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HomeMy WebLinkAboutcc min 1975/10/15 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA October 15, 1975 Held Wednesday An adjourned regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 4:00 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hyde, Egdahl Councilmen absent: Councilman Hobel Staff present: City Manager Cole, Director of Public Works Robens, Assistant City Attorney Beam, Administrative Assistant Kesterson, Street Superintendent Levesque DISCUSSION PERTAINING TO Mayor Hamilton opened the meeting at 4:15 p.m. TREES ON WHITNEY-MANKATO and asked the Director of Public Works to CIRCLE give the Council a summary of the events that have taken place. Director of Public Works Mr. Robens explained that this issue involves Robens 64 properties on this Circle (Whitney-Mankato) Due to the uprooting of the Brazilian Pepper trees on these streets, 2/3s of the sidewalk has been displaced making walking here a hazardous condition. Over the years, the City has repaired the street, sidewalks and sewers laterals. Meetings were held with the resi- dents of this Circle concerning this problem. The City received several requests from the property owners to remove their trees. After a recent meeting, a ballot was sent to each of the property owners concerning the trees and listing some alternatives. The results of the ballot were that the existing trees be removed and evergreen pear trees be planted. Margaret Helton Mrs. Helton said she is the Rresident of 162 Mankato Street Mankato-Whitney Circle and was responsible Chula Vista for tallying the ballot votes. She asked that the trees be replaced all at one time to maintain the character and uniqueness of the neighborhood. Mrs. Helton submitted a plat of the area noting the trees that needed replacement, the property owners who agreed to have their trees remove~ and those who objected. She recounted how the property owners paid $20.00 each 23 years ago to buy the Brazilian Peppers and how they have maintained these trees throughout the years. In view of the fact that the Circle is noted for its Christmas decorations, Mrs. Helton asked the City remove the trees after January 2, 1976. Attorney's opinion Assistant City Attorney Beam stated that the City has the right to remove ahy and all trees on the Circle since they are planted in the public rights-of-way. If the trees are Adjourned Regular Meeting 2 October 15, 1975 creating a dangerous condition to the side- walks, the City would be liable for any injuries occurYing including injuries occurring to the persons living in the houses behind the trees. Mr. Beam added that the Director of Public Works would have to make the determination as to whether or nor a tree is creating a hazardous condition. Comments from audience Comments regarding the existing trees, the condition of the sidewalks, the cost and type of maintenance and the poll taken by the property owners were given by Mrs. Judy Sullivan, 182 Mankato Street; Mn and Mrs. George Morrison; Mr. Bill Rogers and Mrs. Bill Hickox. Mr. Morrison stated that the existing tree on his property is over his gas line causing problems. He would like the tree to be removed, replaced with the evergreen pear tree and then have the City give him a letter stating he would be relieved of any responsibility caused by the new tree. Mankato side first Mrs. Helton suggested the Council authorize the removal and replanting of the trees on the Mankato side of the Circle first. Once the Whitney people see how nice this will be, then they might be willing to do the same. Tree maintenance Mr. Leo Levesque, Street Superintendent, described the evergreen pear tree and its maintenance. He discussed the Brazilian Pepper trees and the cause of the uprooting. Monolithic sidewalks Councilman Hyde suggested monolithic side- walks be installed. Mrs. Helton remarked that it was not discussed by the Circle; however, she would be willing to bring this ~uggestion back to them. City Manager Cole MY. Cole stated that no matter what kind of tree is replanted in the right-of-way, there was no guarantee that it would not, in time, cause any problems. The City cannot give Mr. Morrison or any of the residents on this Circle full assurance or a letter that they would be relieved of all responsibility. Mr. Cole added that if the City does remove all the trees, there is no assurance that they will all be cared for - especially in those instances that the property owners have requested that they do not want their present trees removed. Meeting of property owners Mrs. Helton invited the Council and staff to the meeting of the property owners of the Circle on Thursday, October 16, 1975 at 7:30 p.m. at 183 Mankato Street. Adjourned Regular Meeting 3 October 15, 1975 Motion to remove trees It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried by those present that this committee (Whitney- Mankato Circle) be asked to return to their group and that the City Council's stated position be that the present trees will be removed - that the Council's preference from the standpoint of long-range economy to the taxpayers be monolithic curbs; but this is subject to their concensus. The trees will be placed in the existing parkways and existing broken sidewalks will be replaced where it is. Discussion of motion Mrs. Hetton questioned the placement of the new trees if the sidewalks were made mono- lithic. Mr. Robens indicated that it would be normally 4-1/2' inside the sidewalks. If there is an individual problem, this would be considered separately. Mr. Rogers reiterated that the concensus of the property owners on the street was to remove the existing trees, replace them with evergreen pears and repair the sidewalks. Nothing was mentioned about monolithic side- walks. Mrs. Helton commented that there was a great unity and cooperation among the property owners on that Circle now and she hesitated to bring back to them the suggestion of the monolithic sidewalks. Motion to remove Monolithic Sidewalks It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried by those present that the monolithic sidewalk suggestion be taken out of the previous motion. Adjournment Mayor Hamilton adjourned the meetin9 at 5:18 p.m. to the meeting scheduled for Tuesday, October 21, 1975 at 7:00 p.m.