Loading...
HomeMy WebLinkAboutcc min 1976/11/23 MINUTES OF A REGULAR MEETING OF ~tE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 23, 1976 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 Itamilton, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff present: City ~{anager Cole, City Attorney Lindberg, Director of Public Works Robens, Director of Planning Peterson, Director of Parks and Recreation Hall, Fire Chief Smithey, Director of Purchasing Espinosa, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of November 10 and 16, 1976 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF TIlE DAY a. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation saluting the State WEST VIRGINIA of West Virginia. Members of the audience from this State were asked to stand and introduce themselves. b. PROCLAMATION - The Chula Vista Transit System and the San Diego Transit "RIDE-A-BUS" DAY Corporation are planning to conduct a joint transit pro- IN CttULA VISTA motion - "RIDE-A-BUS" DAY, December 14, 1976 in Chula Vista. Staff from the transit companies will man an information desk located in the lobby of the new Library, disseminating general transit information and answering specific route/schedule questions, biayor Hamilton presented the Proclamation to the Transit Coordinator, Dave Connor. c. OATH OF OFFICE - City Clerk Jennie Fulasz administered the oath of office SAFETY CO~4ISSIONER to Sandy R. Graves, newly appointed Safety Commissioner. d. COMPREHENSIVE PLANNING Mr. Stuart Schaffer and Ken Seltzer, representatives of ORGANIZATION PRESENTA- the Comprehensive Planning Organization, made a slide  TION ON 208 WATER QUALITY presentation on the 208 Water Quality Management Plan. MANAGEMENT PLAN Mr. Seltzer stated that CPO is trying to do three things: 1) protect the lagoons, bays, streams and ocean from water pollution problems; 2) assess the needs and come up with a program for waste treatment facilities; 3) help the local agencies coordinate the needs for waste treatment with the needs for such things as fire, police, schools; 4) in the next couple of months, they will ask for Council action concerning population forecast - both County-wide and this area in particular. ORAL COMMUNICATIONS None. City Council Meeting -2- November 23, 1976 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCE 3. PUBLIC HEARING - Community Hospital of Chula Vista requested a change of CONSIDERATION OF CHANGE zone for approximately 30 acres of the hospital site on OF ZONE FOR APPROXImaTELY Dora Lane from R-1-H to C-O-P, and approval of a precise 5 ACRES LOCATED AT 740 plan for a 65,000 square foot medical office building. DORA LANE FROM R-1-H TO Future development within the 30 acre site includes an C-O-P - COMMUNITY HOSPITAL expansion of the hospital and the possible construction of a 198 bed convalescent hospital and related parking areas. The Planning Commission recommended approval with a reduction of the commercial area from 30 acres to 5 acres, subject to their Resolution PCA-76-B, and for Council to certify the Environmental Impact Report. Director Peterson added that there is one significant issue that comes up with this rezoning: a stop light at the intersection of Brandywine and Telegraph Canyon Road and the necessary channelization and pavement which would be required to make the stop sign work. Staff recommended to Planning Commission that this be the responsibility of the hospital; however, the Planning Commission disagreed and has urged the Council to reach a decision of what proportion, if any, the City should participate in this project. Director of Public Works Director of Public Works Robens noted the study conducted comments by the Traffic Engineer which determined that the zone change required the need for the traffic signal and that the developer agrees with this need. The staff's condi- tion is that the developer install the traffic signal, pay for its construction and do the necessary road widen- ing on Telegraph Canyon Road to accommodate that traffic signal. The estimate of the traffic signal cost is $35,00f) and the road construction cost is approximately $35,000. Council discussion In answer to Council's questions, Director Robens stated that application has been made for FAU funds for this traffic signal; however, CPO has taken recent action which will delay that process. Further discussion ensued on the warrant system for traffic signalization; staff policy requiring traffic signals from developers; Council's concurrence that there is a need for the signalization at this intersection; signalization priorities; timing of this development. Motion to remove traffic It was moved by Councilman Egdahl, seconded by Councilman signal from public hearing Cox and unanimously carried that in this public hearing - consideration of rezoning - the issue of the traffic signal be removed, and that it be something that the Council address separately from this particular action. Discussion of motion City Attorney Lindberg remarked that the proposed Ordinance contains the provision of withholding the effective date of the rezoning until the signal has been installed or proper security has been posted so as to insure its in- stallation. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. City Council Heeting -3- November 23, 1976 Bud Wilson Hr. Wilson, President of the Board of Trustees of 4442 Cresta Verde Lane Community Hospital, expressed his appreciation for Council's Bonita action (regarding traffic signal). He added that the pro- posed facility will compliment the outstanding health care the citizens of this community are now receiving through the hospital. They agree that signalization is needed at this intersection and have been pushing for it for sometime. Public hearing closed There being no further comment, either for or against, the hearing was declared closed. Council discussion Further discussion followed regarding the use of Gas Tax monies; time schedule of the widening of Telegraph Canyon Road; Planning Commission conditions; and cost of the improvements. a. ORDINANCE NO. 1713 - It was moved by Councilman Egdahl that this Ordinance be AMENDING ZONING ~P OR placed on its first reading, with the conditions of the MAPS ESTABLISHED BY Planning Commission (which means the deletion of any SECTION 19.18.010 OF reference to the traffic signal as contained in the THE CHULA VISTA MUNICI- Ordinance and its effectiveness), and that the reading of PAL CODE, REZONING Tt~T the text be waived by unanimous consent. CERTAIN PROPERTY LOCATED AT 740 DORA LANE FROM R-1-H TO C-O-P, AND The motion carried by the following vote, to-wit: CERTIFYING THE ENVIRON- MENTAL IMPACT REPORT- FIRST READING AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None Priorities regarding Councilman Hyde remarked that the Council has now placed traffic signals another projec% in the amount of $70,009 in the street improvement program. The staff will have to reshuffle the established priorities so that this project can be accomplished at the time this construction makes it necessary. Motion for staff It was moved by Councilman Hyde, seconded by Councilman direction Hobel and unanimously carried that the staff come back to Council with recommendation for such adjustment. 4. PUBLIC HEARING - In a written report to City Council, Director of Planning CONSIDERATION OF PRECISE Peterson explained that the Community Hospital of Chula PLAN FOR MEDICAL OFFICES Vista has requested approval of a precise plan for the AND RELATED FACILITIES development of a medical office building on a 5+ acre · ON THE WEST SIDE OF DORA parcel, which is included within the 30 acre site of the LANE OPPOSITE CHULA VISTA hospital. The present zoning for the entire site is COMMUNITY HOSPITAL R-1-H with thc existing hospital constructed under the conditional use permit procedure. Mr. Peterson submitted elevations of the proposed building which he said matched the architecture of the hospital. He noted the construc- tion phases of thc project and the recommendation of approval b~ the Planning Commission subject to their Resolution PCM-76-20. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the public hearing was declared closed. City Council Meeting -4- November 23, 1976 Helicopter Pad In answer to Councilman Hobel's query, Mr. Peterson said the staff discussed with the Federal Aviation Agency the height of the new medical building and its location to the helicopter pad and was assured that there would be no problem. a. RESOLUTION NO. 8420 - Offered by Councilman tIobel, the reading of the text was APPROVING PRECISE PLAN waived by unanimous consent, passed and adopted by the FOR MEDICAL OFFICES AND following vote, to-wit: RELATED FACILITIES ON  THE WEST SIDE OF DORA LANE, AND CERTIFYING AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl THE ENVIRONMENTAL Noes: None IMPACT REPORT Absent: None 5. PUBLIC HEARING - Director of Planning Peterson submitted the tentative map CONSIDERATION OF TENTATIVE and reported that Ken Green, dba Sweetheart Construction MAP PCS-76-8 FOR SWEETHEART Company, is proposing to subdivide 1.9S acres of undeveloped MANOR land, with the exception of one existing residence which will remain, into 1S residential lots, including a lot for the existing residence. The proposed subdivision lies at the northeast corner of the intersection of Tobias Drive and Quintard Street. Five lots will front on Quintard and the remaining eight will front on a private driveway taking its access out to Tobias Drive. This property was recently rezoned from R-3-G to R-l-5 and conforms to all the standards in the R-l-5 District. Planning Commission On October 25, 1976 the Planning Commission recommended recommendation approval of the tentative map in accordance with their Resolution PCS-76-8 which also included approval of the precise plan. ~. Peterson noted that one condition prohibits the con- nection to the sanitary sewer until such time as the downstream system can handle the increased flow which would result from this development. Another condition deals with the storm drainage which requires that the solution should be resolved prior to action by the Council on the tentative map. Director Peterson stated that this condition should be deferred until consideration of the final map by the Council. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public h~aring. Ken Green. Mr. Green, developer of Sweetheart Construction Company, 86S Fairway Court said he and his engineer were at the meeting to answer Chula Vista any questions. Clay Morud Mr. }lorud remarked that he and the adjacent residents of 32 Plymouth Court this property testified at the Planning Commission meeting Chula Vista in favor of this development; however, they related their concerns to Mr. Green concerning the drainage problems. They felt the problem would be taken care of because their properties drain down into this particular piece of land. They want reassurance from the Council on this matter. City Council ~{eeting -5- November 23, 1976 Mayor Hamilton noted the condition that the drainage would have to be resolved at the time of acceptance of the final map. Public hearing closed There being no ruther comments, either for or against, the public hearing was declared closed. Council discussion Discussion entailed the "T" driveways, parking on this access road, Fire Department regulations, conversion of garages; and the drainage problem. a. RESOLUTION NO. 8421 - Offered by Councilman Hyde, with the modification that the APPROVING TENTATIVE drainage problem to be solved at the time of the considers- SUBDIVISION MAP tion of the final map rather than the tentative map, the PCS-76-8 FOR SWEET- reading of the text was waived by unanimous consent, HEART MANOR passed and adopted by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 8422 - As the first step toward formulating the City's Third APPROVING CITIZEN PARTI- Year Block Grant application, it is necessary to hold a CIPATION PROCESS RELATIVE public hearing for the purpose of receiving input from TO THE HOUSING AND COMMUNI- the citizenry. This will be the first of two public TY DEVELOPMENT ACT OF 1974 hearings required under the Housing and Community Develop- AND SETTING TIlE DATE AND ment Act of 1974. It is recommended that the proposed TIME FOR THE FIRST PUBLIC citizen participation process be adopted and that the HEARING date of December 14, 1976 at 7:00 p.m. be designated as the time and date for the first public hearing. 7. RESOLUTION NO. 8423 - On January 1, 1977 the City will have approximately CALLING A PUBLIC HEARING $600,000 of available allocated funds from San Diego TO DETERMINE WHE~IER PUBLIC Gas & Electric Company to underground utilities. The NECESSITY, HEALTH, SAFETY, City Council has directed that the utilities along "F" OR WELFARE REQUIRES THE Street be undergrounded in conjunction with the widening FORMATION OF AN UNDERGROUND of "F" Street from Fourth Avenue to Church Avenue. In UTILITY DISTRICT ON "F" order that "F" Street may be undergrounded on schedule, STREET FROM FOURTH AVENUE in advance of the proposed widening project, the public TO CHURCH AVENUE hearing on the formation of the district must be held before January 1, 1977. The estimated cost of under- grounding utilities along "F" Street is $368,000. ~ Staff recommended that the Council set a public hearing on December 21, 1976 in accordance with Chapter 15.32 of the City Code for the formation of an underground utility district along "F" Street from Fourth Avenue to Church Avenue, 8. RESOLUTION NO. 8424 - At its meeting of November 16, 1976 the City Council con- GRANTING THE APPEAL OF ducted a public hearing on an appeal for the deferral of CARL BERG FOR A SIX MONTH certain improvements by Carl Berg for the property at DEFERRAL OF CERTAIN PUBLIC 3956 Otay Lakes Road. The appeal was granted subject to IMPROVEMENTS AT 3956 OTAY a modification of the conditions of the conditional use LAKES ROAD AND MODIFYING permit as outlined in the Resolution. THE CONDITIONS OF THE CONDITIONAL USE PE~IT GRANTED FOR THE CONSTRUCTION OF A FEED BARN City Council }4eeting -6- November 23, 1976 9. RESOLUTION NO. 8425 - Several years ago the City received complaints concerning APPROVING ENCROACHmeNT the "illegal" use of the public right of way for the PERMIT NO. 76-41AUTHORIZ- placement of Christmas decorations. In response to the ING THE USE OF THE PUBLIC complaints, the Council adopted a resolution granting a PARKWAYS AND AREAS ;~ITHIN blanket encroachment permit for the use of said right of THE PUBLIC RIGHTS OF WAY way from property owners for the installation of temporary FOR THE INSTALLATION BY Christmas decorations. A similar resolution has been RESIDENTIAL PROPERTY adopted each year since that time. OWNERS OF TEMPORARY CHRISTMAS DECORATIONS AND URGING THOSE PERSONS DIS- PLAYING CHRISTMAS DECORA- TIONS TO REDUCE BOTH THE NUMBER OF LIGHTS AND DURATION OF USE (End of Consent Calendar) RESOLUTIONS ~dND ORDINANCES, FIRST READING 10. RESOLUTION NO. 8426 - The following bids were received on November 17, 1976 for ACCEPTING BIDS AND AWARDING the printing of thirty-six thousand (36M) 1977 City CONTRACT FOR PRINTING OF Calendars and forty thousand (4OH) 1977 Recreation CITY CALENDARS AND RECREA- Program brochures: TION PROGRAM BROCHURES BIDDER TOTAL ~kMOUNT Conklin Lithe, San Diego $ 7~869.75 Crest Offset Printing, National City 8,150.00 Vanard Lithe, San Diego 8,291.20 Neyenesch Printers Inc., San Diego 8,293.76 Glenbar Lithographers, San Diego 8,343.00 Arts & Crafts Press, San Diego 9,048.00 It is recommended that the Council accept the bids and award the contract to Conklin Lithe, the low bidder. In answer to query from the Council, Citizen Assistance Officer Smith said that 33 thousand calendars will be mailed out to all citizens, including 1,SO0 businesses. Resolution offered Offered by Councilman ttobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen ttobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None Motion to include It was moved by Councilman Hyde, seconded by Hayer Hamilton questionnaire with and unanimously carried that the staff be directed to in- calendar mailing vestigate the feasibility and desirability and the cost thereof of providing a questionnaire to be included in the distribution of the annual calendar, the questionnaire to be designed to solicit information from the residents of the community with regard to their desires or complaints (to be used in connection with Community Block Grant fund application). City Council Heeting -7- November 23, 1976 11. RESOLUTION