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HomeMy WebLinkAboutcc min 1977/10/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. October 11, 1977 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 Councilmen absent: Councilman Egdahl Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Public Works Robens, Assistant Director of Planning Williams, Director of Building and Housing Grady The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES Councilman Cox noted that the approval of the minutes at the meeting of October 4, 1977 carried by a 3-0 with 1 abstention; and on page 14, regarding Rohr Industries screening off the chain link fence, it should read the "north" side of "J" Street instead of the "south" side. It was moved by Councilman Scott, seconded by Council- man Cox and unanimously carried by those present that the minutes of the meeting of October 4, 1977 be approved as amended, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF Mayor Hyde introduced Mr. Vern Holt, a member of the COUNCIL GUEST - Board of Directors of the Chamber of Commerce and VERN HOLT President of the Chamber's Political Action Commission. b. PROCLAMATION - Mayor Hyde read the Proclamation and presented it to PROCLAIMING THE WEEK Len Krall, President of the Bobby Soxers' League. OF OCTOBER 9-15, 1977 AS "CHULA VISTA BOBBY Mayor Hyde then recessed the Council meeting at 7:10 p.m. SOXERS' WEEK" AND THE for a reception in the foyer honoring the League members. DAY OF OCTOBER 11, 1977 The meeting reconvened at 7:28 p.m. AS "CHULA VISTA BOBBY SOXERS' MAJOR LEAGUE DAY" ORAL COMMUNICATIONS There were no Oral Communications. 3. WRITTEN CO~B~UNICATIONS a. REQUEST TO PROVIDE Diamond Cab Company, 1625 Coolidge Avenue, National City, "DIAL-A-RIDE" SERVICE submitted a request to be considered for the "Dial-A-Ride" TO THE CITY - DIAMOND program,which application is being reviewed by the Urban CAB COMPANY Mass Transportation Act (UMTA). City Manager Cole recommended that this communication be held for consideration at the appropriate time and that staff communicate this information to the Diamond Cab Company. City Council Meeting -2- October 11, 1977 Referred to staff It was moved by Councilman Scott, seconded by Council- man Hobel and unanimously carried by those present that the matter be referred to staff. CONSENT CALENDAR It was moved by Councilman Scott, seconded by Council- (Items 4 - 7) man Hobel and unanimously carried by those present that the Consent Calendar be approved and adopted. 4. RESOLUTION NO. 8841 - The following trial traffic regulations have been in ESTABLISHING BOULEVARD effect for a minimum of eight months: Telegraph Canyon STOP(S) AND/OR THROUGH Road/Nacion Avenue with traffic stopped on Nacion Avenue; STREET(S) IN THE CITY and Telegraph Canyon Road/Camino Entrada with traffic OF CHULA VISTA stopped on Entrada. Traffic has been effectively con- trolled at these intersections and the Safety Commission and staff recommended that the stops be made permanent. 5. RESOLUTION NO. 8842 - A trial traffic regulation has been in effect for a ESTABLISHING A minimum of eight months as follows: Parking prohibited "NO PARKING" ZONE at all times on Bonita Road (south side) beginning at ON BONITA ROAD the easterly driveway of San Diego Federal Savings & Loan (4180 Bonita Road) and ending at a point 50 feet east of the westerly driveway at 4180 Bonita Road. Sight distance has been improved and the Safety Commis- sion and staff recommended that the trial regulation be made permanent. 6. RESOLUTION NO. 8843 - On June 21, 1977 the Council granted the deferral of APPROVING AGREEMENT undergrounding existing utilities along Otay Lakes BETWEEN THE CITY OF Road adjacent to Rancho Robinhood III Subdivision. CHULA VISTA AND KAISER Elias John Garcia, authorized agent of Kaiser Aetna, AETNA FOR THE DEFERRAL owners of the subdivision, executed the agreement for OF UNDERGROUNDING RE- the deferral on September 26, 1977 in accordance with QUIREMENTS ALONG OTAY the City Code. LAKES ROAD ADJACENT TO RANCHO ROBINHOOD III AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 7. RESOLUTION NO. 8844 - One of the conditions for the approval of tentative APPROVING AGREEMENT Parcel Map No. 10-77 is for the subdivider to construct BETWEEN THE CITY OF the public improvements on Third Avenue within one year CHULA VISTA AND ROBERT after approval of the final parcel map. Robert J. J. EEREBOUT FOR COMPLE- Eerebout, owner and subdivider, has executed a sub- TION OF PUBLIC IMPROVE- division agreement and a pledge of monies in the amount MENTS - TENTATIVE PARCEL of $7,000 has been posted with the City to guarantee MAP 10-77 AND AUTHORI- the installation of the improvements, consisting of ZING THE MAYOR TO curb and gutter, sidewalk, driveway approaches, street E×ECUTE SAID AGREEMENT pavement, storm drain and appurtenance structures. