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HomeMy WebLinkAboutcc min 1977/04/05MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday - 7:00 p,m, April 5, 1977 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7100 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Scott, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff present: City Manager Cole, Assistant City Manager Asmus, Assistant City Attorney Beam~ Director of Public Works Robens, Assistant Director of Planning Williams, Director of Finance Grant, Deputy City Manager Wittenberg, Transit Coordinator Connor~ Administrative Analyst Dennison The pledge of allegiance to the Flag was led by Mayor Scott followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the minutes of the meetings of March 24, and 29, 1977 be approved, copies having been sent to each Councilman. 2, SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF In accordance with Council's directive, members of the JOSEPH SCANNICCHIO, Board of Directors of the Chamber of Commerce will be COUNCIL GUEST invited to sit with the Council at the dias during regular Council meetings. Mr. Joseph G. Scannicchio, President of the Board of Directors, was introduced by Mayor Scott, Mr, Scannicchio expressed the Chamber's appreciation for the opportunity for members of the business community to view Council procedures in this manner for a better understanding of City government. b. PRESENTATION BY Mrs. Judith Bauer Member, introduced Mr. Nelson, General JUDITH BAUER AND Manager who outlined the Regional Transportation Plan and ROBERT W, NELSON discussed the selection of corridors and funding. Mr. OF THE SAN DIEGO Tom Larwin, Planning Director made a slide presentation METROPOLITAN TRANSIT discussing the various alternatives of possible fixed DEVELOPMENT BOARD guideway alignments in the San Diego region, particularly as they affect the City of Chula Vista. He noted that the MTDB has adopted a set of principles regarding the study of design and transit development and has asked for input from the Cities involved. Council discussion Council discussion followed particularly concerning funding under SEA 15 (a proposition passed allowing gas tax money to be used for fixed transit) and Senate Bill 32S. Mr. Nelson stated that eventually he felt funds would also be available from UMTA (Urban Mass Transportation Administration), City Council Meeting -2- April 5, 1977 SDT budget projects Mr, Nelson referred to San Diego Transit Corporations a shortage request to divert the Local Transportation Funds (LTF) which have been set aside for planning and administration of the fixed guideway project to transit operations during the current fiscal year. The SDT budget has not yet been reviewed, but it projects an apparent $288~000 "shortfall." Mr. Nelson said the staff has resisted efforts of SDT to use up capital funds set aside to build a fixed guideway system. Mrs, Bauer concluded by stating that the MTDB would like to know if there is a better way to communicate to keep the Council informed of the studies being made so that the City can be involved. Council members suggested that if reports were made on a regular basis at Council Conferences now scheduled for the second and fourth Thursday, that it would be appropriate to invite Mr. Camacho or other representatives to make presentations on perhaps a quarterly basis. Motion for quarterly It was moved by Councilman Cox, seconded by Mayor Scott reports on a regular and unanimously carried that staff be directed to basis docket, on a quarterly basis, reports of the Metropolitan Transit Development Board. c. PROCLAMATION Mayor Scott read the Proclamation and presented it to PROCLAIMING MAY 17, Mr. Scannicchio, President of the Chula Vista Chamber 1977 AS CHULA VISTA of Commerce, CHAMBER OF COMMERCE MEMBERSHIP DRIVE DAY ORAL COb~UNICATIONS Herb Lathan Mr, Lathan presented the Council with a copy of the 631 Carla Street proposed California Library Services Act, As a member Chula Vista of the State Library Board, Mr. Lathan explained the purpose of the legislation--to mobilize the library resources of the entire State to provide a statewide bibliographic service and encourage universal borrowing and interlibrary loans. He asked that the Council review the Legislative Council's draft and support it by approving the concept. Motion to refer It was moved by Mayor Scott, seconded