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HomeMy WebLinkAboutcc min 1970/10/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday October 13, 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 (arrived at 7:15), Hobel, Hamilton, Hyde, Egdahl Absent: None Also present: Attorney Max Wiza, Acting Chief Administrative Officer Thomson, Administrative Assistant Ratelle, Director of Public Works Cole, Director of Planning Warren Mayor Hamilton led the pledge of allegiance to the Flag, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl, and car- ried that the Council minutes for the meetings of October 2, 5 and 6, 1970 be approved, copies having been sent to each of the Councilmen. REPORT BY NIEK SLIJK - CHAMBER OF CO}flMERCE Mr. Niek Slijk, Manager, Chamber of Commerce, gave the quarterly financial report of the Chamber of Commerce. Councilman Hobel asked what the City's expend- itures were to this date. Mr. Slijk stated he would send the Council a copy of the Chamber's Treasurer's report for October. Councilman Hyde discussed the pending joint meeting the Council will have with the International Friendship Commission on October 28, regarding the selec- tion of a Mexican Sister City, and asked Mr. Slijk to invite the Chamber's Commit- tee on Mexican Relations to this meeting. REPORT FROM ED MAPES- 20-30 CLUB Mr. Ed Napes, representing the 20-30 Club, gave the quarterly financial report of the 20-30 Club, and displayed the many trophies won by this float in the different cities where it Was paraded. 7:15 P.M. - Councilman Scott arrived at the meeting at this time. ORDINANCE - AMENDING CARDROOM ORDINANCE - FIRST READING Mayor Hamilton explained that the City Attorney did not have time to pre- pare this ordinance prior to his departure to attend a convention in Boston. This ordinance will be brought back before the Council at the next meeting, October 20, 1970. RESOLUTION 58~ ACCEPTING LOT IN HOLIDAY ESTATES SUBDIVISION, UNIT NO. 5 Offered by Councilman Hyde, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hydeg Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 5822 - GRANTING EXTENSION OF TIME FOR INSTALLATION OF PUBLIC IMPROVEMENTS AT 547 FOURTM AVENUE Offered by Councilman Egdahl, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Nobel, Hamilton, Hyde Noes: None Absent: None RESOLUTION NO. 5823 - URGING AMENDMENT TO THE INTERNAL REVENUE CODE OR THE REGULA- TION OF THE INTEIANAL REVENUE SERVICE TO PERMIT THE UTILITY USERS TAX TO BE A DEDUCTIBLE ITE~ FROM THE FEDERAL INCOME TAX Offered by Councilman Scott, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 5824 - GI~ANTING EXTENSION OF TIME ON TENTATIVE MAP OF TREE HAVEN APARTMENTS SUBDIVISION Offered by Councilman Hyde, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None RESOLUTION NO. 5825 - ACCEPTING PUBLIC IMPROVEMENTS - LOMA VERDE PARK POOL AND RECREATIONAL FACILITIES Offered by Councilman Scott, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 5826 - APPROVING AGREEMENT WITH RICHARD JOHN LAREAU AND ASSOCIATES FOR DESIGN OF TENNIS COURTS AND AUXILIARY BUILDING AT S Ob~fHWE S TERN COLLEGE Offered by Councilman Hobel, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 5827 - ACCEPTING QUIT CLAIM DEED FROM SIDNEY AND FHIDA WAPNER - LOT 10~ PALM GARDENS ESTATES SUBDIVISION Offered by Councilman Scott, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None RESOLUTION NO. 5828 - SUPPORTING PROPOSITION 1 ON STATE BALLOT REGARDING CLEAN WATER Offered by Councilman Scott~ the reading of the text was waived by unani- mous consent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None Councilman Egdahl com~ented that it should be pointed out that the Council is encouraging the private sector in this responsibility and expenditure of private industry funds, etc., for this care and concern since they are the prime contami- nators of this matter. RESOLUTION NO. 5829 - SUPPORTING CITY OF NORTH LAS VEGAS IN MEMBERSHIP STANDARDS EpR NATIONAL LEAGUE OF CITIES Offered by Councilman Scott: the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl Noes: None Absent: None REQUEST FOR APPROVAL OF MOVE-IN OF DWELLING TO 4140 GALLE IA MIl{ADA - TINDALL Director of Planning Warron explained that this matter was considered by the City Planning Con~nission; they are recommending approval, subject to having the structure make greater use of wood and/or masonry details on the front eleva- tion and the utilization of a shake roof. The Buildin8 Inspection Department has also submitted a list of requirements that have to be complied with. -2- In answer to Councilman Hyde's inquiry, Mr. Clay Gingerich, Building Inspector, stated the amount of the bond required in this case is $3,000. This is required so that completion of the work will be done within 120 days. Mr. Frederick Tindall, the owner, stated he plans to occupy the dwelling as soon as it is completed, provided the Navy does not move him out of the area in the i~terim. Others testifying on this matter were: Ivan Olson, 4196 Camino Elevado, who stated he inspected the dwelling and can see nothing wrong in having it moved into this area; Mr. Noel Smith, 