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HomeMy WebLinkAboutcc min 1975/08/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHUL& VISTA, CALIFORNIA Held Tuesday August 26, 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, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Acting Director of Finance Hackett, 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 Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meeting of August 19, 1975 be approved, copies having been sent to each Councilman. INTRODUCTION OF GUEST Mayor Hamilton introduced Ms. Pamela COMMISSIONER Woodberry, Vice Chairman of the Library Board of Trustees, as guest commissioner for this meeting. PRESENTATION OF The last quarterly report for fiscal year QUARTERLY REPORT AND 1974-75 was submitted to the Council. YEAR-END AUDIT OF Also included was an audit of the organ- ''OUR HOUSE" ization as required by Resolution No. 6327 which specifies that upon resignation or discharge of the Executive Director, an audit must be made. Ms. Nancy Newhouse was appointed Administrator replacing Gary Wappes as of June 1, 1975. Report and audit It was moved by Councilman Egdahl, seconded by Hyde unanimously carried accepted Councilman and that the financial report and audit be accepted, PRESENTATION OF AWARD - Director of Planning Peterson presented /%MERICAN INSTITUTE OF the Mayor with a certificate of award PLANNERS from the California Chapter of the A.I.P. commending Sedway/Cooke for the prepara- tion of an outstanding Bayfront Plan and to the City Council for its foresight in adopting the imaginative plan and a program for implementing it, City Council Meeting 2 August 26, 1975 ORAL COMMUNICATIONS R. C. Flaugher Mr. Flaugher stated he was representing 3662 Lindberg Street the National Association of Evangelicals, San Diego Department of Social Welfare and Concern. He was speaking on behalf of Reverend Frank B. Gigliotti, National Vice Chairman of the organization. Mr. Flaugher dis- cussed the parking requirements for the Assembly of God Church at Fourth Avenue and "D" Street stating the original requirement was one space per five mem- bers and now the stipulation is one space per each 3.S seats. Mr. Flaugher noted that many members of the congregation come to the church by bus and others pool their cars thus reducing the need for parking spaces. They are requesting that the parking requirements be stipulated as one space per seven seats. Referred It was moved by Councilman Hyde, seconded to staff by Councilman Scott and unanimously carried that this proposal be referred to staff for investigation and report back to the City Council. James Baker Mr. Baker requested a continuance o£ the 427 Corte Maria public hearing on the agenda this evening relating to the regulation of HAM and Citizens' Band Antennaes until a full Council is present. Menard Burns Mr. Burns objected to the request for Taxpayer continuance noting the number of people present who wished to speak on this item. He felt it was not fair to them to con- tinue the public hearing at the request of Phil Schmitt Mr. Schmitt stated he was President of 1330 Crests Lane the Chula Vista Bobbysox League. The Chula Vista League was started five years ago and have now won the National Championship of Bobbysox Softball. Mr. Schmitt asked that this honor be placed on the Chula Vista billboard on I-5 stating "This is the home of the National Champions of Bobbysox League." Motion for resolution It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a resolution be drafted commending this fine group of young ladies on their endeavors. The resolution is to be pre- sented at an appropriate time (during the League's award testimony dinner). City Council Meeting 3 August 26, 1975 PUBLIC HEARING - Councilman Scott referred to the request CONSIDERATION OF ZONING made under "Oral Communications" for a TEXT AMENDMENT REGULATING continuance of this item until a full HAMI AND CITIZENS BAND Council was present. ANTENNAS The City Clerk stated that a full Council win be present at the meeting of Septem- ber 16. Motion for It was moved by Councilman Scott, seconded continuance by Councilman Hyde and unanimously carried that the public hearing be con- tinued to the meeting of September 16, 197S. CONSENT CALENDAR It was moved by Councilman Egdahl,seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7873 - On July 23, 1974, the City Council approved EXONERATING THE $3,100 a $10,000 appropriation for the Visitors LOAN TO THE VISITORS and Convention Bureau for fiscal year AND CONVENTION BUREAU 1974-75 with the direction that the prior outstanding loan of $3,100 to the City be deducted from the original appropria- tion leaving a net expenditure of $6,900. The Bureau submitted its quarterly finan- cial statement in which they reported bona fide operating expenditures in excess of the $10,000 appropriated and requested