HomeMy WebLinkAboutcc min 1976/09/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA~ CALIFORNIA
Held Tuesday September 21, 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
276 Fourth Avenue, with the following
Councilmen present: Mayor Hamilton, Councilmen Hyde~ Cox, Egdahl, Hobel
Councilmen absent: None
Staff present: Acting City Manager Asmus, City Attorney Lindberg, Director
of Public Works Robens, Director of Parks and Recreation Hall,
Director of Building and Housing Grady, Purchasing Agent
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 Hyde and seconded
by Councilman Cox that the minutes of the
meetings of September 2, 14 and 15, 1976 be
approved with a correction on page 2 of the
minutes of September 15 deleting the words
"...or such other seating capacity in that
range as they find in the course of their
study to be most appropriate..." from the
amendment to the fifth paragraph of Resolution
No. 8324. The corrected amendment to read:
"...but not limited to, a theater of approp-
riate seating capacity to fulfill the needs
of the City of Chula Vista." Copies of the
minutes had been sent to each Councilman.
The motion carried unanimously except Mayor
Hamilton abstained from voting on the amend-
ment to the minutes of the meeting of September
15 as he did not participate in that portion
of the meeting concerning Resolution No. 8324.
SPECIAL ORDERS OF THE DAY
2. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation saluting
PENNSYLVANIA the State of Pennsylvania. The people in the
audience from this state introduced themselves
to the Council.
Kathryn Moore ~s. ~ore spoke on the history of the State
1134 Tobias Drive of Pennsylvania.
Chula Vista
ORAL COmmUNICATIONS
A1 Manese As president of the South Bay Filipino-American
1566 MonteYey Court Association, Mr. Manese asked that they be
Chula Vista given permission to hold Bingo games in the
Loma Verde Center.
City Attorney Lindberg explained that he
would first have to determine whether or not
the Association meets Section 23701(d) Internal
Revenue Service designation.
City Council Meeting -2- September 21, 1976
Motion for permission It was moved by Mayor Hamilton, seconded by
Councilman Egdahl and unanimously carried
that permission to use the Loma Verde Center
be given to the South Bay Filipino-American
Association if the Association qualifies
under the law.
Dean Buck Mr. Buck asked the Council for approval
3555 Desert Inn Way for joggers and walkers to use the perimeter
Bonita of the golf course. They would accept responsi-
bility for their own welfare as to liability.
Mr. }{all, Director of Parks and Recreation,
discussed the problem this open space has
caused by unauthorized use and the fact that
some jogger could be hit and injured by a
golf ball. Mr. Hall suggested that proper
signs indicating the jogging area and the
jogger's responsibility would protect the
City's liability.
Motion for jogging It was moved by Mayor Hamilton, seconded by
use of golf course Councilman Cox and unanimously carried that
the golf course perimeter trail be properly
marked for the use of joggers and walkers
and that signs be erected notifying the user
of his responsibility in the use of the area.
Signs also to be erected in the duck feeding
area.
William Rambur Mr. Rambur questioned when the City would
325 Fast James take action against the First Baptist Church
Chula Vista community households located in the R-1 zones.
Discussion on City Attorney Lindberg explained that the
City action Council has taken its action in declaring
several community households public nuisances
in accordance with the proper procedures
under the City's zoning laws. Appropriate
legal action has been filed through the City
Attorney's office.
CONSENT CALENDAR It was moved by Councilman Hobel, seconded
by Councilman Cox and unanimously carried
that the Consent Calendar be approved and
adopted, with Mayor Hamilton abstaining on
Item 8a.
3. RESOLUTION NOo 8325 - The Director of Finance and the City Clerk
SUPPORTING THE SEPARATION OF ask that the Delegate to the League Conference
FISCAL OFFICERS AND CITY CLERKS (Mayor Hamilton) be directed to vote in the
INTO TWO DEPARTMENTS OF THE general assembly of the Conference in support
LEAGUE OF CALIFORNIA CITIES of the separation of Fiscal Officers and
City Clerks into two League Departments.
4. RESOLUTION NO. 8326 - On August 16, 1976 Frank L. Whittington and
ACCEPTING GRANT OF EASEMENT Charles J. Ramm, partners, granted an ease-
FROM F. L. WHITTINGTON AND ment for street tree purposes to the City
C. J. RAMM FOR STREET TREE as one of the conditions for approval of
PURPOSES tentative parcel map No. 9-76. The easement
consists of a seven foot strip of land along
"J" Street and an eight foot strip of land
along Madison Avenue.
