HomeMy WebLinkAboutcc min 1979/08/21 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - 7:00 p.m. August 21, 1979
A regular meeting of the City Council of the City of Chula 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, Councilwoman McCandliss, Councilman Scott
Councilmen absent: Councilman Gillow and Councilman Cox
Staff present: City Massager Cole, City Attorney Lindberg, Assistant City Manager
Asmus, Development Services Administrator Robens, City Engineer
Lippitt, Director of Parks and Recreation Hall, Community Development
Director Desrochers, Acting Director of Finance Franken, Adminis-
trative Analyst Swartfager
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 Mayor Hyde, seconded by Councilwoman McCandli~
and unanimously carried by those present that the minutes of
the meeting of August 14, 1979 be approved, copies having
been sent to each Councilman.
2. SPECIAL ORDERS OF THE DAY (None)
3. ORAL CON~qUNICATIONS
James Matherly Mr. Matherly once again spoke against the Metropolitan
402 Oaklawn Avenue Transit Development Board (MTDB) and the Tijuana passenger
Chula Vista train. He asked that the Council change its position and
oppose the transit rail system.
Mayor Hyde stated that while all members of the Council may
not agree with Mr. Matherly's statements, his efforts in
presenting them are acknowledged.
4. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
(1) NORINA R. ROBERTS On June 26, 1979 a claim in the amount of $1,000,000 was
178 Kent Street filed by Norina Roberts for the death of her husband, William
Chula Vista Roberts, as the result of an automobile accident on Telegraph
Canyon Road. Claimant alleged a dangerous condition existed
on the road which caused the accident.
B~tion to deny claim It was moved by Mayor Hyde, seconded by Councilman Scott and
unanimously carried by those present that thi~ claim be denie~
on the advice of the City's insurance consultant.
(2) DEAN T. BOWDEN On April 23, 1979 a claim in the amount of $18,500 was filed
8283 La Jolla by Demn Bowden for the alleged improper maintenance or design
Shores Drive of a drainage channel adjacent to his property resulting in
La Jolla flood damage to the Royal Apartments at S21 Park Way, Chula
Vista on January 31, 1979.
Motion to deny claim It was moved by Mayor Hyde, seconded by Councilwoman McCandli
and unanimously carried by those present that this claim
be denied on the advice of the City's insurance consultant.
Held Tuesday - 7:00 p.m. - 2 - August 21, 1979
RESOLUTIONS AND ORDINANCES, FIRST READING
5. RESOLUTION NO. 9729 August 21, 1979 is the completion date for the storm drain
APPROVING EXTENSION OF system in Madrona Street and Del Mar Avenue and for alley
TIME FOR CONSTRUCTION OF improvements south of Madrona and west of Del Mar. The
STORM DRAIN SYSTEM IN Engineering Department requested an extension of nine
MADRONA STREET AND DEL working days, changing the completion date to September 3,
MAR AVENUE 1979 due to the delay in the delivery to the contractor,
G. R. Henderson, of a special grate and frame specified in
the contract documents.
Resolution offered Offered by Mayor Hyde, the reading of the text was waived
by unanimous consent of those present, passed and adopted
hy the following vote, to-wit:
AYES: Mayor Hyde, Councilwoman McCandliss, Councilman
Scott
Noes: None
Absent: Councilmen Gillow, Cox
6. RESOLUTION NO. 9730 In anticipation of a future development of property at the
ACCEPTING STREET EASEMENT southwest corner of Palomar Street and Industrial Boulevard,
FROM HARBOR MANAGEMENT Harbor Management Corporation has proposed the voluntary
CORPORATION AND NAMING AND dedication of right of way for a portion of Palomar Street
DEDICATING AS PALOMAR and the construction of missing public improvements. The
STREET easement for street purposes was submitted on August 7, 1979.
