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HomeMy WebLinkAboutcc min 1975/09/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 2, 1975 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:30 p.m. in the Council Chamber, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hyde, Egdahl Councilmen absent: Councilman Hobel Staff present: City Manager Cole, City Attorney Lindberg, Director of Public Works Robens, Community Development Coordinator Henthorn, Citizens Assistance Officer Smith, Assistant to City Manager Wittenberg The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the minutes of the meeting of August 26, 1975 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced David Poret as guest CO~qISSIONER commissioner for this ~vening. Presentation of 2S-year Mayor Hamilton presented Sergeant Richard L. service pin to Sergeant Quick, Police Department with a 25-year service Richard L. Quick, Police pin. Department ORAL CO~JNICATIONS Hal Cooper Mr. Cooper, representing the Chula Vista Fiesta Chairman Jaycees stated the dates for the Fiesta are September 27 to October 5; the Carnival will be at Third and Mankato held October 1 - 5 and the Parade will be on October 4. Mr. Cooper extended an invitation to the Council to participate in the parade. Approval of request It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the request to hold the parade be granted, subject to staff recommendations. James Matherly Mr. Matherly repeated a request he had made at a previous meeting to have signs stating Chula Vista City Hall, Chula Vista City Library, Chula Vista Police Department on the appropriate buildings, and that ~ventually City Council Meeting 2 September 2, 1975 the silent prayer after the pledge of allegiance should be deleted. Mr. Matherly further suggested that the Council should take a hard look at the Federal Grant money that is being spent by the City. CONSENT CALENDAR It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7876 - R.E. Hazard Contracting Company has completed ACCEPTING PUBLIC IMPROVE- the public improvements for East "H" Street be- MENTS - EAST "H" STREET tween Hilltop Drive and 1-805 Freeway. A final BETWEEN HILLTOP DRIVE AND inspection was made on August 22, 1975 and all 1-80S FREEWAY - GAS TAX work has been performed to the satisfaction of PROdECT NO. 126 the Director of Public Works and in accordance with the contract documents. RESOLUTION NO. 7877 - The property owners executed a grant deed on ACCEPTING, DEDICATING AND August 12, 1975 for 20' of additional right NAMING CERTAIN REAL PROPERTY of way for Bonita Road. This dedication is a IN SAID CITY FOR STREET AND requirement of the parcel map. HIGHWAY PURPOSES LOCATED AT BONITA ROAD RESOLUTION NO. 7878 - On August 12, 1975, Donald E. O'Neal, Walter ACCEPTING GRANT OF EASEMENT J. Zable, Creighton A. Webb and Shop City Bowl, FROM DONALD E. O'NEAL, WALTER Inc., property owners, executed a grant of J. ZABLE, CREIGHTON A. WEBB, easement for drainage purposes to the city. AND SHOP CITY BOWL, INC. FOR DRAINAGE PURPOSES RESOLUTION NO. 7879 - On August 13, 1974, the City Council indicated DEDICATING AND NAMING ONE its willingness to dedicate the 1' lot con- FOOT CONTROL LOT "E" OF BONITA ditioned upon the church agreeing to annex the BEL AIRE SUBDIVISION - MAP parcels and complete the public improvements NO. 5083 at the northerly end of Camino del Cerro Grande. The Church's contractor, Del Hepp and Son, has posted a bond in the amount of $13,000 to guarantee the installation of the public improvements. (End of Consent Calendar) RESOLUTION NO. 7880 - At the Council meeting of May 13, 1975, the APPROVING AGREEMENT WITH Mayor and City Manager were authorized to CHULA VISTA CITY SCHOOL DIS- explore with local agencies a more effective TRICT FOR "CON~UNITY EDUCATION" use of elementary school facilities. The PROJECT AND APPROPRIATING FUNDS object was to better coordinate services, THEREFOR increase information availability, and facilitate community/neighborhood spirit. City Council Meeting 3 September 2, 1975 Question raised A question was raised by Councilman Hyde as to 1) who are the parties to the agreement, 2) where the funds are coming from to support the $47,000 budget indicated and 3) who would be the lead agency for supervision of the program. Larry Wittenberg The Chula Vista School District is putting in more money than the other signatories because it is the lead agency. The other parties involved are Sweetwater High School District, Southwestern College and the County Board of Supervisors. 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, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel RESOLUTION NO. 7881 - The following bid was received on August 25, ACCEPTING BID AND AWARDING 1975 for the purchase of one (1) Aggregate CONTRACT FOR ONE (1) Spreader for use by the Public Works Depart- AGGREGATE SPREADER merit. United Equipment Co. R-1 Spreader $4,528.00 Ontario, California Trade-In Allowance $8S0.00 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, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel RESOLUTION NO. 7882 - The following bids were received on August 25, ACCEPTING BIDS AND 1975 for the purchase of one (1) 3-5 ton AWARDING CONTRACT FOR ONE (1) vibrating road roller for use by the Public $-S TON VIBRATING ROAD ROLLER Works Department: International Har- Make & Model - vester Co. Essick VR42RET Unit Price - Trade-In Allowance $14,596.75 $496.7S City Council Meeting 4 September 2, 1975 Hawthorne Industrial Make & Model - Equipment Buffalo-Bomag BW90T Unit Price - Trade-In Allowance $13,335.00 $500.00 Funds required for the purchase of the Essick roller, including sales tax, less trade-in allowance are $14,975.81. 