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HomeMy WebLinkAboutcc min 1970/12/01 (2) MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday December 17 1970 A regular meeting of the City Council of the City of Chula Vista was held in the Council Chamber on the above date at 7:00 P.M., with the following Council- men present: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: City Attorney Lindberg, Acting Chief Administrative Officer Thomson~ Director of Public Works Cole: Director of Planning Warren, Purchasing Agent Stanley~ Personnel Officer McCabe, 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 Hobel, and unanimously carried that the minutes of the meetings of November 23 and 24, 1970~ be approved~ copies having been sent to each Councilman. DESIGNATION OF MAYOR PRO Mayor Hamilton asked the Council's consid- TEMPORE FOR DECEMBER 8, 1970 eration in not having a meeting on December MEETING 8, 1970. No items of importance have been scheduled, and Mr. McCabe, the Personnel Officer, who was to make his report at this meeting concerning the recruitment of the City Manager, is here tonight to give that report. December 8, 1970 meeting It was moved by Councilman Hobel, seconded cancelled by Councilman Hyde, and unanimously carried that the Council hold no meeting on December 8, 1970. PUBLIC REARING - APPEAL OF INA Director of Planning Warren submitted a plat HUFF - PLANNING CO~MISSION DENIAL noting the location of the property in quos- OF VARIANCE AND CONDITIONAL USE tion. He explained that the conditional use PERMIT - Z15 THIRD AVENUE permit was necessary to allow a residential use proposed to be looated in an existing garage structure situated at the eastern end of the property, and the variance was required to (1) permit residential use on a ground floor and (2) that the existing building is located eight inches from the north property line rather than five feet as required by ordinance. The Planning Commission denied both requests. This being the time and place as advertised~ Mayor Hamilton declared the public hearing opened. There being no cormments~ either for or against, the hearing was declared closed. Mr. Warren explained that Mrs. Ruff decided not to pursue this appeal based on the de- cision of the Fire Department that the variance does not conform to their regula- tions for setbacks. Appeal denied It was moved by Gouncilman Hyde, seconded by Councilman Scott, and unanimously carried that the action of the Planning Co~ission be sustained. ORDINANCE NO. 1310 - AMENDING This amendment changes the number of the ORDINANCE NO. 1299 - ENVIRONMBNTAL members of this Co~nission from five to CONTROL COMMISSION - FIRST READING seven. It was moved by Councilman Egdahl that this ordinance be placed on its first reading and that reading of the text be waived by unani- mous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde Noes: None Absent: None ORDINANCE NO. 1311 - APPROVING This property includes 60.04 acres lying LAYTON'S OTAY LAKES ROAD north of Otay Lakes Road between the Country ANNEXATION - FIRST HEADING Club Heights Subdivision and Bonita Vista Junior High School and is contiguous to the City limits. It was moved by Councilman Hyde that this ordinance be placed on its first reading and that reading of the text be waived by unani- mous consent. The motion carried by the following vote~ to-wit: AYES: Councilmen Egdahl, Scott, Hobel~ Absent: None RESOLUTION NO. 5862 - SUPPORTING Offered by Councilman Hyde, the reading of THE REQUEST FOR SOUTH BAY RAMPS the text was waived by unanimous consent~ FROM CORONADO BAY BRIDGE passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None HESOLUTION NO, 5863 - ACCEPTING, Offered by Councilman Hyde, the reading of DEDICATING AND NAMING A PORTION the text was waived by unanimous consent, OF "E" STREET passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl~ Scott, Hobel, Hamilton Noes: None Absent: None HESOLUTION NO. 5864 - QUIT- Offered by Councilman Hyde, the reading of CLAIMING A PORTION OF SANDALWOOD the text was waived by unanimous consent, DR/VE TO FRANK Eo FEILREIRA passed and adopted by the following vote, to-wit: AYES; Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 5865 - ACCEPTING, Offered by Councilman Hyde, the reading of DEDICATING AND NAMING A PORTION the text was waived by unanimous consent, OF FOURTH AVENUE passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None -2- RESOLUTION NO. 5866 - DEDICATING Offered by Councilman Hyde, the reading of AND NAMING A PORTION OF "E" STREET 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. 