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.