HomeMy WebLinkAboutcc min 1978/03/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. March 28, 1978
A regular meeting of the City Council of the City of Chula Vista, California, was held on
the above date beginning at 7:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue.
ROLL CALL
Councilmen present: Mayor Hyde, Councilmen Hobel, Cox, Scott, Egdahl
Councilmen absent: None
Staff present: City Manager Cole, Assistant City Manager Asmus, City Attorney
Lindberg, Director of Planning Peterson, Director of Public Works
Robens, Acting Fire Chief Longerbone, Director of Finance Grant
The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES It was moved by Councilman Hobel, seconded by Councilman
Cox and unanimously carried that the minutes of the meeting
of March 21, 1978 be approved, copies having been sent to
each Councilman.
4. PUBLIC HEARING - Mayor Hyde read a letter from Mr. Jon Shakespeare,
CONSIDERATION OF President of the Chula Vista Woods project in which Mr.
ACQUISITION OF VARIOUS Shakespeare stated they were withdrawing their request
PROPERTIES THROUGH for condemnation for offsite street and sewer for the
EMINENT DOMAIN BY THE referenced subdivision and would privately seek a solution
CITY OF CHULA VISTA to the matter.
Motion to file It was moved by Mayor Hyde, seconded by Councilman Scott
Agenda Item No. 4 and unanimously carried that the public hearing scheduled
as Item ~4 be filed. (See page ~3 of the minutes.)
2. SPECIAL ORDERS OF THE DAY
a. OATH OF OFFICE - City Clerk Jennie Fulasz administered the Oath of Office
SAFETY COMMISSIONER to Stephen Morrison who was recently appointed to the
STEPHEN MORRISON Safety Commission.
Motion to consider It was moved by Councilman Scott, seconded by Councilman
Item #6 at this time Egdahl and unanimously carried that Item #6 be moved up
on the agenda.
6. RESOLUTION NO. 9048 - The Charter Review Committee of the City of Chula Vista
COMMENDING THE CHARTER was charged two years ago with the responsibility for
~ REVIEW COMMITTEE providing a detailed review of all provisions of the Charter.
The Council directed that a resolution be prepared com-
mending the committee members for their work in updating
the Charter.
Resolution offered Offered by Councilman Scott, the text was read by Mayor
Hyde, passed and adopted by the following vote, to-wit:
AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde
Noes: None
Absent: None
Mayor Hyde presented the resolution to Mrs. Lois Richards,
Chairperson of the Charter Review Committee. He also
commended and complimented the City Attorney, Don Lindberg,
for his work and involvement with the Committee.
City Council Meeting -2- March 28, 1978
ORAL CO~UNICATIONS
Donald A. Painter Mr. Painter said he was appearing as a concerned citizen
920 Beech Street and also as a candidate for the City Council. He reported
Chula~Vista that sample ballots were being received by citizens with
other people's inserts noting that the City Clerk had
received approximately 10 such forms. He presented the
Clerk with a few more which had been picked up this afternoon.
Mr. Painter voiced his displeasure and concern with this
situation commenting on the cost to the City and to the
Candidates to get ballot information to the citizens. He
felt that if the City is not getting proper service, payment
should not be made. He requested that the Council do every-
thing in its power to make sure that the citizens get what
they pay for.
Situation clarified City Clerk Jennie Fulasz stated that she discussed this
by City Clerk problem and concern with the County Registrar's office and
they indicated it was a mechanical failure. She added that
no one will be deprived of their voting right. Any registered
voter who does not receive a sample ballot may notify the
City Clerk's office or the County Registrar'sofficeand a
sample ballot will be mailed by first class mail immediately.
Considering that a total of 55,000 ballots were mailed and
only 19 appear to have double inserts, City Clerk Fulasz
said this was not a bad record.