City Council Meeting -3- September 21, 1976
S. RESOLUTION NO. 8327 - On September 2, 1976 Jack Goodall~ Jr., and
ACCEPTING GRANT OF EASE~ENT J.E. Morrow, President and Assistant S¢cre-
FROM FOODMAKER, INC., FOR tary of Foodmaker, Inc., granted an easement
STREET TREE PURPOSES for street tree purposes to the City as one
of the conditions for approval of tentative
parcel map No. 16-76. The easement consists
of a six and a half foot strip of land along
Bonita Road and Willow Street.
6. tLESOLUTION NO. 8328 - One of the conditions of approval for ten-
ACCEPTING GRANTS OF EASEMENT tative parcel map No. 13-76 was for the
FOR STREET AND STREET TREE owners to grant the following easements:
PURPOSES FROM JOHN AND MARY 1) A grant of easement for street
STEWART purposes at the northerly terminus of the
cul-de-sac in the 1000 block of Del ~ar
Avenue. 2) A grant of easement for street
tree purposes along a portion of the cul-
de-sac of Del Mar Avenue. On July 29, 1976
John and Mary Stewart granted the required
easements to the City~
7. RESOLUTION NO. 8329 - One of the conditions for the approval of
APPROVING AGREEMENT BETWEEN the tentative parcel map No. 13-76 is for
THE CITY OF CHULA VISTA AND the subdivider to construct the public
JOHN SCO~'r AND MARY ALICE improvement on Del Mar Avenue prior to the
STEWART FOR THE COMPLETION recordation of the final parcel map. John
OF IMPROVEMENTS FOR TENTATIVE and ~ry Stewart, owners and subdividers,
PARCEL MAP 13-76 AND AUTHOR- have executed a subdivision agreement with
IZING THE MAYOR TO EXECUTE a surety bond issued by the Travelers
SAID AGREEMENT Indemnity Company in the amount of $1,000
which guarantees the installation of the
public improvements.
8. RESOLUTION NO. 8530 - The City Council, by Resolution No. 8264
ACCEPTING GR~uNT OF EASE[~NT dated July 27, 1976, accepted an easement
FROM JOHN E. HELM, RICHARD from John Helm, et al, for slope rights and
H. HELM AND MARY H. MANSEN maintenance of landscaping and irrigation
FOR SLOPE RIGHTS AND MAINTEN- system along the northerly side of "E"
ANCE OF LANDSCAPING AND Street east of Corte ~aria Avenue. The
IRRIGATION SYSTEM ALONG THE easement form failed to convey to a grantee
NORTHERLY SIDE OF "E" STREET and as such is not a recordable instrument.
EAST OF CORTE MARIA The easement form has been rewritten to con-
vey the easement to the City of Chula Vista
and has again been signed by the grantors°
UNANIMOUS CONSENT ITEM:
8. a. RESOLUTION NO. 8331 - The representatives of the County of San
RECEIVING THE SOUTH COUNTY Diego and the project design consultants
REGIONAL CENTER ARCHITECTURAL for the South County Regional Center Archi-
PROGRAM R£PORT AND APPROVING tectural Program presented the conceptual
SAID CONCEPTUAL PLAN program for the project to the City Council
at a special meeting on Wednesday, September
15, 1976. The Council adopted Resolution
Noo 8324 approving a community theater within
a cultural center in conjunction with the
South County Regional Center.
Mayor abstained ~yor Hamilton abstained from voting on
Item 8a due to a possible conflict of
interest.
(End of Consent Calendar)
City Council Meeting -4- September 21, 1976
RESOLUTIONS AND ORDINANCES, FIRST READING
9. RESOLUTION NO. 8332 - The following bids were received on August
ACCEPTING BIDS AND AWARDING 20, 1976 for the purchase of one (1) con-
CONTRACT FOR ONE (1) CONTINUOUS tinuous total copy system:
TOTAL COPY SYSTEM
Discussion of Council In answer to questions from the Council, James
Espinosa, Purchasing Agent, stated that he
wrote the specifications for the purchase and
that there is a one-year warranty on recondi-
tioned models A-M 4250.