Resolution offered Offered by Councilwoman McCandliss, the reading of the text
was waived by unanimous consent of those present, passed
and adopted by the following vote, to-wit:
AYES: Councilwoman McCandliss, Councilman Scott, Mayor
Hyde
Noes: None
Absent: Councilmen Gillow, Cox
7. RESOLUTION NO. 9731 The owner of Palo del Arno apartments on Kingswood Drive has
APPROVING AGREEMENT presented a final map to convert the units for condominium
PROVIDING FOR SECURITY sales. Prior to the approval of said map, an agreement is
FOR PAYMENT OF PARK AND necessary to secure the payment of required park land and
DEVELOPMENT FEES BY development fees in the amount of $8,000 and for residential
PALe DEL AMO, A LIMITED construction taxes of $9,000. The security agreement provide
PARTNERSHIP that the fees must be paid prior to the close of the first
escrow in the sale of any unit.
The developer requested credit for 2,126 square feet of
property dedicated to the City to provide access from Tobias
Drive to the City park being developed on the San Diego Gas
& Electric easement ($1,063) and for three ornamental lamps
($1,500) installed on the park property for a total credit ot
$2,563. Staff recommended the credit be allowed, leaving a
balance due the City of $14,457.
Credits questioned In response to a query from Councilman Scott concerning the
credits requested, Director of Parks and Recreation Hall
explained that staff recommended purchase of the access
easement (by allowing a credit to the developer of $1,063)
to preclude the area reverting back to the owners since the
apartments are being converted to condominiums. In regard
to the lights, they are on the park property and the City
would have spent this money for lights; (credit requested in
$1,500),
Held Tuesday - 7:00 p.m. - 3 - August 21, 1979
RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.)
Council discussion Council discussion ensued concerning the advantages or
disadvantages of owning the access area vs. having an access
easement; fee ownership is more desirable if area is to be
part of the park; liability is the same either way; access
easement required as a condition of the tentative map, and
there is no real need for fee ownership.
Motion to delete credit It was moved by Councilman Scott, seconded by Mayor Hyde and
for access easement unanimously carried by those present that the portion of the
credit relating to the access area ($1,063) be deleted.
Resolution offered, Offered by Mayor Hyde, as amended, the reading of the text wa
as amended waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Mayor Hyde, Councilwoman McCandliss, Councilman
Scott
Noes:
None
Absent: Councilmen Gillow, Cox
8. RESOLUTION - The final map for ?ale del Amo Condominiums, Chula Vista
APPROVING ?INAL MAP Tract No. 79-11, has been checked by the Engineering Departm¢
FOR CHULA VISTA TRACT and found to be in conformity with the tentative map approve~
79-11, PALe DEL A~O by Resolution No. 9458. The owners have submitted all
CONDOMINIUMS required documents and paid all fees except park fees and
residential conversion tax fees totalling $17,000. A securit
agreement was submitted and approved by the Council providin~
for payment of these fees at a later date.
Concern regarding delay Councilman Scott expressed his concern re§arding the agreemer
in collection of fees deferring the collection of fees until the close of escrow.
He stated he felt this is providing a loan to the developer
which may not be in the best interest of the City as it may
set a precedent for further requests of this nature.
Park land and development City Attorney Lindberg said the park land and development
fees paid at time building fees are normally paid in a new construction process at the
permits issued time building permits are issued; in this conversion process
no building permits will be issued and the exception was mad{
by the security agreement to allow for payment to be made
prior to the close of the first escrow.
Norman Starr Mr. Starr said he was not aware that the fees would have to
824 Jamaica Court be paid until about two weeks ago or they could have been
San Diego included in his budget in time for him to have the money
available.
Filing of final map City Manager Cole said that filing the final map has advance{
advanced time for the time for requiring the payment of the fees in this
payment of fees condominium conversion. In answer to a query from Councilmal
Scott, he said he could not at this time recommend this prom
for all condominium conversions, but possibly a procedure
could be developed for everyone to be treated the same.
Councilwoman McCandliss said in projects of this nature, the
City should remain flexible as financing could be tight.
Motion to continue It was moved by Councilwoman McCandliss, seconded by Council]
Item 8 for one week Scott and unanimously carried by those present that this
matter be continued for one week, allowing time for Mr. Cole
and possibly Mr. Grant (Director of Finance) to evaluate the
impact this would have on the City.