by Councilman to the Legislative Cox and unanimously carried that this be referred to Committee the Legislative Committee for comment. Bob Crane Mr. Cran¢~ Prosidont of tho South San Diego Bay Cities 4750 Butternu~ Hollow Lane Board of Realtors~ explained their policy in conducting Bonita public forums for candidates. The forums are provided as a community service and the Board has no prior knowledge of any remarks made by various candidates. They will continue to sponsor forums, maintaining a neutral posture at all times. City Council Meeting -3- April 5, 1977 Jim Ladd Mr. Ladd stated that he is Chairman of the Fiesta de 210 "G" Street la Luna, In planning this fiestaj they would like to Chula Vista invite former President Gerald Ford to participate. The Chula Vista Jaycees requested that the City adopt a resolution inviting Mr. Ford to participate Motion for resolution It was moved by Mayor Scott, seconded by Councilman Hyde and unanimously carried that a resolution be drafted and brought back to the Council (inviting Mr. Ford to participate in the xctivities of the Fiesta de la Luna). Sid Morris Mr. Morris asked for further clarification on the 862 Cedar Avenue requirements for landscape plans. He declared that the Chula Vista present policy deprives a property owner of his rights and asked if this was the Council's intent and whether in fact the services of a landscape architect are required. Don Painter Mr. Don Painter told the Council about plans for landscaping 920 Beech Avenue the Lions Community Center which were rejected by the Chula Vista Planning staff as they were not prepared by a licensed Council discussion The Council and staff discussed the requirements of the landscape manual and the position of the Council in protecting the rights of all citizens. It was acknowledged that the language in the manual could be softened in the requirements for landscaping rather than the Latin terminology but this may result in inadequate plans that require a great deal of staff time and assistance. Motion to review It was moved by Councilman Egdahl, seconded by Councilman requirements in Hyde and unanimously carried that the Landscape Manual Landscape Manual be brought back for review at a Council Conference on at Council Conference that particular subject with recommendation from the staff on softened language to be considered. CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the Consent Calendar be approved and adopted. 3. RESOLUTION NO. 8563 In accordance with Section 22932.5 of the Elections ORDERING THE CANVASS Code of the State of California, the Council directed OF THE SPECIAL the City Clerk to canvass the results of the election ELECTION TO BE HELD to be held April 12, 1977. The results will be ON THE 12TH DAY OF certified at the meeting of April 19, 1977. APRILj 1977, TO BE MADE BY THE CITY CLERK OF THE CITY OF CHULA VISTA 4. RESOLUTION NO, 8564 The North Pony Youth Baseball League proposed to APPROVING AMENDMENT TO enhance their spectators enjoyment of league play by FACILITY USE AGREEMENT the installation of a lighted scoreboard at their game BETWEEN THE CITY OF field and requested a modification to Provision ~ of CHULA VISTA AND THE Condition II of the use agreement. Staff recommended NORTH PONY YOUTH BASE- approval of the request based upon the Eeague's willingness BALL LEAGUE~ AND to accept all liability and maintenance costs for the AUTHORIZING THE MAYOR scoreboard, TO EXECUTE SAID AMENDMENT City Council Meeting -4~ April 5~ 1977 5, RESOLUTION NO, 8565 In 1974, the City ¢oDncil approved a lien agreement RELEASING LIEN GUARANTEEING which placed a lien in the amount of $2,000 against THE INSTALLATION OF PUBLIC the property of Patricia Rennet at 556 "G" Street IMPROVEMENTS ON PROPERTY to guarantee installation of the alley improvements OWNED BY PATRICIA RENNER at the rear of the property. On March 29, 1977 a AT 556 '~G" STREET IN THE construction permit was issued and a bond posted for CITY OF CHULA VISTA the construction of the alley improvements. (END OF CONSENT CALENDAR) AND FIRST READING RESOLUTIONS ORDINANCES, Unanimous Consent Item: 6. RESOLUTION NO, 8566 Councilman Hyde asked that he be excused ~rom participation APPROPRIATING FUNDS FOR on this item as he was advised by the Board of Ethics EXCESS WORKER'S COMPENSATION that he shoul~ abstain from any action due to a possible INSURANCE conflict of interest. No