Resolution offered Offered by Councilman Hobel, the reading of
the text was waived by unanimous consent,
passed and adopted by the following vote,
to-wit:
AYES: Councilmen Hobel, Hyde, Cox, Hamilton,
Egdahl
Noes: None
Absent: None
10. RSSOLUTION NO. 8333 - The following bids were received on August
ACCEPTING BIDS AND AWARDING 20, 1976 for the purchase of one automatic
CONTRACT FOR ONE (1) AUTOMATIC collator/sorter. This piece of equipment
COLLATOR/SORTER will be used on line with the offset total
copy system.
Resolution offered Offered by Councilman Hobel, the reading
of the text was waived by unanimous consent,
passed and adopted by the following vote,
to-wit:
AYES: Councilmen Hobel, Hyde, Cox, Hamilton,
Egdahl
Noes: None
Absent: None
ilo a. RESOLUTION NO. 8334 - The City's desire to extend Brisbane Avenue
APPROVING THE CONVEYANCE in a northerly direction between Fourth Avenue
OF CERTAIN REAL PROPERTY and North Glover Avenue requires the acqui-
BY GRANT DEED AND A TEM- sition of property belonging to Leah Shapov,
PORARY ACCESS EASES[NT TO who has agreed to exchange her property for
LEAH SHAPOV AND, IN EXCHANGE, real property belonging to the City of Chula
ACCEPTING A GRANT DEED FOR Vista°
CERTAIN REAL PROPERTY FROM
LEAH SHAPOV
City Council ~eeting -5- September 21, 1976
Resolution offered Offered by Councilman Cox, the reading of the
text was waived by unanimous consent, passed
and adopted by the following votej to-wit:
AYES: Councilmen Cox, Hamilton, Egdahlj
Itobel, Hyde
Noes: None
Absent: None
b. RESOLUTION NO. 8335 - In connection with the exchange of property,
APPROVING THE AGREEmeNT AND an agreement has been prepared for Council
ESCROW BETWEEN THE CITY OF action.
CHULA VISTA AND LEAH SHAPOV
FOR THE EXCHANGE OF REAL
PROPERTIES IN ~tE CITY OF
CHULA VISTA AND AUTHORIZING
THE MAYOR TO EXECUTE SAID
AGREEMENT AND ESCROW
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, Hamilton~ Egdahl,
Hobel~ Hyde
Noes: None
Absent: None
12. ORDINANCE NO. 1707 - The Uniform Building Code does not provide
REPEALING SECTION 15.08.020~ for permits or specify structural regulations
SUBSECTION i, SECTIONS for fences and walls under six feet in height.
15.40.010 THROUGH 15o40.100 Section 15.08.020 of the ~nicipal Code re-
OF CHAPTER 15o40 OF THE quires permit issuance for fences and walls
MUNICIPAL CODE OF THE CITY that are more than three feet in height. On
OF CHULA VISTA ALL RELATING Hay 10, 1976 the Board of Appeals and Advisors
TO FENCES AND WALLS - FIRST approved the deletion of permits for fences
READING and walls under six feet in height.
Ordinance placed on It was moved by Councilman Egdahl that this
first reading ordinance be 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 Egdahl, Hobel, Hyde, Cox,
Hamilton
Noes: None
Absent: None
13. REPORTS OF THE CITY ~NAGER
ao REPOR~ REGARDING COUNCIL Acting City Manager Asmus stated that he has
ATTENDANCE AT HEARING received the material from the League of
SCHEDULED FOR SEPTEMBER California Cities to be presented at the
23, 1976 hearing in San Diego on September 23, from
9:00 a.m. to 2:00 p.m. on Assembly Bill 3311
retirement pay for the Safety Element of the
City.
Mayor to attend It was moved by Councilman Egdahl, seconded
by Councilman t~de and unanimously carried
that the Mayor represent the City at that
meeting.
City Council Meeting -6- September 21, 1976
b. Temporary court facilities Mr. Asmus reported that the County has contacted
him regarding the location of additional temporary
court facilities consisting of four trailers
to be located between the Health building
and the present branch court on Davidson Street.
Three trailers would be 20 feet by 50 feet
each; one trailer would be 20 feet by 60 feet°
The additional trailer units would eliminate
all but six parking spaces.