Held Tuesday - 7:00 p.m. - 4 - August 21, 1979
RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.)
9. RESOLUTION NO. 9732 Furniture items to be purchased at this time were intended
AUTHORIZING PURCHASE OF to be ordered previously but were not because of the reuse
OFFICE FURNITURE FOR of furniture, or the switch to the Steelcase line under the
PUBLIC SERVICES BUILDING County of San Diego cooperative hid, or are items for which
the need has become apparent since the move into the new
building. Items needed and still available under the County
bid until September 12, 1979 consist of movable panels, work
surfaces, book shelves, file and storage cabinets at a total
cost of $6,435.16.
Resolution offered Offered by Councilman Scott, the reading of the text was
waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Councilman Scott, Mayor Hyde, Councilwoman McCandlis
Noes: None
Absent: Councilmen Gillow, Cox
10. RESOLUTION NO. 9733 Diamond Cab Company and Yellow Cab Company submitted requests
AS~NDING RESOLUTION NO. for adjustments of fares in accordance with the following
8529 FIXING TAXICAB proposed schedule:
FARES IN THE CITY OF
CHULA VISTA The taxicab rates of fare shall be one dollar ($1.00)
for the first one-fourth mile (or lesser fraction);
twenty cents ($0.20) for each additional one-fourth
mile and waiting time shall be set at nine dollars
($9.00) per hour. A surcharge of one-half the total
metered rate will be charged on all trips exceeding
twenty (20) miles.
Proposed ordinance A proposed ordinance was submitted for review of the Council
to be considered which would establish a maximum rate schedule and allow
individual certified operators to designate any rate which
is within the ceiling that is to be adopted - subject to
annual review by the Council. The City Attorney requested
that the resolution be adopted tonight to allow the cab
companies to adjust and post their new rates pending adoption
of the proposed ordinance as presented or as amended, by the
Council at their meeting of September 4, 1979.
Request to consider City Attorney Lindberg said the resolution contains the rate
rate of $1.20 for first requested by Diamond Cab Company and does not reflect the
one-fourth mile higher r ate requested by the Yellow Cab Company. He asked that
the Council consider the higher rate of $1.20 for the first
one-fourth mile - with the remaining rates staying the same.
Suggestion for City Manager Cole questioned the resolution stating the rate
amendment to resolution "shall be" - making it mandatory. He suggested that the
wording be amended to state "up to the amount of $1.20..."
Councilman Scott questioned the necessity for Council action
tonight in view of the fact that the proposed ordinance will
be considered by the Council in the next few weeks.
Charles McMillan Mr. McMil]an said he opposes the surcharge of one-half the
413-B Moas Street metered rate for trips over 20 miles, as this may create
Chula Vista problems.
(Mack's Hack)
Held Tuesday - 7:00 p.m. - 5 - August 21, 1979
RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.)
Bill Hilton Mr. Hilton said there would be a problem if the resolution
3960 Carolyn is not adopted tonight as all the cab companies in the San
La Mesa Diego area have changed their meters and it will make a
(Yellow Cab Co.] hardship for cabs to operate in Chula Vista on different
rates. He stated he supports the City Manager and City
Attorney recommendations. In answer to a query from Mayor
Hyde, Mr. Hilton said Yellow Cab Company does not have a
surcharge, but they have no objections to including it for
other companies.
Gloria Fountain Ms. Fountain said Chula Vista is the only City which has not
6025 Edgewater granted an increase in taxi fares. She supported the $1.20
Paradise Hills rate, but stated Diamond Cab will operate under that amount.
(Diamond Cab Co.) She also asked that the surcharge be allowed in Chula Vista
as it now applies in National City and Imperial Beach.
