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HomeMy WebLinkAboutcc min 1977/09/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. September 20, 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: Councilmen Hobel, Cox, Scott, Egdahl Councilmen absent: Mayor Hyde Staff present: City Manager Cole, City Attorney Lindberg, Assistant City M~nager Asmus, Director of Public Works Robens In the absence of Mayor Hyde, Mayor Pro Tempore Hobel presided over the meeting. The pledge of allegiance to the Flag was led by Mayor Pro Tempore Hobel followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried by those present that the minutes of the meeting of September 13, 1977 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Council Mayor Pro Tempore Hobel introduced Mr. Bill Avery, member Guest - Bill Avery of the Board of Directors of the Chamber of Commerce and associated with the Chula Vista branch of the Security Pacific National Bank. b. Certificates of Mayor Pro Tempors Hobel presented Certificates of Recogni- Recognition to the tion to the following students who completed the "Manual Girl and Boy Staters of California Government" this year at Sacramento: Mary B. Alexander Tami Seversik~ Richard W. Maniss Christopher S. Taggart James M. Ranes 3. WRITTEN COMMUNICATIONS There were no written communications. ORAL COMMUNICATIONS Elaine Katzer Ms. Katzer explained the delay in getting her mural con- Sculptress, "Sea Chanty" structed on the new Library grounds. She stated that she had to wait for over a year for the grant from the National Endowment of the Arts. After advertising for bids for the construction, she received one bid for $16,000 which she felt was extremely high. Ms. Katzer asked for Council's patience and support in this matter. Director of Publig Works Robens said he reviewed the bid and agreed it was too high. He talked to the contractor and a subsequent bid will be received tomorrow which they hope will be more reasonable. City Council Meeting -2- September 20, 1977 Motion for staff It was moved by Councilman Scott, seconded by Council- cooperation man Cox and unanimously carried by those present that a report be brought back to the Council in two weeks (next Council meeting) on a possible solution and direct the staff to do whatever they can to cooperate and "have patience." Clarification of Councilman Scott clarified the motion indicating that motion if a reasonable bid is received tomorrow, they can start erecting the mural immediately and a report will not have to be brought back to Council. 20. REQUEST TO HOLD THE FIFTH It was moved by Councilman Scott, seocnded by Council- ANNUAL BONITAFEST - man Cox and unanimously carried by those present that OCTOBER 1 AND 2, 1977 Item #20 be considered at this time. The Bonita Business and Professional Association re- quested assistance from the City for their Fifth Annual Bonitafest to be held on October 1 and 2, 1977. They also requested waiver of all fees and licenses, traffic and crowd control, street sweeping and certain City equipment (chairs, bleachers, etc). Mike Quartararo, President Mr. Quartararo asked for approval of the requests and Bonita Business and Pro- invited the members of the Council and audience to the fessional Association Bonitafest. Motion to accept It was moved by Councilman Scott, seconded by Council- staff's report man Egdahl and unanimously carried by those present that the staff's report be accepted (general approval of the requests). CONSENT CALENDAR It was moved by Councilman Cox, seconded by Council- (Items 4 - 7) man Scott and unanimously carried by those present that the Consent Calendar be approved and adopted. 4. RESOLUTION NO. 8821 - After the public hearing held on May 24, 1977, the City ORDERING VACATION OF AN Council directed that a resolution be brought back order- EASEMENT FOR SEWER AND ing the vacation of this easement. This resolution was WATER PURPOSES ACROSS held until the developer relocated the sewer and water LOTS 11 AND 12 BLOCK 2 main to a new location and dedicated a new easement for OF SWEETWATER VALLEY these relocated facilities. The developer has now com- INDUSTRIAL PARK AND pleted this construction and the sewer main was accepted ACCEPTING SBWER EASE- by the Director of Public Works on August 30, 1977. MENT FROM DUNPHY CON- STRUCTION COMPANY 5. RESOLUTION NO. 8822 - Mr. W. H. Ahrens, owner of property at 4316 Acacia APPROVING E~CROACHMENT Avenue~ has applied for an encroachment permit to allow PERMIT NO. 77-29 FOR continued encroachment of an existing wood shed, fences PROPERTY AT 4316 ACACIA and a grass volleyball court into Lot 140 of Bonita AVENUE Ridge Estates Unit #3 Subdivision. The Director of Parks & Recreation had no objections to the continued encroachment of the structures. The permit will contain a clause that the encroaching structures must be removed at the owner'g expenge upon 30 days' notice from the City of Chula Vista. City Council Meeting -3- September 20, 1977 6. RESOLUTION NO. 8823 - Mr. V. Norman Rains, owner of property at 4392 APPROVING ENCROACHMENT Acacia Avenue, has applied for an encroachment permit PERMIT NO. 77-33 FOR to allow continued encroachment of an existing fence PROPERTY AT and small corral into Lot 117 of Bonita Ridge Estates, 4392 ACACIA AVENUE Unit No. 2 Subdivision. The Director of Parks & Recrea- tion had no objections to the continued encroachment. The permit will contain a clause that the encroaching structures must be removed at the owner's expense upon 30 days' notice from the City of Chula Vista. 