that the $3,100 loan be expunged from their records. RESOLUTION NO. 7874 - On August 13, 1975, the Planning Commission AUTHORIZING THE DEFERRAL approved a deferral for Mr. and Mrs. Thomas OF THE INSTALLATION OF to improve th~ unnamed street between CERTAIN PUBLIC IMPROVE- Second and Minor Avenue south of "D" MENTS OF THE PROPERTY Street. The property owners have chosen OWNED BY NATHAN L. AND to execute a lien agreement to serve as LINDA JO THOMAS ON THE a performance guarantee for the deferred UNNAMED STREET BETWEEN construction of the public improvements. SECOND AVENUE AND MINOT AVENUE SOUTH OF "D" STREET RESOLUTION NO. 7875 - The resolution includes the requirement ORDERING THE DEFERRAL OF that the property owners enter into an UNDERGROUNDING REQUIRE- agreement with the City stipulating the MENTS, NORTHWEST QUADRANT acceptance of the establishment of an 1-805 FREEWAY AND underground district at some future date BONITA ROAD and waiving the right to protest against the formation of such a district. (End of Consent Calendar) City Council Meeting 4 August 26, 1975 ORDINANCE NO. 1640 - The ordinance provides for a combined LEVYING TAXES ON ALL rate of $1.35 per $100 of assessed PROPERTY IN THE CITY valuation for fiscal year 1975-76: OF CHULA VISTA FOR THE $1.09 General Fund, $.20 Retirement FISCAL YEAR 1975-76 Fund, $.06 Bond Retirement Fund. FIRST READING AND ADOPTION City Manager Cole reported that the total property tax revenue based on a $1.35 rate is estimated to be $3,098,810 after exemptions and less 2% for delinquencies. Ordinance placed on It was moved by Councilman Egdahl that first reading and this ordinance be placed on its first adopted 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 REPORTS OF THE CITY MANAGER Proposed "Drug Abuse Prevention City Manager Cole reported that "Our and Early Intervention" House" is facing financial difficulties Federal Grant Project due to the elimination of County funding for their activities. As a result, they have applied for a federal grant (National Institute on Drug Abuse) and have re- quested that the City sponsor the program. Our House suggested that out of the $6,000 which the City contributes, that $2,500 be utilized as seed money for the Law Enforcement Assistance Administration grant. Mr. Cole added that this application was forwarded to the Environmental Review Coordinator, Finance Department and Police Department for review. Based on their input and additional information received from the Regional Criminal Justice Planning Board and the County Department of Sub- stance Abuse, it was recommended that the City not sponsor the "Our House" grant project. Council discussion Discussion followed in which the Council questioned the City's financial responsi- bility and legal implications. Nancy Newhouse Miss Newhouse explained that this new pro- Administrator gram was never submitted to the County - the program submitted to the County was for a regional drug treatment center ($120,000). This proposal was submitted to the Office of Criminal Justice Planning in January for juvenile delinquency prevention a small part of which is drug abuse prevention. City Council Meeting 5 August 26, 1975 Miss Newhouse introduced Mr. Scott Collins who is the Director of the program as now existing and which will expand under this proposal. In answer to the Council's questions, Miss Newhouse stated that the County took all their drug money funds and decided to form eight regional centers. The South Bay Regional Center will be located at 815 Third Avenue. Financing Miss Newhouse discussed the total budget for "Our House" which was $200,000 for last year. Under the drop-in program, 118 youth were served; and under the federal drug treatment program, the organ- ization helped 324 youth last year. With the new grant funds ($50,000), some of the personnel will be retained; however, more staff will be needed to administer the program. Legal obligations City Attorney Lindberg stated he had no comment to make, at this time, as to the legal responsibilities if the City sponsored this program since there has been no study made of the problems that arise. He could not see any legal could liabilities incurring, but it was an aspect he would like to investigate fur- ther. Administrative Miss Newhouse said she had "program involvement monitors" a format put out by the Depart- ment of Criminal Justice. These forms are filled out by "Our House" and sent to the Council. The Council, in turn, submits them to OCJP. Councilman Scott questioned tho propriety of the Council just signing their names to the reports. He remarked that the City does not have anyone with any expertise in this field to monitor the program. Original drop-in Council discussion ensued around the center original set-up of the drop-in center on Third Avenue. Now plans are being sub- mitted for a drug treatment center and if the