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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~/~