NO. 8427 - In 1972, the Fire Department training tower located at PROVIDING FOR THE SPECIAL Fire Station #2, 80 East "J" Street, was inspected by the APPROPRIATION OF FUNDS FOR Division of Industrial Safety and declared unsafe. Since THE RECONSTRUCTION OF A demolition of this tower, the ability to perform many of TRAINING TOWER AT FIRE the manipulative training evolutions necessary to maintain STATION NO. 2, 80 EAST "J" a desirable skill level has been severely curtailed. STREET In the 1976-77 C.I.P. budget, funds are provided for land acquisition for a permanent training facility with an estimated time span of five years for completion. In the interim, the need for training continues for which no facilities are available. Rebuilding the three-story wooden tower at 80 East "J" Street can accommodate a sub- stantial share of this need until the permanent facility is available. Cost of construction is estimated at $4,500. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None 12. RESOLUTION NO. 8428 - On November 10, 1976 the Director of Public Works received ACCEPTING BIDS AND AWARDING the following bids for the construction of street improve-. CONTRACT FOR NORTH GLOVER ments on North Glover Avenue between "C" Street and Third AVENUE PHASE II, PROJECT Avenue: #GT-32 BIDDER A~IOUNT ]~er Construction, La ~Iesa $3~.50 A. C. Company, Lakeside 35,333.20 R. E. Hazard Contracting, San Diego 35,399.50 Addax Construction, E1 Cajon 37,313.35 T. B. Penick & Sons, San Diego 38,020.20 O'Berry Engineering, San Diego 38,209.20 Alvarez Construction, Spring Valley 38,967.55 L. E. Morgan Construction, San Diego 40,124.45 H. L. Foster Construction, San Diego 48,419.77 The project is a joint venture with the State of California. Based upon the actual bid price of $34,443.50, plus 10% contingencies, the State's share of the construction cost for Phase II of the project is $22,340.01. This leaves a balance of $15,547.84 as the City's share. It is recommended that the Council accept bids and award the contract to Bratcher Construction Company in the amount of $34,443.S0 subject to the receipt of funds from the State of California. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None City Council ~eeting -8- November 23, 1976 13. RESOLUTION NO. 8429 - On August 31, 1976 the City Council directed that an APPROVING AGREEMENT BETWEEN agreement be prepared between the City and Sweetheart THE CITY OF CHULA VISTA AND Construction Company for participation in the cost of SWEETHEART CONSTRUCTION installing a concrete lining in the bottom of the Tele- COMPANY FOR CONSTRUCTION OF graph Canyon Channel approximately 630 feet east of TELEGRAPH Cb24YON CHANNEL Hilltop Drive. On September 14, 1976 the Council approved IMPROVEMENTS, AUTHORIZING City participation in the cost for additional engineering THE NECESSARY EXPENDITURES, services. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Sweetheart Construction Company has executed an agreement for City participation in construction and engineering costs in the amount of $5,325. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None 14. RESOLUTION NO. 8430 - The following bids were received for constructing a ACCEPTING BIDS AND AWARDING parking lot at the Chula Vista Municipal Golf Course on CONTRACT FOR THE CONSTRUC- November 4, 1976: TION OF A PARKING LOT AT THE CHULA VISTA bFUNICIPAL BIDDER A~UNT GOLF COURSE Wa-~ Blacktop and Paving, Chula Vista $7~.70 Bratcher Construction Co., La b~esa 74 795.16 Daley Corporation, San Diego 78 512.50 R. E. Hazard Contracting, San Diego 82 570.00 T. B. Penick & Son, Inc., San Diego 83 005.00 W. H. Ledbetter & Son, Inc., San Diego 83 973.30 Ripley Construction, San Diego 86 209.75 Griffith Company, San Diego 86 487.00 H. L. Foster Construction Co., San Diego 93 396.54 Staff recommended that the Council accept the bids and award the contract to Walt's Blacktop and Paving, low bidder, in the amount of $71,g90.70. lB answer to a question from Councilman Hobel, Director of Public Works Robens stated that this bid does not include landscaping and that funds left over within the budgeted amount will be used to do the landscaping. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None Water seepage under Councilman ttobel referred back to Item 11 approving funds wall to be investigated for construction of a training tower at Fire Station No. 2 and called attention of the staff to a drainage problem of water seeping under the wall in this vicinity with the suggestion that this be investigated. City Council ~ieeting -9- November 23, 1976 15. RESOLUTION NO. 8431 - Director of Public Works Rubens, in a written report, ACCEPTING GRANT OF EASEMENT explained that the City Council, in March 1965 by FROM JOSEPH V. BUSH, IRENE Resolution No. 5657, awarded a contract for the construc- T. BUSH AND MICHAEL E. BUSH tion of "E" Street and installation of landscaping along FOR SLOPE RIGHTS the slopes abutting "E" Street between Corte ~aria Avenue and Hilltop Drive. It is proposed that the City obtain an easement across this property for the purpose of maintaining the landscaping on the slope. Mr. and ~rs. Joseph Bush, owners of the subject property, have agreed to grant the City an easement on the condition that the owners of the abutting property retain the right to remove and/or relocate any plantings that would ob- struct their view. There is presently a grove of six pine trees averaging about 30 feet in height that are obstructing the view from the proposed residence. Solution offered to Director of