HomeMy WebLinkAboutcc min 1971/02/16 MINUTES OF A REGULAR MEETIN~
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday February 16, 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 Thomson, City Attorney Lindberg, Fire Chief
Smithey, Director of Parks and Recreation Jasinek, Assistant
Director of Public Works Robens, Purchasing Agent Stanley
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 Hyde, seconded
by Councilman Egdahl and unanimously carried
that the minutes of the meetings of February
3, 5, 8 and 9, 1971, be approved, copies
having been sent to each Councilman.
INTRODUCTION OF GUEST Mayor Hamilton introduced Mr. Tom Hunting-
CO~4ISSIONER ton, Chairman of the Parking Place Commis-
sion, as Guest Commissioner for this meeting.
INTRODUCTION OF BOM~ERO~ Fire Chief Smithey introduced the men who
are currently taking a one-week training
course in the United States, of which these
nine men have been assigned to Chula Vista
Fire Department. Mayor Hamilton presented
each of the men with a Certificate of Recog-
nition. The training course is sponsored
by the San Diego County Fire Chiefs' Asso-
ciation.
RESOLUTION NO. 5943 - ACCEPTING Lot No. 57 of this subdivision is now being
LOT 57 F0R PARK PURPOSES IN offered for dedication to the City for park
KINGSWOOD SUBDIVISION purposes. The subdivider has improved this
lot with landscaping and a sprinkler system
and has provided a bond in an amount suf-
ficient to guarantee the installation and
one-year maintenance of this open space.
Thc Director of Public Works recommends
that this lot be accepted for park purposes.
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: Myde
Noes: None
Absent: None
RESOLUTION NO. 5944 - ACCEPTING The contract work for the underground tree
PUBLIC IMPROVEMENTS AT CHULA VISTA lighting system at the Municipal Golf Course
MUNICIPAL GOLF COURSE (UNDERGROUND has been completed in accordance with the
TREE LIGHTING SYSTEM) contract agreement dated September 8, 1970.
The Director of Public Works recommends
acceptance of these improvements.
Resolution offered Offered by Councilman Hobel, the reading
of the text was waived by unanimous con-
sent, passed and adopted by the following
vote, to-wit:
AYES: Councilmen Hobel, Hamilton,
Hyde, Egdahl, Scott
Noes: None
Absent: None
RESOLUTION WAIVING BIDDING Assistant Director of Public Works Robens
REQUIREMENTS FOR PURCHASE OF explained that the City has 50 signalized
SIGNAL CONTROLLERS intersections. Ail of these are equipped
with either Automatic signals or Econolite
controllers, and consequently, over the
years, the City has built up a stock of
spare parts to handle the emergencies.
Therefore, if a new product from a neophyte
manufacturer was successful in bidding for
these controllers, it would mean a sub-
stantial increase in cost to the City to
provide the back-up components, etc. It
is, therefore, reco~nended that the staff
receive two bids for the purchase of signal
controllers: one from Automatic Signal and
one from Econolite.
Council discussion The Councilmen discussed the issues involved
concurring that other manufacturers should
be given the opportunity to bid on the sig-
nal controllers; that it would be wise to
get as many competitive bids as possible.
The Council, after receiving the bids, can
look into the company's background. Coun-
cilman Scott commented on the different and
unique concepts in signal lighting, and by
getting a new company to bid, the City would
also get the new up-to-date concepts being
offered.
Purchasing Agent comments Purchasing Agent Carl Stanley discussed the
merits of herin8 the bids received by just
the two companies involved.
Motion to file resolution It was moved by Councilman Hyde, seconded
by Councilman Egdahl, and unanimously ear-
fled that the resolution be filed.
RESOLUTION NO. 5945 - APPROVING This resolution pertains to the park devel-
AGREEMENT FOR THE IMPROVEMENT OF opment between the School District and the
EAST NAPLES STREET EAST OF OLEANDER City for the Gregg Rogers Park. The agree-
AVENUE TO Ti{E EAST CITY LIMITS - ment calls for the improvement of East
CHULA VISTA CITY SCHOOL DISTRICT Naples Street; the Chula Vista City School
District has executed this agreement.
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
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RESOLUTION NO. 5946 - APPROVING The Park Hill United Methodist Church was
AGREEMENT FORT HE IMPROVEMENT OF granted a deferral of the installation of
EAST NAPLES STREET - PARR HILL their public improvements for the frontage
UNITED METHODIST CHURCH on East Naples Street. They now wish to
construct these public improvements; the
City is to be responsible for the prepara-
tion of plans and specifications and the
administration of the project. The agree-
ment has been executed by the Church repre-
sentatives.