grant is not approved, then the drop-in center will be abolished. The Council expressed their concern about the fact that the organization (Our House) is now becoming institutionalized and perhaps the Council should reconsider the whole program and "wind down completely" rather than perpetuating the programs. City Council Meeting 6 August 26, 1975 Hours of operation In answer to the Council's query, Miss Newhouse indicated the Center was closed on Sundays due to a shortage of funds to pay the personnel. Police support City Manager Cole read a letter written by the Chief of Police to "Our House" supporting their request for funds and adding that the programs sponsored by this organization were significant in the reduction of drug offenses. Motion for support It was moved by Councilman Hyde ~hat the City does sponsor this application on behalf of "Our House." No second to The motion died for lack of second. motion Timing Miss Newhouse explained that timing was relevant inasmuch as they would like to start the program as of October 1. To do this, they would need Council sponsor- ship this week. It would then be a nine- month program. Motion for It was moved by Councilman Hyde that this continuance matter be continued until the return of Chief Winters (who is now on leave) and that it be rescheduled with a request that a report be submitted by the Chief of Police containing more detail than that noted in the letter read by the City Manager. Also, at this meeting, representatives of the Board of Directors of "Our House" be present to indicate their position with regard to this request. No second to The motion died for lack of second. motion Motion for It was moved by Councilman Scott and sec- ended by Councilman Hyde that the City Manager bring a report back telling the City Council in some degree of closeness the fiscal responsibilities and the legal responsibilities that this may place upon the City. This report is to be placed on the next Council meeting. Discussion of motion Mr. Wittenberg, Assistant to the City Manager, stated he could give the Council that report this evening. He stated that the question is one of accountability. From a practical stand- point, "Our House" and the Criminal Justice Planning Board would be running and moni- toring the program. The City would be City Council Meeting 7 August 26, 1975 held responsible for the fiscal and ac- countability part of the program. Another point to consider is whether or not the City, on an ad-hoc and rather speedily basis, desires to get into the human care services area. This is a policy question. In the past this has been thought to be a County or regional responsibility. In answer to Council's queries, Mr. Wittenberg remarked that there would be a demand for a higher level of staff time required, a higher amount of specialized monitoring from the Police Department, an in-depth review of the financial reports and some coordinated duties on his part would be required. Councilman Egdahl commented on the fact that the City would become the agent responsible for this human care program. He suggested the Council consider the philosophical issue - does it wish to get into this new field of human services. Motion carried The motion for the City Manager's report due next meeting carried by the following vote: AYES: Councilmen Scott, Hamilton, Hyde Noes: Councilman Egdahl Absent: Councilman Hobel GUESTS AT MEETING Mayor Hamilton recognized Councilman Pinson ~- and Camacho of National City as visitors to the meeting. REPORT ON CONFLICTS City Manager Cole announced that the State BETWEEN THE COASTAL Coastal Commission will hold a public PLAN AND THE CHULA VISTA hearing in San Francisco on Wednesday, BAYFRONT PLAN September 3, 1975 on the ninth of the nine elements of the Coastal Zone Plan, Govern- ment Powers and Funding to carry out the Coastal Plan. Mr. Cole referred to his written report to the Council in which he detailed the ele- ments of the Coastal Plan noting that it adds a new and powerful State agency with powers to approve and disapprove plans in the Coastal Zone. He recommended that the City of Chula Vista testify at this hearing and make the following recommendations: 1. It is totally unnecessary to set up another cumbersome State bureaucracy to implement the Coastal Plan. 2. The agricultural policies of the Plan should be modified to permit areas of agricultural use totally surrounded by urbanization to be developed when develop- ment of those areas will achieve other goals of the Coastal Plan. City Council Meeting 8 August 26, 1975 3. A local coastal element of the General Plan be prepared by each local agency. Report accepted It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the report be accepted. Library Furnishings City Manager Cole remarked that he had a request from the Architect for the new Library and the Interior Decorator for one or two