Joseph Scannicchio Mr. Scannicchio questioned the actions of the City con-
Past President cerning a non-conforming sign at Smitty's Tavern at 119
Chula Vista Broadway. He reviewed the circumstances concerning the
Chamber of Commerce City's request for the o~mer to remove the non-conforming
arrow sign attached to the building and stated that a
court appearance has been scheduled for April S~ 1978 to
consider this Code violation, On behalf of the owner of
the Tavern, the Chamber of Commerce questioned the determi-
nation that the sign was non-conforming and also contended
that it was protected by the "grandfather" clause in the
Sign Ordinance. They are appealing to the Council to with-
draw the Court proceedings scheduled for April $, 1978.
Permit reviewed by In answer to a query from Mayor Hyde, City Attorney Lindberg
City Attorney's office said his offico did review the background o£ this matter
and it was clearly indicated on the grant of the permit
that this particular sign should be removed and that the
owner, Mrs. Grant, was aware that the sign was considered
to be in violation of the sign ordinance.
Council discussion Discussion ensued concerning the permit, the requirements
of the ordinance, appropriate time to question removal of
the sign would be on a~ce'pting the bu£1di~g permits and prior
to commencing the work, and the procedures for determining
violations of the Code.
Motion for City Manager It was moved by Mayor Hyde that the City Manager and the
and City Attorney to City Attorney be directed to re-examine the circumstances
review circumstances of this case and report back to the Council at the next
meeting, which will be prior to the court hearing, at which
time if the Council should decide to stay this matter, action
can be taken at that time.
Addition to motion - Councilman Hobel seconded the motion with the condition
motion carried that the Council get a copy of the plan showing the arrow
being removed. Mayor Hyde agreed to include this in the
motion and the motion carried unanimously.
City Council Meeting -3- March 28, 1978
3. WRITTEN COMMUNICATIONS
a. CLAIM AGAINST THE Adler Investment Company, dba Royal Carpet Warehouse,
CITY - ADLER Chula Vista, submitted a claim against the City in the
INVESTMENT COMPANY amount of $103,222 for alleged flood damaged occurring on
January 15 and 17, and March 1, 1978.
Motion to refer to It was moved by Councilman Hobel and seconded by Mayor Hyde
insurance adjuster that the staff recommendation be accepted to forward the
claim to R. L. Kautz & Company for investigation and recom-
mendation.
Property owners aware In answer to a query from the Council, City Attorney Lindberg
of flood potential said the owner was aware that this property was constructed
in the flood plain, and that a warning was issued to the
property owner. Mr. Lindberg explained that the flood
plain zone was established to enable people to qualify for
flood insurance and to have property owners be fully aware
of the. potential danger to structures in these areas.
Motion carried The motion to refer claim to insurance adjuster carried
unanimously.
b. RESIGNATION FROM Mr. Howard Evans submitted his resignation from the Safety
SAFETY CO~.~ISSION - Commission, effective March 22, 1978 due to business
HOWARD EVANS commitments.
Resignation accepted - It was moved by Mayor Hyde, seconded by Councilman Scott
letter of appreciation and unanimously carrried that the resignation be accepted
with regret and that a letter of appreciation for his
services be prepared for the Mayor's signature.
c. RESIGNATION FROM Mr. William E. Snedecor advised that he is in the process
ENVIRONMENTAL CONTROL of moving to Borrego Springs, California. He submitted
COb~ISSION - WILLIAM his letter of resignation from the Environmental Control
E. SNEDECOR Commission/Historical Site Board effective March 23, 1978.
Resignation accepted - It was moved by Councilman Cox, seconded by Councilman
letter of appreciation Scott and unanimously carried that the resgination be
accepted with regret and that an appropriate letter of
thanks be forwarded.
PUBLIC HEARINGS AND RELATED RESOLUTIONS
4. PUBLIC HEARING - On January 10, 1978 the Council approved the tentative
CONSIDERATION OF subdivision map of that certain subdivision to be known
ACQUISITION OF VARIOUS as Chula Vista Woods. In order to provide necessary access
PROPERTIES THROUGH to the subdivision and provide an e~sement for sewer con-
EMINENT DOMAIN BY THE nections, the City may be required to exercise its power
CITY OF CHULA VISTA of eminent domain.