Councilman Hyde suggested that a recess be
declared so that they might look at the site.
RECESS A recess was called at 8:17 p.m. and the meeting
reconvened at 8:50 p.mo
Motion to approve It was moved by Councilman Hyde, seconded by
temporary county Councilman Cox and unanimously carried that
court facilities approval be given to the plan for the instal-
lation of temporary court facilities as pro-
posed by the City Manager and the staff work
with the county for modification of parking
arrangements, with the suggestion that four
of the Council parking spaces be shared with
the judges of the court.
~. Asmus noted that this Council approval
was prior to the review by the Fire and
Building departments.
Councilman Hyde stated the intent of the
motion was to include this review by the Fire
and Building Departments.
c. Dedication of b~eller Acting City Manager Asmus reported that the
School Park b~eller School Park dedication is set for
Tuesday, September 28 at 6:00 p.m. with the
box dinner scheduled for 5:00 p.mo The Council
is invited to attend.
Request for executive City Attorney Lindberg requested that the
session to follow Council Council hold an Executive Session (following
meeting this evening's Council meeting) for litigation
purposes.
Motion for executive session It was moved by Councilman Hyde, seconded by
Councilman Egdahl and unanimously carried to
hold an Executive Session for pending liti-
gation following this Council meeting.
MAYOR'S REPORTS
Bulletin from Mayor Hamilton discussed the bulletin he
National League received from the National League of Cities
of Cities regarding the Unemployment Compensation Act
Amendments of 1976 urging support for deletion
of the provision extending coverage to state
and local government employees.
Motion to refer to It was moved by Councilman Mobel to refer
Legislative Committee this item to the Legislative Committee for
recommendation.
Mayor Hamilton noted that the Senate planned
to vote on it this week.
Motion withdrawn Councilman Hobel withdrew the motion.
City Council Meeting -7- September 21, 1976
~lotion to send telegrams It was moved by Hayor Hamilton, seconded by
Councilman Hyde and unanimously carried that
the City send a telegram to Senator Cranston
and Senator Tunney in support of the League's
recommendation.
Letter from Mrs. Dillard Mayor Hamilton reported on a letter from
1081Monserate Avenue Mrs. Dillard regarding a recent disturbance
Chula Vista in her neighborhood.
Motion to refer
to Chief of Police It was moved by Mayor Hamilton, seconded by
Councilman Egdahl and unanimously carried
that Chief Winters answer ~Irs. Dillard's
letter and report back to the Council.
League of California ~ayor Hamilton referred to the correspondence
Cities future head- received from the League of California Cities
quarters in Sacramento regarding their future housing needs. They
plan to construct an office building on land
already purchased.
~e Council was asked to instruct their
delegates to thc Annual Conference (~yor
Hamilton and Councilman Hyde) to indicate
Council's support of the League's building
and also to determine at another time the
type of Building Assessment Schedule the
Council will support.
Motion to place It was moved by Councilman Cox, seconded
item on agenda by Councilman Egdahl and unanimously carried
that this item be placed on the Council
Agenda for the October 13 meeting.
Comment on letter received ~{ayor Hamilton said he received a letter
from an elderly person who lives at the
Chula Vista Inn asking that the City provide
benches at bus stops for the elderly, par-
ticularly at the Chula Vista Inn, The Towers
and Fredericka b~nor. He submitted this
letter to staff for their investigation and
report.
City-owned alleyways [~yor Hamilton commented on the condition
of alleyways between First and Second on
"J" Street which are not being kept up prop-
erly.
The Mayor attended a meeting recently at
which Councilman Hubbard said the City of
San Diego, through a Public Works grant,
is going to ask for enough money to pave
alleyways in their city. He suggested Chula
Vista look into this also.
~tion to refer to staff It was moved by Mayor Hamilton, seconded
by Councilman Egdahl, and unanimously carried
that this matter be referred to the staff
for report back as to the City's responsibility
and what could be done to properly maintain
these alleyways.
Utility Users Tax ~yor Hamilton remarked that since the Council
approved the exemption to the utility tax
for people over 62 years of age, he has had
complaints from people living in mobile homes
City Council Meeting -8- September 21, 1976
stating they were not getting this exemp-
tion. Mayor Hamilton indicated that the intent
of the Council was that all people over 62
years of age would be able to take advan-
tage of this exemption. He asked the staff
to investigate this and report back as soon
as possible.