5867 - ACCEPTING Purchasing Agent Stanley explained the bid- BIDS AND AWARDING CONTRACT FOR ding process and the reason for recommending PURCHASE OF FURNITURE FOR POLICE the contract to Fischer Office Equipment. FACILITY Acting Chief Administrative Officer Thomson discussed the "benchmark" position used in the bidding, and based on the information he has, he would support the recommendation of the Purchasing Agent. Mr. Bill Sturgeon, San Diego Office Supply Company, Seventh Avenue, San Diego~ asked the Council to award the contract to his firm. Mr. Sturgeon advised the Council that they are now in a position to make the one-year guarantee on the price, as deline- ated in the specifications. Councilman Egdahl reviewed the statements noting that out of the seven bids received, three were rejected because of the quality of the furniture, two because they would not meet the one-year guarantee of the cost. Contract offered to Fischer The resolution was offered by Councilman Office Equipment 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; RECOMMENDATION OF PLANNING Assistant Civil Engineer William Magill sub- COPR~ISSION - ANNEXATION OF mitred a plat, reporting that thc Planning SWEETWATER VALLEY Commission approved the boundaries and annex- ation map, as submitted by the staff, at the meeting of November 23, 1970. They are recom- mending that the tentative calendar be vised to schedule neighborhood meetings by Valley residents to gain a further interest in annexation by as many residents as possible. Meeting of Valley residents Mayor Hamilton stated that he is sending a set for December 14, 1970 letter to the interested Valley residents for a meeting to be held on December 14, 1970 at 7:30 P.M., at the Municipal Golf Course. RECOMMENDATION OF PARKS AND Director of Parks and Recreation ~asinek RECREATION COMMISSION - stated this is in response to a request by SWEETWATER VALLEY LITTLE LEAGUE the Sweetwater Valley Little League for the FIELDS AT ROHR PARK use of City park lands located directly west of Rohr Manor in Rohr Park. The Commission reco~ends that the Little League be permitted to use the west end of Rohr Park for two ball fields for a period of five years, and that no Parks and Recreation funds be expended in the creation of these facilities. Mr. Jasinek added that the staff does not agree with this recommendation based on thc geographical -3- boundaries of the League, in which only a reported twenty-five per cent of the members are residents of Chula Vista. The Council discussed the Master Plan of this particular area. Mr. Jasinek remarked that no detailed plans have been delineated in the Master Plan for the west end of Rohr Park. Presentation by representatives Mr. A. Coulson, 4429 Loma Pasco, Bonita, of Little League submitted a pictorial rendering of the area and presented a proposal for use of this area; (1) they would fence the fields; (2) provide facilities for restrooms; (3) build a snack bar; (4) landscape the area and plant grass; (5) build the dug-out and bleachers; (6) maintain the premises during the League season, which is five months out of the year. They are asking the City to maintain the area for the remaining seven months; to provide the utilities, power and water. Mr. Coulson added that the League would be investing $12,000 in these improvements and asked that the request be granted for a period of five years. Acting Chief Administrative Officer Thomson questioned Mr. Coulson as to their long range plans for a permanent site. Mr. Coulson com- mented that this was discussed but no plans have been made. As to the specific amount of money involved~in having the City provide maintenance and utilities, Mr. Coulson did not know what this would be. Councilman Hyde spoke against the proposal declaring that no Master Plan has been made for this area, and this use is likely to be- come a permanent one whereby the City would be giving up control over a valuable site. He also questioned whether City land, City maintenance forces~ and City funds should be expended for a use primarily for non-residents. Mayor Hamilton spoke in favor of the request noting that the County has undertaken quite an obligation in planning this whole area for a regional park. Councilman Egdahl felt that more precise plans should be made available to the Council, in dollars and cents, so that a decision could be made. Cormmander Roy Buddhu, Secretary of Sweetwater Valley Little League, informed the Council that the League starts recruitment in January, and the games start in April continuing through June. Motion for 5-minute recess Councilman Hobel moved for a 5-minute recess. The motion died for lack of a second. Motion to accept recommendation It was moved by Councilman Hobel~ seconded of Parks and Recreation by Mayer Hamilton that the recommendation of Commission the Parks and Recreation Conanission be accepted with the proviso that specific plans be worked out between the 8weetwater Valley Little League amd the Director of Parks and Recreation so that the proper facilities will