conflict of In answer to a query from Mayor Scott, Assistant Attorney interest under State Beam stated that the procedural ordinance allows a Law Council Member to abstain for cause acceptable to the Council. Mr. Beam said that he could not find under State Law any disabling conflict which would prevent Councilman Hyde from voting; however based upon the recommendation of the Board of Ethics, the Council can find sufficient cause to excuse Councilman Hyde. Motion for Councilman It was moved by Mayor Scott, and seconded by Councilman Hyde to abstain Egdahl that the Council finds cause and accepts Councilman Hyde's statement to abstain from action on this item, Motion carried The motion to excuse Councilman Hyde carried by the following vote, to-wit: AYES: Mayor Scott, Councilman Egdahl, Councilman Cox Noes: Councilman Hobel Absent: None Abstain: Councilman Hyde Councilman Hobel stated that since there was no conflict of interest, he did not feel it necessary for Councilman Hyde to abstain. (Councilman Hyde left the podium at this time) Additional City Manager Cole stated that following the Council quote reduces Conference regarding this item, the broker indicated cost to City that American Home ComDany had an additional quote for a $1,000,000 liability limit and a $200,000 deductible which would reduce the cost to the City to $15,000 as opposed to $19,900 with a deductible of $250,000. Council discussion Further Council discussion ensued as to whether the City should go "bare" on this insurance or on genera] liability; the necessity of building City reserves before going "bare"i and for the City to be self-insured. City Council Meeting -5- April 5, 1977 Resolution offered Offered by Mayor Scott, the reading of the text was waived by unanimous consent of those present, passed and adopted by the following vote, to-wit: AYES: Mayor Scott, Councilmen Egdahl, Hobel, Cox Noes: None Absent: Councilman Hyde (Councilman Hyde returned to the podium following action on Item No, 6,) 6,a. RESOLUTION NO, 8S67 The Metropolitan Transit Development Board (MTDB) is ESTABLISHING POLICIES FOR charged with the planning and construction of fixed GUIDEWAY TRPuNSIT ALIGN- guideway transit in the San Diego area and they have MENT IN CHULA VISTA issued two reports outlining possible fixed guideway alignments in the San Diego region. Since the proposed alignment will go through Chula Vista, staff recommended that the City Council adopt policies relative to the alignment in the City to be forwarded to the MTDB for consideration at a meeting to be held April 11, 1977. Resolution offered Offered by Councilman Hobel with the deletion of Item 2 of the recommendation: "Request that MTDB evaluate a Fifth Avenue (Chula Vista) alignment during preliminary engineering of the project~ (as shown in the staff report). Clarification of Transit Coordinator Conner explained that in making the staff recommendation recommendation, staff was not taking a specific position concerning Fifth Avenue, but rather was asking that the Council adopt a position and policy regarding what they would like the fixed guideway transit to do for Chula Vista. Motion for amendment It was moved by Councilman Hyde that the resolution, as to resolution prepared, have the words "Fifth Avenue" striken and replaced with the word "downtown" so the wording would read: "WHEREAS, it is now desired ... to adopt a policy for the establishment of a guideway transit alignment in Chula Vista which would essentially adhere to a downtown alignment during preliminary engineering of the project." No second to motion The motion died for lack of a second Amendment to resolution It was moved by Councilman Egdahl and seconded by Councilman Hyde that the resolution be amended by striking in the second "WHEREAS" the part of the sentence which begins with the words "which would essentially adhere to a Fifth Avenue alignment" -- striking that entire portion of the sentence which ends with the word '~project," and end that paragraph with the words "Chula Vista," (The paragraph to read: "WHERFAS, it is now desired, in accordance with the recommendations of the Director of Public Works and the City ManagerI to adopt a policy for the establishment of a guideway transit alignment in Chula Vista,") Amendment carried The motion to amend the resolution carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde Noes: Mayor Scott, Councilman