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. 5947 - APPROPRI- The Registrar of Voters has sent the invoice
ATING FUNDS TO COVER COST OF relative to the charges for the consolida-
CONSOLIDATION OF CHARTER PROPOSI- tion of the seven Charter propositions which
TIONS ON GENERAL ELECTION BALLOT were on the General Election ballot, Novem-
ber 3, 1970. The amount is $2,909, which
will come out of the General Fund unappro-
priated surplus.
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. 5948 - ACCEPTING The Purchasing Agent recommends that the
BID AND AWARDING CONTRACT FOR award be given to the iow bidder, Contractor
IRRIGATION EQUIPMENT AND MATERIALS Supply, Specifications have been met and
AT MUNICIPAL GOLF COURSE all items bid. The funds required are
$18,914.71, including tax.
Resolution offered 0£fcred by Councilman S¢o~t, 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. 5949 - AUTHORIZING In order to install the irrigation system
EXPENDITURE OF FUNDS FOR MISCEL- on Holes 6 through 11 at the Chula Vista
LANEOUS MATERIAL FOR IRRIGATION Municipal Golf Course, it becomes necessary
SYSTEM - MUNICIPAL GOLF COURSE to provide funds for other commodities used
by City forces to complete this project. It
is requested that the amount of $550 be
authorized for this expenditure.
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
Noe~: None
Absent: None
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RESOLUTION APPROVING AGREEMENT WITH The City Clerk stated that she received a
SWEETWATER VALLEY LITTLE LEAGUE call from the President of the Little League
requesting a one-week continuance of this
item.
Motion to continue It was moved by Councilman Egdahl, seconded
by Councilman Hobel, and unanimously carried
that this matter be continued for one week.
RESOLUTION NO. 5950 - APPROVING This resolution formally acknowledges and
ACTION OF SAN DIEGO CITY COUNCIL IN co~nends the action by the San Diego City
ESTABLISHING "SPHERES OF INFLUENCE" Council in passing a resolution establish-
FOR RESERVE CAPACITY RIGHTS IN ing a policy supporting the "spheres of
METRO SEWER SYSTEM AND COMMENDING influence" concept as proposed by this City
SAID BODY FOR SAID ACTION regarding sewage capacity rights.
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
P~ECOI~MENDATION OF SAFETY COMMIS- In answer to City Council's directive, the
SION REGARDING TAFFIC CONTROL AT Safety Commission investigated the possibil-
INTERSECTION OF EAST "J" STREET ity of a four-way stop at the intersection
AND FLOYD AVENUE of East "J" Street and Floyd Avenue.
Traffic Engineer's report The Traffic Engineer reports that, accord-
ing to a survey, the two-way stop is suf-
ficient for the existing conditions at this
intersection and a four-way regulation is
not warranted at this time.
Recommend acceptance of report The Safety Commission recommends acceptance
of this report.
Explanation of study Assistant Director of Public Works Robens
explained the study that department conducts
relative to three and four-way stops.
Council accepts recommendation It was moved by Councilman Egdahl, seconded
by Councilman Scott and unanimously carried
that the recommendation of the Safety Com-
mission be accepted~
RECOMMENDATION OF SAFETY COMMIS- In response to City Council directive, the
SION REGARDING MANDATORY AUTOMOBILE Safety Conm~ission reports that they have
SAFETY FIA/LE LEGISLATION investigated the matter of a resolution of
San Leandro urging State Legislature to
enact mandatory automobile safety flare
legislation. The Safety Cormmission recom-
mends opposition to this proposed legislation
for these reasons: (a) Dangers of open
flares in case of accidents, and
(b) Enforcement problem.
Council accepts recommendation It was moved by Gouncilman Egdahl, seconded
by Councilman Scott and unanimously carried
that the recommendation of the Safety Com-
mission be accepted,
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ORDINANCE NO. 1324 - PROHIBITION It is the purpose and intent of this ordin-
OF UNNECESSARY OR UNREASONABLE ance to provide reasonable restrictions and
LIGHTING - FIRST READING limitations upon the use of lighting in or
near the residential zones of the City so
as to prevent lighting from creating a nuis-
ance to residents within said residential
zones.
Appeal procedure questioned Councilman Hobel questioned the paragraph
in the ordinance relative to the appeal
procedure which states that the Planning
Commission considers the appeals and "the
determination of said commission shall be
final". Councilman Hobel felt that this
should also be referred to Council.
