HomeMy WebLinkAboutcc min 1980/06/03 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. June 3, 1980
A regular meeting of the City Council of the City of Cbula Vista, California, was held on
the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building,
276 Fourth Avenue.
ROLL CALL
Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, M¢Candliss, Scott
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager
Asmus, Development Services Administrator Roberts, City Engineer Lippitt,
Director of Parks and Recreation Hall, Director of Community Develop-
ment Desrochers
The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES It was moved by Councilwoman McCandliss, seconded by Coun-
cilman Cox and unanimously carried that the minutes of the
minutes of the meetings of May 22, 27, and 29, 1980 be
approved, copies having been sent to each Councilman.
2. SPECIAL ORDERS OF THE DAY
a. Introduction of Council (None)
guest
b. 30-Year Service Award to Rudy Schmoke joined the Fire Department on June 1, 1950.
Rudy A. Schmoke On August 1, 1968, he was promoted to Battalion Chief after
serving as a Fireman, Engineer, Captain and Training Officer.
Mayor Hyde presented Battalion Chief Schmoke with a 30-year
service award pin.
c. Proclamation: "Our }louse ~yor Hyde declared the week of June 8-15, 1980 as "Our
Week" House Week" and presented the Proclamation to a represen-
tative of "Our House".
3. ORAL COMMUNICATIONS
Duane Coates Mr. Coates, speaking on behalf of Cub Scout Pack 194, asked
710 Church Avenue permission to sponsor a Cubmobile race on July 12, 1980
Chula Vista between the hours of 8:00 a.m. and 1:00 p.m. closing off
the end of "I" Street, east of Robert Avenue.
Motion to approve It was moved by Councilman Cox, seconded by Mayor Hyde and
unanimously carried that the request be approved subject to
staff conditions.
4. WRITTEN COMMUN[CATIONS (None)
CONSENT CALENDAR It was moved by Mayor Hyde, seconded by Councilman Scott and
(Items 5 and 6) unanimously carried that the Consent Calendar be approved and
adopted with the exceptions of items ? and 8.
5. RESOLUTION NO. 10116 - Muraoka Development Company, Inc., developer, has completed
ACCEPTING PUBLIC IMPROVE- the required public improvements for Palomar Palace Estates
MENTS, PALOMAR PALACE in accordance with the approved plan and specifications and
ESTATES to the satisfaction of the City Engineer.
Held Tuesday - 7:00 p.m. -2- June 3, 1980
CONSENT CALENDAR (Cont.)
6. RESOLUTION NO. 10117 - The resolution makes permanent the following traffic regu-
ESTABLISHING BOULEVARD lation which has been in effect for eight months:
STOPS AND/OR THROUGH
STREETS IN THE CITY - SCHEDULE II - SPECIAL STOPS REQUIRED
CORTE MARIA AND FIRST
AVENUE Intersection Traffic Stopped on Sign
Flower/Corte Maria Corte Maria 2
1st Avenue/Flower St. 1st Ave (SR~ 1
(End of Consent Calendar)
7. RESOLUTION - The final map has been checked by the Engineering Department
APPROVING MAP OF CHULA and found to be in conformity with the tentative map. One
VISTA TRACT NO. 80-8, condition of approval requires the developer to be respon-
PARKWAY PLACE SUBDIVISION, sible for certain drainage improvements for which the develop-
ACCEPTING ON BEHALF OF er was to post a cash bond deposit. The developer has re-
THE CITY THE EASEMENT quested a deferral of this payment to allow payment to be
GRANTED ON SAID MAP WITHIN made from the sale of the homes. The agreement provides for
SAID SUBDIVISION a 60-day period of posting the deposit.
Gary Hay Mr. Hay, representing the developer, noted the drainage
Biggs Engineering improvements already constructed by the developer {$40,000)
121 East 31st Street and the cost of the additional drainage construction required
National City ($21,888.00). He asked that some type of lien agreement be
made guaranteeing the amount to the City but allowing the
map to be recorded, the houses to be built and requiring
one-fourth of the $22,O0~ to be paid to the City each time
a house is sold.
