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HomeMy WebLinkAboutcc min 1977/01/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TIlE CITY OF CHU[A VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. January 18, 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, with the following Councilmen present: Mayor Scott, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff City Manager Cole, City Attorney Lindberg, Assistant present: City ~nager Asmus, Assistant Director of Public Works Lippitt, Director of Finance Grant, Director of Community Development Desrochers 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 Egdahl, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of January 6 and 11, 1977 be approved, copies having been sent to each Councilman. 2~ SPECIAL ORDERS OF TME DAY a. MAYOR'S STATE OF Mayor Scott delivered his State of the City Message, which THE CITY MESSAGE included comments on redevelopment programs, taxation, creative growth, regional growth programs, and annexation policies. He concluded with a compliment to the City Council for a reasonable approach to governmental affairs and to the staff for consistent and loyal support to the interests of the City. (Copy of the State of the City Message is on file in the City Clerk's office). RECESS A recess was called at 7:30 p.mo and the meeting recon- vened at 7:40 p.m. b. PRESENTATION OF SERVICE Sergeant Robert Lewis Kelso, Jr. was presented with a AWARD PIN TO ROBERT L. 20-year service pin by Mayor Scott. Sergeant Kelso joined KELSO, JR., POLICE the Chula Vista Police Department in 19S7 and is currently DEPARTMENT serving in the Services Division. c. RESOLUTION NO. 8476 - Offered by Councilman Egdahl, the text was read by the  CO~qENDING THE CHULA City Clerk, passed and adopted by the following vote, VISTA BICENTENNIAL to-wit: CO~qITTEE AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Scott Noes: None Absent: None ~layor Scott presented the resolution to Mr. Sid Cornell, Chairman of the Bicentennial Committee, expressing the Council's appreciation to Mr. Cornell, to James Mohr as the Bicentennial Coordinator, and to the Committee members for their efforts in planning programs and activities for the City to make 1976 a memorable bicentennial year. City Council Meeting -2- January 18, 1977 d. PRESENTATION OF Mayor Scott presented Certificates of Appreciation to CERTIFICATES OF various community organizations and citizens for their APPRECIATION - efforts and activities in celebrating 1976 as America's BICENTENNIAL - bicentennial year. TO VARIOUS COOl, UNITY ORGANIZATIONS/CITIZENS Supervisor Thomas D. Hamilton, Jr. was among those honored and Mayor Scott also presented him with a Certificate received from the United States Conference of Mayors for his support as a member of the Mayors Committee on the Bicentennial. Mr. Hamilton made a few brief comments on his continued support of the City's redevelopment program and bayfront development. Motion for resolution It was moved by Councilman Hobel, seconded by Mayor Scott recognizing the State and unanimously carried that a resolution be brought back of Nebraska to be adopted and forwarded to the Governor of the State of Nebraska acknowledging that the largest representation during the Ali States Program came from this State~ e. UNIFIED PORT DISTRICT Mr. Robert Campbell, Port Commissioner, introduced Mro MASTER PLAN PRESENTATION Don Nay, Port Director, and Mr. Fred Trull, Director of Planning of the Port District, who made a slide presenta- tion of the Master Plan of the Unified Port District. Mr. Nay answered questions from the Council concerning the Chula Vista bayfront area development, including the second entrance to the bay, landscaping, "J" Street Marina, and vandalism in that area. ORAL COMMUNICATIONS Joseph Raso Mro Raso presented the Council with photographs and brought 157 Murray Street them up-to-date on the drainage problem in the alley be- Chula Vista hind the La Bolla Pizza restaurant. Motion for staff It was moved by Councilman Hyde, seconded by Councilman recommendation Cox and unanimously carried that a recommendation be brought forth by the City Manager as to what action~ if any, should be taken on the part of the City to help re- solve this problem. Sid Morris Mr. Morris commented on the Town Centre Redevelopment and 862 Cedar Avenue Bayfront Development programso }{e challonged two promises Chula Vista made by the Council that the projects would not cost the taxpayers any money nor would there be any large scale condemnation of private property. He questioned an article in a local papor concerning the purchase of property with government funds and selling it to developers for less than the amount paid. Mr. ~orris asked the Council if an estimate of the ultimate cost of the Town Centre Redevelopment project could be given with a timetable of the estimated revenues~ He also questioned whether a developer would be selected or if this would go to a low bidder. Motion for comments It was moved by Councilman Egdahl, seconded by Councilman and response from Cox and unanimously