go in there; so that the Council will be assured that no low-grade facility will go in there; also, that no City funds be expended, that it would be the responsibility of the League to pro- vide all facilities. Amend motion Councilman Egdahl suggested the motion be amended to authorize the Parks and Recreation Commission and Department to negotiate with the Little League group to explore this further and give the Council a specific package~ then at that time, the Council will decide on whether or not they will approve the request. Councilman Hobel stated he would not amend his motion to reflect this. Motion fails The motion by Councilman Hobel to accept the recormnendations of the Parks and Recreation Con~nission failed by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton Noes: Councilmen Hyde, Egdahl, Scott Absent: None Motion to deny request It was moved by Councilman Hyde, seconded by Councilman Scott that the request for Little League fields in Rohr Park be denied. Motion carries The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Noes: Councilmen Hobel, Hamilton Absent: None Recess The Mayor called for a 5-minute recess at 8:46 P.M. The meeting reconvened at 8:58 P.M. RECOMMENDATION AND REPORT - Acting Chief Administrative Officer Thomson ALLOCATION OF BUDGETED FUNDS FOR submitted a written report to the Council VISITOR AND CONVENTION BUREAU relative to the $2,800 transfer of funds requested by the Visitors Bureau for the purchase of a structure to be moved onto a site in the 700 block of '~" Street for tem- porary quarters of the Bureau. Presentation by Phyllis Foster Mrs. Phyllis Foster, Managing Director of the Visitors and Convention Bureau, stated for the record, that there was no land involved in this transaction - the transfer of funds was to be used mainly for the structure. Mrs. Foster discussed thc phase-out period proposed by the Visitors Board and reported that they paid $3~250 for the land, the mortsage payments for which is $141.50 per month, and this amount will be made solely from the Visitors Bureau funds; therefore, once the temporary structure has been estab- lished~ the City would no longer be partici- pating in this ~unction. The Council discussed the phase-out period, with Councilman Hyde suggesting a three-year period instead of the five-year period pro- posed. Motion to accept report of It was moved by Councilman Hyde that the pro- Acting Chief Administrative Officer posal of the Acting Chief Administrative Officer be approved which provides for the transfer of funds of $2,800 as requested with the understanding that at budget time, -5- the Council would consider the three-year phase-out period for operating considerations. No second to motion The motion died for lack of second. Move to approvs transfer of Councilman Hyde moved that the Council rent funds approve the transfer of that portion of the currently approved budget which is provided for rent only, for this purpose. No second to motion The motion died for lack of second. Motion to approve a loan Mayor Hamilton moved that the City partici- pate on a loan basis for the $2,800 to be repaid by the end of the phase-out time of operating expenses as expressed by the Coun- cil in the budget sessions of last June. In answer to Councilman Hobel's inquiry, the Mayor indicated it would be a no interest loan. No second to motion The motion died for lack of second. Motion to deny It was moved by Councilman Scott that the request of the Visitors Bureau be denied. No second to motion The motion died for lack of second. Motion to continue Councilman Scott moved, seconded by Council- man Hobel that the matter be put off for two weeks. Motion fails The motion failed by the following vote, to-wit: AYES: Councilmen Scott, Hobel Noes: Councilmen Hamilton, Hyde, Egdahl Absent: None Motion to reject request It was moved by Councilman Egdahl, seconded by Councilman Scott that the request of the Visitors and Convention Bureau be rejected. Motion carries The motion carried by the following vote, to-wit; AYES: Councilmen Egdahl, Scott, Hobel Noes: Councilmen Hamilton, Hyde Absent: None ACTION ON APPEAL - CASTLE Director of Planning Warren stated that this PLYMOUTH: INC.