City Engineer's City Engineer Lippitt agreed to the request recommending
recommendation that an interest amount, to be determined by the Director
of Finance, be added to the amount. Mr. Lippitt added that
an agreement would have to be brought back to implement this
approval.
City Attorney's opinion Mr. Lindber~ concurred that an appropriate agreement giving
full security to the City could be arranged for a combination
of a lien agreement and a certificate of occupancy of the
units.
Motion for agreement It was moved by Mayor Hyde that such an agreement be prepared
and that this resolution be modified to provide a paragraph
which would authorize that the cash deposit for the full
improvements would be satisfied by a lien against the pro-
perty to be paid off as the homes are sold - the final map
not to be finalized until the last payment has been made.
Discussion of motion City Attorney Lindberg remarked that the final map would be re-
corded at such time as the Council receives an appropriate
agreement securing the payment of the amount at a future
date -- the recordation of the final map would be held up
until such time as the City and developer concur with the
conditions of that agreement.
Motion withdrawn Mayor I~de withdrew his motion.
Motion for agreement It was moved by Mayor Hyde, seconded by Councilman Scott and
and revised resolution unanimously carried that an appropriate agreement be drawn
up covering the points cited and that the resolution be
modified to accommodate this.
Held Tuesday - 7:00 p.m. -3- June 3, 1980
8. RESOLUTION NO. 10118 - Under provisions of the Bayfront Redevelopment Plan, subject
APPROVING ENCROACHMENT portion of Bay Boulevard was to be abandoned and sold to
PERMIT NO. 80-12 TO BAY the adjoining property owner. Since there are two separate
BOULEVARD CORPORATION ownership properties involved, the entire street right of
way can not be vacated without eliminating access to the
northernmost parcel. The owners of the property at the
northeast corner of Bay Boulevard and "E" Street propose
to lease the adjacent acreage to the north and develop both
parcels with a Ramada Inn complex utilizing the abutting
Bay Boulevard right of way. Since the right of way would
provide access to both parcels, it is recommended to permit
the encroachment for the duration of the 67 year lease.
No liability to City In answer to the Mayor's query, City Attorney Lindberg stated
that the City is adequately protected from any liability in
approving this encroachment permit.
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, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
RESOLUTIONS AND ORDINANCES, FIRST READING
9. RESOLUTION NO. 10119 - A written report, dated June 3, 1980 was filed with the City
APPROVING THE REPORT OF Clerk by the City Engineer stating that bids for maintenance
THE CITY ENGINEER b~DE of the landscaping of the Town Centre Redevelopment Area
PURSUANT TO THE REQUIRE- were received on May 28, 1980 ranging in price from $9,500
MENTS OF RESOLUTION NO. to over $20,000. The apparent low bidder was Mazon Incor-
10084 FOR TOWN CENTRE porated. The total cost for the District maintenance next
NO. 1 STREET LIGHTING year will be $15,000 and the Assessment Engineer is making
AND LANDSCAPING MAINTE- a respread based upon the new actual costs.
NANCE DISTRICT NO. 1980-81
The District boundaries include all of the area along Third
Avenue between "E" and "G" Streets. The City Engineer is
recommending that the City make a contribution to the Dis-
trict for street lighting and a loan for a six-month mainte-
nance period.
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, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
a. RESOLUTION NO. 10120 - The resolution sets the date of Tuesday, June 17, 1980 at
DECLARING COUNCIL'S 7:00 p.m. for the public hearing.
INTENTION TO ORDER CER-
TAIN STREET LIGHTING
FIXTURES AND APPURTENANCES
TO BE ~¢INTAINED AND
ELECTRIC CURRENT TO BE
FURNISHED FOR LIGHTING
SAID FIXTURES AND TO ORDER
CERTAIN LANDSCAPING TO BE
MAINTAINED AND REPLACED
FOR THE FISCAL YEAR BEGIN-
NING JULY 1, 1980 AND
APPOINTING A TIME AND
PLACE FOR HEARING PROTESTS
IN RELATION THERETO - TOWN
CENTRE NO. 1 STREET LIGHTING
AND LANDSCAPING MAINTENANCE
DISTRICT NO. 1980-81
Held Tuesday ~ 7:00 p.m. -4- June 3, 1980
RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.)