Councilmen to arrive early (3:45 p.m.) to discuss some library decora- tions. Recess A recess was called at 8:55 p.m. and the meeting reconvened at 9:10 p.m. STATUS REPORT ON A status report was submitted to the Council SPHERE OF INFLUENCE by the Directors of Planning and Public Works TRAFFIC STUDY indicating that due to the updating on land use information by CPO, staff is going over some of their previously completed work. The report delineated the work now completed by staff and noted that the first two runs will be made to the County by late September. Report accepted It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the report be accepted. STATUS REPORT ON The Director of Public Works stated that BROADWAY UNDERGROUNDING on February 4, 1975, the Council set June DISTRICT, "H" TO "I" 16 as tho date that property in the dis- STREET trict had to be ready to receive underground service and October 3 as the date poles, overhead wires and associated overhead structures would be removed. San Diego Gas and Electric has informed the City that the cable which was to be used to underground these overhead facilities was found to be defective. They are presently conducting tests on the cable to determine its capability or may have to order new cable from the manufacture. As soon as they settle this issue, San Diego Gas and Electric will proceed with the removal of the overhead facilities across Broadway at "I" Street and will notify the City of the date they expect to have these facilities. Report accepted It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the report be accepted. City Council Meeting 9 August 26, 1975 REPORT ON DOG Acting Director of Finance Hackett re- LICENSING FEES ported that in June 1974, the Council ac- cepted a new dog licensing fee schedule indicating that the costs of maintaining an animal regulation department should be on a break-even basis using the revenues directly generated from animal fees to offset expenses. Mr. Hackett noted that the revenues received from animal fees in fiscal year 1974-75 was $54,475 and the estimated costs for main- taining the animal regulation function for that same period of time was $74,256. It was his recommendation that the ordinance pertaining to dog licensing and impound- ment fees be retained. Councilman Scott commented that implicit in the report was that revenue was going to match with cost. There will be time when these revenues will be down (people not buying licenses). Councilman Scott added that the County is trying to match costs with revenue which he indicated was an irresponsible approach. Report accepted It was moved by Councilman Egdahl, seconded by Mayor Hamilton and unanimously carried that the report be accepted. REPORT ON DISTRIBUTION City Attorney Lindberg stated that the dis- OF ADVERTISING MATERIALS tributors would like to be present at the time the Council considers this report. Motion for It was moved by Councilman Hyde, seconded continuance by Councilman Scott and unanimously carried that this item be continued to the meeting of September 16. REPORTS OF BOARDS AND COMMISSIONS Response to Council In response to the Council referrals, the referrals - Library Board Library Board of Trustees reported the following: 1. The request from the Chula Vista Heritage Days group for an art display case in the new Library be filed. 2. The Board accepts the responsibility of functioning as informants to the public of the needs of the Library and will coordinate receiving gifts and donations. City Council Meeting 10 August 26, 1975 3. Request Council approval of their proposed Modes of Recognition of gifts to the new Library. 4. An appropriate plaque be placed in the new Library facility recognizing the donations of the Birch Foundations' monetary gifts. Report approved It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the recommendations be approved. MAYOR'S REPORT League Dinner Mayor Hamilton announced that the next League of California dinner meeting will be held on August 28, 1975 with the City of Del Mar hosting the event. The program will be a panel discussion and debate on the merits of the League's Land Use Bill. Wall on "H" Street Mayor Hamilton referred to a copy of a letter received from the Director of Trans- portation, County of San Diego, to the Board of Supervisors. He noted that the Director of Public Works will be meeting with these people. Mr. Robens said he is meeting with the County staff and will report back to the Council. Alcoholic Counseling Mayor Hamilton reported that he contacted Center the County regarding the closing down of this center as reported by Mrs. Lopez at the last Council meeting. He was in- formed that it is not part of the County funding; however, Mrs. Lopez' employment will continue through February 1976 (CETA employee). The County is looking into the possibility of making space available for this