City Attorney's opinion City Attorney Lindberg explained the appeal
procedures now inaugurated by the City. He
commented that if any serious disputes arose
concerning an appeal, the Council would be
informed~ and at that point~ can review the
matter on its own motion.
Ordinance put on first reading 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
REPORT ON REQUEST OF CHUIA VISTA City Manager John Thomson reported that he
SANITARY SERVICE REQUEST FOR has investigated the request made by the
EXTENSION OF CONTRACT Chula Vista Sanitary Service for an exten-
sion of their contract for a ten-year period;
the contract is due to expire on June 30,
1972. The reason for the ten-year request
is to enable this firm to secure low-cost
financing in order to acquire new automotive
equipment.
Recommendation for conference The City Manager recommends approval of a
with auditors present ten-year contract extension; however, if
the Council de~ires more information on this
matter~ a conference can be held and the
Director of Finance will have thc City's
auditor present to be an additional source
relative to this request. Mr. Chase of the
Chula Vista Sanitary Service indicate4 that
he would lika to have his CPA in attendance
at this conference, also.
0ouncil discussion Council discussed thc long-range extension
requested - 10 years. Councilman Scott felt
this warranted an independent look by an
outside auditor, not necessarily the City's,
as to the practieeg~ capitalization and pro-
cedures of this company.
Motion offered for audit It was moved by Councilman Scott, seconded
by Councilman Hobel~ and unanimously carried
that an independent audit be made by an out-
side CPA.
Dick Chaser co-owner and General Mr. Dick Chase explained the need for the
Manager~ Chula Vista Sanitary ten-year extension requested~ indicating
Service that during the ten-year period~ they will
have used three complete sets of equipment.
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Minutes February 16, 1971
He requested that his CPA be allowed to be
present at the conference.
City Manager will report back City Manager Thomson stated he would check
with the Director of Finance relative to
outside auditors and will report back at
the next Council meeting for a date certain
as to a Council conference.
Motion for report It was moved by Councilman Scott, seconded
by Councilman Hobet, and unanimously carried
that the previous motion include the fact
that the City Manager report back at the
next meeting as to a possible date for the
Council conference.
REPORT ON REQUEST OF COMMUNITY City Attorney Don Lindberg explained the
HOSPITAL FOR RESOLUTION TO SECURE request, as presented by Stone & Youngberg's
TAX-EXEMPT STATUS SUPPORT attorney at the last meeting - a request for
the adoption of a resolution by this Council
which would give tax-exempt status to interest
paid on bonds which would be issued by the
Community Hospital for the development of
their new hospital facility.
Referred to similar resolutions Mr. Lindberg referred to the resolutions
adopted by other cities adopted by South Lake Tahoe and Glendora
in a similar request. He stated he talked
to representatives of O'Melveny &Myers,
who will be hired by Stone & Youngberg in
this matter. With some modification, IRS
will accept the resolution but would require
that this City Council ratify the present
membership of the Board of Directors of the
Cormmunity Hospital and that the other members
of the Board that may be selected at some
future date must also be ratified by the
Council.
Council discussed ratification The Council discussed this matter. Mr.
of Board of Directors Lindberg explained that the Board would
present the Council with the persons serv-
ing without pay on their Board~ and ask the
Council to ratify their selection, by reso-
lution.
Resolution being prepared Itt. Liadbcrg added that he is preparing a
resolution which will be sent to O'Metveny
&Myers so that they can give their opinion
as to its ability to achieve the tax-exempt
status. This resolution will appear before
the Council at the next meeting for consid-
eration.
Suggestion for conference Councilman Scott suggested a Council confer-
cnce be held on this matter~ to get all of
these questlon5 answered - the control the
Council would have in ratifying the names
of the Board of Directors. He added that
what the hospital would be getting in
change for the low interest rate is control
by the City Council.
Motion to accept report It was moved by Councilman Hyde, seconded
by Councilman Scott, and unanimously carried
that the report of the City Attorney be
accepted°
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REPORT ON REQUEST FOR LICENSE TO City Attorney Lindberg requested a one-
CONDUCT PALMISTRY ENTERTAINMENT week continuance on this matter, since he
IN CITY was not able to contact the City Attorney
in E1 Cajon relative to their situation
regarding this matter.
Motion to continue for one week It was moved by Councilman Scott, seconded
by Councilman Hyde, and unanimously carried
that this matter be continued for one week.
