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HomeMy WebLinkAboutcc min 1971/02/09 MINUTES OF A REGULAR MEETI2qG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday February 9, 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, Director of Public Works Cole, Director of Planning Warren, Director of Parks and 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 Egdahl, seconded by Councilman Hyde and unani- mously carried that the minutes of the meetings of February 1 and 2, 1971, be approved, copies having been sent to each Councilmen. Councilman Egdahl noted the misspelling of the name of Jerry Simac. INTRODUCTION OF GUEST COMMISSIONER Mayor Hamilton introduced Mr. Jack Unger, Chairman of the International Friendship Con~nission, as Guest Cormnis- sioner for this meeting. Mr. Unger read a letter he received from the City Manager of General Roca, asking for this City's assistance in helping one of their youths, Oscar Pablo Bajos, who has come here to further his education. Since the letter was addressed to the former Mayor, Mr. Unger requested that this City send General Roca such infor- mation as to our newly appointed offi- cials. The Mayor stated that this would be 8one. INTRODUCTION OF DEPUTY CITY ATTORNEY City Attorney Lindberg introduced the new Deputy City Attorney, C. Samuel Blick. OATH OF OFFICE - CITY MANAGER AND City Clerk Fulasz administered the oath DEPUTY CITY ATTORNEY of office to newly appointed City Manager John Thomson and Deputy City Attorney C. Samuel Blick. RESOLUTION NO. 5936 - SUFFORTING This resolution gives Council support DISASTER SQUAD - EXPLORERS, BOY and endorsement to the efforts of this SCOUTS OF AMERICA group to establish a South Bay Disaster Squad. Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the follow- ing vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton~ Hyde, Egdahl Noes: None Absent: None RESOLUTION APPROVING PROPOSAL OF AZTEC City Attorney Lindberg explained the BUS LINES FOR FREE RIDE PROMOTIONAL three resolutions submitted: (1) a PROGRAM modification of the current contractual arrangement with Aztec Bus Lines; the change would incorporate a proposal as submitted by Aztec Bus Lines for: "Prop- osition B providing for two weeks free transportation with $1,044.82; jointly input loss to be offset from $1,500 ad- vertising fund - $455.18 to be used for promotional advertising". (2) recormnendation of the City Manager that the sum of $807.18 be paid to Aztec as compensation with the balance of the funding to be utilized for promotional advertising as determined by the City Council. (3) no compensation be paid for the two- week period and both the City and bus lines accept the loss of projected reve- nues for that period and that an amount, approved by the Council, be paid to Aztec Bus Lines for promotional p~rposes in accordance with the recon~nendations of the Task Force Com~nittee. Resolution No. 2 offered Offered by Councilman Hyde, the reading of the text was waived by unanimous con- sent, the resolution failed to pass by the following vote~ to-wit: AYES: Councilmen Hyde, Hamilton Noes: Councilmen Egdahl, Scott, Hobel Absent: None RESOLUTION NO. 5937 - AMENDING State legislatures, including California, RESOLUTION NO. 5798 ESTABLISHING have rearranged holiday schedules in HOLIDAYS FOR CITY EMPLOYEES accordance with a Federal statute that permits five official three-day weekends. This resolution provides for official recognition by the City of Chula Vista for the following changes: Washington's Birthday - 3rd Monday in February; Memorial Day - last Monday in May; Columbus Day - second Monday in October; Veterans Day - 4th Monday in October; Labor Day - first Monday in September. Resolution offered Offered by Councilman Egdahl, the read- ing of the text was waived by unanimous consent, passed and adopted by the fol- lowing vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None Referred to staff for study It was moved by Councilman Hyde, seconded by Councilman Egdahl that, in view of the present City floating holidays, the staff be directed to review the City ordinance, since there axe now five additional three- day weekends. There may be a possibility that the previous policy may be in need of modification. -2- The Council discussed this motion with the City Manager. Councilman Scott felt that the time and effort that would have to be put into this report by the staff is not warranted at this time. The motion failed to carry by the follow- ing vote, to-wit: AYES: Councilmen Hyde, Egdaht Noes: Councilmen Scott, Hobel, Hamilton Absent: None RESOLUTION NO. 5938 - APPROVING Apollo Associates has submitted a bond IMPROVEMENT AGREEMENT, APOLLO for Faithful Performance in the amount SUBDIVISION, UNIT NO. 1 of $72,025 as security for the improve- ments in Apollo Subdivision, Unit No. 1; a survey monument installation bond in the amount of $1,600; and fees for the subdivision in the amount of $3,118.89. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous con- sent, passed and adopted by the follow- ing vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 5939 - APPROVING The Division of Engineering has checked FINAL MAP - APOLLO SUBDIVISION, the final map and found it to be in con- UNIT NO. 1 formity with the tentative map. The Plan- ning Commission recommends approval, and it is re¢ormnended that the City Council take action approving the final map and accept the dedication of the following streets: ARIES COURT and EAST RIENSTRA STREET. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous con- sent, passed and adopted by thc follow- ing vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 5940 - DECLARING This resolution indicates City Council CITY'S INTENTION TO CONSTRUCT STREET intent to provide access to the Chula CONNECTIONS TO TIDELANDS AVENUE FROM Vista Bay Front area from State Route 54 STATE FREEWAY 54 and Interstate 5 Interchange, and auth- orizes the staff to take appropriate steps to complete the City share of this road network. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous con- sent, passed and adopted by the follow- ing vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton~ Hyde~ Egdahl Noes: None Absent: None -3- AZTEC BUS LINES - RESOLUTIONS Mayor Hamilton asked for couwnents from the Council relative to the three resolu- tions submitted for Council consideration tonight. He asked if their negative votes were directed only to the second resolu- tion, which was offered. Councilmen Hobel and Scott stated they would have voted "ne" on all three reso- lutions. Councilman Egdahl commented that the Council has a prior decision that must be made concerning this Bus Company, and that this motion was prema- ture. RESOLUTION NO. 5941 - ACCEPTING The original action on the following two GRANT OF EASEMENT FROM SAN DIEGO resolutions was done in response to a AND ARIZONA EASTERN BAILROAD request by the State of California rela- tive to assisting in its activities in highway development. The Council approved Resolution No. 5640 on May 5, 1970; however, the County Recorder now requests that this action be taken again in order to meet their legal sequence requirements. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the follow- ing vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 5942 - ACCEPTING Offered by Councilman Egdahl, the reading GRANT OF EASEMENT FROM SAN DIEGO of the text was waived by unanimous con- AND ARIZONA EASTERN RAILROAD FOR sent, passed and adopted by the follow- DRAINAGE PURPOSES AND RESCINDING ins vote, to-wit: RESOLUTION NO. 5640 AYES: Councilman Egdahl, Scott, Hobel, Hamilton, Hyde Noes~ None Absent: None REQUEST FOR AUTHORIZATION TO CALL This relates to the widening of a portion FOR BIDS FOR WIDENING OF "F" STREET of '~" Street from I-5 to Broadway for FROM I-5 TO ASH AVENUE which the City Council has approved the use of Gas Tax funds. In order to pro- vide for turning movements on Broadway, the widening has been extended east to Ash Avenue. Thc project consists of widening the existing travelway from 40 feet to 64 feet; storm drain facilities are being improved; traffic signal instal- lation at Broadway is being remodeled and upgraded, and it is anticipated that this construction by the City will be completed in August 1971. Authorization to call for bids It was moved by Councilman Scott, seconded by Councilman Hobel and unanimously car- tied that authorization is hereby granted for the advertising for bids for this project. Councilman Hobel recommended that the utility poles be coordinated with the various agencies so that they will be all on one side of the street. -4- Director of Public Works Cole remarked that he has written to the different utility companies affected, and he should have an answer on this before they let the contract. He will report back to the Council on this. RECOMMENDATION OF HUMAN RELATIONS At its meeting of January 13, 1971, the CObliISSION RELATIVE TO POLICE Human Relations Cormnission commended the DEPARTMENT PROGRAM Chula Vista Police Department for the development and implementation of the Citizenship Program, and especially for the excellent drug education program offered to the youth in the community. Councilman Hyde suggested that this com- mendation be referred to the City Manager with the compliments of the City Council and ask that he apprise the Police Depart- ment of this cor~nendation by the Human Relations Cormnission. RECOMMENDATION OF ENVIRONMENTAL The Environmental Control Commission CONTROL COMMISSION PERTAINING TO recommends that the City Council adopt DISPOSABLE, NON-RETUR/qABLE a resolution, similar to that adopted by BEVERAGE CONTAINERS the City of