Resolution offered Offered hy Councilman Scott, the reading of the text was
waived by unanimous consent, passed and adopted by the
following vote, to-wit:
AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
10. RESOLUTION NO. 10121 The resolution revises Resolution No. 6436 in order to
APPROVING REVISED POLICY clarify certain requirements; make the policy more efficient
RULES GOVERNING THE USE to administer; and change the fee schedule to reflect cur-
OF CITY PARKS AND RECREA- rent costs.
TION FACILITIES AND THE
FEE SCHEDULE FOR SAID The Parks and Recreation Commission recommended deletion of
FACILITIES ~: "Facilities close at 11:00 p.m. from Sunday through
Thursday and at 12:00 midnight on Friday and Saturday."
Recommendation: "Use permits will not be granted for de-
nominational or sectarian purposes. Exception: Memorial
Bowl may be used for special events but not on a continuous
basis."
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, Hyde, McCandliss, Scott, Gillow
Noes: None
Absent: None
1t. RESOLUTION NO. 10122 - In a written report to Council, the Development Services
PROVIDING FOR THE SPECIAL Administrator stated that the Central Garage Fund is short
APPROPRIATION OF FUNDS - of funds due to the unanticipated sharp increase in fuel
$30,000 FROM THE GENERAL prices during this fiscal year and an exceptionally expensive
FUND UNAPPROPRIATED year for accidents and unscheduled major maintenance. He
BALANCE TO THE CENTRAL recommended that the Council appropriate $15,000 from the
GENERAL FUND fund balance of the General Fund to Account 700-7000-5311 -
and $15,800 to Account 700-7000-S365 (total of $30,000).
Resolution offered Offered by Mayor Hyde, the reading of the text was waived
by unanimous consent, passed and adopted by the following
vote, to-wit:
AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow,
Cox
Noes: None
Absent: None
12. RESOLUTION NO. 10123 - On May 27, 1980, the Council accepted Design Phase No. 3
APPROVING AGREEMENT of the architect's plans and he is now ready to proceed
BETWEEN CITY AND M.H. with the second and third phases of the remodeling. The
CREEK FOR ARCHITECTURAL contract provides for a 60-day maximum for completion of
SERVICES FOR THE GLENN plans and specifications. Total compensation for the
RESTAURANT AND APPRO- architect's services will not exceed $20,000.
PRIATING FUNDS THEREFOR
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, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
Held Tuesday - 7:00 p.m. -5- June 3, 1980
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
13. ORDINANCE NO. 1911 - At the meeting of May 6, 1980, the City Council determined
AMENDING SECTION 5.54.100 that they would no longer conduct a public hearing to con-
OF THE MUNICIPAL CODE sider the adjustment of rates of fare for taxicabs in the
RELATING TO FARE RATES City. The ordinance was placed on first reading at the
FOR TAXICABS - SECOND meeting of May 27, 1980.
READING AND ADOPTION
Ordinance placed on It was moved by Councilman Scott that this ordinance be
second reading and placed on second reading and adopted and that the reading
adopted of the text be waived by unanimous consent. The motion
carried by the following vote, to-wit:
AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
14. ORDINANCE NO. 1912 - The ordinance amendment which was placed on first reading
AMENDING SECTION 2.46.040 at the meeting of May 27, 1980, staggers the terms of Youth
OF THE MUNICIPAL CODE Commissioners making them a two-year period.
RELATING TO APPOINTMENTS
FOR THE YOUTH COb~qlSSION
SECOND READING AND
ADOPTION
Ordinance placed on It was moved by Councilman Scott that this ordinance be
second reading and placed on second reading and adopted and that the reading
adopted of the text be waived by unanimous consent. The motion
carried by the following vote, to-wit:
AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss
Noes: None
Absent: None
15. REPORT OF THE CITY MANAGER
a. Motion for Executive City Manager Cole asked for Executive Session for reasons
Session of personnel negotiations.
It was moved by Mayor Hyde, seconded by Councilman Gillow
and unanimously carried that an Executive Session be held
at the close of the meeting for personnel negotiations.
b. Conference on Visitor City Manager Cole discussed the amount of $15,000 appro-
Bureau Centers priated by the City Council at budget time for this activity
and noted that a Conference is to be held prior to the
adoption of the budget to discuss the matter fully and get
more detailed information from the Chamber of Commerce.