4522 Calle Mesita, who questioned what would happen to the bond money if the work was not completed on schedule; Mr. James Perkins, 4005 Camino del Cerro Grande, questioned the adequacy of the $3,000 bond; Mrs. Elias Kamco, 4260 Calle Mirada, who questioned whether this would be starting a precedent since there were 13 empty lots left in this subdivision; Mrs. Bonnie Henderson, 4230 Calle Mirada, who read a letter of protest indicating that they feel the move-in would hurt their property values and start a precedent for other move-ins. She also read a letter from Mr. Alfred Lansley, 4500 Calle Mesita, asking Council "protection" in r~gard to move-ins. The Council discussed increasing the amount of the bond to adequately cover the costs to complete the work on this structure. Mr. Tindall remarked that he had no real opposition to having this bond increased. tt was moved by Councilman Hyde that the move-in be approved, subject to the conditions as outlined by the Building Inspection Department and the Planning Commission, and that the Building Department estimate the cost of the work to be completed and the amount of bond be increased to cover this amount. The motion died for lack of a second. It was moved by Councilman Hobet, seconded by Councilman Scott, and unan- imously carried that this be sent back to staff to be brought back in one week, October 20, with a proposed establishment of the bond value; also what the exact cost of the bond will be. ANNUAL REPORT Acting Chief Administrative Officer Thomson reported on the cost of print- ing the Annual Report. He recommended that the same format be used as in the previous year, a calendar style Annual Report, and that the areas of Bonita and Castle Park be included in the distribution scope. It was moved by Councilman Scott, seconded by Councilman Hyde, that a calendar format be used for the Annual Report, that the quality of the paper be upgraded, and the distribution be the City limits plus Bonita; also that a multi- colored cover be used. Mr. Niek Slijk, Manager, Chamber of Commerce, commented that the Chamber sends out quite a few of these reports to new residents and to people inquiring about Chula Vista, and they would like to have additional copies at the Chamber for this purpose. Mrs. Kathryn Moore, 1134 Tobias Drive, stated she lives in the Castle Park area and asked that the reports be sent to this area also. The motion passed by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: Councilman Hobel Absent: None It was moved by Mayor Hamilton, seconded by Councilman Hyde, that the motion be recousidered to include Castle Park area in the distribution scope. The motion carried by the following vote, to-wit: AYES: Councilmen Hamilton, Esdahl, Hobel Noes: Councilmen Scott, Hyde Absent: None It was moved by Mayor Hamilton and seconded by Councilman Hobel that Castle Park, Bonita and the City limits be included in the distribution of the Annual Report, since it falls within the budgeted amount (less than the budgeted amount); the quality of the paper to be as stated in the original motion. Councilman Hyde spoke against the motion, indicating that these reports were paid for by the citizens of Chula Vista and the Council should not spend City funds to go beyond this. The only reason he voted for the inclusion of Bonita was because it was a modest sum and the Council has an active program of annexation out there. Councilman Egdahl cormnented on the additional 1,000 copies available in the City Hall which the people of Castle Park could come get a copy. The motion failed to carry by the following vote, to-wit: AYES: Councilmen Hamilton, Hobel Noes: Councilmen Hyde, Egdahl, Scott Absent: None It was moved by Councilman Hobel~ seconded by Councilman Scott, that funds in the amount of $3,950 for the Annual Report be appropriated, and that distribu- tion be limited to Chula Vista only. The quality to be upgraded as stated in the original motion. Mayor Hamilton stated that the money has already been appropriated for this report. Councilman Hyde stated he is speaking against the motion for the same reasons as stated previously. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Scott Noes: Councilmen Hyde, Egdahl Absent: None STATUS OF NEW CAREERS PROGRAM Acting Chief Administrative Officer Thomson reported that the staff has met with representatives of this organization. On October 8, 1970, a representa- tive met with the Civil Service Commission, at which time certain data was pre- sented to the Con~nission for their study. The Personnel Director, Chief Adminis- trative Officer and the City Attorney will meet with the Commission and representa- tives of the New Careers Program at the next regular meeting of the Civil Service Con~nission, at which time they will be able to formulate a recommendation to the Council. CITY ATTOILNEY - REPORT PERTAINING TO THROWING OF ADVERTISING LEAFLETS AT RESIDENCES Attorney Max Wiz& discussed the State Municipal Code, Sections 3.1 and 3.2 relative to the unlawful distribution of handbills and advertising leaflets. Any attempt to change the ordinance now on the books would abridge the