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HomeMy WebLinkAboutcc min 1975/08/19 MINUTES OF A REGULAR MEETING ~OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday August 19, 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, Assistant City Attorney Beam, Assistant City Manager Asmus, Director of Public Works Robens, Director of Community Development Desrochers, Acting Director of Finance Hackett, Citizens Assistance Officer Smith, Community Development Coordinator Henthorn The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. Eulogy A eulogy was read by the City Clerk for Firefighter Roberto Luis Pollorena who was killed in an auto accident on August 17, 1975. APPROVAL OF MINUTES It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the minutes of the meetings of August 6 and 12, 1975, be approved, copies having been sent to each Councilman. OATH OF OFFICE City Clerk Fulasz administered the Oath of Office to the following newly-appointed commissioners: Edward Kostelnik - Human Relations Commission Dorance Ochs - Safety Commission Phillip Bryant - Safety Commission PRESENTATION FROM Mr. William Wiener, representing the South REPRESENTATIVES OF Bay Division of the organization, pre- MEALS ON WHEELS sented the Council with a plaque in appre- ciation for the City's funding support of their activity during the past three (3) years. PRESENTATION BY Mr. C. R. Campbell, Port Commissioner, PORT COMMISSIONER reported that the State Coastal Zone Commission upheld the appeal against the unanimous decision of the San Diego Coastal Zone Commission granting a permit for the west terminal for Lindberg Field. Mr. Campbell discussed the buffer zones being requested by the Army Corps of Engineers for the Sweetwater marsh; dredging; the navigation channel improve- City Council Meeting 2 August 19, 1975 ment project - the Army Corps of Engineers awarded the contract for $18,700,000 for dredging the channel to General Construction and Western Dredging of Portland; status of the wildlife reserve, and the "J" Street marina vandalism problem, ORAL COMMUNICATIONS Mrs. Evelyn Lopez Mrs. Lopez stated that the County Board of 81S Third Avenue Supervisors are planning to close down the Suite 209 Alcoholism Counseling and Education Center-- Chula Vista South Bay Out Reach Office at 81S Third Avenue on September 30, 1975. She cited the operations of this office which take in the entire South Bay-from Vista to San Ysidro and the need to keep the office open. Mrs. Lopez asked Council's support in requesting that the County again fund and expand the counseling center. Motion to contact It was moved by Councilman Egdahl, seconded Supervisor by Councilman Hyde and unanimously carried that the Mayor contact the supervisor from this area both for information and to encourage him to investigate further the value of this program to the South Bay area. Steve Ballard Mr. Ballard spoke of the lack of an access 635 Landis Avenue necessary for emergency vehicles to reach Chula Vista the new Chula Vista Community Hospital. (Bay Cities Ambulance) There is no access road over the new 1-805. Mr. Ballard stated it was necessary to have Brandywine Street open as far possible south and that Palomar be extended east at least to Brandywine. He suggested that the City investigate a possible joint effort with the County (if the road is partly in the County) to complete this access road. Motion to refer to It was moved by Councilman Hyde and seconded City Manager by Mayor Hamilton that the City Manager be requested to investigate the situation described by Mr. Ballard and make a report and recommendation to the City Council within 30 days. If this is not enough time, the City Manager is to give the Council a status report within that time. Discussion of motion Councilman Scott spoke against the motion remarking that the location of the hospital was chosen by the present Board of Directors of the hospital and for the City to go out and put in roads ahead of the need to fill a secondary need of the hospital would be an extreme shift of priorities. Councilman Scott added that roads are put in by devel- opers and not by the City. City Council Meeting 3 August 19, 1975 Motion failed The motion failed by the following vote: Ayes: Councilman Hyde NOES: Councilmen Egdahl, Scott, Hamilton Absent: Councilman Hobel PUBLIC HEARING - The County of San Diego is proposing to FORMATION OF AN UNDERGROUND widen Main Street and to underground the UTILITY DISTRICT ON MAIN overhead utility lines from Beyer Way to STREET - OTAY VALLEY ROAD 2100' east of Hilltop. A portion of this FROM BEYER WAY TO 2100' EAST project lies within the boundaries of the OF HILLTOP DRIVE City of Chula Vista. The County has conditioned the creation of the underground utility district upon the City of Chula Vista forming a district on that portion of Main Street/Otay Valley Road lying within the City's boundaries. Director of Public Works Robens explained that there would be no cost to the City for the undergrounding of the overhead facilities - the entire undergrounding cost will be paid by the County from funds allocated by the San Diego Gas and Electric. Public hearing This being the time and place as advertised, opened Mayor Hamilton opened the public hearing. Jack Gardner Mr. Gardner explained he was one of the 4363 Grace Road owners of seven (7) acres of property Bonita on the corner of Main and Hilltop. He commented that his property runs deep (550') and wondered if the balance of this property would be in the district. Mr. Robens explained that the district was defined by the boundaries (200' from the center of 0tay Valley Road); however, Mr. Gardner could serve all the property from taking service from Otay Valley Road or Hilltop. