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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.