Cox Absent: None City Council Meeting -6- April 5, 1977 Resolution offered Offered by Councilman Hobel, as amended, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl Noes: None Absent: None RECESS A recess was called at 8:30 p.m. and the meeting reconvened at 8:39 p.m. 7. RESOLUTION- In anticipation of the renovation of the old Library/ APPROVING AGREEMENT Post Office complex into a Municipal Operations Building BETWEEN THE CITY OF a study of duplication requirements was conducted to CHULA VISTA AND IBM determine future needs. It was recommended that the Civic CORPORATION FOR COPIER Center Xerox 7000 copier be replaced by an IBM Copier III EQUIPMENT AND SERVICES commencing July 1, 1977. The IBM Copier III will be moved to the Municipal Operation Building and a lower capacity Xerox copier will be placed in the Civic Center. Cost conclusions Councilman Egdahl questioned the staff conclusions questioned concerning the cost, stating he could not find justification for shifting from the present copier to a new one at this time. Copying equipment to City Manager Cole responded that the Departments will be moved to renovated be consolidating in the new building and copying building equipment will be moved there. An additional machine will have to be located in the Civic Center and the need to make the shift now is due to the poor copies and problems the staff is experiencing with the Xerox 7000. Motion to hold item over It was moved by Councilman Egdahl, ~econded by Councilman one week Hyde and unanimously carried that this item be held over for one week to give Councilman Egdahl an opportunity to discuss this personally with staff and allay his concerns. Use of acronym questioned Councilman Hyde expressed his concern over the use of the acronym "MOB" in referring to the old Library/Post Office complex as the Municipal Operations Building. The Council concurred that this was not an appropriate name for the building and that this will be changed. 8. RESOLUTION NO. 8568 The South Bay Irrigation District asked that the City APPROVING THE ACTION OF Council concur with their action to place on the ballot THE SOUTH BAY IRRIGATION of the May 31, 1977 election a proposal to issue DISTRICT TO PLACE A BOND $22,500,000 worth of revenue bonds to provide funds for ISSUE IN THE SUM OF the acquisition of the California-American Water Company. $22,500,000 ON THE MAY 31, 1977 ELECTION BALLOT FOR THE ACQUISITION OF THE CALIFORNIA-AMERICAN WATER COMPANY Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Scott, Egdahl, Hobel Noes: None Absent: None City Council Meeting -7- April 5, 1977 9. ORDINANCE NO. 1739 The cost of materials has risen significantly in recent AMENDING SECTION 12.44.020 years and the new fee schedule will allow the City OF CHAPTER 12.44 OF THE to recover all costs for sign installation. CHULA VISTA MUNICIPAL CODE TO INCREASE THE FEES FOR NAME AND REGULATORY SIGNS Ordinance placed on It was moved by Councilman Cox that this ordinance be first reading placed on its first reading and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Scott, Egdahl, Hobel, Hyde Noes: None Absent: None CONTINUED ~TTERS AND SECOND READING OF ORDINANCE (Item 10 considered following Item 11) 11. ORDINANCE NO. 1738 The number of cardroom licenses is restricted to one per AMENDING SECTIONS 25,000 residents; in order to transfer the license of 5.20.030 AND 5.20.040 all but existing license holders, licensees must have OF CHAPTER 5.20 OF been in business in a fixed location for a period of THE CHULA VISTA one year; an application fee of $300 is required (which MUNICIPAL CODE ALL will be refunded - except for $25 handling costs - if RELATING TO THE the applicant is not successful in the lottery for LICENSING AND NUMERICAL available licenses); and the open period for application LIMITATION OF CARDROOMS is restricted to the month of ~lay of each year. IN THE CITY OF CHULA VISTa- SECOND READING AND The ordinance was placed on first reading on March 29, 1977. ADOPTION Requirement for Councilman Hobel questioned if the requirement that transfer of license licensee5 must be in business in a fixed location for a period of one year before a license can be transferred referred to new licenses and not to present license holders. Mayor Scott clarified that the intent of the Council as expressed at the last meeting was to "grandmother" in the existing license holders