Motion to amend resolution It was moved by Mayor Hyde, seconded by Councilwoman McCandlis:
and unanimously carried by those present that the resolution
be modified in the paragraph under "NOW, THEREFORE, BE IT
RESOLVED" portion, the first line shall read: "The taxicab
rates of fare shall not exceed $1.20 for the first one-fourth
mile (or lesser fraction);"
Additional amendment ~t was moved by Councilwoman McCandliss, seconded by Councilma:
to resolution Scott and unanimously carried by those present that the last
sentence (of the same paragraph) be deleted which reads,
"A surcharge of one-half the total metered rate will be charge.
on all trips exceeding twenty (20) miles."
Resolution offered, Offered by Councilman Scott, as amended, the reading of the
as amended text was waived by unanimous consent, passed and adopted by
the following vote, to-wit:
AYES: Councilmen Scott, Hyde, McCandliss
Noes: None
Absent: Councilmen Gillow, Cox
11. ORDINANCE NO. 1876 The ordinance provides for a tax rate of $0.034 per hundred
SETTING THE TAX RATE of assessed valuation to meet debt service obligations on
FOR FY 1979-80 - FIRST the 1970 Police Facility Bonds for FY 1979-80. Proposition
READING AND ADOPTION 13 does not affect voter approved debt service; therefore,
the Council is required to fix the appropriate rate on or
before September 1st.
Ordinance placed on It was moved by Councilman Scott that the ordinance be placed
first reading and adopted on first reading and adopted, and that the reading of the
text be waived by unanimous consent of those present. The
motion carried by the following vote, to-wit:
AYES: Councilmen Scott, Hyde, McCandliss
Noes: None
Absent: Councilmen Gillow, Cox
12. ORDINANCE NO. 1877 Amendments have been prepared to the City Code relating to
AN~NDING CHAPTER 15.04 excavation, grading and fills. Section 15.04.165 of the
OF THE MUNICIPAL CODE Code states that the private engineer shall be responsible
RELATING TO EXCAVATION, for all surveying for proper construction of the grading and
GRADING AND FILLS - drainage facilities and is required to inspect the site to
FIRST READING insure that the embankment and cut slopes are placed at their
proper line and grade. The City Engineer is responsible for
all inspections of work not otherwise delegated to some other
person. Other section amendments and additions are delineated
in the ordinance.
Held Tuesday - 7:00 p.m. - 6 - August 21, 1979
RESOLUTIONS AND ORDINANCES, FIRST READING (ContO
Ordinance placed on It was moved by Councilman Scott that this ordinance be
first reading placed on first reading and that the reading of the text
be waived by unanimous consent of those present; passed and
adopted by the following vote, to-wit:
AYES: Councilmen Scott, Hyde, McCandliss
Noes: None
Absent: Councilmen Gillow, Cox
CONTINHED MATTERS
13. RESOLUTION NO. 9734 The agreement provides that the Council, having appropriated
APPROVING AGREEMENT WITH $60,000 to assist in the promotion of tourism and conventions
THE CHHLA VISTA CHAMBER in the City, now wishes to grant the Chamber the sum of
OF COM~RCE IN REGARD TO $34,700 to be paid quarterly in advance for the purpose of
THE EXPENDITURE OF CITY- operating two information centers. That amount would be
APPROPRIATED FUNDS appropriately adjusted if a consultant hired by the City or
(Continued from 8/14/79) the Mayor's Visitor Industry Advisory Committee recommends
that the City withdraw financial participation in the centers
Council discussion Council and staff briefly discussed the provisions of the
agreement; which expenses would be valid or invalid; whether
surcharge for overhead would be included; and audit procedure
calls for questionable amounts disallowed to be adjusted on
subsequent payments.
Resolution offered Offered by Councilman Scott, the reading of the text was
waived by unanimous consent of those present, passed and
adopted by the following vote, to-wit:
AYES: Councilmen Scott, Hyde, McCandliss
Noes: None
Absent: Councilmen Gillow, Cox
Motion for Mayor's It was moved by Councilman Scott and seconded by Mayor Hyde
Advisory Committee to that the Council ask the Mayor's Visitor Industry Advisory
discuss direct charges Committee to discuss the possibility of a direct charge from
the Chamber of Commerce and report back to the Council -
whether or not the Chamber feels they are entitled to or will
ask for it or whether the Committee feels it is appropriate.