San Marcos, urging the League of California Cities and the County Super- visors' Association of California to seek action by the State Legislature to allevi- ate the problems of litter and waste dis- posal created by the sale of beverages in disposable, non-returnable containers. Environmental Control Cormnission Councilman Scott referred to the dis- minutes crepancy in the minutes of the Environ- mental Control Co~mnission relative to this resolution. He felt more informa- tion was necessary on this item before Council takes action. Referred back to Con~nission Councilman Hobel moved, seconded by Coun- cilman Hyde, and unanimously carried that this matter be referred back to the Envir- onmental Control Gon~nission and that they set up some meetings with the various agencies using these non-returnable con- tainers, talk with them in more depth about this problem. Mayor Hamilton asked for a copy of the League of California's stand on this issue, and that the staff forward another copy of the San Marcos resolution to the Co~ission. RECOMMENDATION ON SELECTION OF Director of Planning Warren reported that CONSULTANT FOR BAY FRONT STUDY the interview board, consisting of members of the Port District and the City of Chula Vista, have conducted interviews with four consulting firms being considered for the preparation of a Joint study of the Chula Vista Bay Front area. Their reconm]enda- tions are as follows: 1o Sadway and Cooke 2. Wilsey and Ham 3. Livingston and Blayney 4. Koebig and Koebig -5- Staff recon~nendation The staff recon~ends that the Council approve negotiations with the hiring of the firm Sedway and Cooke. Motion to accept recommendation It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that the recommendations be accepted. ORDINANCE - PROHIBITION OF City Attorney Lindberg requested a one- UNNECESSARY OR UNREASONABLE LIGHTING week continuance, due to a discussion held with the Director of Planning in which he expressed an interest in more direct participation of the Planning Department in the approval of this ordin- ance. Since the last meeting of the Council, none of the groups that have expressed opposition to the ordinance, made con~nents. Continued for one week It was moved by Councilman Egdahl, seconded by Councilman Hyde, and unani- mously carried that this matter be held over for one week. RECOMMENDATION OF PARKS AND RECREATION Director of Parks and Recreation Jasinek COMMISSION REGARDING REQUEST OF explained the Con~nission's recommendation SWEETWATER VALLEY LITTLE LEAGUE TO that the Sweetwater Valley Little League USE WEST END OF ROHR PARK FOR BALL be permitted to use the west end of Rohr FIELDS Park for two ball fields for a period of five years, unless funding can be obtained within five years to develop this area as proposed by the Parks and Recreation Master Plan; also that no Parks and Rec- reation funds be expended for this purpose. Presentation by A. A. Coulson, Mr. A. A. Coulson submitted a proposal to Sweetwater Valley Little League the Council delineating the work that will be done by this organization: (1) grading; (2) sprinkler system; (3) 2-inch water line; (4) plant grass; (5) fencing; (6) bleachers; (7) underground power lines. Mr. Coulson discussed the proposed snack bar and restroom facilities that will be built, declaring that this organization will spend a total of $15,182 over the next two years on this area. They are requesting use of the area for a period of five years. Discussion on all aspects of the A lengthy diseussion was held as to the proposal availability of sewer, the Master Plan for this particular area~ and the prece- dence that once the little league fields are established in this area, it will be- Master Plan discussed Mr. Jasinek discussed the proposed Master Plan for this area, co~nenting that it can be used for a large picnic area, and a space can be provided for the relocation of the maintenance building of the Golf Course which will have to be moved upon widening of Bonita Road° Use of present field In answer to the Council's inquiry, Mr. Coulson remarked that the Sweetwater Valley Little League still has the use of their present field on Sweetwater Road, adjacent to the Bonita Golf Course for this coming season. -6- Terms of the agreement discussed Mayor Hamilton asked for an interpreta- - City Attorney's opinion tion of the legal ramifications of an agreement with this organization, pend- ing adoption of the Parks and Recreation Master Plan. City Attorney Lindberg stated that any exclusive use of park property for any period of time is always subject to very close scrutiny, because public use of any dedicated park land is paramount. At any time the general public use, as dictated by the adoption of a Master Plan, would demand that this property be released for development in the broader public