Public Works Rubens said he had met again with tree problem Mr. Bush who has agreed to a compromise solution which would result in leaving three trees along the bottom of the slope and removing three trees along the top of the slope. In addition~ Mr. Bush requested that the trees remaining be cut down about 10 feet. Resolution offered Offered by Councilman Hobel, incorporating the recommenda~ tion of the Director of Public Works Rubens. Joseph Bush ~Ir. Bush said he was in agreement with what >Ir. Rubens Bonita stated, but he had an additional alternative to suggest - he would be willing to buy seven trees - 15 gallon size - and place them to the east on the property. These would replace the seven trees removed and would be a better solution of the problem as the topped trees would grow back in five to ten years. Councilman t~de said that in view of the offer made by ~. Bush, it would be appropriate to the interest of the City to accept his offer as a compromise solution. Resolution offered Offered by Councilman Hobel, with the amendment as recem- as amended mended by Mr. Bush, the rea~ng ur the text wa~ waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 16. RESOLUTION - (This resolution, as noted on the agenda, was revised DECLARING.INTENTION TO prior to the meeting. See corrected title on next page). REVISE THE BOUNDARIES OF THE PARKING AND BUSINESS IMPROVEMENT AREA AS ESTABLISHED BY ORDINANCE NO. 1372 AND THE RATE FOR THE ADDITIONAL LEVY OF THE BUSINESS LICENSE TAX City Council Meeting -10- November 23, 1976 16. RESOLUTION NO. 8432 - City Attorney Lindberg clarified the revised resolution DECLARING INTENTION TO under Item 16, noting that the new Town Centre Business ESTABLISH AND LEVY AN and Professional Association have incorporated the ADDITIONAL BUSINESS advisory committee of the existing Downtown Business LICENSE TAX UPON THE AREA Promotion District into their new organization and it INCLUDED IN THE PARKING was his understanding, from reading their letter, that AND BUSINESS IMPROVEMENT they wished to expand the boundaries of the improvement AREA FOR THE PURPOSE OF district to make it coterminous with that of the Town THE GENERAL PROMOTION OF Centre Redevelopment project area. However, this is not RETAIL TRADE, AND FIXING their intent. They simply wish to incorporate the THE TIME AND PLACE FOR A advisory committee into their Board of Directors and HEARING TO BE HELD TO perhaps at some future date to expand the improvement CONSIDER THE ADJUSTMENT district boundaries. The revised resolution therefore, OF SAID ADDITIONAL merely sets the date for the hearing on the establishment BUSINESS LICENSE LEVY AND of the additional business license tax, as has been done DIRECTING THE GIVING OF for the past three years. NOTICE OF SAID HEARING Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Mamilton, Egdahl, Hobel, Hyde Noes; None Absent: None 17. ORDINANCE NO. 1714 - The City Council had previously adopted a moratorium on REPEALING ORDINANCE the levy of additional business license tax for the NO. 1390 ALL RELJITING TO improvement area and established an election process for THE IMPOSITION OF AMORA- the advisory committee thereof. These provisions are TORIUM UPON THE COLLEC- no longer applicable, therefore, this ordinance repealing TION OF THE ADDITIONAL Ordinance No. 1390 has been prepared. BUSINESS LICENSE TAX FOR THE PARKING AND BUSINESS IMPROVEMENT AREA AND ESTABLISHING A PROCEDURE FOR THE ELECTION OF A NEW ADVISORY CO~ITTEE - FIRST READING 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, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None 18. ORDINANCE - (This item was deleted from the agenda on recommendation AMENDING ORDINANCE of the City Attorney). NO. 1372 REDEFINING THE PARKING AND BUSINESS IMPROVEMENT AREA, ESTAB- LISHING A NEW SCHEDULE FOR THE ADDITIONAL LICENSE TAX LEVY, AND APPROVING THE REORGANIZATION OF THE ADVISORY COF~qITTEE City Council Meeting -11- November 23, 1976 19. ORDINANCE - The City Charter was amended in May, 1975 to permit the AMENDING SECTION 2.05.010 City Council, by ordinance, to add other management level OF THE CHULA VISTA ~NI- employees to the Unclassified Service of the City. CIPAL CODE BY PLACING CERTAIN MANAGEMENT LEVEL EMPLOYEE POSITIONS IN THE In a written report to the Council, City 14anager Cole UNCLASSIFIED SERVICE stated that it had been generally agreed that the Assistant Fire Chief, Assistant Director of Public Works, Assistant Director of Planning and Assistant to the City ~lanager be designated as unclassified employees, due to the unique management roles they play. Council discussion The Council discussed the provision for incumbents to remain in the Classified Service until the respective positions are vacated by the incumbents; the Charter change placing department heads in the Unclassified Service; the establishment of managerial levels in the organizationa~ chart of the City; and the contractual rights of the employees. City ~lanager Cole suggested that this item be continued so that the employees affected can be contacted concerning this action. Motion to continue It was moved by Mayor Hamilton and seconded by Councilman Item 19 Hyde that Item 19 be continued for two weeks. Councilman Hobel questioned the classification of "Assis- tant to the City Manager" in the organizational structure. He said he will hold his recommendation concerning this for two weeks. Motion carried The motion to continue this item carried unanimously. REPORT OF THE CITY MANAGER Questionnaire regarding City