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. RESOLUTION NO. 7868 Offered by Councilman Egdahl, the reading ESTABLISHING AN UNDERGROUND of the text was waived by unanimous con- UTILITY DISTRICT ON MAIN sent, passed and adopted by the following STREET - OTAY VALLEY ROAD vote, to-wit: FROM BEYER WAY TO 2100 FEET EAST OF HILLTOP DRIVE AYES: Councilmen Egdahl, Scott, Hamilton, Hyde Noes: None Absent: Councilman Hobel City Council Meeting 4 August 19, 1975 RECESS TO REDEVELOPMENT The Council recessed to the Redevelopment AGENCY MEETING Agency meeting at 8:20 p.m. and the meeting reconvened at 8:27 p.m. CONSENT CALENDAR It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7869 - The Public Works Department requested des- AUTHORIZING THE truction of their old files presently DESTRUCTION OF PUBLIC stored in the Police facility basement WORKS FILES and City Attorney's vault. No file will be destroyed that is less than five years old and all files concerning construction, Gas Tax, City projects, 1911 Acts, etc. will not be destroyed regardless of age. RESOLUTION NO. 7870 - The first Engineering standard drawings APPROVING AND ADOPTING were approved by the City Council in 1968. CERTAIN STANDARD This revision includes both revised and DRAWINGS TO COVER THE new drawings necessitated by various CONSTRUCTION OF PUBLIC Council policies, ordinances, the 1975 IMPROVEMENTS IN THE CITY Subdivision Map Act, and the use of new OF CHULA VISTA construction methods and materials. RESOLUTION NO. 7871 - The uncontrolled embankment lies north and APPROVING AN UNCONTROLLED adjacent to their existing parking lot and EMBANKMENT AGREEMENT the uncontrolled embankment will drain to BETWEEN THE CITY OF East Naples Street. The agreement, signed CHULA VISTA AND PARK HILL by the Park Hill Methodist Church, states UNITED METHODIST CHURCH that the uncontrolled embankment is not FOR PROPERTY LOCATED AT eligible for a building permit unless 545 EAST NAPLES STREET special soils analysis and foundation design are submitted to the City Engineer. The church also assumes the responsibility for maintaining the uncontrolled embankment area in a safe and sanitary manner. (End of Consent Calendar) RESOLUTION NO. 7872 - In a written report to the Council, Acting PROVIDING FOR THE SPECIAL Director of Finance Hackett reported that APPROPRIATION OF FUNDS FOR the budget request for comprehensive general COMPREHENSIVE GENERAL liability insurance for Fiscal Year 1975-76 LIABILITY INSURANCE was $67,350.00. Of this amount, $57,250.00 was for the base policy and $10,100.00 for umbrella coverage. In the interim, the City received a notice of cancellation from Imperial Insurance Company and bids for the insurance coverage were readvertised. Harbor Insurance Company submitted the iow bid in the amount of $103~333.00 for the base policy coverage. Central National Insurance Company of Omaha submitted the iow bid of $37,500.00 for the umbrella coverage. These costs exceeded the budgetary commitment of $67,350.00 by $75,483.00; therefore, a request was made for the appropriation of these funds. City Council Meeting 5 August 19, 1975 Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous con- sent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hamilton~ Hyde Noes: None Absent: Councilman Hobel ORDINANCE NO. 1636 - Tho ordinance places the position of AMENDING TITLE 2 OF THE Deputy City Clerk in the unclassified ser- CHULA VISTA MUNICIPAL vice. This classification change by CODE BY ADDING THERETO ordinance is allowed by a recent change in A NEW CHAPTER 2.05 the City Charter. The ordinance was placed RELATING TO PERSONNEL AND on first reading at the meeting of CIVIL SERVICE REGULATIONS August 12, 1975. SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel ORDINANCE NO. 1637 - The Council has been meeting at 7:30 p.m. AMENDING SECTION 2.04.020 since November 1974. This ordinance which OF THE CITY CODE RELATING had its first reading at the meeting of TO THE TIME OF REGULAR August 12, 197S will set the meeting time MEETINGS OF THE CITY back to 7:00 p.m. COUNCIL - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hami 1 ton, Hyde, Egdahl Absent: Councilman Hobel ORDINANCE NO. 1638 - San Diego County has increased its annual AMENDING SECTION 8.08.070 inspection fees for food establishments OF THE CITY CODE RELATING and therefore, it was necessary for the TO THE ESTABLIS~qENT OF City of Chula Vista to amend its ordinance ANNUAL INSPECTION FEES to that the fees would comply with those FOR FOOD ESTABLISHMENTS of the County. The ordinance had its SECOND READING AND ADOPTION first reading on August 12, 1975. City Council Meeting 6 August 19, 1975 Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent: Councilman Hobel