and this requirement would not apply to them. He asked that the record reflect this intent. Ordinance placed It was moved by Councilman Cox that this ordinance be on second reading and placed on its second reading and adopted and that read- adopted lng of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Scott, Egdahl, Hobel, Hyde Noes; None Absent: None 10. REPORT ON STATUS OF The Engineering ~taff has completed plans for the widening TELEGRAPH CANYON ROAD of Telegraph Canyon Road from Interstate 805 to a location PROJECT, HALECREST 800 feet west of Brandywine Avenue. In a written report, DRIVE TO 800 FEET WEST TO Director of Public Works Robens stated that the latest BRANDYWINE AVENUE Engineer's estimate, based upon completed plans, is $218,000 (Continued from which is $106,000 over the amount currently budgeted in meeting of 3/29/77) the Capital Improvement Program for this project. City Council Meeting -8- April 5, 1977 The staff presented three alternate proposals and recommended Alternate II at the meeting of March 29, 1977, at which time the Council directed that a further review be made. Motion to accept report It was moved by Councilman Hobel and seconded by Mayor Scott that the report be accepted. Oral Report - Director of Public Works Robens said staff is now recommending Fourth alternative that the fourth alternative be approved which requires that Telegraph Canyon Road in the subject area be constructed at the same quality as Telegraph Canyon Road in E1 Rancho del Rey Unit S project. Mr. Robens described the requirements in detail including width of lanes (four), paved medians, grading, base materials, and full transition between Crest Drive and Pasco del Rey. Funds are available from Gas Tax Projects, together with existing budgeted amounts. Total estimated cost is $269,000. This construction will be applicable to the ultimate widening of Telegraph Canyon Road with the fifth and sixth lanes to be added. Addition to motion- Councilman Hobel added to the motion the inclusion of oral report and the oral report with the staff's recommendations. Mayor recommendations - motion Scott agreed as the second, and the motion carried carried unanimously. REPORT OF THE CITY MANAGER Board of Supervisor's City Manager Cole asked if any Council Member was planning meeting regarding Metro to attend the Board of Supervisors meeting on Thursday, Sewer System April 7 at 9:00 a.m. regarding the Metropolitan Sewer System. Three staff members will be attending. Councilman Hobel said he is planning to attend. Council Conference - Mr. Cole announced that Mr. King will be present at the April 28, 1977 Council Conference of April 28. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 12. REPORT ON EMERGENCY In a written report, Director of Public Works Robens TELEPHONES FOR 1-805 stated that CALTRANS has indicated they do not intend FREEWAY to install emergency telephones on freeway projects in San Diego County; however, they would be receptive to allowing other agencies to install them. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried that the report be accepted. Mayor Scott requested that a copy of the report be sent to Mr. Ratay of the Montgomery Fire District, and he will send a letter in that regard. City Council Meeting -9- April 5, 1977 REPORTS, REQUESTS AND RECOb~qENDATIONS OF CITY BOARDS AND CO~qlSSIONS 13. RECON~qENDATION The Safety Commission expressed concern that the posting CONCERNING POSTING of 30 m.p.h, speed limit signs in the immediate area of OF SPEED LIMIT school zones is extremely confusing to motorists. (State SIGNS WITHIN SCHOOL ZONES Law provides for a 25 m.p.h, speed limit when children are in school - an7 other posted limit would apply at all other time.) The Commission recommended that all speed limit signs of more than 2S m.p.h, within a marked school zone by removed. Motion to refer to staff It was moved by Councilman Cox, seconded by Councilman Hyde and unanimously carried that this be referred to staff. MAYOR'S REPORT County Task Force Mayor Scott reported that Supervisor Lucille Moore is regarding abandonment of temporary chairman of a task force formed by the Board of San Diego Arizona Supervisors for the purpose of preparing a presentation Eastern Railway to the Interstate Commerce Commission regarding the abandonment of the San Diego and Arizona Eastern Railway. They will be meeting on a continuing