Mr. Cole noted that the Mayor will be away next week and the
public hearing on the budget is scheduled for June 17, 1980.
A discussion was held in which the Councilmembers reviewed
their schedules for possible meeting dates.
Motion for Conference It was moved by Councilwoman McCandliss and seconded by
Mayor Hyde to hold the Conference on June 19 st 4:00 p.m.
Discussion of motion Councilman Scott stated he could not attend on this date.
Motion withdrawn Councilwoman McCandliss withdrew her motion; Mayor Hyde
withdrew the second.
Substitute Motion It was moved by Councilwoman McCandlis$, seconded by Mayor
Hyde and unanimously carried that the Council schedule a
Council Conference on Tuesday, June 17, 19gO at 4:00 p.m.
to discuss the Visitor-Convention Tourist B.ureau.
Held Tuesday - 7:00 p.m. -6- June 3, 1980
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
16. REPORT ON 1980 CONCERT Director of Parks and Recreation Hall submitted a report
SCHEDULE IN MEMORIAL BOWL to Council listing the schedule for the 1980 summer program
for the period June 22 to August 24, 1980. The sum of
$4,000 has been appropriated for the program.
Report accepted It was moved by Councilman Scott, seconded by Councilman
Gillow and unanimously carried to accept the report.
17. REPORT ON FOCUS CO~4ITTEE The FOCUS Committee requested that Otay Elementary School be
REQUEST TO ESTABLISH A added to the list of schools where the City's Parks and Re-
PLAYGROUND PROGRAM AT OTAY creation De,partment operates playground programs. Director
ELEMENTARY SCHOOL of Parks and Recreation Hall stated it would cost approxi-
mately $1,500 for the additional personneI services required.
City Manager Cole recommended the request be denied noting
that upon the passage of Proposition 13, ten schools were
eliminated from the summer recreation programs due to certain
criteria and factors. Mr. Cole added that the 0ray Elemen-
tary School area can be served by the major recreational
facility including scheduled programs at Loma Verde.
Motion to deny request It was moved by Mayor Hyde, seconded by Councilman Scott and
unanimously carried that the recommendation of the City
Manager be accepted (denial of the request).
MAYOR'S REPORT
a. Chamber Board of Mayor Hyde remarked that the Board of Directors of the ChamBer
Directors Meeting of Commerce will be meeting on Saturday, June 7 and requested
two Councilmen to attend.
Councilman Scott and Councilwoman McCandliss stated they
would attend.
b. Vacancies on board and Mayor Hyde noted the number of vacancies on the boards and
commissions commissions and asked the Council members for recommendations
for appointments.
COUNCIL COMMENTS
Legislative Committee Report:
Senate Bill 462 (Dills) Councilman Cox reported that correspondence will be sent to
the Assembly Committeeon Ways and Means noting the Council's
previous opposition to this bill {Prohibition on City Control
Over Billboards), since the committee will be meeting on
June 5.
Motion to oppose SB 467 It was moved by Councilman Cox, seconded by Councilman Scott
and unanimously carried to oppose SB 467 {Local Employer-
Employee Relations bill).
Motion to oppose Senate It was moved by Councilman Cox, seconded by Mayor Hyde and
Constitutional Amendment unanimously carried to oppose the amendment to the Proposition
46 13 bill and that appropriate communications be sent to the
Assembly Committee on Revenue and Taxation.
Letter commending Councilwoman MeCandliss referred to the letter received from
Planning Staff Pacific Scenes to Ken Lee of the Planning Department in which
he thanked Mr~ Lee for hia help in redoing their development
plans. Councilwoman McCandl~ss also commended Mr. Lee for the
excellent preaentation made recently to the Council on this
development.
EXECUTIVE SESSION The Council recessed to Executive Session at 7:52 p.m. and the
meeting reconvened at 8:20 p.m.
ADJOURNMENT Mayor Hyde adjourned the meeting at 8:20 p.m. to the meeting
scheduled fo Tuesday, June 10, 1980 at 7:00 p.m.