carried that a transcript be requested Redevelopment staff from Mr. Morris of his comments and that tho Council refer them to the staff, particularly the Community Development Agency staff, for some kind of comment, evaluation and ap- propriate response. City Council Meeting -3- January 18, 1977 PUBLIC HEARING 3. PUBLIC HEARING - This being the time and place as advertised, Mayor Scott VACATION OF PUBLIC RIGHT opened the public hearing. OF WAY AT THE NORTHEAST CORNER OF BONITA ROAD Assistant Director of Public Works Lippitt reported that AND WILLOW STREET Foodmaker, Inc. had requested the vacation of a portion of the public right of way at the northeast corner of Bonita Road and Willow Street, adjacent to their new site for a Jack-in-the-Box fast food restaurant. The public hearing was held in accordance with the Street Vacation Act of 1941. In a written report~ Director of Public Works Robens recommended the proposed vacation, noting that the City will reserve and except from the vacation an easement for an equestrian path and for utilities. The Planning Commission also recommended approval of the request for the vacation. Public hearing closed There being no comments,~ either for or against, the public hearing was declared closed. Motion for resolution It was moved by Councilman Cox, seconded by Councilman Hyde and unanimously carried that staff be directed to bring back an appropriate resolution vacating the public right of way (at the northeast corner of Bonita Road and Willow Street). CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the Consent Calendar be approved and adopted. 4. RESOLUTION NO. 8477 ~ One of the conditions of approval for tentative parcel ACCEPTING GRANTS OF map No. 18-76 was for the owner to grant easements for EASEMENT FROM MABEL I. street purposes along the easterly portion of "D" Street LOVELL FOR STREET AND and for street tree purposes along "D" Street and Minor STREET TREE PURPOSES Avenue. Mabel I. Lovell granted the required easements to the City on October 5, 1976o 5. RESOLUTION NO. 8478 - In 1967 the City Council and the State of California APPROVING CONVEYANCE entered into a freeway right of way agreement which was OF QUITCLAIM DEEDS TO subsequently revised to provide for the realignment of THE STATE OF CALIFORNIA Brisbane Street° This resolution conveys properties ac- IN ACCORDANCE WITH THE quired by the City to the State in accordance with the BRISBANE STREET REALIGN- agreement, and in the near future, the State will relin- MENT AND HIGHWAY AGREEMENT quish excess right of way to the City. Upon conveyance of the properties involved, and one additional parcel in escrow, the City will have satisfied its obligations under the freeway right of way agreement. 6o RESOLUTION NO. 8479 - In 1975 the Voting Rights Act of 1965 was extended to re- APPROVING AGREEMENT quire certain election materials to be printed in Spanish. BETWEEN THE CITY OF The City Clerk was charged with providing for the Spanish CHULA VISTA AND DAVID translations from a list of approved Spanish language CROWLEY FOR TRANSLATION translators and interpreters of the Superior Court of the SERVICES AND AUTHORIZING County or from an institution accredited by the Western THE MAYOR TO EXECUTE Association of Schools and Colleges. SAID AGREEMENT City Council Meeting -4- January 18, 1977 Mr. David Crowley teaches at Southwestern College and has agreed to do the City's translations for the April 12 election. (End of Consent Calendar) ORDINANCE, FIRST READING 7. ORDINANCE NO, 1725 - At the meeting of January 11, 1977 the City Council accepted REPEALING CHAPTER 2.52 the report of the Assistant City Attorney in which he recom- OF THE CHULA VISTA mended that the Chula Vista Campaign Contribution and Ex- MUNICIPAL CODE, ALL penditure Ordinance be repealed. RELATING TO THE REGULA- TION OF CAMPAIGN CON- TRIBUTIONS AND EXPENDI- TURES IN THE CITY OF CHULA VISTA - FIRST READING AND ADOPTION Ordinance placed on It was moved by Councilman }{obel that this Ordinance be first reading and placed on its first reading and adopted and that the adopted reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hobel, }~de, Cox, Scott, Egdahl Noes: None Absent: None CONTINUED MATTER AND SECOND READING OF ORDINANCE 8. ORDINANCE NO. 1724 - At the meeting of January 11, 1977 the City Council AMENDING ZONING MAPS adopted the ordinance and put it on first reading. ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING THAT CERTAIN PROPERTY LOCATED SOUTH OF "F" STREET BETWEEN FIFTH AVENUE AND BROAD- WAY FROM R-3 TO R-1 AND R-2 ~ SECOND READING AND ADOPTION Ordinance placed on It was moved by Mayor Scott that this Ordinance be second reading and placed on its second reading and adopted and that reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Mayor Scott, Councilmen Hobel, Hyde Noes: None Absent: None Abstain: Councilman Egdahl (was not present at public hearing) Councilman Cox (due to a possible conflict of interest) 9. REPORTS OF THE CITY ~&IAGER a. REPORT ON REVISED City Manager Cole submitted the draft of a revised hand- BOARDS AND CO~ISSION book for Board and Commission memberso Upon approval of HANDBOOK Council, the Handbook will be distributed to the members of the various Boards and Commissions. City Council Meeting -5- January 18, 1977 Motion to accept report It was moved by Mayor Scott, seconded by Councilman Hobel and unanimously carried that the report be accepted. b. REPORT ON JOINT In response to Mr~ Jim Bates, Chairman of the Board of MEETING OF THE BOARD Supervisors, several dates were suggested by City Manager OF SUPERVISORS AND Cole for Council's consideration for a joint meeting of THE CITY COUNCIL the Board of Supervisors and the City Council to discuss matters which relate to the total County of San Diego~ Motion for joint It was moved by Councilman Egdahl, seconded by Councilman meeting with County Cox and unanimously carried that a joint meeting be Board of Supervisors scheduled for March 17, 1977 at 7:00 p.m. (at the County Administration Center). c. REPORT ON SUPERVISOR At the Council meeting of January 11, 1977 a letter from HAMILTON'S REQUEST FOR Supervisor Hamilton was referred to staff which included OFFICE SPACE a request for short-term office space. The City was asked to provide a room, telephone and desk for a field representative. In a written report, City Manager Cole suggested Conference Room C-1 in the new Library building° Motion to approve It was moved by Councilman Egdahl, seconded by Councilman report and offer Hyde and unanimously carried that the report be approved space in new Library and that the Council offer space in the new Library on a half-day per week basis with no staff support. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 10. REPORT ON DRAINAGE TOUR Director of Public Works Robens, in a written report, said that staff is working on a comprehensive drainage deficiency study which will cover both the drainage nui- sance problems in the City and also the major flooding problems° It was anticipated that this report will be finalized in late February or early March° Motion to accept report It was moved by Mayor Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. Motion for Council It was moved by Councilman Egdahl, seconded by Councilman tour on February 26 Hyde and unanimously carried that the date of Saturday, February 26, 1977 be set for a Council tour of drainage problem areas in the City. MAYOR'S REPORT Nominations for appointment Mayor Scott referred to a letter from the League of to League of California California Cities requesting nominations for appointments Cities Committees to League committees and announced that Councilman Hobel had expressed an interest to be on the Revenue and Taxa- tion committee. Councilman Cox said he would be interested in serving on the Community Development committee if there is still an opening. San Diego Transit seminar Mayor Scott said that the San Diego Transit is holding a scheduled for January 27 seminar on January 27, 1977 and they would like to have a representative from the City to attend. Applications are available from the Secretary to the Council if any of the Council members would like to attend the seminar. City Council Meeting -6- January 18, 1977 Clarification of City Clerk Jennie Fulasz addressed a letter to the Resolution No. 8475 Council requesting clarification of Resolution No. 8475 as to how the Council would like payment to be made for candidates statements when fractions of the 100, 200 or 300 signatures are submitted, i.e., 197 signatures or 250 signatures. Council action The Council reaffirmed their action for the City to pro- reaffirmed Vide one-third payment of the cost of the Candidate's Statement if 100 signatures are obtained, two-thirds pay- ment for 200 signatures, and the entire cost if the candi- date obtains 300 signatures of registered voters. P~layor Scott said the intent was to make payment in "even lots." Suggested policy when Councilman Egdahl asked whether a stipulation could be candidates fail to pay included in the resolution that, beginning with the coming any part of fees election, from here on anyone who in the previous election filed as a candidate and failed to pay any part of their candidate's statement fees, he would either not be eligible (to have the City pay for any portion of his candidate's statement) or the money the candidate owed the City would be deducted from the amount paid by the City for any future candidate's statement. City Attorney Lindberg said this issue would have to be examined, but he did not feel that this could be stipu- lated. Motion for legal It was moved by Councilman Egdahl and seconded by Council- opinion man Hob¢l that the Council ask for a legal opinion as to whether or not this kind of provision could be included in the resolution~ Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen Egdahl, Hobel NOES: Councilmen Hyde, Cox, Scott Absent: None Last meeting for Mayor Scott announced that this is the last Council Cecil Scaglione, meeting that Mr. Cecil Scaglione will be attending as Reporter for San a reporter from the San Diego Union. Diego Union Motion for resolution It was moved by Mayor Scott~ seconded by Councilman Hobel of com~nendation and unanimously carried that a resolution be brought back next week (January 25) commending Mr. Scaglione for his reporting the last couple of years. REQUESTS AND STATEMENTS OF COUNCILMEN Request from Little Councilman Hyde referred to the letter from Joe Trammell League for use of field of 1172 Oasis Avenue, Chula Vista, requesting exclusive rights to the Park View Little League field during the baseball season. Motion to refer to staff It was moved by Councilman Hyde and seconded by Councilman for recommendation Cox that this matter be referred to staff for comment and recommendation to the City Council for action, if any° Motion clarified Councilman Hyde clarified his motion, stating the intent is to solicit a proper response to the letter from the City Council over the signature of the Mayor. City Council Meeting -7- January 18, 1977 Substitute motion It was moved by Councilman 5gdahl, seconded by Mayor Scott and unanimously carried that a letter be prepared for the Mayor's signature in response to the request (from Mr. Trammell) stipulating that the Council basically feels that community-owned property must be available to all the citizens in the community. Councilman Hobel asked if the Council members could see the letter before it goes out. Reference to remarks Councilman Hyde referred to the remarks made by Mr. Sid by Mr. Sid Morris Morris (Oral Communications) stating the comments were appropriate and duly noted, but that they were general in nature and did not lend themselves to precise responses. Councilman Hyde said he concurred that the staff prepare a response to them, but upon reflection, he now feels it would not be in the best interest of the economy of govern- Motion to reconsider It was moved by Councilman [~de and seconded by Mayor previous Council action Scott that the Council action be reconsidered with a view to not doing it (not have staff prepare a response). Motion failed The motion failed by the following vote, to-wit: Ayes: Councilmen t~de, Scott NOES: Councilmen Cox, Egdahl, Hobel Absent: None Lack of sidewalk at Councilman Cox referred to a parcel of County-owned land Hilltop and "H" Street at the southwest corner of Hilltop and "M" Street which creates problem for has improved gutters but no sidewalks. Pedestrians must pedestrians walk into the street and around the parcel of land due to a steep bank down to the curb. Request for staff to Councilman Cox asked that the staff contact the County contact the County to requesting them to implement a 1911 Act to improve this get sidewalk installed particular parcel with a sidewalk. City Manager Cole explained that the money has been in- cluded to accomplish this project in the Block Grant pro- gram. Surplus property at Councilman EgdahI stated that sometime ago the City ac- 1-805 and "H" Street quired some surplus property from CalTrans at 1-805 and "H" Street interchange and discussed use of the property, possibly for a little league field. Motion to look into It was moved by Mayor Scott, seconded by Councilman Hobel development of property and unanimously carried that the use of this property be during budget sessions considered at Council budget review. Councilman Hobel to Councilman Hobel stated he will be out of town next be absent Tuesday, January 25 and possibly February 1. He requested permission to be absent from the Council meetings. He also said that a report is due back to the Council con- cerning the resolution on the E1 Rancho del Rey area, and asked that this report be held for the meeting of February 8 as he has several points he would like to make concerning Telegraph Canyon Road. City Council Meeting -8- January 18, 1977 Motion to excuse It was moved by Mayor Scott, seconded by Councilman Councilman Mobel and Hyde and unanimously carried that Councilman Hobel be hold item on E1 Rancho granted permission to be absent (for two meetings) and del Rey until February 8 that the item on E1 Rancho del Rey be postponed until February 8. 11. WRITTEN CO~NICATIONS a. REQUEST FOR LIMITATION The Chula Vista Chamber of Commerce requested that the OF $1,000 PER YEPu2 OF City Council limit the Utility Tax to $1,000 for any one THE UTILITY USERS TAX user per calendar year. Motion to accept City It was moved by Councilman Hobel and seconded by Councilman Manager's recommendation Hyde that the Council accept the City Manager's recommenda- and consider request at tion and consider this matter at budget session° budget session Councilman Hobel remarked that based on statements of the Hayor in his address on the State of the City, if Council members have any proposals on therms, they should start thinking about them at this time and work on them rather than wait until budget sessions. The Council concurred. Motion carried The motion to consider the request of the Chamber of Commerce at budget session passed unanimously. ADJOURNMENT Hayor Scott adjourned the meeting at 9:18 p.m. to the Council Conference scheduled for Thursday, January 20, 1977 at 4:00 p.m. JENNIE M. FULASZ, CMC City Clerk Deputy City Clerk