7. RESOLUTION NO. 8824 - On August 17, 1977 Mr. Louis S. Cohen, Vice President of ACCEPTING REPORT E1 Rancho del Rey, Inc., submitted a petition for the DECLARING THE CITY'S formation of an open space district. A preliminary report INTENTION TO ESTABLISH was submitted by the Directors of Parks & Recreation and CHULA VISTA OPEN SPACE Public Works to the Planning Commission on September 1, DISTRICT NO. 9 AND 1977. The exterior boundary of the proposed district is SETTING THE TIME AND the same as the boundary for E1 Rancho del Rey, Unit PLACE FOR HEARING No. 5 Subdivision. Staff recommended that the public THEREON hearing be set for October 18, 1977. (END OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCE, FIRST READING 8. RESOLUTION NO. 8825 - The San Diego Economic Development Corporation is the APPROVING CITY MEMBERSHIP largest organization of its kind in the County. It is IN SAN DIEGO ECONOMIC an arm of the San Diego Chamber of Commerce and is par- DEVELOPMENT CORPORATION tially funded from memberships requested of cities and AND APPROPRIATING FUNDS from a large contribution from the City of San Diego. THEREFOR The City Manager and Director of Community Development recommended approval of the fee of $1000 which will entitle the City to participate in the organization's programs relative to the procurement of new industry. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Scott, Egdahl, Hobel Noes: None Absent: Mayor Hyde 9. RESOLUTION NO. 8826 - By Resolution No. 7735, the City Council approved an APPROVING AGREEMENT AND agreement with the State of California for joint partici- GRANT OF EASEMENT FOR pation in the realignment of North Glover Avenue. In STORM DRAIN ACROSS NEW this agreement, the State agrees to grant a drainage DEPARTMENT OF MOTOR easement for the storm drain across the Department of VEHICLES SITE Motor Vehicle site lying between North Glover and Third Avenue. The easement is required so that the City may have entry to the site to maintain and make any needed repairs to the drainage facility. 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, Egdahl, Hobel, Cox Noes: None Absent: Mayor Hyde City Council Meeting -4- September 20, 1977 10. RESOLUTION NO. 8827 - Bids were received on August 17, 1977 for this project REJECTING BIDS FOR THE which includes a minor modification to the existing CONSTRUCTION OF MUELLER parking lot, the construction of a concrete multi-purpose NEIGHBORHOOD PARK, court and the construction of a wood overhead structure. PHASE II Two bids were received and the low bid exceeds the Engineer's estimate by $8,969.50 (or 32%). The City's Consultant, Steven L. Halsey, recommended that the Council reject the bids and re-advertise. 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, Egdahl, Hobel, Cox Noes: None Absent: Mayor Hyde 11. ORDINANCE NO. 1767 - The ordinance brings the Municipal Code into conformance AMENDING SECTION 8.08.080 with the County Code of Regulatory Ordinances, which AND ADDING A NEW SECTION, provides for year-round renewal of public health permits. 8.08.082 OF THE CHULA VISTA This will assure each applicant of twelve months service MUNICIPAL CODE RELATING TO for a full year's fee. The amendments have been re- HEALTH PERMIT FEES - quested by the County Department of Public Health and FIRST READING will be enforced by them. 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 of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: Mayor Hyde CONTINUED MATTERS AND SECOND READING OF ORDINANCES 12. ORDINANCE NO. 1764 - The reimbursement districts would enable developers who AMENDING TITLE 15 OF THE install public improvements benefiting properties other CHULA VISTA MUNICIPAL than their own to recover a fair and reasonable amount CODE BY ADDING THERETO of money from the benefited properties. The procedure A NEW CHAPTER 15.50 ALL would be in addition to or supplemental to currently RELATING TO REQUIREMENTS available assessment district procedures. The ordinance AND PROCEDURES FOR was placed on first reading at the meeting of September 13, REIMBURSEMENT OF PERSONS 1977. CONSTRUCTING PUBLIC IMPROVEMENTS BENEFITING PROPERTIES OTHER THAN THOSE OWNED BY THE DEVELOPER OR CONSTRUCTED AT THE EXPENSE OF THE CITY CONFERRING SIMILAR BENEFITS - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott 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 of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: Mayor Hyde City Council Meeting -5- September 20, 1977 13. ORDINANCE NO 1765 - The ordinance changes all violations of the Municipal AMENDING CHAPTER 1.20 Code from misdemeanors to infractions. Infractions do OF THE CHULA VISTA not carry with them the right to appointed counsel and MUNICIPAL CODE CHANGING jury trials which represents a great savings to County VIOLATIONS OF SAID CODE taxpayers for trials of matters which deal with what FROM MISDEMEANORS TO might generally be called minor public offenses. The INFRACTIONS - SECOND ordinance was placed on first reading at the meeting of READING AND ADOPTION September 13, 1977. Ordinance placed on It was moved by Councilman Scott 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 of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: Mayor Hyde 14. ORDINANCE NO. 1766 - The present chapter to the City's Municipal Code makes AMENDING CHAPTER 2.60 OF provision for the sale of unclaimed property but does THE CHULA VISTA MUNICIPAL not in its present from contain provisions similar to CODE BY ADDING THERETO A those of state law which established a procedure for NEW SECTION 2.60.150 ALL allowing the return of such unclaimed property to the RELATING TO THE PROCEDURE finder or saver. The ordinance was placed on first FOR VESTING OF TITLE IN reading at the meeting of September 13, 1977. THE FINDER OR SAVER OF LOST OR STOLEN ARTICLES DELIVERED TO THE CHULA VISTA POLICE DEPARTMENT - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott 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 of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox Noes: None Absent: Mayor Hyde 15. REPORT OF THE CITY MANAGER a. ALLEY IMPROVEMENTS - During consideration of the Community Block Grant budget, COMMUNITY BLOCK Council approved the inclusion of alley improvements in GRANT FUNDS the Town Centre area. In a written report to Council, the City Manager explained that it was necessary to get Council's final approval of the following alleys in order to complete the improvements in this fiscal year: 1. Between Church and Del Mar; Center and Madrona 2. Between Del Mar and Second; Madrona and "G" 3. The dedicated portion of the "Pizza" alley - off Madrona where it meets the drainage channel. Motion to proceed with It was moved by Councilman Egdahl, seconded by Mayor alley improvements Pro Tempore Hobel and unanimously carried by those present that the staff proceed with the improvements as laid out in the staff's report - the two alleys and a portion of one (alley). City Council Meeting -6- September 20, 1977 b. RETIREMENT OF City Manager Cole announced the retirement plans of the CITY LIBRARIAN City Librarian, Bluma Levine, as of the end of this year. e. MANAGER PRO TEMPORE Mr. Cole asked Council's permission to appoint Larry Wittenberg of his office as Manager Pro Tempore for September 26-27-28, 1977 while he and the Assistant City Manager attend the League Conference in San Francisco. Mr. Cole stated that he will have daily contact with his office during this period. Motion to grant permission It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried by those present that permis- sion be granted. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT ON CONSTRUCTION The Director of Public Works Robens submitted a written SCHEDULE FOR CIVIC report in which he attached a construction schedule for CENTER RENOVATION the renovation of the Civic Center. Bids for the renova- tion of the Post Office and Library buildings will be received on October 13, 1977 and an estimated 9-month construction period will complete the project phase by August 1, 1978. Report accepted It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried by those present that the report be accepted. 17. REPORT ON LIST OF City Librarian Bluma Levine submitted a report to the NEW LIBRARY BOOKS Council listing the following public tally of tbe listing of new books prepared each month: March - 6 June - 24 April - 30 July - 13 May - 29 August - 35 Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman and not prepare future Cox and unanimously carried by those present that the lists report be accepted and the Council no longer requires the preparation of such a list. Herb Lathan Mr. Lathan, Chairman of the Library Board of Trustees, 631 Carla Avenue explained that only a very few people ask for the list Chula Vista which is kept at the Information Desk. Another compila- tion listing all new books received is also available for the public. The Library Board feels the preparation of this particular list is a waste of the staff's time. 18. REPORT ON STATUS OF THE Director of Public Works Robens submitted a report on the BIKE ROUTES SYSTEM status of the Bike Routes System. The report outlines a brief history of the Bicycle Committee, the development of the Bike Element of the General Plan, the various types of bicycle routes and their applicability to the City's system, plus some of the controversial