Constitutional right of free speech. With advertising matters~ a certain amount of news informa- tion is received and any attempt to prohibit a distribution of this would be against the First Amendment. The City has gone as far as it can. The owners of the property can contact the disseminator and tell them they do not want to receive the material; that they will regard it as an invasion of their privacy, or even a trespass to have it delivered to their homes. They then have divil remedies avail- able to them after that. DIRECTOR OF PARKS AND RECREATION - REPORT ON LAWN BOWLING GREEN Mr. William Jasinek, Director of Parks and Recreation, reported on the cost maintenance of the lawn bowling green at General Roca Park, and the dimin- ished use of the green because of the infestation of "quack" grass. This matter was considered by the Parks and Recreation Commission~ and they are recon~ending that the Council approve no further expenditure of funds for this facility. Mr. Paul Hyder, 1100 Industrial Boulevard, representing the Chula Vista Lawn Bowling Association, spoke in favor of having the Council allocate the needed funds to repair this facility. He indicated that the Association is willing to donate $225 to help defray this cost. The Council discussed all aspects of City supervision of this bowling green~ the maintenance cost~ and a fee charge for the use of this facility. Mr. Ivan Olson, Bonita Bel Aire resident, asked the Council to consider the use of astro-turf in rebuilding this facility~ and if the Council moves to remove it from this location~ that consideration be given to relocating it else- where in the City. Mr. John Poneleit~ Parks Maintenance Supervisor~ discussed the problems and cost of maintaining this facility~ and the few people who actually utilize it. -4- It was moved by Councilman Scott, seconded by Councilman Hobel, and unan- imously carried that the bowling green be closed; that no more expenditures be allocated for it this year; that other uses be considered for it; when astro- grass becomes a more economical method, in the future, a relocation of this facil- ity be found, possibly in Norman Park Center, and use of this material be considered. Mayor Hamilton spoke against the motion, stating that because of the amount of money already invested in this facility, the City could manage the facility and perhaps in the next six months, it would become a useful tool of the City. If it does not, then he would speak in favor of doing away with it until a time and place can be found to relocate it. Councilman Hyde spoke against the motion. He felt the matter should be continued for one or two weeks so that it can be re-examined by the Parks and Recreation Director as to its feasibility. The Council discussed the four-year period the facility has been in operation, and the other cities that have this facility and their problems concerning it. The motion carried by the following vote, to-wit: AYES: Councilman Scott, Hobel, Hyde, Egdahl Noes: Mayor Hamilton Absent: None 9:21 P.M. - The Mayor called a 10-minute recess - meeting reconvened at 9:37 P.M. FIRE CHIEF - REPORT ON RECENT FIRE DISASTER Fire Chief Smithey reported on the recent fire disaster which occurred on September 26, 1970, and the part that Chula Vista had in it. He showed colored slides of the fire and the results. Mayor Hamilton, speaking on behalf of the Council, expressed appreciation to Chief Smithey and members of his department, as well as all the other depart- ments in the City that helped in this fire disaster. DIItECTOR OF PUBLIC WORKS - REPORT ON 1911 ACT IMPROVEI~NT DISTRICT FOR ALLEY BETWEEN DEL MAR AND CHURCH AVENUES, AND '~" AND DAVIDSON STREETS Director of Public Works Cole discussed the report made by the Engineer of Work on this proposed alley improvement. Since only one bid was received, he would concur with the recon~endation of the Engineer that the City advertise the alley project at the same time that advertising is done for the Arizona Street 1911 Act project. It was moved by Councilman Scott, seconded by Councilman Hobel, and unan- imously carried that the Council accept the report made by the Director of Public Works. ORDINANCE NO. 1301 - ADOPTING PHASE I OF CITY REZONING PLAN - SECOND READING AND ADOPTION It was moved by Councilman Hyde that this ordinance be placed on its second reading, reading of the text was waived by unanimous consent, and the ordinance was passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde~ Egdahl~ Scott~ Hobel, Hamilton Noes: None Absent: None RESOLUTION SENT TO LOCAL AGENCY FORMATION COMMISSION REGARDING URBAN SERVICES Mayor Hamilton gave a status of the letter sent to twelve different cities asking support of Council resolution urging IAFC to adopt a policy of annexation. He stated his office will continue to follow up on this item and keep the Council informed. FORUM OF GOVERNMENTS Mayor Hamilton stated that the Forum of Governments Conference, originally scheduled for October 15 and 16, at Warner Springs, has been cancelled until fur- ther notice. LEAGUE OF CITIES CONFERENCE Mayor Hamilton urged any of the Councilmen, who have