basis, with approximately two meetings a month. Mayor Scott stated he will attend the first meeting of April 11. Suggestion for Mayor Scott referred to discussion that has been held Council support of regarding a prison facility in the 0tay Mesa area. prison facility He suggested that the Council go on record as supporting this facility, as he felt this is of regional importance. Motion for resolution It was moved by Mayor Scott, seconded by Councilman Cox and unanimously carried that a resolution be brought back to the Council with the Council's endorsement of the prison facility in the Otay Mesa area. COUNCIL COMMENTS Request for four way Councilman Hyde commented on the fact that Oleander stop sign - Oleander Avenue is now open to Greg Rogers Park and that a request and East Naples has been made for the installation of a four-way stop sign at Oleander and East Naples. Report be prepared Director of Public Works Robens said this was referred previously to the Engineering Department. They are making a study of traffic in this area and a report will be submitted to the Council. Commendation tO Councilman Cox commended Mr. Connor, Transit Coordinator, Dave Connor on the institution of the "Downtowner" shuttle bus. Election headquarters Councilman Cox referred to a notice from City Clerk Jennie at Youth Center Fulasz concerning the election headquarters to be set up at the Youth Center on April 12 starting at 8:00 p.m. at 385 Parkway. Refreshments will be served. City Council Meeting -10- April S, 1977 Request to be excused Councilman Egdahl asked to be excused from the Redevelopment from meeting Agency meeting scheduled for Thursday, April 7 at 7:00 p.m. Motion to reschedule It was moved by Councilman Hobel and seconded by Councilman the Redevelopment Agency Hyde that the Redevelopment Agency meeting be rescheduled meeting to Thursday, April 14, 1977. Motion ruled of Mayor Scott ruled that the motion was out of order as order - this is not a Redevelopment Agency meeting. He said Redevelopment Agency that after the Council meeting, he would entertain a meeting to be called motion to go into a Redevelopment Agency meeting to take action on a motion to reschedule the meeting of April 7. Sewer capacity Councilman Hobel questioned whether staff is considering reserve a recommendation at budget sessions as to what the City might do in regard to reserve sewer capacity in the future:to continue on the present program or not. Director of Public Works Roberts responded that staff is investigating this and a recommendation will be made at budget time. 14. WRITTEN COMMUNICATIONS a. VERIFIED CLAIM FOR Marc R. Cahalan submitted a verified claim in the DAMAGES - MARC R. amount of $25,000. CAHALAN, 1109 DEL MAR AVENUE, CHULA VISTA Motion to deny It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the claim be denied and referred to the insurance carrier. Council Members Assistant City Attorney Beam advised that in the absence can request that of an agenda for the Redevelopment Agency, the Council Agency meeting be as Council Members should simply request that the meeting rescheduled scheduled for Thursday, April 7, be rescheduled to the following Thursday, April 14. Motion to reschedule It was moved by Councilman Hobel and seconded by Councilman Redevelopment Agency Hyde that staff be requested to reschedule the Redevelopment meeting meeting of Thursday, April 7 to Thursday, April 14, 1977. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Scott Noes: Councilman Egdahl Absent: None Suggestion that Mayor Scott commented that at one time, the Redevelopment Redevelopment Agency Agency met after the Council meetings. In order to meetings be scheduled be flexible, he suggested that after each Council meeting, at the conclusion of a Redevelopment Agency meeting be scheduled so that each Council meeting necessary business can be conducted by minute action. City Council Meeting -11- April 5, 1977 Motion to covene It was moved by Mayor Scott, seconded by Councilman Redevelopment Agency Hobel and unanimously carried that each week on the meetings following Council agenda it be so noticed that a Redevelopment Council meetings meeting is also scheduled. ADJOURNMENT Mayor Scott adjourned the meeting at 9:25 p.m. to the regular Council meeting scheduled for April 12, 1977 at 7:00 p.m. in the Council Chambers. JENNIE M. FULASZ, CMC City Clerk ~ ,, P Y ' y '