William Edwards Mr. Edwards said he is Vice President of the Chamber of
747 Monserate Commerce and stated the budget for operating the Centers did
Chula Vista not include any direct expenditures to the Chamber of Commerc
and they do not have any intention of asking for any overhead
Motion withdrawn Councilman Scott withdrew his motion. Mayor Hyde agreed as
the second.
14. REQUEST TO APPOINT A The Local Agency Formation Commission requested that the
REPRESENTATIVE TO Council consider appointing a replacement for former
LKECO'S CITIES ADVISORY Councilman Lauren Egdahl as the City's representative on the
COMMITTEE (Continued from Commission's Cities Advisory Committee.
8/14/79)
Motion to appoint It was moved by Mayor Hyde, seconded by Councilman Scott
Councilwoman McCandliss and unanimously carried by those present that Councilwoman
McCandliss be appointed as the City's representative.
Held Tuesday - 7:00 p.m. - 7 - August 21, 1979
15. REPORT OF THE CITY MANAGER
a. REPORT ON REQUEST OF The University of California Medical Center requested
UNIVERSITY OF CALIFORNIA support in the establishment of a Helicopter Emergency Care
(SAN DIEGO) FOR SUPPORT Service for the communities of San Diego and Imperial Countie~
OF "HELICOPTER EMPRGENCY A specially equipped jet helicopter will be available 24
CARE SERVICE" hours a day, dispatched from the University Hospital's
Emergency Medical Center. City Manager Cole reported that th~
Fire Chiefs of South Bay Zone 5 and the San Diego County
Fire Chiefs:' Association have endorsed the proposal as being
a tremendous resource and support to the County Emergency
Services.
Motion to support It was moved by Councilman Scott, seconded by Mayor Hyde and
Emergency Care Service unanimously carried by those present that the report be
accepted and that a letter of support be sent.
REPORTS OF CITY OFFICERS AND DEPARTMPNT HEADS
16. REPORT ON THE REQUEST On 3uly 14, 1979 Mr. Edwin R. Storm, representing the Senior
FOR INCREASING THE SENIOR Citizen's Council on Aging, requested that the maximum income
CITIZEN'S UTILITY USER'S for o ligibitity be increased from $7,500 to $12,000 per
TAX EXEMPTION year to equal the amount used for the State homeowner's and
renter's refund base. Staff recommended that the Council
maintain the present $7,500 maximum limitation and review it
in October at the Council Conference set to discuss implicati,
of AB 8 on the City's financial condition.
Motion to accept report It was ~oved by Councilman Scott, seconded by Mayor Hyde and
and schedule for further unanimously carried by those present that the report be
discussion at Council accepted and that this be discussed at the Council Conference
Conference in October set to discuss AB 8.
REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COb~4ISSIONS
17. STATUS REPORT - The following recommendations were made on items referred
COUNCIL REFERRALS TO THE to the Commission by the Council: (1) Refer Senate Bill 33
HUMAN RELATIONS COMMISSION and Assembly Bill 813 to the Council's Legislative Committee
for study and possible Council action; (2) Forward a memorand
to the Administrative Office requesting a listing of City-own
land which might be available for low-income and/or senior
housing in the City; (3) Due to the fact that no official
action was taken by the Council regarding mobilehome park
rent increases, nor has any definition of the areas of rent
control been made, the Commission table'this item indefinetiy
(4) The Director of Community Development's report on mobileh
park development, senior citizen housing, public housing, and
the allocation of Federal funds for housing was "accepted".
Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and
unanimously carried by these present that the report be
accepted.
M~yor to meet with Mayor Hyde reported he has scheduled a meeting with Jim Ladd,
Chairman of HRC Chairman of the HRC, for this coming Friday to discuss all
items and see whether some of them, particularly the low cost
housing, can be moved in the right direction.