Hanager Cole distributed copies of a questionnaire Montgomery Area annexation received from the Montgomery ~,lunicipal Advisory Council, which was prepared by the County staff, concerning annexa- tion. tie said City staff members will attend the public hearing called for ~ntgomery area residents which is scheduled to be heard Wednesday, December 1, 1976 at 7:30 p.m. in the Lauderbach School Auditorium. Request for use of The City Manager announced that the Downtown Business electrical outlet Improvement District is making plans for the annual for annual Christmas Christmas decorations and have requested the use of the decorations electric outlet at Davidson and Third Avenue. He suggested that the estimated cost be calculated on the number of lights, etc., as has been done in the past, and transfer funds from the Community Development fund to an appropriate account in the Parking District. Motion for approval It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that approval be granted as outlined by the City Manager. City Council Meeting -12- November 23, 1976 REPORT OF DEPARTMENT }lEAD 20. REPORT ON MODIFICATION Director of Public Works reported that sometime ago the OF "F" STREET WIDENING Council approved the full widening of "F" Street between PROJECT IN FRONT OF Fourth Avenue and Church Avenue to increase the capacity THE LIBRARY of this street, and subsequently requested a study for the modification of this widening at Fourth and "F" in order to retain the mature California pepper trees in front of the Library. The Engineering staf~has completed a report and the recommendation is for the full widening and removal of the trees for traffic safety reasons. Council discussion Discussion ensued concerning the volume of traffic, con- gestion, noise, safe width of streets, and traffic acci- dents occuring at the intersection of Fourth Avenue and "F" Street. Discussion included Alternate Plan 4 in the staff report: "Alternate 4 provides two eastbound lanes; and a protected left turn lane, a through lane and a combined through/right turn lane for westbound traffic," which was one of three proposals that could be used to save the trees while not creating an unacceptably unsafe situation. Motion to approve It was moved by Councilman Hyde and seconded by Councilman Alternate Plan 4 Egdahl that Alternate Plan 4 be adopted for tile intersec- tion of Fourth Avenue and "F" Street. Continued discussion Discussion continued concerning no parking along tile full length, the width of 10½ and 11½ feet. left lane turns, traffic capacity, the growth rate of pepper trees, time element for approved FAU funds, and effect of re-striping the street now on a trial basis. Motion carried The motion to adopt Alternate Plan 4 carried with Mayor Hamilton and Councilman tIobel voting "No." Motion to re-stripe It was moved by Councilman Egdahl, seconded by Councilman "F" Street and request Hyde and unanimously carried that the staff proceed with for staff report the re-striping and observance of traffic accidents and advise the Council of the last possible date of saving funds (with regard to FAU money and the time element). REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND CO~4ISSIONS 21. TRANSMITTAL OF "ENVIRON- Tile chairman of the Environmental Control Commission sub- MENTAL OBSERVATION PAPERS" mitted "Environmental Observation Papers" written by indi- vidual members of the Comnlission reflecting a combination of the "State of the Environment in Chula Vista" along with personal opinions of each author. These were prepared to bring to light problems, potential problems, suggestions for solutions, and to present positive actions being taken. Subjects included: "Housing," by Commissioner Meredith Roeder; "Open Space," by Commissioner Robert }lastings; and "Air Pollution," by Commissioner George Gillow. Motion to refer It was moved by Councilman Cox and seconded by Councilman to staff Egdahl that these papers be referred to staff. City Council Meeting -13- November 23, 1976 Addition to motion It was moved by Councilman Hyde that the motion should include a note of appreciation to the Environmental Con- trol Commission for their industry and interest in pre- paring the papers. The Council concurred and the motion carried unanimously. 22. REPORT CONCERNING THE In a written statement from the Human Relations Commission, APPOINTiffiNT OF AN "AD it was reported that the Commission is interested in the }lOC CO~B~ITFEE ON HUMAN development of a Social Element to the Chula Vista CARE SERVICES" General Plan. At the suggestion of the Council, the Human Relations Commission appointed a subcommittee on November 10, 1976 to work on the development of a Social Element, and in addition to the three members who will serve on the subcommittee, the Commission said they will request representation from other organizations in the community. An organizational meeting will be held after the first of the year. Motion to apprise It was moved by Mayor Hamilton, seconded by Councilman Council of appointments Hobel and unanimously carried that the report be accepted, but that prior to appointment to the ad hoc committee, that the Commission apprise the Council of their nomina- tions so the Council can peruse them before appointments are made. MAYOR'S REPORTS Resignations - ~layor Hamilton announced the resignation of two members Charter Review Committee of the Charter Review Committee. He asked that Attorney Marguerite Stein be ratified as a replacement for John Kingston. This will place