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 8848 - Nathan Artenstein, the owner of the property at 85 Via APPROVING ENCROACHMENT de Laurencio, has applied for an encroachment permit to PERMIT NO. 77-35 FOR construct a sidewalk underdraln within the public right PROPERTY AT 85 VIA DE of way. He will install a series of vertical drains LAURENCIO upon his property to collect the surface runoff which will than be carried in an underground plastic pipe and released in the street gutter. City Council Meeting -5- October 11, 1977 Director of Public Works Robens explained that the proposed 4" pipe must be constructed an approximate distance of 80 feet across the front of Mr. Albert Sasson's property and outlet through the curb face. Mr. Sasson indicated his objection to the proposal to the staff. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde Noes: None Absent: Councilman Egdahl 9. RESOLUTION NO. 8845 - Bids were received on October 3, 1977 for the construe- ACCEPTING BIDS AND tion of traffic signal improvements at the intersection AWARDING CONTRACT FOR of Fourth Avenue/"H" Street. Staff recommended that the THE CONSTRUCTION OF contract be awarded to Perry Electric, the low bidder, TRAFFIC SIGNAL IMPROVE- in the amount of $40,116. MENTS AT FOURTH AVENUE/ "H" STREET Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde Noes: None Absent: Councilman Egdahl 10. RESOLUTION - Due to the availability of additional funds, the State APPROVING REVISION Office of Traffic Safety has offered to increase the OF TRAFFIC SAFETY City's grant from two officers to three. If accepted, MOTORCYCLE GRANT AND this would mean that during the first year of the grant AMENDING 1977-78 the full salary and associated costs, including equip- BUDGET APPROPRIATING ment for three officers, would be financed by the ADDITIONAL FUNDS State. During the second year, the State would pay for half of the total cost with the City paying the other half. Additional appropriation needed to in- crease the grant would be $33,460. Motion to postpone It was moved by Councilman Scott, seconded by Council- man Cox and unanimously carried by those present that this item be held over until next week (Meeting of October 18 when a full Council is expected to be present) since it takes a four-fifths' vote and Council- man Scott will not be voting for it. 11. RESOLUTION NO. 8846 The has received for the of City funding employment AUTHORIZING THE CITY participants under the Comprehensive Employment and MANAGER TO EXECUTE ALL Training Act (CETA) Program since February 1975. Since COMPREHENSIVE EMPLOYMENT that time, it has been necessary to enter into agreements AND TRAINING ACT (CETA) with the County and the Regional Employment and Training AGREEMENTS AND AMENDMENTS Consortium (RETC) and to make amendments to such agree- TO SUCH AGREEMENTS AND ments. It was recommended that the City Manager be AUTHORIZING THE DIRECTOR authorized to execute all CETA agreements and any amend- OF FINANCE TO MAKE ALL ments; and that the Director of Finance be authorized ACCOUNTING TRANSACTIONS to make all necessary accounting transactions to imple- TO IMPLEMENT CETA AGREE- ment CETA agreements and amendments. MENTS AND P2qY AMENDMENTS THERETO, AND RESCINDING RESOLUTION NO. 8182 City Council Meeting -4- October 11, 1977 Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde Noes: None Absent: Councilman Egdahl 12. RESOLUTION NO. 8847 - Public Law 94-519, effective October 17, 1977 provides DESIGNATING AUTHORIZED for the donation of Federal Surplus property to any CITY REPRESENTATIVE public agency and the State of California has designated TO ACQUIRE FEDERAL the State Surplus Property Agency as the official agency SURPLUS PROPERTY FROM for that purpose. The resolution designated the City THE CALIFORNIA STATE Manager and Assistant City Manager as the two City repre- AGENCY FOR SURPLUS sentatives authorized to acquire surplus property under PROPERTY the program. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde Noes: None Absent: Councilman Egdahl 13. ORDINANCE NO. 1769 - The purpose of this ordinance dealing with secondhand AMENDING SECTIONS goods is to include a reporting requirement for dealers 5.38.020 F AND in secondhand furniture. It has come to the attention 5.38.050 OF THE CHULA of the Police Department that there is some market in VISTA MUNICIPAL CODE stolen furniture and furnishings and this amendment RELATING TO DEALERS would aid them in recovering stolen goods. IN SECONDHAND GOODS - FIRST READING Ordinance placed on It was moved by Councilman Scott that this ordinance be first reading placed on its first reading and that the reading of the text be waived by unanimous consent by those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde Noes: None Absent: Councilman Egdahl 14. ORDINANCE NO. 1770 - The U. S. Consumer Product Safety Commission issued AMENDING SECTION standards for architectural glazing materials which 15.08.010 OF CHAPTER became effective on July 6, 1977 and preempted the 15.08 AND SECTION states and all political subdivisions to continue in 15.52.010 OF CHAPTER effect any state safety glazing laws and the glazing 15.52 AND REPEALING sections of all building codes. The City Attorney SECTIONS 15.12.010 AND advised that all sections regulating safety glazing 15.12.020 OF CHAPTER should be deleted from the Uniform Building Code. 15.12 OF THE MUNICIPAL CODE OF THE CITY OF The Dangerous Building Code adopted in 1971 provided the CHULA VISTA RELATING TO Building and Housing Department with the necessary legal THE ADOPTION OF THE documents for code enforcement of commercial buildings. UNIFORM BUILDING CODE With the Community Redevelopment Program, the basic 1976 EDITION AND THE building code for new buildings is used; therefore, DANGEROUS BUILDING there is no further need for a Dangerous Building Code. CODE 1970 EDITION - FIRST READING City Council Meeting -5- October 11, 1977 Ordinance placed It was moved by Councilman Cox that this ordinance be on first reading placed on its first reading and that the reading of the text be waived by unanimous consent by those present. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Hobel Noes: None Absent: Councilman Egdahl CONTINUED MATTER AND SECOND READING OF ORDINANCE 15. ORDINANCE NO. 1768 - On July 19, 1977 the City Council approved a recom- AMENDING SECTION mendation by the Safety Commission and staff to amend 12.32.150 OF THE the City Code to require private property owners to CHULA VISTA MUNICIPAL trim privately owned trees overhanging public sidewalks. CODE RELATING TO The Code presently requires the trimming of trees to a TRIMMING REGULATIONS distance of eight feet above public highways, and this OVER CITY SIDEWALKS - amendment clarifies that section by adding the words SECOND READING AND "public sidewalk." ADOPTION The ordinance was placed on first reading on October 4, 1977. Ordinance placed on It was moved by Councilman Cox that this ordinance be second reading and placed on its second reading and adopted and that the adopted reading of the text be waived by unanimous consent by those present. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Hobel Noes: None Absent: Councilman Egdahl 8. RESOLUTION NO. 8848 - Mayor Hyde announced that he has just received a request APPROVING ENCROACHMENT from a Mr. Ministry, 74 Via de Laurencio to speak on PERMIT FOR 85 VIA this item. DE LAURENCIO Motion to reconsider It was moved by Mayor Hyde, seconded by Councilman Hobel Item #8 and unanimously carried by those present that Item #8 be reconsidered at this time. Mr. Ministry Mr. Ministry stated that the water runoff from Mr. 74 Via de Laurencio Artenstein's property will cross his daughter's property Chula Vista (79 Via de Laurencio) and they are sure that in the future, there will be problems. He added that the problems presently encountered are due to poor engineer- ing when the property was developed. Mr. Ministry added that if the Council approves the encroachment permit, he will take the matter to Court. Mrs. Sasson Mrs. Sasson, owner of the adjacent property, stated there 79 Via de Laurencio were other alternatives for the drainage rather than going Chula Vista across her property. She is against this proposal, but if passed, she would like to have the Council require the posting of a bond by Mr. Artenstein so that if there is any damage to her property, she will be covered. City Council Meeting -6- October 11, 1977 Director of Public Mr. Robens explained that his staff looked into his Works Robens matter. Mr~ Artenstein will construct a 4" pipe which will collect a small amount of water and the pipe will run to the closest place that it can get out into the public right of way downhill on to the street. There will be some construction work in front of the Sasson property (behind the sidewalk and property line) which will require removal of some lawn and will pass over a portion of the driveway - both the lawn and driveway will be repaired. Mr. Roberts added that this is a sound solution from an engineering standpoint and recom- mended its approval. Council discussion Discussion ensued as to the difference in topography, continuance of the item so that Mr. Ministry can file an injunction with the Court, requirement of posting a bond and other alternatives to the project. Mrs. Sasson requested a 60-day continuance so that the staff can investigate other alternatives. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Hobel, Cox, Hyde Noes: None Absent: Councilman Egdahl Motion to delay It was moved by Mayor Hyde, seconded by Councilman issuance of the permit Scott and unanimously carried by those present that it be directed that the encroachment permit not be issued prior to the 1Sth of October 1977. 16. REPORT OF THE CITY MANAGER a. REPORT ON REQUEST At the meeting of October 4, 1977 the Council referred FOR WITHDRAWAL OF a letter to staff from Attorney Bauer representing the POSITION ANNOUNCE- Chula Vista Firefighters Local 2180 requesting that the MENT FOR FIRE City withdraw the announced employment opportunity for INSPECTOR BY THE a fire prevention specialist (fire inspector). CHULA VISTA FIRE- FIGHTERS ASSOCIATION City Manager Cole quoted the sections of the Employer- Employee Relations Policy giving the City the right to "determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City." He indicated that there is some misunderstanding on the part of Local 2180 and suggested the staff meet and con- sult with them on this subject before making the Fire Prevention Specialist appointment. City Manager It was moved by Councilman Scott, seconded by Mayor recommendation Hyde and unanimously carried by those present that accepted the recommendations of the City Manager be accepted. b. MEETING WITH City Manager Cole reported that under the automatic REPRESENTATIVES response agreement with the Montgomery Fire District, OF MONTGOMERY FIRE there is an agreement for semi-annual meetings, the DISTRICT first to occur in October 1977 at the District's office. Mayor Hyde stated he will work this out with the City Manager and inform the Council of the date of the meeting. City Council Meeting -7- October 11, 1977 17. REPORT ON FIESTA DE On September 20, 1977 the City Council authorized LA LUNA waiver of fees and licenses for the Fiesta de la Luna and directed staff to assist in the coordination of the event. Director of Public Works Robens submitted a written report noting the location, parking, access, and activity sites for the Fiesta. Report accepted It was moved by Councilman Scott, seconded by Council- man Cox and unanimously carried by those present that the report be accepted. Noted for the record City Attorney Lindberg stated that the approval by the City for the use of the property which the City has acquired from Mr. Zogob is solely for that particular property and does not extend to any adjacent property that the City does not own (no encroachment on any private property). 18. REPORT ON ONGOING During the 1977-78 budget sessions, the City Council ENERGY CONSERVATION directed staff to develop an ongoing energy policy. PROGRAM IN MUNICIPAL BUILDINGS Director of Building and Housing Grady submitted a written report delineating the City's present energy conservation efforts and the proposals for the Council's consideration. Report accepted It was moved by Councilman Cox, seconded'by Council- man Scott and unanimously carried by those present that the report be accepted. 19. REPORT ON PROPOSAL FROM Councilman Cox stated he is abstaining from discussion E.C. GLAD FOR CONSTRUCTION and vote on this item due to a conflict of interest. OF DRAINAGE IMPROVEMENTS E.C. Glad Properties, a Limited Partnership, has sub- mitted a proposal to the City for the construction of a drainage culvert across City property with financial participation from the City. Director of Public Works Robens explained in a written report that in order to develop his property on Park Way for apartment units, E.C. Glad has constructed a double 6' x 5' box culvert along the front of his property and along the westerly property line for approximately half the distance of his lot. The culvert is undersized and not constructed to City standards. The C.I.P Con~ittee has programmed a drainage project for the 1978-79 fiscal year to build a box culvert from the end of Mr. Glad's box culvert across the remainder of his property to "G" Street and then westerly in "G" Street to the existing box culvert crossing "G" Street. Mr. Robens noted the arguments for and against Mr. Glad's proposal to construct the storm drain and recommended that the