~ REZONING 178 item has been continued from the meeting of THIRD AVENUE August 11, 1970, which is an appeal from Castle Plymouth requesting a change of zone from R-3 to C-T for property at 178 Third Avenue. At that time, the Council advised the representatives of Castle Plymouth to submit new plans for their entire property up to '~" Street~ providing landscaping on all frontages, and that a legal and binding contract be submitted with their plans for development. The development of the premises is to be done in three phases. Mr. Warren submitted two phases explaining the proposal as submitted by Castle Plymouth. Councilman Scott eommented that he made a motion at the August 11 meeting for a contin- uance of this item in order that the appli- cants would bring back a plan for landscaping -6- the entire property. From that point of view, the plans presented tonight fail in its objective. Testimony of Joe Husk Mr. Joe Husk, representing Castle Plymouth, stated he was not aware of the Council's action in this regard. He added that they would like to start immediately on the re- development of their premises and asked Council's appproval. Suggestion for continuance Councilman Hyde indicated he agrees with Councilman Scott's proposa~ that the plans do not reflect the Council's action. He also suggested the matter be continued and besides the landscaping plans, that the applicant also submit a precise plan showing elevations and drawings, that would provide for unity of this development. Move to continue for two weeks It was moved by Councilman Scott~ seconded by Councilman Hyde, and unanimously carried that the matter be continued for two weeks, and at that time, the Council consider the plans with the intent of the Council's orig- inal motion fulfilled. Upon presentation to the Council, that the staff's recormnendation on this be provided. REPORT OF PLANNING COMMISSION - Director of Planning Warren explained that CHANGE OF ZONE ON SOUTH S]])E OF at the meeting of November 23, 1970, the "I" STREET, EAST OF BROADWAY Planning Conunission discussed the Council's denial of this request for a change of zone and submitted their reasons for their action in recommending approval of the request. The Conunission further directed the staff to re- study this area in question and report back to them at a future meeting. Report filed It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that the report be filed. EXECUTIVE SESSION It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that the Council adjourn to executive session to discuss personnel matters and possible litigation. The Council went into executive session at 10 P.M. and the meeting was called back to order by the Mayor at 10:35 P.M. REVISION OF MASSAGE PARLOR It was moved by Councilman Hyde, seconded by ORDINANCE Councilman Scott, and unanimously carried that thc City Attorney be instructed to bring back a revision to the ordinance regulating massage parlors in the City of Chula Vista. Report of City Attorney regarding City Attorney Lindberg reported that he did litigation go in on a hearing of petition for writ of mandate to require the issuance of a license under the terms of the existing City ordinance. The Court found that the attempt of the City to regulate the operation of these massage parlors so as to prohibit the massage of per- sons by one of the opposite sex was preempted by State Legislation which regulates criminal -7- sexual acts, and therefore, the City could not regulate in that area. RECRUITMENT OF CHIEF Mr. Tom McCabe, Personnel Officer, reported ADMINISTRATIVE OFFICER that the examinations for this position are now closed and he has received forty-six applications for the position. Council to screen applications It was moved by Councilman Scott~ seconded by Councilman Hyde, and unanimously carried that the City Council be the Screening Board for these applications, bringing the number down to tan. Mr. McCabe explained that these ten names would then be submitted to an Appraisal Board. He would recommend three members - City man- agars of various California agencies. MEMBERS OF COMMISSIONS TO BE Mayor Hamilton suggested that one member of INVITED TO COUNCIL MEETINGS each Commission ba invited to sit at the podium at Council meetings, in order to par- ticipate in the meetings or make a report, if necessary. Motion to invite Commissioners It was moved by Councilman Scott, seconded to meetings by Councilman Hyde, and unanimously carried that a Con~issioner be invited to the Council meetings, on a rotating basis, beginning with the Chairman on down, starting with the next meeting. MAYOR'S COMMITTEE - ELECTIONS Mayor Hamilton announced the following mem- bers appointed to the Mayor's Cormnittea to study how campaign funds can be kept at a minimum: Ken Wood, Ada Thompson, Frank Geerdes, Jim Edmunds, Jim Brown, Ann Barnes, Beverly Law and Jerry Griffith. YUI~T]])E PARADE Mayor Hamilton complimented the Chamber of Commerce on the excellent parade held on November 30, 1970. PESO MONTH Mayor Hamilton declared the month of December as "Peso Month" conforming to the County-wide paso acceptance program which is now under way with the merchants. This was done at the request of the Chamber of Cormaerce. FEP, RY BOAT Councilman Scott noted the article in the newspaper concerning the Ferry Boat "Silver Strand" which ran aground. UNDERGROUNDING OF HIGH Councilman Scott referred to a newspaper TENSION WIRES article