made for L. J. Barnes, C.P.A. for Chula Vista Sanitary Service, Mr. Wayne Carroll, C.P.A. for the City of Chula Vista, and Mr. Gordon Grant, Director of Finance, to be present at this Conference. Motion for Conference It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that a Council Conference be held on this matter on March 1, 1971, at 3 p.m. REPORT ON REQUEST FOR LICENSE City Attorney Lindberg reported that TO CONDUCT PALMISTRY ENTER- he talked to the City Attorney of E1 TAINMENT IN CITY Cajon regarding the validity of this City's existing ordinance. The Superior Court granted a writ of mandate requiring the City of E1 Cajon to grant a license for this business. Since our ordinance is rather vague on this subject, City Attorney Lindberg requested a one week continuance in order to bring back an amendment that would prohibit the practice of fortune telling by any of the various methods that are presently in use. In the meantime, the request for the license is to be withheld. Motion for amendment to be It was moved by Councilman Scott, brought back seconded by Councilman Hobel, and unanimously carried that the City A{torney bring back an amendment to the Ordinance at the next meeting. REPORT ON STATE PARTICIPATION Mr. Lane Cole stated that he contacted IN UNDERGROUNDING OF the State Division of Highways UTILITIES - DIRECTOR OF relative to this question. They PUBLIC WORKS informed him that the State will replace the same improvements: i.e., if there were underground improvements existing in a street that had to be moved, they would be replaced and they would carry the cost of doing ~his. However, if there were over- head utilities, then the State would not participate in the undergrounding of these utilities in the new street location. Suggestion that Legislators Mayor Hamilton suggested that perhaps be notified this information could be made avail- able to the Legislators so that they, perhaps, could give direction to the Division of Highways concerning this issue. -7- Distribution lines Councilman Scott discussed the lines crossing the freeways (distribution lines) and said he would like to know if these are going to be undergrounded. Motion to refer matter to Councilman Scott moved, seconded by staff Councilman Hyde, and unanimously carried that the staff look into what is happening with the undergroudning of the distribution lines with our freeways. Motion to refer matter to Councilman Hobel moved, seconded by Legislators Councilman Hyde, and unanimously carried that letters be drafted to our Legislators relative to this matter. Mayor Hamilton explained that the Legislators be contacted, and if a highway, such as I-5 or 805 goes through, and if there are parallel or perpendicular lines crossing or going along these freeways, then the State take the responsibility of undergrounding these. REPORT ON POSSIBLE Mr. William Jasinek submitted a plat ACQUISITIOM OF PARK SITE - of an area noting the proposed DIRECTOR OF PARKS AND acquisition of property by the School RECREATION District for a school site east of Halecrest. It was recommended that the City acquire the property immediately adjacent to the school site for park purposes. The Chula Vista City School District has now indicated they are no longer interested in acquiring this site. It is, therefore, recommended that the City not attempt to purchase a park site in that area. Mo~ion to file project It was moved by Councilman Scott, seconded by Councilman Hobel, and unanimously carried that this project be filed. COUNCIL CONFERENCE REQUESTED: City Attorney Lindberg requested a SAN DIEGO GAS AND ELECTRIC Council Conference on March 8, 1971, COMPANY FRANCHISE to discuss the pending proposal and application of the San Diego Gas and Electric Company for renewal of franchise. A public hearing on this will be scheduled in the latter part of March or the first of April. Motion for Conference It was moved by Councilman Scott, seconded by Councilman H~de, and unanimously oarried that a Council Conference be held on March 8, 1971, at 3p.m. to review the application Of San Diego Gas and Electric Company TRANSPORTATION ISSUE Mayor Hamilton referred to the corres- pondence received from the Chief Administrative Offieem of San Diego relative to Transportation decision~ he recommended a "five-man committee be appolnted...to evaluate the form of transportation organization..." Mayor Robert Holland from La Mesa was appointed by this District's Supervisor to serve on fhis Committee. --8-- SERVICE STATIONS Mayor Hamilton commented on the ordinances which limits the number of service stations in a City. He asked that the City Attorney acquire these ordinances and bring them to the Council so they can study them. Also, to recommend what can be done when a service station abandons a site; what type of action a City can take to prevent this type of situation. City Attorney comments Attorney Lindberg commented that at the Planning Commission meeting held last evening (February 22), they adopted a resolution recommending to the Council an amendment to the Zoning Ordinance to remove service stations as a permitted use in