(CHULA VISTA WOODS SUB-
DIVISION) Continued This item was filed. See motion on page #1 of the minutes.
from March 14, 1978
4a. RESOLUTION - (Filed. See motion on page #1 of the minutes under
DETERMINING AND DE- Item No. 4.)
CLARING THE PUBLIC
NECESSITY OF THE ACQUI-
SITION OF PROPERTY O¥~ED
BY UNITED ENTERPRISES FOR
NECESSARY RIGHTS OF WAY
PROVIDING ACCESS TO A
PROPOSED SUBDIVISION TO BE
KNOWN AS CHULA VISTA WOODS
AND FOR STORM DRAIN PURPOSES
AND AUTHORIZING THE COMMENCEMENT
OF CONDEMNATION PROCEEDINGS TO
ACQUIRE SAID RIGHTS OF WAY
City Council Meeting -4- March 28, 1978
5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde
CONSIDERATION OF PRECISE opened the public hearing.
PLAN OF MORGAN/GARDNER FOR
A 217-UNIT APARTMENT The applicant submitted a precise plan for the construction
COMPLEX AT THE NORTHWEST of a 217-unit apartment project located on two lots on
QUADRANT OF 1-805 AND "E" the north side of "E" Street just west of 1-805 in the
STREET IN THE R-3-P-13-F R-3-P-13-F zone; lot 58 is adjacent to the 1-805 right of
ZONE way, and lot 57 is adjacent to "E" Street. Environmental
Impact Report 76-11 covering this project was certified
by the Council on June 17, 1977.
On March 8, 1978 the Planning Commission recommended
approval of the precise plan in accordance with their
Resolution No. PCM-78-16.
Director of Planning Peterson reviewed the rezoning of
this area adopted approximately one year ago reducing
the density from 17 to 13 units per acre, and the approval
of the tentative map for a single family subdivision on
the west side of Hilltop Drive north of "E" Street by the
same developer. Mr. Peterson said this was the second
phase of the over-all development. He described the plan,
the number of bedrooms, the low density, open space, the
requirements for construction within the flood plain,
parking, and extensive fencing. He said the staff joins
with the Planning Commission in recommending approval.
Gary Ebrick Mr. Ebrick said he was employed by Morgan and Gardner and
(Alvarado Design was representing them this evening. In answer to a query
and Associates) from Councilman Hobel as to the phasing of this development,
he stated that it is all going in as 58 lots with the
housing being done first and the apartments following.
Public hearing closed There being no further comments, either for or against,
the public hearing was declared closed,
ia. RESOLUTION NO. 9049 - Offered by Councilman Cox, the reading of the text was
APPROVING PRECISE PLAN waived by unanimous consent, passed and adopted by the
FOR A 217 UNIT APARTMENT following vote, to-wit:
COMPLEX AT THE NORTHWEST
QUADRANT OF 1-805 AND AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel
"E" STREET IN THE Noes: None
R-3-P-13-F ZONE Absent: None
CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman
(Item 6 through 9) Scott and unanimously carried that the Consent Calendar
be approved and adopted.
6. RESOLUTION NO. 9048 - (See action taken on page #1 of the minutes.)
COMMENDING THE CHARTER
REVIEW COMMITTEE
7. RESOLUTION NO. 9050 - In accordance with Section 22932.5 of the Elections Code
ORDERING THE CANVASS OF of the State of California, the Council is taking official
THE GENERAL MUNICIPAL action directing the City Clerk to canvass the results
ELECTION TO BE HELD ON of the election. The Clerk will certify the results of
THE llTH DAY OF APRIL, the election at the meeting of April 18, 1978.
1978, TO BE MADE BY THE
CITY CLERK OF THE CITY
OF CHULA VISTA
City Council Meeting -5- March 28, 1978
8. RESOLUTION NO. 9051 - The contract for construction of traffic signals on "L"
GRANTING A 48-DAY Street at First and Second Avenues was awarded to Perry
EXTENSION FOR THE Electric Company who started the work on January 9, 1978
INSTALLATION OF TRAFFIC with the project to be completed by April 8, 1978 (90 days).