ORDINANCE NO. 1639 - The ordinance requires the location of A~NDING SECTION 6.04.090 any cages for rabbits and fowl to be main- AND REPEALING SECTION rained at least five feet from a property 6.04.040 OF THE CHULA line as well as fifty feet from adjacent VISTA MUNICIPAL CODE homes. The ordinance was placed on first RELATING TO RABBITS AND reading at the meeting of August 12, 1975. DOMESTIC FOWL - HOUSING RESTRICTIONS SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this second reading and ordinance be placed on its second reading adopted and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit AYES: Councilmen Scott, Hamilton, Hyde, Egdahl Noes: None Absent Councilman Hobel CITY MANAGER'S REPORT COASTAL COMMISSION City Manager Cole reported that the Coast IMPLEMENTATION PlAN Regional Commission will have a hearing on September 5, 1975 to receive comments relating to its proposed implementation of the California Coast Plan. With the approval of the Council, the City will make a presentation at this meeting. Mr. Cole will submit a written report to the Council at the next meeting. Motion to accept report It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried to accept the City Manager's comments. REPORT ON REQUEST OF City Manager Cole responded to the request GIRL SCOUT TROOP 1389 of Girl Scout Troop 1389 made at the REGARDING FUND RAISING Council meeting of July 29, 1975 to paint ACTIVITIES house numbers on curbs and to sell mer- chandising coupon books. He recommended City Council Meeting 7 August 19, 1975 that (1) permission be granted for the curb painting subject to Code conditions; (2) waive the requirement for the $2,500.00 cash bond deposit for obtaining the special Police permit for the sale of the mer- chandising coupons but require other Code conditions. Motion to accept City It was moved by Councilman Hyde and sec- Manager's recommendations ended by Councilman Scott to accept the staff's recommendations. Discussion of motion Councilman Egdahl noted that the Code requirement calls for a majority of the participants to be Chula Vista residents and under this request, only 25% live in the City. Attorney's opinion Assistant City Attorney Beam suggested that if the Council wishes to grant the request, they do so with the stipulation that the action is conditioned upon the group meeting the Code requirements. Mr. Beam added that he believed the residency re- quirement was an ordinance as set forth in the Code. City Manager Cole noted that the head- quarters of the group was not in Chula Vista and the City residency was only 25% of the members. Motion tabled It was moved by Councilman Egdahl and sec- onded by Councilman Scott that the motion be tabled. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hyde Noes: Mayor Hamilton Absent: Councilman Hobel REPORT - RISK City Manager Cole noted the liability MANAGEMENT INSURANCE coverage offered by Harbor Insurance Com- AUDIT pany which annual premium was slightly less than three (3) times the rate charged by the previous carrier. A risk management analyst was scheduled to appear before Council at a Conference to speak on this issue; however, the Conference was can- celled. Mr. Cole submitted written brochures from the risk management firm of Mund, McLaurin and Company, Los Angeles. It was his recommendation that a qualified risk management firm not involved in the City Council Meeting 8 August 19, 1975 selling of insurance be retained to con- duct a risk management insurance audit for the City. Mr. Cole requested that the Council authorize him to secure proposals from qualified risk management firms to perform this complete audit and make recommendations relative to alternative measures that would improve this City's risk management program. Council discussion The Council discussed the possibility of scheduling another Conference to hear this presentation. Conference scheduled It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that this item be placed on the Council Conference scheduled for August 27, 1975. TAX LEVY City Manager Cole stated that the final information on the assessed valuation for the utilities was received on Monday after- noon. The preliminary budget was based on a $1.35 tax rate and a 5.1% assessed value increase. The total assessed value of 10.8% was received. This is divided be- tween the bayfront redevelopment district - 4.7% and the general city 6.1%. The 1% increase over the 5.1% is nominal. Mr. Cole remarked that he will recommend to the Council that the $1.35 tax rate be set for the coming year. MAYOR'S REPORT Mayor Hamilton said he was informed by Community Development Director Desrochers that the San Diego Regional Coastal Com- mission requires a fee of $1,000.00 for a hearing. Motion for staff It was moved by Mayor Hamilton, seconded report by Councilman Scott and unanimously carried that the staff be directed to investigate this fee requirement - how they came up with this figure and how they can justify it. COUNCIL COMMENTS BUS SCHEDULES Councilman Scott commented that he received several complaints relating to the fact that the City bus schedules does not fit in with the San Diego Transit line. He asked the staff to investigate the follow- ing problem areas: (1) Rohr in the evening where the bus is scheduled to leave prior to the last shift being off; (2) in the morning, the bus does not meet the "L" line- it gets there after the "L" bus leaves. City Council Meeting 9 August 19, 1975 UNANIMOUS CONSENT ITEMS Councilman Scott explained that he did not sign the Unanimous Consent item tonight on the levying of the tax because this was an extremely important subject and not one that should be presented to the Council tonight for action. It is something the Council should have time to read, discuss with the staff, and have at least a week to think it over. City Manager Cole noted that the Council must adopt the tax rate in August and next week is the last week the Council can take action on this ordinance. 