REPORT ON BIDS FOR TIMBER UTILITY Assistant Director of Public Works Robens
BRIDGES AT THE MUNICIPAL GOLF referred to the report submitted to the
COURSE Council in which they recommend authoriza-
tion for a resolution to be prepared award-
ing the bid for these bridges to George
Taylor Construction Company, the low bidder.
Mr. Robens requested that '~lternate 2" be
accepted which would be for the construction
of three bridges requiring an expenditure
of additional funds.
Motion for authorization to It was moved by Councilman Scott, seconded
award bid by Councilman Hyde, and unanimously carried
that a resolution be prepared awarding the
bid for '~lternate 2" to George Taylor Con-
struction Company in the amount of $9,724.60,
and authorization be given for the expendi-
ture of $10,000 - $6,000 from Project #12,
PR-5-70 of the Capital Improvement Program
and $4,000 from the unappropriated surplus
of the general fund.
REPORT ON CLOSING OF EAST Assistant Director of Public Works Robens
RIENSTRA STREET referred to the plat submitted to the
Council showing the sewer and water mains
on East Rienstra and the water service to
each individual lot. There are 20 lots and
each service requires an excavation of a
trench three to four feet deep. It was
impossible to do this work without closing
the street. The Gity Engineer gave the
developer one month (until February 22) to
complete this project.
Motion relative to closing streets It was moved by Councilman Hyde, seconded
by Councilman Scott, and unanimously car-
ried that, in the future~ for any major
construction, the Council be notified within
a reasonable time in advance of a request
for the closing of a street, so that they
can investigate it further, if necessary.
RESERVATIONS FOR CONFERENCE TO Mayor Hamilton asked for reservations from
BE HELD IN WASHINGTON, D.C. the Council for attendance at the National
League of Cities Congressional-City Confer-
ence to be held in Washington, D. C. on
March 21-23, 1971.
Councilmen Scott and Egdahl stated they
plan to attend.
Councilman Hyde indicated his intention to
attend the Conference to be held in Sacra-
mento in May.
MOTION FOR EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded
by Councilmn Hyde, and unanimously carried
that the Council adjourn to Executive Session,
for personnel reasons~ after Oral Communica-
tions.
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COMPLAINT ON CONDITION OF Councilman Scott co~muented that he has
HOLE #4 AT GOLF COURSE received a complaint as to the consistent
muddy condition prevailing on Hole #4 at
the Chula Vista Municipal Golf Course.
Director of Parks and Recreation Mr. William Jasinek, Director of Parks and
explains Recreation, explained that there has been
a recent blow-up of the transite line in
this area. Because of the elevation of the
water cable, it was difficult to repair this;
however, it has now been repaired.
UNDERGROUNDING OF UTILITIES Councilman Hobel discussed the situation
ALONG FREEWAY whereby a freeway comes in, such as I-5 and
Bay Boulevard, where a parallel road is
being constructed to I-5, and asked if the
State worked in any way with the various
agencies involved in undergrounding the
utilities at the same time a road is being
widened.
Report will be submitted Mr. Roberts, Assistant Director of Public
Works, stated he will investigate this
matter and report back to Council°
SOUND ORDINANCE Councilman Hyde reported that the League of
Cities has established a coranittee for the
creation of a model sound control ordinance.
The City of Beverly Hills has adopted such
an ordinance which appears to be a rather
good one. He would recommend that the Plan-
ning Department obtain a copy of this ordin-
ance from Beverly Hills, to examine it and
determine whether or not it would be good
for this City.
UNDERGROUND UTILITIES Mr. Jerry Carnahan, representing the San
Diego Gas and Electric Company, Underground
Utilities Conversion Co-ordinator, submitted
a report to the Council in reference to the
possibility of conversion work being done
by their Rule 31-B, with the City advancing
the cost of the work, and the money being
repaid from the Company's allocation at a
later date.
Mr. Carnahan indicated that this proposal
can be made. He reviewed the arrangement
that would b~ made pursuant to the project,
commenting that he will submit more infor-
mation to the Council in a letter.
EXECUTIVE SESSION The Council adjourned to Executive Session
at 8:40 P.M., and reconvened at 9:00 P.M.
APPOINTMENT OF ASSISTANT MAIqAGER It was moved by Councilman Scott, seconded
by Councilman Hobet, and unanimously carried
that Robert Bourcier be ratified to the posi-
tion of Assistant City Manager, contingent
upon the fact that the Charter changes have
to be passed by the California Legislature.
ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:03
P.M., to the adjourned regular meeting to be
held Monday, February 22, 1971, at 3 PoM.