SIGNALS ON "L" STREET AT
FIRST AND SECOND AVENUES Due to a problem in obtaining parts for the controller,
Econolite Corporation has informed the contractor that
the units will not be shipped until April 28, 1978; there-
fore, Perry Electric Company has requested a 48-day exten-
sion to complete the signals - until May 26, 1978.
9. RESOLUTION NO. 9052 - A new underground electrical service must be installed to
APPROVING PdqD GRANTING provide electrical service to the Civic Center Public
EASEMENT TO SDG&E FOR Service - Council Chambers Building. In accordance with
UNDERGROUND SERVICE TO rules approved by the State of California Public Utilities
CIVIC CENTER PUBLIC Commission, the City must grant an underground easement
SERVICE-COUNCIL CHAMBERS to San Diego Gas and Electric Company for this electrical
BUILDING AND AUTHORIZING service so they may install and maintain their facilities
THE MAYOR TO EXECUTE SAID upon City property.
GRANT OF EASEMENT
(END OF CONSENT CALENDAR)
RESOLUTIONS AND ORDINANCES, FIRST READING
10. RESOLUTION NO. 9053 - In a written report to Council, the Director of Public Works
ADOPTING REGIONAL explained that as a means of saving construction costs,
STANDARD SPECIFICATIONS it was suggested that a uniform set of specifications and
AND STANDARD DRAWINGS standard drawings be used for construction of public works
by all agencies within the San Diego region. The basis for
the standard specifications would be the American Public
Works Association "Standard Specifications for Public Works
Construction" (Green Book), with modifications.
During the last several years, the Regional Standards
Committee, of which the City is a member, prepared a
package of Regional Standard Drawings and a package of
Standard Special Provisions representing modifications
to the "Green Book." The staff is recommending that the
Council adopt the following documents with copies to be
placed on file in the office of the City Clerk and the
Department of Public Works.
(1) Standard Specifications for Public Works
Construction, 1976 edition
(2) Standard Special Provision, 1976 edition
(3) San Diego Area Regional Standard Drawings, dated
December, 197S
(4) Errata for Standard December 1975,
Regional
Drawings,
approved by Committee April 1977
Resolution offered Offered by Mayor Hyde, the reading of the text was waived
by unanimous consent, passed and adopted by the following
vote, to-wit:
AYES: Mayor Hyde, Councilmen Scott, Egdahl, Hobel, Cox
Noes: None
Absent: None
City Council Meeting -6- March 28, 1978
11. RESOLUTION NO. 9054 - On March 23, 1976 by Resolution No. 8093, the Council
PROVIDING FOR THE approved an agreement with San Diego and Arizona Eastern
SPECIAL APPROPRIATION Railway for installation of warning devices on "F" Street
OF FUNDS FOR THE INSTAL- immediately west of the intersection with Woodlawn Avenue.
LATION OF RAILROAD The estimated cost for the work was $17,900 with the City's
CROSSING PROTECTION share to be 50% or $8,950. The final billing has been
FACILITIES AT "F" STREET received and at 50% the City's share is $9,852.05. There-
AND WOODLAWN AVENUE fore, it is necessary to appropriate an additional $902.05
to cover the City's obligation.
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, Hobel, Cox, Hyde, Scott
Noes: None
Absent: None
12. RESOLUTION NO. 9055 - Bids were received on March 10, 1978 for renewal of the
ACCEPTING BIDS AND City's excess Worker's Compensation coverage due April 1,
AWARDING CONTRACT FOR 1978. Director of Finance Grant recommended that the
WORKER'S COMPENSATION Council approve Option #2: Select the bid of Employers
EXCESS INSURANCE Reinsurance Coporation increasing the excess coverage
from $1,000,000 to $2,000,000 and maintaining the present
$200,000 self-insured retention. This will cost $7,900
over the $i5,100 budgeted For this insurance.