1-805 OFF RAMP Councilman Egdahl noted the dangerous AT BONITA crossing coming off the off-ramp of 1-805 and trying to get to Bonita Mesa Road. He suggested that it be signed in such a way that instead of following a right turn, the motorist go on as if he were to make a left turn and then make the right turn onto Bonita Mesa - the same as Halecrest. CLAIRE AVENUE OPENING Councilman Egdahl discussed the staff being in the process of making a study on the opening of Claire. He commented that the Council indicated it should be opened up at least to pedestrians. If this is to be done, he would suggest the staff add to their reconnnendation a walk-through at the end of Carla Avenue. Residents on this street feel that if the City wants them to use the bus lines, it should give them some convenience to get to where the bus will be. Motion for It was moved by Councilman Egdahl, seconded staff report by Councilman Hyde and unanimously carried that this be added to the staff report. WRITTEN COMMUNICATIONS Request for waiver of cash The Montgomery High School Band Boosters deposit on licensing requested waiver of the $2,500.00 cash ordinance - Montgomery deposit as required by the City Code to High School Band Boosters compile and sell a coupon book from local businesses as a fund raising project. Waiver granted It was moved by Councilman Hyde and sec- ended by Councilman Egdahl and unanimously carried that the waiver of the $2,500.00 cash deposit be granted for obtaining the special Police permit for the sale of merchandising coupons, but subject to all other Code requirements. City Council Meeting 10 August 19, 1975 Discussion of motion Council discussion followed on the fact that the High School was not in the City limits and thereby fell under the same Code regulations as that of the Girl Scouts discussed previously on the agenda. Assistant City Attorney Beam stated there was no Code restriction - the matter was a Council policy. Councilman Hyde noted that the attendance boundaries were flexible and could include a majority of students in Chula Vista. City Manager Cole stated that in the pre- vious action (Girl Scouts), there was a residency requirement pertaining to the curb painting; however, this request is strictly for the coupon books and Council can allow this if they so desire. Verified claim for Mr. Gonzales-Scolari filed a claim in the damages - Hector Gonzales- amount of $6,000.00 claiming that on Scolari, 161W. San Ysidro June 6, 1975, a 1972 Lincoln Continental Boulevard, San Ysidro belonging to a Mr. Joe A. Berlanga and which he was repairing was taken from his premises by a third party from Oklahoma and removed from this State. The Chula Vista Police were asked to prevent this third party from taking the car but they refused to intercede. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. Verified claim for Mr. and Mrs. Roark filed a verified claim damages - Ivan W. and for damages in the amount of $134.32 Delores D. Roark, Star claiming that on July 12, 1975, the Route Box 62, sewer backed up from a City line causing Dulzura, California damage to their carpeting. Claim denied It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. CLAIRE AVENUE OPENING Councilman Scott referred to Councilman Egdahl's statement concerning his indi- cation that it was the Council's assump- tion that Claire Avenue was to be opened up. Councilman Scott said this was not the consensus - the Council merely asked the staff for a report on the entire matter. City Council Meeting 11 August 19, 1975 SEPTEMBER 9 MEETING It was moved by Councilman Scott and sec- onded by Mayor Hamilton that no meeting be held on September 9 because of its being Admissions Day and no meeting be held on the 5th Tuesday of the month. Substitute Motion It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the decision of whether or not to hold a meeting on the 5th Tuesday of next month be deferred until the middle of September. ANNUITY FOR CITY Councilman Scott commented on the letter ATTORNEY sent to the Council by City Attorney Lindberg. The Attorney requested that his $25.00 monthly allowance which was given to the department heads for insurance or annuity be placed in his credit union Referred to City Manager It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this request be referred to the City Manager for technical comments. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:52 p.m. to the meeting scheduled for August 26, 1975 at 7:30 p.m. CityC~%, CMC ~