nine members on the Committee. Appointment to Charter It was moved by Councilman Hyde, seconded by Councilman Review Committee Egdahl and unanimously carried that Marguerite Stein's appointment to the Charter Review Committee be ratified. Conference on Aging Mayor Hamilton reported that he had received information that the tluman Relations Commission will not meet until after the Conference on Aging to be held in San Francisco on December 5 through 7, and asked Council direction on how they wished to proceed with Maggie Helton's request to attend and whether they wished to appropriate funds in amount of $151 to cover her expenses. Council discussion Council discussion ensued concerning the request and alternatives in handling it. Motion to refer to It was moved by Councilman Cox and seconded by Hayor Committee-on Aging Hamilton that the trip be authorized contingent upon the recommendation for approval by the Committee on Aging. The City Clerk was given the written materials concerning the conference with the direction that it be forwarded to the Committee on Aging asking them to hold a meeting to consider the matter and make a recommendation. Speaking against Councilman Egdahl spoke against the motion, stating this the motion was something the Human Relations Commission should deal with as having to do with human relation problems which have to do with aging. City Council Meeting -14- November 23, 1976 Amendment to Councilman Cox amended his motion to include recommenda- motion tions from both the Human Relations Commission and the Committee on Aging, and if there is concurrence, the trip will be approved. ~yor Hamilton agreed to the second and the motion carried unanimously. Meeting to be held Mayor Hamilton said he had received a note from Senator regarding San Diego Mill's office and the Legislature will be conducting a Arizona Eastern Railway meeting regarding the San Diego Arizona Eastern Railway on November 30 at 9:00 a.m. in the Chula Vista Library. Since he will not be here, the ~layor asked that a Council member attend and support the repair and restoring of service of the Railway, since the Council has taken a position for such support. Motion for staff to It was moved by Councilman Hobel, seconded by Councilman represent Council Cox and unanimously carried that the City Hanager or his appointed designee testify on behalf of the Council at this meeting. Proposed legislation The Hayor stated he has also received correspondence from to impose gas tax Senator ~lills' office that he is considering introducing legislation to ask that a 1¢ or 2~ sales tax be placed on gasoline for specific freeway projects in San Diego County. This would be for a set number of years to pay for the projects, specifically including Route 54. Motion for letter It was moved by Mayor Hamilton and seconded by Councilman Hyde that a letter of support be directed to Senator Mills. Addition to motion Councilman Hobel suggested that Route 252 be included in the motion. Speaking against Councilman Egdahl spoke against the motion, not being the motion against Route 54, but speaking against the principle of taxing a specific area for freeway or highway construc- tion in that area which rightfully should be borne by gasoline users throughout thc State. Motion carried The motion to direct a letter in support of legislation carried with Councilman Egdahl voting "No." Motion for It was moved by ~tayor ttamilton, seconded by Councilman executive session Egdahl and unanimously carried that an executive session be held at the close of the meeting for pending litigation. Starlight Yule Parade Mayor Hamilton said a letter has been received inviting the Council to ride in the Annual Starlight Yule Parade on Monday, November 29, 1976 at 7:00 p.m. The City Clerk was asked to notify the Town Centre Business and Pro- fessional Association that Councilman Hyde, Councilman Hobel and Hayor Hamilton will be there. Letter regarding Tax Rights The Chula Vista Taxpayers Association acknowledged receipt Initiative Charter Change of Mayor Hamilton's letter on behalf of the Council for a joint meeting. The meeting has been scheduled for December 9, 1976 at 3:30 p.m. City Council Meeting -15- November 23, 1976 Request from Chula Vista The Council has received a request for assistance of Junior Woman's Club City forces in the Fourth Annual Christmas Tree Recycling Project conducted by the Chula Vista Junior Women's Club. The request is for the City to provide a mulcher and crew for Monday, January 3, 1977 to shred the Christmas Motion to approve It was moved by Mayor Hamilton, seconded by Councilman request Egdahl and unanimously carried that the request be approved. Parkland acquisition - In answer to query from Councilman Hyde, City Manager Tobias and Quintard Cole and Director of Public Works Robens gave a brief status report on the acquisition of land in the Quintard and Tobias area for parkland. An appraiser has been re- tained and estimated costs have been obtained and a schedule has been set up for the environmental report. "Living Carpet Sod Farm" Councilman Hyde referred to a copy of a letter from to cease operation Assistant City Manager Asmus to Mrs. Patricia Porter indicating that the "Living Carpet Sod Farm" on the San Diego Gas and Electric easement is apparently going to cease operation. Staff to work with SDG&E It was moved by Councilman Hyde, seconded by Councilman for open space agreement Hobel and unanimously carried that the staff look into the feasibility of working out an agreement with the San Diego Gas and Electirc Company for the development of that land for recreational purposes. Motion to withdraw In response to a question from Councilman Hyde concerning application for funds the effect of the action of the Council in withdrawing for nutritional program the City's application for a grant under Title VII for a to be reaffirmed nutritional program, City Manager Cole explained that the vote of 2-1 to withdraw the program constituted no action as it required a majority vote of the Council. Motion to reaffirm It was moved by Councilman Egdahl and seconded by Council- withdrawal of application man Hyde that the Council reaffirm its position to with- draw the City's application for funds for a nutritional program and assist the Salvation Army to get the grant. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Cox, Egdahl Noes: Mayor Hamilton Abstain: Councilman Hobel Absent: None Report on position of In answer to a question from Councilman Cox, City Attorney Assistant City Attorney Lindberg suggested that the matter of a report concerning scheduled the position of Assistant City Attorney be discussed at the meeting scheduled with the Chula Vista Taxpayers Association at 3:30 p.m. on Thursday, December 9, 1976. Written statement In connection with this meeting, Councilman Hyde suggested suggested for meeting that a well-prepared written justification and rationale with Taxpayers Association for the Council's position on the utility tax should be prepared and presented at the meeting. City Council Meeting -16- November 23, 1976 Motion for staff to It was moved by Councilman Cox, seconded by Councilman review political sign Hobel and unanimously carried that staff be directed to ordinance reanalyze the political sign ordinance and make any suggestions for possible changes, particularly with regard to campaign headquarters, and use of parkway strips. Discussion of General Plan Councilman Egdahl asked what system was used to analyze revisions time element on a continuing basis, area by area, necessary revisions to the City's General Plan. Director of Planning Peterson responded that the Council reserves two hearings, one in October and one in April of each year and staff reviews the General Plan to recommend changes in advance of those dates. In addition, citizens can apply for an amendment to the General Plan. Anything that may come up as an urgent measure may be considered at any time during the year. Motion for on-going It was moved by Councilman Egdahl, seconded by Councilman review by staff Hyde and unanimously carried that the staff consider an on-going physical review of the City, quarter section by quarter section, to keep abreast in the field of necessary changes to the General Plan and to advise the Council. Report on rezoning areas Councilman tlyde referred to the Planning Commission in transition to be set minutes of their meeting of November 8 concerning re- for Council Conference zoning areas in transition - R-l, R-3 and R-3-L. Dis- cussion followed regarding various aspects of these re- zonings. Director of Planning Peterson stated that a report has been prepared in draft form which will be presented to the Council on December 7. It was suggested that this be discussed at a Council Conference which will be set when the report is completed. Slide presentation to be Councilman Hyde commented that the minutes of the Planning prepared on multiple Commission of November 15 referred to a slide presentation family developments regarding multiple family developments and signs and asked if this would be appropriate for Council view. Director of Planning Peterson said that a presentation will be made to the Council when it is completed. 23. WRITTEN CO~IMUNICATIONS a. Request for waiver of The Chula Vista Police Relief Association is sponsoring a fees in supporting circus high wire show called Europorama, a circus type entertain- ment. As a non-profit organization, they requested a waiver of fees and permits. Motion to approve request It was moved by Councilman Hobel, seconded by Councilman tlyde and unanimously carried that the request be approved. b. Request for business The Chula Vista Town Centre Business and Professional improvement tax levy Association requested that the Business Improvement Tax, levied as an additional tax on business licenses by the City for the Parking and Business Improvement area, be continued at the same rate for the year of January 1, 1977 through December 31, 1977. Motion to approve It was moved by Councilman Hyde, seconded by Councilman Cox and unanimously carried that the request be approved. City Council ~eeting -17- November 23, 1976 c. Request relative to The Political Action Division of the Chula Vista the appointment of Chamber of Commerce requested that when Mayor Hamilton an interim Mayor takes office as Supervisor for San Diego County, that the Council consider appointing an interim Mayor who will agree not to run for the ~ayor's office during the April 1977 election. Motion to note It was moved by Councilman Hyde, seconded by Councilman receipt of letter Hobel and unanimously carried that the Council note receipt of the letter and include it in its deliberations. RECESS TO EXECUTIVE SESSION The Council recessed to Executive Session at 10:05 p.m. ADJOURNMENT The meeting reconvened at 10:39 p.m. and blayor Hamilton adjourned the meeting to the regular Council meeting scheduled for Tuesday, December 7, 1976 at 7:00 p.m. JENNIE M. FULgSZ~ CMC City Clerk Deputy City Clerk