program in other centers, such as the Otay Clinic or one of the MAC centers in South Bay. SEMINAR AT Councilman Scott reported on the Council SAN FRANCISCO Seminar held in San Francisco last week. He remarked it was one of the best he had ever attended and felt it should be a "must" for all new Councilmen. COF~qlTTEE ON Mayor Hamilton asked that the Council decide PLAZA DEL REY on the number of members for this committee. City Council Meeting 11 August 26~ 1975 Motion for It was moved by Councilman Scott and sec- seven members onded by Mayor Hamilton that seven members be on this committee. Discussion of Councilman Hyde recommended that it be motion eleven members. Motion failed The motion for seven members failed by the following vote, to-wit: Ayes: Councilmen Scott, Egdahl NOES: Mayor Hamilton, Councilman Hyde Absent: Councilman Hobel Motion for It was moved by Councilman Hyde and sec- eleven members onded by Mayor Hamilton that the number be eleven with two members being appointed by each Councilman and the eleventh one being appointed by the whole Council. Speaking against Councilman Scott felt the number was too motion many - the people would not have the res- ponsibility that a lesser number on the committee would have. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl,Hamilton Noes: Councilman Scott Absent: Councilman Hobel Names to be Mayor Hamilton asked that the Council submit submitted their appointees to the committee by next Tuesday (September 2). PARK LAND ACQUISITION Councilman Hyde discussed the amount of money in three different funds for park acquisition (park acquisition - $23?,000; residential construction fund - $26,000; $50,000 + from the sale of land to American Housing ~uild). Motion for It was moved by Cotmcilman Hyde, seconded report by Councilman Egdahl and unanimously carried that a report be submitted within one month of proposals for park land acqui- sition. Included in City Attorney Lindberg requested that the report staff also look at the strictures placed upon the park land fees and whether or not the limitations are such as to be defeating, in a certain sense, of the City's interest in park land acquisition. City Council Meeting 12 August 26, 1975 Motion for It was moved by Mayor Hamilton, seconded amended resolution by Councilman Scott and unanimously carried that the resolution be brought back and amended so that it can be more appro- priately used. CLAIRE AVENUE It was moved by Councilman Egdahl, seconded CLOSING by Councilman Hyde and unanimously carried that the status report regarding the open- ing of Claire Avenue and the sidewalk along Hilltop Drive be accepted. (Councilman Egdahl referred to a memo dated August 15, 197S from Acting Director of Public Works Lippitt indicating they are still working on the problem of sidewalks along Hilltop Drive and will report to the Council on the Claire Avenue opening on the first of October). Councilman Egdahl reminded the staff to also look into the possibility of opening Carla on the south side of East "H" Street for pedestrians only. RESTRICTING Councilman Egdahl noted that the appeal HOUSING of the City of Petaluma to restrict housing to 500 a year was recently upheld. WRITTEN COMMUNICATIONS Resignation of Youth Miss Saffer submitted her letter of resig- Commissioner - Susan nation from the Youth Commission indicating Saffer that she is leaving Chula Vista to further her education at California State Univer- sity at Long Beach. Resignation accepted It was moved by Councilman Egdahl, seconded with regret by Councilman Scott and unanimously carried that the resignation be accepted with regret and Miss Saffer sent a letter of thanks from the Council expressing its appreciation for her services on this commission. Verified claim for Ms. Brey filed a claim in the amount of damages - Ann N. Brey, $149.77 claiming that on August 10 and 12, 479 First Avenue 1975, her sewer line was clogged due to Chula Vista the City's trees adjacent to her residence. Claim denied It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the claim be denied and referred to the City's insurance carrier for investi- gation. City Council Meeting 13 August 26, 1975 CONFERENCE ITEM Mr. Lathan said he was the alternate rep- resentative on the South Bay Cities for Solid Waste Management Proposal for the County. This must be in by September 15 and there are several things he must get direction on from the Council. Mr. Lathan asked that he be allowed to discuss this at the Conference to be held tomorrow (August 27). The Council concurred that this be added to the agenda. Recess to Redevelopment The Council recessed to the Redevelopment Agency Meeting Agency meeting at 9:30 p.m. and the meeting reconvened at 9:31 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:31 p.m. to the meeting scheduled for Wednesday, August 27, 1975 at 4:30 p.m. , .' .../ City ~lerk, CMC ~