relating that San Diego Gas and Elec- tric Company is currently undergrounding high tension wires in Mission Bay. Ordinance to be brought back It was moved by Councilman Scott, seconded by Councilman Hyde, and unanimously carried that an ordinance be brought back in three weeks making it mandatory to underground high t=nsion wires. This is to be done at the ex- pense of the San Diego Gas and Electric Com- pany. Also in this ordinance to be stated that no new utility poles can be set in the City of Chula Vista (replacements would be permitted). CIGARETTE VENDING MACHINES Councilman Scott discussed the ordinance he proposed two and one-half years ago regulat- ing the sale of cigarettes through vending machines. Because of some of the provisions incorporated in the ordinance, it hasn't worked out too well, and he would now propose that they prohibit the sale of all cigarettes being vended from machines. Council conference for It was moved by Councilman Scott, seconded interested parties by Councilman Hyde, and unanimously carried that all interested parties that would be affected by this proposal be invited to a Council conference to discuss this problem. This should be set for sometime in early January. MONTHLY STATEMENTS FROM Councilman Hyde discussed the statements sub- FINANCE OFFICER mitred monthly from the Finance Officer rela- tive to status of funds and revenues. It was moved by Councilman Hyde, seconded by Councilman Egdahl, and unanimously carried that at the January conference, a presenta- tion be made by the Finance Officer on the budget report for the prior month. Performance to accounts Councilman Hobel commented that what would be meaningful to the Council would be a re- port showing the performance to accounts, approved at budget time. Acting Chief Administrative Officer Thomson stated this would be very difficult since it relates to a program budget, and the City is on a line basis budget. WRITTEN COMMUNICATIONS - CITY CLERK'S REPORTS Request of International This is a request of the International Friend- Friendship Commission for shiP co~=aission to the City Couneil for assistance in greeting and assistance in officially greeting and enter- entertaining foreign students raining all foreign exchange students that will reside in Chula Vista. Friendship Commission to brinE Mayor Hamilton directed that the Friendship back specific request Commission bring back a specific request for the Gouncil to consider. Request from Equestrian Trails, The City Clerk read a letter from the Eques- Inc. trian Trails, Inc., of Bonita, for equestrian trails in the Valley. They request a meeting with the Couneil to discuss this. Mayor Ham- ilton directed the staff to schedule Mr. Noel Confer, President of Equestrian Trails, to make his presentation to the Council at one of the meetings in December. PTesentation of Peso to Council Member Viesca of the International Friendship Co~mission presented each of the Councilmen with a Peso in honor of Peso Month. FAVORING LITTLE LEAGUE Mr. Herb Lathan, 631 Carla Court, spoke in BASEBALL PARKS favor of the proposal submitted by the Sweet- water Valley Little League. -9- / Motion to reconsider It was moved by Councilman Egdahl, seconded by Councilman Hobel, and carried that the Council reconsider the motion regarding the Sweetwater Valley Little League. Councilman Scott voted "no". Motion to bring back report It was moved by Councilman Egdahl, seconded by Councilman Scott, and unanimously carried that rather than accept the recommendation of the Parks and Recreation Commission, that they be instructed, along with the staff of that department, to explore, work out details and bring back a specific package to the Council for consideration and final decision and that they bear in mind the items discussed: continuing costs, maintenance, etc. City Attorney Lindberg indicated that this was a new motion, and there was no need for the motion to reconsider. Motion for master planning of Councilman Hyde moved that in re-submitting this area plans for Little League facilities in this area, that the Parks and Recreation Department and Commission take the necessary steps to come up with recomwaendations for master plan- ning that particular portion of Rohr Park. This can be brought back in six weeks or two months. Motion carries The motion was seconded by Councilman Scott and carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott Noes: Councilmen Hamilton, Hobel Absent: None Suggestion for formation of Councilman Scott suggested another alternate Park and Recreation District whereby the people in the Sweetwater Valley could form a Park and Recreation District, buying perhaps the Province property, adjacent to the area in question, for these recreational purposes. ~J~RNME~ ~yor Hamilt~ adjourned the meeting at 11:08 P.M. -10-