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, Scott, Hamilton, Hyde Noes: None Absent: Councilman Nobel RESOLUTION NO. 7883 - The City of Chula Vista's Block Grant applica- PROVIDING FOR THE SPECIAL tion earmarks $6,250 for an economic devel- APPROPRIATION OF FUNDS FROM opment program. It is recommended that THE COS~4UNITY DEVELOPMENT BLOCK $1,000 of this amount be utilized as a one- GRANT AS MEMBERSHIP FEE FOR THE year membership for the Economic Development ECONOMIC DEVELOPMENT CORPORATION Corporation. Jack Henthorn In answer to Councilman Egdahl's questions, Community Development Coordinator Henthorn stated that The EDC is an arm of the San Diego Regional Chamber - they have their own nation-wide promotional campaign. The other entities who belong are E1 Cajon, La Mesa, National City, and San Diego. 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, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel RESOLUTION NO. 7884 - The City Council by Resolution No. 7830 on APPROVING CHANGE ORDER NO. 1 July 22, 1975, awarded a contract to J. H. FOR ROSEBANK SEWER, 1911 ACT Edwards Co. in the amount of $103,539.40 IMPROVEMENT DISTRICT 75-1 to construct the sewer for the Rosebank 1911 Act Assessment District. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to- wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel City Council Meeting 5 September 2, 1975 RESOLUTION NO. 7885 - Mrs. Patsy Rowe, Senior Librarian, submitted ACCEPTING BIDS AND the banners as designed by Ms. Lundgren. AWARDING CONTRACT TO JORJANNA She explained that they are two-sided, LUNDGREN FOR CREATION OF silk screened, and quilted, with applique ARTISTIC BANNERS designs and will be used to cover a broad expanse of wall in the new Library. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to- wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel ORDINANCE NO. 1641 - This new legislation will significantly assist AMENDING TITLE 10, law enforcement agencies in their efforts to CHAPTER 10.72 IN ITS decrease thefts and return recovered bikes ENTIRETY OF THE to their rightful owners. It is the reco~men- CHULA VISTA MUNICIPAL dation of the Chief of Police that the Council CODE AND REPEALING ORDINANCE adopt the licensing procedures as outlined in NO. 1479, ALL RELATING TO THE Division 16.7 of the California Vehicle Code LICENSING OF BICYCLES AND ESTAB- and license fee of $1.00 for a five year period LISHMENT OF LICENSE FEES - be established. First reading Captain Seiveno Captain Seiveno stated it is a state law that bicycles have to be licensed. Forms will be provided to the dealers to report the pur- chases and sales of the bicycles, and every bicycle will have to be registered in order to be driven on public streets. Under State law, the City could charge up to $2.00 per year for a bicycle license. Ordinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel City Council Meeting 6 September 2, 1975 ORDINANCE NO. 1642 - This matter was continued to this meeting to AMENDING TITLE 8 OF THE CITY allow the Legislative Committee of the Chamber CODE BY ADDING THERETO A NEW of Commerce to study the ordinance and make a CHAPTER 8.22 CONTAINING SECTIONS recommendation. 8.22.010 THROUGH 8.22.110, AND REPEALING SECTIONS 5.56.020 THROUGH 5.56.050 OF CHAPTER 5.56 ALL RELATING TO THE PROHIBITION AND REGULATION OF SMOKING IN CERTAIN AREAS AND PREMISES IN THE CITY USED BY OR OPEN TO THE PUBLIC - First reading Jerry Prior Mr. Prior said he was not representing any or- 689 "H" Street ganization, but spoke simply as a restaurant Chula Vista owner. Mr. Prior asked for a clarification on whether the smoker was the violator or the person who owns the business or both? He felt that res- taurants and bars should be exempt. Joe Scannicchio Mr. Scannicchio reported that the Chamber of Chamber of Commerce President Commerce recommended opposition to the Smoking 3575 Frisbee Ordinance in its entirety. They feel a long Bonita look should be taken at the intent and justi- fication of the Ordinance. Also, the matter of enforcing it should be looked into, and it should be determined if there is money available to enforce said Ordinance. Mr. Scannicchio stated that businesses should have the opportunity of telling their clients upon entering their business establishments whether they can smoke or not. There should not be an ordinance on the books which he felt would probably not be enforced. City Attorney's Attorney Lindberg explained that the difficulty opinion could arise in the definition of the "waiting line area" - the IS-foot area between the wait- ing line and the serving area. Attorney Lindberg stated that other communi- ties have established prohibition and taken the lead in this area. Councilman Hyde stated that the Ordinance is not anti-anybody but strictly "pro health". It was moved by Councilman Hyde that a modifi- cation be made as to that portion relating to the waiting lines in restaurants and bars as recommended by the City Attorney (confined to those parties who are in the waiting line as contrasted to those in the dining area). The motion died for lack of second. City Council Meeting 7 September 2, 1975 Discussion Discussion followed