Resolution offered Offered by Councilman Cox, the reading of the text was
waived by unanimous consent, passed and adopted by the
following vote, to-wit:
AYES: Councilmen Cox, Hyde, Scott, Egdahl, Hobel
Noes; None
Absent: None
13. RESOLUTION NO. 9056 - By Resolution No, 8519 the Council supported the University
APPROVING AGREEMENT of California's grant application for public cable tele-
BETWEEN THE CITY OF vision programming for the elderly (PACE) and the program
CHULA VISTA AND THE is now in operation. The Agreement stipulates that the
REGENTS OF THE UNIVERSITY City will provide workspace and access to video equipment
OF CALIFORNIA FOR PUBLIC and PACE will provide one employee for 10 hours per week
ACCESS CABLE TELEVISION and 200 blank video cassettes for the duration of the
BY AND FOR ELDERS(PACE) project. There is no fiscal impact upon the Library
AND AUTHORIZING THE Department.
MAYOR TO EXECUTE SAID
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, Egdahl, Hobel, Cox, Hyde
Noes: None
Absent: None
CONTINUED b~TTER AND SECOND READING OF ORDINANCE
14. ORDINANCE NO. 1792 - It was the consensus of the City Manager, the Chief of
AMENDING CHAPTER 6.04 Police and the City Attorney that wild animals should be
OF THE CHULA VISTA prohibited in the City and that no permit process authori-
MUNICIPAL CODE BY AMEND- zing the keeping of wild animals be established. The
ING SECTION 6.04.070 existing ordinance was amended to reflect the same pro-
RELATING TO WILD ANIMALS hibitory language used in the County ordinance and the
amended ordinance was placed on first reading at the
meeting of March 21, 1978.
City Council Meeting -7- March 28, 1978
Ordinance placed It was moved by Councilman Scott that this ordinance be
on second reading placed on its second reading and adopted and that the
and adopted reading of the text be waived by unanimous consent.
The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde
Noes: None
Absent: None
15. REPORT(S) OF THE CITY MANAGER
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
16. REPORT ON LANDSCAPING In response to an oral presentation by a resident of the
AND OTHER PROBLEMS IN Hilltop Vista Subdivision regarding landscaping, drainage
THE HILLTOP VISTA and other problems, the Council directed staff to meet
SUBDIVISION with residents of the area and prepare a report to the
Council.
Staff has scheduled a meeting for March 30, 1978 with
the residents and a full report to the Council will be
prepared for the April 11, 1978 agenda.
Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman
Scott and unanimously carried that the staff recommendation
be accepted (to present a full report at the meeting of
April 11, 1978).
17. REPORT ON FREEWAY In a written report, Director of Public Works Robens ex-
LANDSCAPING FOR plained that CalTrans is presently constructing a land-
INTERSTATE 5 scaping project on Interstate 5 between "E" Street and
Street, and have advertised for bids on another landscaping
project between Palomar Street and "J" Street.
The City's present landscape architect, Jack Nakawatase,
has checked the plans and based on his report, the Director
of Public Works recommended that the City take no action
at this time, but to allow a two year's growth time for
the plants and then make a re-evaluation on whether ad-
ditional landscaping should be installed.
Motion to accept report It was moved by Councilman Cox, seconded by Councilman
Hobel and unanimously carried that the report be accepted.
REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS
18. REQUEST FOR COUNCIL In a written statement, the Environmental Control Commission/
DIRECTION REGARDING Historical Site Board reported that the Commission has
MEETING ATTENDANCE excused members from meetings in accordance with Charter
REQUIREMENTS provisions, but experience has shown that an individual may
have many excused absences resulting in attendance at less
than 50% of scheduled meetings. This has resulted in several
meetings being cancelled due to lack of a quorum during the
present fiscal year.