City enter into an agreement to construct the project at this time due to the pressures of inflation, inconvenience to the prospective residents in the new development, and the cost savings given to the City by Mr. Glad. City Council Meeting -8- October 11, 1977 Report accepted It was moved by Councilman Scott, seconded by Council- man Hobel andearried - 3 to 0 - (Councilman Cox abstained) that the report be accepted and a resolution be brought back approving an agreement between E.C. Glad Properties and the City of Chula Vista for the construction of the drainage improvements. MAYOR'S REPORT EXECUTIVE SESSION It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried by those present that the Council recess to Executive Session, at the end of the business meeting, for purposes of current litigation. Zoning Enforcement Mayor Hyde asked the City Manager to bring back a report on the question of proper zoning enforcement in the City. At one time, the Council indicated its consideration of increasing the staff of the zoning enforcement section. COUNCIL COMMENTS E1 Rancho del Rey Councilman Hobel noted that the matter of the E1 Rancho del Rey zoning will be considered by the Council at the meeting of October 18 and asked if the traffic report will be ready. Director of Public Works Robens said he would have a status report of the traffic study. Mayor's Economic Councilman Cox announced that the next meeting of this Advisory Committee Committee w~ll be held tomorrow night at 7:30 p.m. (October 12). Director of Public Works Roberts will be the guest speaker. Speed limit signs on Councilman Cox reported that the residents of East East "J" Street "J" Street pointed out that from 1-805 east to the end of East "J" Street, there is only one speed limit sign (30 mph). Motion for staff direction It was moved by Councilman Cox and seconded by Council- man Hobel that the staff and Safety Commission be directed to look into the need for additional signing. City Manager Cole informed the Council that he directed the staff to look into additional signing in this area, but that did not include the Safety Commission. Councilman Scott suggested there was no need to direct this to the Safety Commission since it is now being handled by the staff and it was not an urgent traffic safety problem. Safety Commission Councilman Cox withdrew reference to the Safety Com- directed withdrawn mission from the motion; Councilman Hobel agreed to the second and the motion carried unanimously by those present. Honda Plant Councilman Scott stated that he read in the newspaper that Honda will be building a plant in Ohio. City Council Meeting -9- October 11, 1977 Clapper Rails Councilman Hobel said he received a call from the Japanese people inquiring as to what a clapper rail was. (Reference: Bayfront preservation a critical wildlife habitat for the light-footed clapper rail, an endangered species as designated by the U. S. Fish and Wildlife Service last week). Sante Fe Development Councilman Scott asked for a report at some future Council Conference or Redevelopment Agency meeting on Mr. Desrochers' (Director of Cormmunity Development) meeting with a representive in Chicago concerning this development. Next Council meeting Councilman Scott noted that many items have been continued since June pending a full Council which is expected to be present at the next meeting (October 18), and suggested the meeting start at 4:00 p.m. for the routine items, rather than staying late that evening. Motion to start meeting It was moved by Councilman Scott and seconded by Council- at 4:00 p.m. man Hobel that the meeting of October 18, 1977 start at 4:00 p.m. Council discussion Discussion followed regarding the number of public hearings and items on the next agenda. Motion amended Councilman Scott amended the motion to add the words "if need be"; Councilman Hobel agreed to the second and the motion carried unanimously by those present. RAILROAD ABANDONMENT Mayor Hyde reported that he met with the Task Force in opposition of the abandonment of the Santa Fe Railroad. He stated that this is an active task force that is well-organized. The Metropolitan Transit Development Board has taken a conflicting position on this as they have indicated their interest in acquiring 20 miles of this railroad as it relates to a corridor for a fixed guideway. EXECUTIVE SESSION The Council recessed to Executive Session at 8:22 p.m. and the meeting reconvened at 8:50 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:50 p.m. to the regular scheduled meeting of October 18, 1977 at 7:00 p.m. in the Council Chambers, City Hall.