issues involved in implementing the Bike Routes Element of the General Plan. The recommendation of the staff is that the charge to the Safety Commission be more clearly defined so as to have them concentrate their efforts on: (1) updating the City Code regarding bicycle matters and (2) review and revise the Bicycle Routes System and the types of routes to be used on that system. City Council Meeting -7- September 20, 1977 Recommendations It was moved by Councilman Scott, seconded by Mayor Pro accepted Tempore Hobel and unanimously carried by those present that the staff recommendations be accepted. Motion for staff It was moved by Councilman Cox, seconded by Mayor Pro report regarding Tempore Hobel and unanimously carried by those present bike racks on that the staff consider the practicality of placing City buses bicycle racks on the City buses. 19. REQUEST TO HOLD THE The Chula Vista Jaycees requested permission to hold their FIESTA DE LA LUNA, annual Fiesta de la Luna parade, carnival and fair on OCTOBER 13-16, 1977 October 13-16, 1977 and for a waiver of all applicable permits and fees. Director of Public Works Robens reported that the esti- mated costs for labor and equipment for street sweeping and general cleanup will be approximately $1,170. Parks & Recreation estimate their operational cost to be $420; Police costs - $70. It was the recommendation of the staff that approval be granted of the requests. Motion to grant approval It was moved by Councilman Egdahl, seconded by Council- man Scott and unanimously carried by those present that approval be granted. 20. REQUEST TO HOLD THE FIFTH (See page #2) ANNUAL BONITAFEST - OCTOBER 1 AND 2, 1977 21. REPORT ON CONSTRUCTION A written report was submitted to the Council by the AND/OR RECONSTRUCTION Director of Public Works Robens in which he explained OF THIRD AVENUE FROM that in the near future, additional traffic loading "G" TO "K" STREETS will be imposed on Third Avenue by the South Bay Regional Court Facility. The widening from "G" to "K" Streets is shown in the 1977-78 Capital Improvement Program for funding in fiscal year 1978-79. The travelway will be widened from 56 feet to 64 feet estimated at a cost of $687,000. Staff proposes use of $239,000 of Federal Aid Urban funds for the project - the remainder or $448,000 may be financed with either Revenue Sharing, Gas Tax or Redevelopment Agency Funds. Undergrounding of utilities is scheduled for fiscal year 1978-79, a portion of which will be paid for by the County (between "H" and "I" Streets) in conjunction with the Regional Court facility. The remainder will be financed through funds allocated to the City by San Diego Gas & Electric. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried by those present that the report be accepted. MAYOR'S REPORT Hatch Act Mayor Pro Tempore Hobel referred to a latter received from Mayor Peter Wilson (San Diego) and the Mayor of Kansas City regarding legislation on HR 10 and S 80 which repeals the Hatch Act. City Council Meeting -8- September 20, 1977 Referred to Legislative It was moved by Mayor Pro Tempore Hobel, seconded by Committee Councilman Scott and unanimously carried by those present that this be referred to the Legislative Committee for a report back to Council. COUNCIL COMMENTS Legislative Committee Councilman Cox read a letter signed by Mayor Pro Tempore Report Hobel which will be sent to Governor Brown tomorrow sup- porting AB 1533 by Assemblyman Knox which provides revi- sions to annexation proceedings. Social Security proposal Councilman Cox stated that a proposal is now being con- sidered to require every employee to be covered by Social Security. If this Bill passes, it will cost the City of Chula Vista approximately $450,000 a year - or 6.05% of the total payroll - to meet this requirement. Motion to oppose Bill It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried by those present to con- tact the City's legislators in Washington, D.C. urging them to oppose this Bill. EXECUTIVE SESSION It was moved by Councilman Cox, seconded by Mayor Pro Tempore Hobel and unanimously carried by those present that the Council recess to Executive Session after the close of the business meeting, for possible litigation matters. BEAUTIFICATION OF It was moved by Councilman Scott, seconded by Mayor Pro MARINA AREA Tempore Hobel and unanimously carried by those present for a staff report, in two weeks, of the Port District's plans for beautification of the marina area. Low Income Citizens Councilman Egdahl announced that the next meeting of the Housing Committee Low Income Citizens Housing Committee will be held on Thursday, September 22, 1977 at 7:00 p.m. in the Council Conference Room. Recess to Executive Session The Council recessed to Executive Session at 7:36 p.m. and the meeting reconvened at 8:24 p.m. ADJOURNMENT Mayor Pro Tempore Hobel adjourned the meeting at 8:24 p.m. to the Council Conference scheduled for Thursday, September 22, 1977 at 4:00 p.m.