any zone and to make these service stations unclassified uses to be allowed only by conditional use permit. TOWN-COUNCIL CONCEPT Mayor Hamilton requested a Conference date in March to discuss the Town- Council concept. Motion for Council Conference It was moved by Mayor Hamilton, seconded by Councilman Scott and ~nanimously carried that a Council Conference be held to discuss this matter on March 8, 1971 at 3 p.m. Councilman Hyde requested that the requests made by Mr. Howard Howell be ~made part of this agenda. LEASE FOR OPERATION OF Councilman Scott dis c~sed the recent RESTAURANT/BAR FACILITY approval of a lessee for the operation ~HULA VISTA MUNICIPAL GOLF of this facility, commenting that COURSE in reviewing the proposed contract, he now feels that the Council should reconsider its approach. He felt there ~ho~ld have been a better approach~made in advertising this bid. Motion to reconsider It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously carried that the Council reconsider the action taken yesterday (meeting of February 22, 1971) at a subsequent meting. Staff to report Councilman Hyde asked that the staff bring back a revised procedure for pursuing this particular venture~ complete review of the procedure which ~as followed and any suggestion as to other ways of going about this. Councilman Scott added that he would like a staff study, after looking at methods used by the Port District, the City or San Diego, and this City, present lease, to report whether %hey could get better response with a concrete lease rather than an open-end lease. -9- Chamber of Commerce contacted In answer to Councilman Hyde's inquiry, Director of Parks and Recreation Jasinek stated that the Purchasing Agent contacted the Chamber of Commerce and the Visitors and Convention Bureau.reLative to this matter. COMPREHENSIVE PLANNING Councilman Hobel reported on the ORGAN~ZATION MEETING Comprehensive Planning Organization meeting attended on February 22, 1971. The question of the voting formulas was considered and will again ~itt be discussed at the meeting of March 16, 1971. SITE ON THIRD AVENUE AND Councilman Hobel referred to the MADRONA STREET abandoned service station site next to Memorial Park on Third Avenue, presently occupied by Dean's Photo Service. He stated this was an eyesore ~nd requested that something be done about it. City Attorney to handle City Attorney Lindberg stated his situation office will investigate this matter.. REQUEST FOR MONTHLY REPORTS Councilman Hyde suggested that the FROM CITY MANAGER City Manager make a monthly report to the Council at a Council Conference, on such matters that do not generally make a Council agenda, such as personnel problems, staff matters, projections that are in the mill, such as the status of the library and development of the Civic Center complex. Councilman Scott cautioned that the Council may be getting into the administrative affairs of the City. This would not be the function of the Council. Mayor Hamilton commented that what might be requested by the Council are matters the City ~Manager may wish Council to be aware of - things that do not necessarily need to be reported. One time, during the month, at a Council Conference, this information be made available but not fhr disucssion purposes. If any Councilman wishes to disnuss this further with the City Manager, he may do so after the meeting. Motion for monthly report Councilman Hyde moved that the Chief from City Manager Administrative Officer, on a monthly basis, report to the Council on matters which he deems to be of interest to the Council which are simply for the purpose of advising the Council the status of pro~eets and progmams, that the staff ms either considering om working on. The motion died for lack of second. -10- Mayor request report Mayor Hamilton asked Mr. Thomson to make a report to the Council, during the month of March, along the lines suggested by Councilman Hyde. City Manager Thomson stated he would be happy to do this. PARKING PLACE COMMISSION It was moved by Councilman Hyde, seconded by Councilman Hobel that the Council adjourn to Executive Session after Oral Communications, for personnel reasons, primarily for appointing a member to the Parking Place Co~mission. The Motion passed by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: Councilman Scott Absent: None DEMOLAY WEEK Mr. Robert Browning, 605 Melrose Avenue, Chapter Advisor for Chula Vista Branch of DeMolay, requested that the week of March 14 - 21 be named International DeMolay Week, and read a proclamation supporting this request. Mayor Hamilton requested that this information be given to the City Clerk and his office would issue the proclamation. EXECUTIVE SESSION The Council adjourned to Executive Session at 8:57 p.m. and the meeting reconvened at 9:21 p.m. APPOINTMENT TO PARKING PLACE It was moved by Councilman Hyde, seconded by Councilman Hobel, and unanimously carried that Mr. Stan McMa~ns be appointed to the Parking Place Commission. ADJOURNMENT Mayor Hamilton deck,red the meeting adjourned at 9:23 p.m. to the meeting scheduled for March 1, 1971, at 3 p.m. -11-