COUNCIL COMMENTS
Halecrest fencing Councilman Hyde asked for a status report
on installing fencing on both sides of the
stairway in the Halecrest area.
Director of Public Works Robens stated they
have gone out to bid this week.
Trees in front of Library Councilman Hyde asked staff to comment on
the proposal to modify the street widening
plan for "F" Street to retain the old Pepper
trees in front of the Library.
Director of Public Works Robens stated he
will have a report ready in two weeks.
Telegraph Canyon Road Councilman Hyde asked how long Telegraph
between Hilltop Drive Canyon Road between Hilltop Drive and "L"
and "L" Street Street will have the detour.
Director of Public Works Robens stated the
contractor indicated last week that the
detour would be removed this week.
Hilltop Drive at Councilman Hyde questioned the open ditch
Telegraph Canyon Road on Hilltop Drive which is back-filled asking
how long that condition will exist.
~{r. Robens stated he did not know what
the status was because of the revision to the
plans, but will report to the Council on this.
Letter from Mrs. Sprigg Councilman Cox discussed the letter received
1100 Industrial from Mrs. Sprigg regarding Chula Vista Bus
Chula Vista Lines service°
It was moved by Councilman Cox, seconded by
Councilman Hobel and unanimously carried to
refer this letter to staff to see if the
City could accommodate Mrs. Sprigg's needs.
Traffic Signal light Councilman Cox remarked that there is a pot-
on Otay Lakes Road tion of Otay Lakes Road as you come down
Camino Elevado where a motorist cannot see
the traffic light.
Councilman Egdahl suggested that perhaps
some type of flashing signal could be erected
prior to the traffic signal.
Motion to refer to It was moved by Councilman Cox, seconded by
staff and Safety Commission Councilman Egdahl and unanimously carried
that this be referred to the Safety Commission
and staff for study and recommendation°
City Council Meeting -9- September 21, 1976
Use of old Chamber of The Chula Vista Visitors & Convention Bureau
Commerce Building requested that the City donate the old Chamber
building to the Bureau, who would move it to
750 "E" Street and use it as an office.
Acting City Manager Asmus stated the
staff will report back to the Council at the
next meeting on the use of the old Chamber
of Commerce Building.
Bus schedules Councilman Hobel asked Mr. Robens if all
bus schedules had been corrected in regard
to timing.
Mr. Robens stated the schedules have all been
corrected.
Redevelopment Project Councilman tlobel asked for clarification
regarding some aspects of Griffith Project
as stated in the Director of Community
Development's letter.
It was suggested that Redevelopment meet with
the City Council at the next meeting.
Motion for Redevelopment It was moved by Mayor Hamilton, seconded by
Agency meeting Councilman Hyde and unanimously carried that
a Redevelopment Agency meeting be held on
September 28, 1976 following the regular
City Council meeting to discuss this matter.
Appointments to Committees Councilman Hobel announced his appointment
of Ken Kolk to ACCORD and his appointment of
Newton Chaney to Charter Review Committee.
Kathryn Moore ~s. Moore complimented the Council on the
1134 Tobias Drive new Library, concerts, and proposed cultural
Chula Vista center.
Joint meeting of the Mayor Hamilton read the agenda items for
City Council and the the joint meeting of the City Council and
County Board of Supervisors the County Board of Supervisors on September
30, 1976 at 3:45 p.m.:
1) Establishment of a moratorium on building
permits for certain portions of the Castle
Park area
2) Discussion of Local Agency Formation
Commission's study on sphere of influence.
~layor Hamilton suggested one other item to
be added to agenda: Completion of Orange
Avenue.
Motion for additional It was moved by Councilman Hobel, seconded
agenda item by Mayor Hamilton and unanimously carried
that the completion of Orange Avenue be
added to the agenda.
ADJOURNmeNT ~yor ttamilton recessed the meeting at 9:08
pom. to the Executive Session. The meeting
reconvened and adjourned at 9:30 p.m. to the
regularly scheduled meeting of September 28,
1976 at 7:00 p.m.
JENNIE M. FULASZ~ C~
City Clerk
~ Council Secretar~/~