not already done so, to contact his office for reservations to this Conference. COUNCIL OF GOVEP, b~E~S Mayor Hamilton referred to a resolution sent by the County Board of Supervisors and California League of Cities urging support for a Council of Governments and the policies agreed upon as to regional government. He will have the City Attorney draw up a resolution and present this to the Council at the next meeting. TAXICAB FARES Councilman Scott stated that he ~as asked the Acting Chief Administrative Officer for the report given San Diego regarding the Yellow Cab fares. BONITA VAT~YMAILING Councilman Hobel asked when the annexation mailing went out to the resi- dents of Bonita Valley. Acting Chief Administrative Officer Thomson stated he will check into this and advise the Council. TELEGRAPH CANYON PARK Councilman Hobel asked the staff to report on the progress of the Tele- graph Canyon Park. ORDINANCES Councilman Egdahl requested that the City Attorney investigate current ordinances as they relate to amounts of money, previously discussed on this agenda, and update these ordinances, since they may, by virtue of inflation, be totally out-of-date. LAFC MEETING - OCTOBER 19, 1970 Councilman Egdahl referred to the request of the Mayor that the Council give him guidelines relative to this meeting. At this meeting, they are going to discuss adding two members to the Commission. Mayor Hamilton stated that representatives of the City will be in attendance at this mooting, and they will submit a report to the Council on this. BONITA ANNEXATION Councilman Scott stated that in view of the letters sent out to these residents, the advertisements in the newspapers, and the meeting held at South- western College, the City of Chula V~sta has shown their interest in annexing the Valley. On the basis of this, Councilman Scott moved that the Council extend no more City funds in annexing Bonita; that any effort made from here on will have to be made by the residents of Bonita. Councilman Hobel seconded the motion, com- menting that the Council hopes the people will bring this to a vote in the Valley. The Mayor felt this motion may be a little premature since the mailing has just gone out this week. He asked for one week or ten days before a decision is made on this. The motion failed by the following vote, to-wit: AYES: Councilmen Scott, Hobel Noes: Councilmen Namitton~ Hyde~ Egdahl Absent: None It was moved by Councilman Egdahl~ seoonded by Councilman Scott, and unanimously carried that a hold be put on any further spending~ waiting upon a report of the staff as to what future steps should be taken, and that any further expenditures would come before the Council for approval. Councilman Hyde moved that this item b~ discussed at a Council conference~ November 2~ 1970. This was seconded by Ma¥~ri~amilton and unanimously carried. LETTER OF RESIGNATION FROMMRS, LINDA A. COURGHAINE - LIBRARY BOARD k letter was received from Mrs. Linde Courchaine submitting her resigna- tion from the Library Board. It was moved by Councilmmn Egdahl, seconded by Coun- cilman Hyde~ and unanimously carried that the resignation be accepted with regret. REQ~EST OF SANDIEGO COUNTY ASSOCIATION FOR THE RETARDED (STARLIGHT CENTER) FOR A WAIVER OF REQUIREMENTS FOR STREET IMPROVEMENTS This is a request from Mrs. Kay Smith, President of the Board of Directors of Starlight Center, requesting a waiver of the requirements for the installation of public improvements adjacent to the property on East Oneida Street. Mrs. Smith, Board President; Mr. Donald Black, 1172 Oleander Avenue; Mr. Tom Mitchell, 908 Nolan Way, and Mr. Jim Edmunds, 768 Monserate Avenue, spoke in favor of the request. It was moved by Councilman Hyde, seconded by Councilman Egdahl, and unan- imously carried that this matter be referred to the staff and City Attorney for comment as to the scope of the improvements; that a recommendation be made as to how these improvements should be handled if a waiver is approved; that the esti- mate of these improvements and surety bond be included in the report. This matter to be brought back to the next meeting, October 20, 1970. Councilman Egdahl asked that the report include whether or not this is a precedent-setting case in terms of philosophy, or whether there is precedent for this type of waiver action. ENVIRONMENTAL SEMINAR Mrs° KathrynMoore, 1134 Tobias Drive, South Bay Citizens Planning Commit- tee, passed some announcements to the Council regarding a seminar to be held at the Natural History Museum on Wednesdays, October 21 to December 16, 1970, con- cerning the environmental problem. GENERATING PLANT Mr. Ed Mapes, 5436 Wayne Avenue, discussed the recent proposal by the San Diego ~as and Electric Company concerning the installation of a third generating plant in Chula Vista. Since this will make the water in this area warmer by five or ten degrees and thereby increase marine growth, he urged Council's considera- tion of the matter. He felt it would act as a deterrent to the people that may store their boats in the proposed marina. ADJOURNMENT The Mayor adjourned the meeting at 10:40 P.M., sine die. City Clerk