18. REPORT - RESPONSE TO The Commission accepted the charge of advisory responsibility
COUNCIL'S SUGGESTION THAT to the City Council with regard to the operation of Chula
THE HUMAN RELATIONS CO~- Vista Transit System by becoming the "Transit System AdvisorI
MISSION SERVE IN AN Board."
ADVISORY CAPACITY AS THE
"TRANSIT SYSTEM ADVISORY
BOARD"
Held Tuesday - 7:00 p.m. - 8 - August 21, 1979
REPORTS, REQUESTS AND RECOMMENDATIONS OF CITY BOARDS AND COMMISSIONS
Motion to accept report It was moved by Councilman Scott, seconded by Mayor Hyde and
unanimously carried by those present that the report be
accepted.
19. REPORT ON PERMIT On August 7, 1979 the Council authorized the construction of
PARKING, LOT NO. 9, a temporary City parking lot north of Center Stree~ between
CENTER STREET BETWEEN Garrett Avenue and Landis ~venue, subject to having all of
GARRETT AND LANDIS the parking for this particular lot be by permit. The
(RESOLUTION NO. 9721) - Commission rescinded its previous action taken on June 12, 197
Parking Place Co~ission and "concurred with the Council's action to provide that all
the parking be 'permit parking' (no metered parking)".
Motion to accept report It was moved by Councilman Scott, seconded by Councilwoman
McCan~liss and unanimously carried by those present that the
report be accepted.
MAYOR'S REPORT
Proposed second border Mayor Hyde referred to a memorandum from the City Manager and
station added to agenda Planning Department staff to be distributed to the Council
for August 23 concerning the proposed second international border station.
He said the Comprehensive Planning Organization is looking
for a response from the cities impacted by such a station
and is asking for input by August 31, 1979; therefore, this
item will be added to the agenda for the Council Conference
on Thursday, August 23, 1979.
Question regarding Mayor Hyde referred to the ordinance establishing fees to be
interpretation of paid by developers toward the cost of installing traffic
ordinance regarding signal devices. He said staff's interpretation is that the
traffic signal fees fees apply to all developments in the City and a question has
been raised as to whether or not the intent of the Council wa:
for the fee structure to apply to development in older areas ~
the City where traffic signals already are in place. He
suggested that, if necessary, the ordinance be modified to
clarify the intent of the Council.
Motion to discuss It was moved by Mayor Hyde, seconded by Councilwoman McCandli:
traffic signal ordinance and unanimously carried by those present that this matter be
at Council Conference on docketed for discussion at the Council Conference on Septembe~
9/13/79 13, 1979 to consider the language of the ordinance regarding
traffic signal fees charged for development in the City.
Request for materials Councilman Scott asked if a copy of the ordinance could be
at Council Conference made available to the Council for that meeting with a history
of the implementation to see what has been done. Development
Services Administrator Robens said this material will be
provided.
COUNCIL CO~BIENTS
Nitric acid incident Councilman Scott referred to a report submitted by Fire Chief
on August 8, 1979 Longerbone concerning the nitric acid tanker incident.
Motion for commendation It was moved by Councilman Scott, seconded by Mayor Ryde and
to Fire Department unanimously carried by those present that, if staff feels
it is appropriate, a resolution be prepared commending the
Fire Department personnel for their reaction to this incident
and that this question be referred to the City Manager.
Held Tuesday - 7:00 p.m. - 9 - August 21, 1979
COUNCIL C05~tENTS (Cont.)
Report on Long Councilman Scott said the report received from the City
Canyon problem Attorney regarding the Long Canyon problem was well done
and noted it had been passed on to the County Board of
Supervisors. He also stated he had a discussion with
Supervisor Bates regarding the possibility of the County
reconsidering its position. Mr. Bates indicated, if the
City has legitimate input, it could be opened up for
reconsideration.
ADJOURNMENT Mayor Hyde adjourned the meeting at 8:16 p.m. to the Council
Conference scheduled for 4:00 p.m. on August 23, 1979 in
City Hall.
DEPUTY CITY CLERK