sense, it would have to take place, regardless of the fact that the City gives a use permit to the Little League or any other use presently allowed in the parks on an exclusive basis. Those uses would have to give way before the over-all pub- lic use and opened to the general public. Voting against the request Councilman Hyde expressed his views in that he will vote against this request as it calls for an allocation of a sub- stantial portion of public park land, purchased by the citizens of Chula Vista, to be used primarily for a semi-use by a private organization; also that it would conflict with the recorm~ended plan of the Parks and Recreation for the ultimate use of this area, and once this use is granted, and this organization spends $15,000 on it, then it will become a permanent use. Motion for five-year approval fails It was moved by Councilman Hobel, seconded by Mayor Hamilton that permission be granted to Sweetwater Valley Little League for the use of this area for a period of five years with stipulations in it that the items which they say they will accom- plish--phasin$ of it-- be so defined, and that they be held to these and that during the five-year period, if they are considered non-performing, the Council would have the option to void the agree- ment with them. The motion failed by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton Noes: Councilmen Hyde, Egdahl, Scott Absent: None Motion for three-year approval It was moved by Councilman Scott, seconded withdrawn by Councilman Hobel that a three-year plan be given with an annual option up to a point of five years at which time it will be terminated, and at the end of three years, the original agreement be brought back to the Council; that they have a building fund and an on-going program to secure other proparty~ and that they are making progress in that direction, Based upon that, the Council will determine whether to renew the agreement for another year. Councilman Egdahl comments Councilman Egdahl questioned whether this proposal would be acceptable to the League representatives. -7- Request for time Mr. Coulson asked for time to discuss this. Motion withdrawn Councilman Scott withdrew his motion and Councilman Hobel withdrew his second. Recess called The Mayor called for a recess at 8:40 P.M. The meeting reconvened at 8:45 P.M. Acceptance Mr. Coulson stated that they will accept the three-year contract, subject to annual review up to five years. Questions concerning funding Councilman Scott asked for a legal opinion as to the funding that this League will have to have at the end of the three-year period for the purchase of other property. City Attorney Lindberg indicated this would have to be worked out in the agree- ment with the Sweetwater Valley Little League° Motion to approve three-year Mayor Hamilton moved, seconded by Coun- contract cilman Hobel that the City Attorney bring back a resolution at the next meeting for a three-year contract for use of the park area, with an option for two one-year renewals based on showing factual evidence that they have started a building fund to purchase land and to develop elsewhere. It is the intent of this motion that this calls for a term- ination of this use at the end of the five-year period. The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton~ Egdahl, Soott~ Hobel Noes: Councilman Hyde Absent: None ORDINANCE NO. 1322 - APPROVING This annexation encompasses 212.19 acres BRANDYWINE'S OTAY VALLEY ANNEXA- of vacant land located north of Otay TION - SECOND READING AND ADOPTION Valley Road and adjacent to the City of Chula Vista eastern boundary line. It was moved by Councilman Scott that this ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following vote~ to-wit; AYES: Gouncilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes~ None Absent: None ORDINANCE NO. 1323 - REZONING 1.62 This ordinance prezones the property at ACRES OF PROPERTY AT TELEGRAPH the southeast corner of Telegraph Canyon CANYON ROAD AND HILLTOP DRIVE - Road and Hilltop Drive from R-l-7 to SECOND READING AND ADOPTION R-1-5-P. It was moved by Councilman Scott that this ordinance be placed on its second reading and that reading of the text be waived by unanimous consent. The ordinance was passed and adopted by the following votes to-wit: -8- AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None REPORT ON DATA SYSTEMS PROGRAM The Council referred to the report sub- mitted by City Manager Thomson relative to the Data Systems Program. The man- power savings, estimated at over 10,000 man-hours per year in potential produc- tivity have been gained in the Police and Library Departments. A study of the computerized payroll system is now under way. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. R~PORT FROM SAFETY COMMISSION Councilman Hobel questioned when the report will be back from the Safety Com- mission regarding the stop sign area on East "J" Street and Hale Drive. Study of stop lights at East "L" Councilman Hobel referred to the Safety and Nacion Commission and the staff, the possibility of stop lights and stop signs at East "L" Street and Naci~n Avenue. Director of Public Works Cole remarked that there are signals planned for those off ramps. He stated he will check this out and report back to Council. COMMENTS ON CRIME IN NEW YORK Councilman Egdahl noted that in the City of New York, with the Police Department on strike, and with a great reduction in the Police staff, the crime in the city decreased. WRITTEN COMMUNICATIONS: City Clerk's Reports Request for license to conduct This is a letter from Richard W. Morris, palmistry entertainment in City attorney for James Marks, requesting that of Chula Vista - James Marks his client be issued a license for palm- istry entertainment in the City of Chula Vista. His client applied for this license on January 26, 1971 but it was denied by the Director of Finance Gordon Grant. Mr. Morris cites the case brought by Mr. Marks against the City of E1 Cajon in a similar action in the Superior Court of San Diego County, and that Court's action couunand- ins the City of E1 Cajon to issue his client a license. City Attorney's ¢omment~ City Attorney Lindberg stated he discussed this with the attorney in E1 Cajon. This particular request is for palmistry enter- tainment, whereby the City's ordinance prohibits spiritual reading and palmistry in the nature of fortune telling prophecy. He stated he would check this and report back to the Council. -9- LEASE FOR MUNICIPAL GOLF COURSE Councilman Hobel referred to the letter received from the City Attorney regarding the lease for the Municipal Golf Course restaurant facilities. Motion to hold conference Councilman Hobel moved, seconded by Councilman Hyde and unanimously carried that this item be set for Council con- ference, and that the Co~nittee that worked on this be advised so that they can be in attendance. Mayor Hamilton requested that a copy of the proposal be submitted to the Council. This item is scheduled for the Council conference to be held February 22, 1971. REQUEST FOR COUNCIL CONFERENCE - The Conmaunity Promotion Committee of the COMMUNITY PROMOTION CC~MITTEE Chamber of Cormnerce is requesting a Council conference to discuss a proposal that 5% of the motel tax be set aside for the next five years for the creation of funds to erect four community identifica- tion signs on the northerly and southerly boundaries of Interstate 5 and 805. Scheduled for Council conference Mayor Hamilton directed that this matter be scheduled for the Council conference to be held February 22, 1971. COMPLAINT OF CLOSING OFF ROAD ON Mr. John Rich, 157 Rivera Court, stated EAST RIENSTEA BETWEEN MAX AND MELROSE that East Rienstra Street from Max Avenue east to Melrose Avenue has been blocked now for three weeks by the developer of Apollo Subdivision. He questioned why this developer is allowed to deposit soil on this road while developing the hill- side. Explanation by Director of Director of Public Works Cole stated that Public Works the subdivider requested permission from the City to close this street for a period of one month in order to install a sewer, water main and the undergrounding utili- ties. Mr. Cole added that he will inves- tigate the charge of dumping dirt on this road. The Mayor directed that this report be brought back next week. Traffic at Interstate 805 Mr. Rich then discussed the traffic situa- tion at 805 where it will come off Main Street into Otay. He felt that perhaps a traffic signal will have to be put up here. Comments by Director of Public Works Mr, Cole explained that 805, at the present time, will only provide service from Telegraph Canyon Road to Main Street, so the area served will be somewhat limited; however, there will be an increase of traf- fic here utilizing Main Street. COMPUTER PROGRAMMING Mr. Rich then questioned when the City goes on computer programming, whether all bills will be handled by the City, thereby saving the 2% now being charged by the Water Company. -10- City Manager Thomson indicated he could not answer that at the present time. These steps will have to be taken one at a time. TRAFFIC AT MAIN STREET Councilman Hyde referred to the potential traffic situation on Main Street in Otay with the prospective opening of 805 between Main and "L" Streets. He moved that this matter be referred to the Safety Cormnis- sion for investigation and report back to the Council on any recommendations they would have on it. Councilman Scott sec- onded the motion and it carried unanimously. ADJOURNMENT The Mayor declared the meeting adjourned at 9:25 P.M. to the meeting scheduled for February 16, 1971 at 7 P.M. -11~