regarding the rights of the individual smoker, precise guidelines, service waiting lines and the difficulties of enforcement. Recess Mayor Hamilton called a brief recess at 8:30. The meeting was called back to order at 8:45 p.m. Amendment to Ordinance It was moved by Councilman Egdahl, seconded by Councilman Hyde ~nd unanimously cirried to delete I~F from'the O~dinaxce (including Item B under definitions). Ordinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion carried as modified, by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel CITY MANAGER'S REPORT Drug Abuse Prevention and On August 26, 1975, the City Council con- Early Intervention tinued consideration of the OUR HOUSE grant Federal Grant Project - proposal to the meeting of September 2, 1975. OUR HOUSE Staff was directed to investigate and report upon the legal, administrative, and fiscal ramifications if the City chose to sponsor the project. Captain Virgil Seiveno Captain Seiveno stated that it has been the Police Department policy of the Police Department to support OUR HOUSE. Chief Winters fully supports this organization. Larry Wittenberg Mr. Wittenberg reported that according to the Assistant to City Manager grant set-up, Chula Vista is legally respon- sible for the proper implementation of the grant project. Mr. Cole projected it would cost $2,370 in staff time. City Council Meeting 8 September 2, 1975 Council discussion Councilman Scott questioned the philosophy of the City going into the human care area. Councilman Egdahl stated going into the human care aspect could be a pilot project in this area. Subsequently, Council could either establish a staff position or ask that an individual under administrative staff be charged with responsibility to develop grant proposals in human care. Motion for approval It was moved by Councilman Egdahl that the and staff direction Council declare itself to approve in concept, moving into the human care programs and to ask the staff to bring back information at a sub- sequent meeting as to the direction to be taken and how to implement same. No second to motion The motion died for lack of second. Motion for approval It was moved by Councilman Scott and seconded by Councilman Hyde that approval be given sponsoring this federal grant and also in order to make sure that the project of Our House meets the criteria that is set up, that any grant has to have the approval of the City Council. Suggestion for Councilman Hyde stated that perhaps the wording change of motion could be changed to say rather than "require the approval of the City" to "require that any requests for grants be referred to the City, not necessarily for approval but for notifi- cation.'' Attorney Lindberg Attorney Lindberg stated when sponsoring a particula~ block ~ra~:.~rogr~m, ~he program should be carried out in t~e ~term$'directed by t~e-F~de~l Govergment. If, at any time it is found the group activity is contrary to the desires of the Council in the Human Care Program interest, sponsorship can be withdrawn - but in so doing possibly tho program could be jeopardized if the Council indicated it did not agree with the position the Federal Government imposes for the grant. Motion carried The motion carried unanimously. Motion for staff It was moved by Councilman Egdahl and seconded report by Councilman Hyde that the staff be asked to bring back to the Council reports and advice as to which direction to take in the Human Care City Council Meeting 9 September 2, 1975 Motion re-stated It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the City Council approve in concept a program of moving into Human Care programs and that the staff investigate and advise as to the feasibility, advisability to move in that ,direction. Girl Scouts and Girl Scout Troop 1389 requested waiver of require- Conflict in Girl ment for $2300 bond deposit for sale of coupons. Scout approval It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried to approve the waiver of fees. Councilman Scott queried about a possible con- flict in approving one part and not the other (to be able to do one project and not the other) and commented that a policy should be brought back to the Council whereby the inten- tions of the City Council are made clear. Motion for policy It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a policy be brought back to the Council making the intentions of the City Council in these matters clear - one way or the other. Approval of It was moved by Councilman Egdahl and unani- contract - EDP Management, Inc. mously carried to approve in principle the concept of contracting with EDP Management, Inc., as facilities manager of City's Computer Center. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS Report - California Library The California State Library in cooperation with Authority (CLASS) the Regents of the University of California and the Board of Trustees of the California State University and Colleges is proposing a joint powers agreement for the creation of an agency to assist California libraries in providing a variety of services. Discussion of motion Councilman Egdahl stated that the proposal is that there be one charter city and one county involved setting up this program. It would be possible for the City to join later. He queried the necessity of having staff people involved in the formation of the program. City Council Meeting 10 September 2, 1975 Discussion of motion Councilman Scott felt that Chula Vista should apply as a C~harter City. Motion failed The motion to accept the report failed by the following vote, to-wit: Ayes: Councilman Egdahl NOES: Councilmen Scott, Hamilton, Hyde Absent: Councilman Hobel Motion to apply as It was moved by Councilman Scott, seconded by Charter City Mayor Hamilton and unanimously carried that the City apply as the Charter City to the new proposed Agency CLASS. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel RECO~4ENDATIONS OF CITY BOARDS AND CO~ISSIONS Youth Commission The Youth Commission forwarded its position to regulate smoking in public areas, provision for pedestrian/bicycle crossing of eastern "H" Street and designation of bicycle paths within the City. It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that all of the recommendations be received and duly noted. MAYOR'S REPORT State Coastal Commission Mayor Hamilton stated that he, City Manager Meeting - San Francisco Cole, Attorney Lindberg and Mr. Norman Williams, Assistant Director of Planning, will be atten- ding a one-day meeting of the Coastal Commission tomorrow, September 5, 1975 in San Francisco. Mayor Hamilton will make a presentation. REQUESTS AND STATEMENTS OF COUNCILMEN Councilman Hyde Councilman Hyde read an excerpt from a letter from Mrs. Jolene McPherson, who is asking for a continuance on the matter of the Ordinance concerning HAM antenna regulations from the September 16th meeting to the meeting of September 30th due to personal reasons. Mr. Noble Massey spoke in behalf of the HAM operators who had been present at the last Council meeting. He felt that they would be · against another postponement of this issue. Mayor Hamilton Mayor Hamilton asked him to inform the other HAM operators about this postponement. Motion to continue It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that there be a postponement of this matter until September 30th. City Council Meeting 11 September 2, 1975 Councilman Egdahl Councilman Egdahl spoke about a memo from the City Manager regarding the Third Avenue project area committee, in which he suggested that five to seven persons serve on such a committee. Motion for a five- It was moved by Councilman Egdahl that the member committee Mayor and Vice-Mayor prepare a list of five members for the committee and present them to the City Council for ratification. Speaking against the Councilman Hyde spoke against the motion motion stating that a full Council should be present to participate in the selection of members to such a committee. Councilman Hyde stated that if this motion failed, the Council should at some time go into Executive Session to dis- cuss the specific composition of this com- mittee. Motion change Councilman Egdahl stated that he would have no objection to changing his motion to include that this be done at a specific time limit by the City Council in an Executive Session, possibly within one week after the return of a full Council. Substitute motion It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the composition of the Advisory Committee of the Third Avenue Redevelopment be estab- lished in an Executive Session at the meeting of September 16, 1975. Lights on Tennis Councilman Egdahl mentioned that the tennis Courts courts are getting a lot of play in the evenings, but he felt that there was too much light pollution in the area. The lights at Third and "K" are almost a hazard and possibly some action should be taken. Motion for report It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the staff investigate this matter and report back to the Council. Plaza del Rey Mayor Hamilton stated that each of the Coun- cilmen was supposed to select two people to serve on this committee. He was unable to get a note from Councilman Hobel (he will submit his nominations upon his return from vacation). The Councilmen nominated the following: City Council Meeting 12 September 2, 1975 Councilman Scott - Mary Jane Perkins, Greg Cox Mayor Hamilton - Reva Lynch, Bill Wappes Councilman Hyde - Peter Watry, Theodore Martin Councilman Egdahl - Gerald Williams, Eugene Coleman These people have been appointed to the Com- mittee and Councilman Hobel will present his nominees at the next regularly scheduled meeting on September 16, 1975. Also, at that time, a member at large will be appointed by the Council in Executive Session. WRITTEN COMMUNICATIONS Verified claim Miss Hamilton filed a verified claim for dam- Rexanna Hamilton ages in the amount of $110.00 claiming that 57S-22 Otay Lakes Road on August llth the Mayor backed into her automobile. (Mayor Hamilton abstained from voting on this claim). Verified claim Screens Unlimited filed a verified claim for Screens Unlimited damages in the amount of $222.00 claiming 7924 Ronson Road, Suite G that on July 30, 197S a City truck hit one San Diego of their automobiles. It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that both claims be denied and referred to the insurance carrier. Recess to Mayor Hamilton recessed the meeting at 9:37 p.m. Redevelopment Meeting to the Redevelopment Meeting, and the meeting reconvened at 9:41 p.m. Councilman Egdahl Councilman Egdahl recommended the book - "The Heart of our Cities" by Victor Gruen as an excellent book and stated that members of the Ad Hoc Advisory Committee read it. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:42 p.m. to the regularly scheduled meeting of September 16, 1975. D:AL/T:AL