The Commission requested (1) direction from the City Council
as to the definition of "excused" and "unexcused" absences
from meetings when prolonged and/or continuous business
commitments prevent attendance at workshop and business
meetings; and (2) direction from the City Council as to the
feasibility of the ECC/HSB requiring a "50% mandatory
attendance at workshop and business meetings."
City Council Meeting -8- March 28, 1978
Motion to refer It was moved by Councilman Hobel and seconded by Councilman
to City Attorney Scott that the staff recommendation be accepted - to refer
the matter to the City Attorney.
Appropriate for Mayor Hyde said he had discussed this matter with the City
Commissions to set Attorney who advised that the matter of what is an excused
criteria for excused or unexcused absence is for the particular commission to
absences decide, rather than to have an administrative procedure
of the Council. If the particular commissions have a
situation where a member is absent without excuse, the
proper action for the commission would be to refer it to
the Council with a recommendation that the seat of that
member be vacated and a new appointment made.
Motion withdrawn Councilman Hobel withdrew his motion. Councilman Scott
agreed as the second.
Motion for Commissions It was moved by Councilman Scott and seconded by Councilman
to formulate their Hobel that each commission make up their own rules and
own rules - approved policies and submit them to the Council for approval and
by Council from then on they go by those rules.
City Attorney offers City Attorney Lindberg commented that the Board and Com-
assistance missions are obligated to formulate their by-laws and
rules of operation. He said his office would be happy
to work with the ECC/HSB on this.
Councilman Egdahl expressed his concern regarding this
procedure, stating the Council should suggest the minimum
or maximum absences allowed.
Motion carried The motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Cox, Hyde
Noes: Councilman Egdahl
Absent: None
MAYOR'S REPORT
Mayor to schedule Mayor Hyde said he has contacted the Administrative Assist-
meeting with Senator ant to Senator Mills to set a date when the Senator can
Mills meet with the Council to discuss his proposed Bill which
would abolish the CPO (Comprehensive planning Organization).
The Senator has commitments on the suggested dates of
April 6 or 13, 1978; however, there is a possibility one
of those days may become free or that the meeting could be
scheduled for Friday, April 7, 1978.
· The Council concurred that April 7, 1978 would be an
acceptable date.
Weed problem Mayor Hyde commented on the weed problem the City may be
facing due to the excessive rain and asked if there were
any plans to cope with this problem.
Weed control program Assistant City Manager Asmus said the purchase of a spray
starts May 1st rig has been authorized which will help to keep better
control of weeds, and Acting Fire Chief Longerbone stated
that the weed abatement program will begin on May 1, 1978.
City Council Meeting -9- March 28, 1978
Report on Water Quality Mayor Hyde reported on the Water Quality Summit meeting
Management meeting that he and Councilman Hobel attended on Monday. Discussion
included water supply, sewers, run-off and problems re-
lated to the filling of underground basins.
COUNCIL COMMENTS
Letter from property Councilman Scott referred to a letter received by the
owners opposing Council from Mr. J. M. 8rennan on behalf of property
annexation under MORGA owners in the unincorporated area of Hilltop Drive and
(Municipal Organization "F" Street opposing annexation to the City under the
Act) MORGA Act. Councilman Scott suggested that the Mayor
answer the letter stating the intent of the Council and
the intent of the law and ask their cooperation.
Mayor Hyde asked that the City Manager draft a reply for
his signature on behalf of the Council.
Pending items to Councilman Egdahl referred to a list of pending items for
be discussed at Council action. He said he will bring this up again next
next meeting meeting.
Invitation to attend City Clerk Jennie Fulasz said the Librarian asked that
welcome to new City an invitation be extended to the Council to meet the
Librarian new City Librarian, Brad Simon, on Monday, April 3, 1978
from 9:00 a.m. to 10:00 a.m.
ADJOURNMENT Mayor Hyde adjourned the meeting at 8:12 p.m. to the
special Council meeting on April 1, 1978 at 7:30 a.m.
in the Library Conference Room No. 1 for overview of
1978-79 budget.
Deputy City Clerk