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HomeMy WebLinkAboutcc min 1981/12/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, December 15,. 1981 - 7 P.M. Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmen Scott, Gillow, Campbell Councilmen absent: Councilwoman McCandliss Staff present: City Manager Cole, City Attorney Lindberg, Assi~stant City Manager Asmus, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Cox, followed by a moment of silent prayer. l. APPROVAL OF MINUTES for the meetin9 of December 8, 1981 MSUC (Scott/Gillow) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY Introduction of Council Guest - Lee Bendickson, Attorney and member of the Chamber of Commerce Board of Directors Mayor Cox introduced Lee Bendickson, Board member Of the Chamber of Commerce, and attorney with offices at 629 Third Avenue in Chula Vista. 3. ORAL COMMUNICATIONS a. James Matherly, 402 Oaklawn, read a prepared speech which he presented at the MTDB meeting of December 14 in opposition to the "wasteful" Tijuana Trolley project because of its impact on the "ungodly" government debt and urging honesty in government spending. 4. WRITTEN COMMUNICATIONS -- None PUBLIC HEARINGS 5. PUBLIC HEARING CONSIDERATION OF UTILITY USER'S TAX (DIRECTOR OF FINANCE) This being the time and place advertised, Mayor Cox opened the public hearing. Director of Finance Grant stated that Ordinance 1803 adopted June 29, 1978 requires the City Council to review the Utility User's Tax at mid-year and at the end of the fiscal year, and to conduct public hearings at each of those times. He commented that the purpose of the ordinance was to ensure that suffici~ent utility user's taxes would be available for the necessary operations of the City and also to protect taxpayers from increases in the tax brought about by rate increases granted by the Public Utilities Commission. Revenue for the first four months of this year is $449,017 compared to $431,911 for the same period last year. Inasmuch as the City is close to achieving revenue estimates projected for the fisoal year, it was recommended that the present tax rate be maintained. Councilman Scott noted that the staff recommendation would actually be to maintain the tax rate at the current lower level rather than the higher level permitted by Proposition 13. Niek Slijk, representing the Chula Vista Chamber of Commerce, stated that the Chamber expected a public hearing to be set at tonight's meeting rather than actually con- ducted, and the Chamber has not had an opportunity to review the tax or revenue statements. He referred to Council approval (prior to passage of Proposition 13) and subsequent removal, of a ceiling on the amount of tax paid by large corporate users. He requested that Council be cognizant of the few corporations who now pay an "exhorbitant" share and reconsider placing a ceiling on the utility tax pai'd by those large users. There being no further comment, either for or against, the hearing was declared closed. MSUC (Scott/Gillow) to maintain the present tax rate. City Council Meeting -2- December 15, 1981 CONSENT CALENDAR Councilman Campbell announced that he would abstain from voting on items 6a and b due to a possible conflict of interest since his employer is involved. MSUC (Cox/Scott) to approve and adopt the Consent Calendar as presented. Councilman Campbell abstained from voting on items 6a and 6b. 6a. RESOLUTION NO. 10709 AUTHORIZING MAYOR TO EXECUTE QUITCLAIM DEED (CITY ATTORNEY) b. RESOLUTION NO. 10710 ACCEPTING EASEMENT FROM OTAY WATER DISTRICT FOR ACCESS PURPOSES The resolutions authorize the Mayor to execute the quitclaim deed and accept the easement from Otay Water District for the sale of surplus City property to the Water District for a total of $8,480.51. 7. RESOLUTION NO. 10711 APPROVING ENCROACHMENT PERMIT ALLOWING THE REDEVELOPMENT AGENCY TO PLACE BAYFRONT SIGN ON CITY PROPERTY (CITY ENGINEER) The resolution approves an encroachment permit for placement of a promotional sign on City-owned property east of Interstate 5 at "K" Street as part of the Redevelopment Agency's Bayfront Sign Program. RESOLUTIONS 8. RESOLUTION NO. 10712 ACCEPTING BID AND APPROVING LEASE/PURCHASE FOR WORD PROCESSING EQUIPMENT WITH BANK OF AMERICA (DIRECTOR OF FINANCE) The resolution approves the Lease/Purchase Agreement with Bank of America NT&SA in conjunction with Council approval of Resolution No. 10672 on October 20, 1981, accepting the bid of Wang Laboratories, Inc. for the lease/purchase of word processing equipment. RESOLUTION OFFERED BY COUNCILMAN GILLOW, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTION NO. 10713 ACCEPTING BIDS AND AWARDING CONTRACT FOR TRASH PUMP (DIRECTOR OF PUBLIC WORKS OPERATIONS/PURCHASING AGENT) The resolution accepts the sealed bids opened on November 20, 1981 and awards the contract to the low bidder, San Diego Pump and Compressor Supply, for one 6" diesel engine driven self-priming trash pump. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. lO. RESOLUTION NO. 10714 ACCEPTING BIDS AND AWARDING CONTRACT FOR LIQUEFIED PETROLEUM GAS (DIRECTOR OF F~NANCE/PURCHASING AGENT) The resolution accepts bids opened on November 30, 1981 and awards the contract to the low bidder, Petrolane Gas Service, for furnishing liquefied petroleum gas to the City for a six month period. Purchasing Agent Espinosa responded to Council's query regarding use of LPG and commented that propane is used in nine City vehicles. Development Services Administrator Robens explained that use of propane works very well for vehicles that involve long idle or running time and that staff is investigating its use for pick up trucks and other equipment not presently using propane. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 11. RESOLUTION NO. 10715 ACCEPTING BIDS AND AWARDING CONTRACT FOR ROADWAY LIGHTING LUMINAIRES AND SUPPLIES (CITY ENGINEER/PURCHASING AGENT) This is the fourth and final year of the City's street lighting conversion program from 400 watt mercury vapor to high pressure sodium luminaires. This resolution City Council Meeting -3- December 15, 1981 ll. RESOLUTION NO. 10715 -- Continued accepts bids opened on November 30, 1981 and awards the contract to Amfac Electric Supply for roadway lighting luminaires, controls and lamps to be installed by City forces. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION STIPULATING THAT THE PROPOSED GRADING CHANGES DO NOT INVOLVE NEW SIGNIFICANT ENVIRONMENTAL IMPACTS REQUIRING REVISIONS TO ENVIRONMENTAL IMPACT REPORT AND APPROVING THE CHANGE IN GRADING (PEPPER TREE ESTATES) (CITY ENGINEER/ DIRECTOR OF PLANNING) The tentative map approved on June 9, 1981 for Pepper Tree Estates required grading for the roadway within the subdivision and lots 14 and 15. The developer submitted plans showing a greater amount of grading than had previously been shown on the approved map, and the revised grading plan was subsequently reviewed by the Environ- mental Review Committee. The EIR Committee found that the proposed changes were not significant and would not necessitate a public hearing; accordinqly, the resolution finds that the changes as proposed will not involve new s~gnificant environmental impacts or require revisions to the EIR. Councilman Scott questioned why the adjacent property owners were not notified that this item would be on the agenda. City Engineer Lippitt responded that the changes were found to be insignificant, not requiring notification; that the final plan of doing the grading all at once would essentially be the same as if all of the property owners applied for grading permits individually; and the developer wished to avoid delays. MS (Gillow/Scott) to postpone this item for one week and notify the adjacent property owners. Additional discussion concerned availability of sufficient time for notification. City Engineer Lippitt commented that the property owners could be notified by mail in time for the December 22 me~ting. Jack Mann, on behalf of ADMA Company, 4398 Bonita Road, asked to go on record in opposition to any further delay in the project and stated that notification is discretionary, but not required; the changes are insignificant and will bring about improvements for all concerned; the history of the project (delays) has "taken its toll" on ADMA and the best solution may be for ADMA not to build the project. Mayor Cox spoke against the motion, indicating that the City has afferded the adjacent property owners every opportunity to comment on the project and he con- curred with staff that the changes are insignificant; he recommended a condition to require hydroseeding of the lots that are not going to be developed in the next year to restore some vegetation. ACTION ON THE MOTION The motion passed by the following vote, to wit: AYES: Gillow, Scott, Campbell NOES: Cox Absent: McCandliss 13. RESOLUTION NO. 10716 EXTENDING CONTRACT FOR EMPLOYEE ASSISTANCE SERVICES (DIRECTOR OF PERSONNEL) This resolution extends the City's contract with Duane Rogers, Personal Assistance Services, through June 30, 1982. The contract under which this service has been provided expired on December 14, 1981. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -4- December 15, 1981 14a. RESOLUTION NO. 10717 APPROVING FUNDS FOR CHRISTMAS TREE LIGHTING PROGRAM (MAYOR GREGORY R. COX) b. RESOLUTION NO. 10718 APPROVING HOLD HARMLESS AGREEMENT BETWEEN CITY AND UNION ICE COMPANY In conjunction with the City's Christmas Tree Lighting Program on December 18, 1981 these resolutions (a) appropriate $500 as the City's share for the purpose of snow and (b) approve a hold harmless agreement between the City and Union Ice Company to protect the Vendor from any damages which might arise as a result of providing snow. RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION NO. 10719 AMENDING 1981-82 BUDGET~ APPROPRIATING FUNDS~ TRANSFERRING FUNDS, ACCEPTING BIDS, AWARDING CONTRACT, AUTHORIZING EXPENDI1URE OF FUNDS FOR THE REMODELING AND EXPANSION OF JIMMY'S-ON-THE-GREEN RESTAURANT AND AUTHORIZING THE MAYOR TO EXECUTE SAME (ASSISTANT CITY MANAGER) Assistant City Manager Asmus reported that at the Council Conference of December 10 bids were presented for the remodeling and enlargement of Jimmy's-on-the-Green Restaurant at the Chula Vista Municipal Golf Course. City Council indicated that the low bid of Ray Martin Construction would be accepted and directed staff to prepare the necessary documents to implement procedures to go forward with the project. Accordingly, this resolution: (1) amends the 1981-82 Capital Improvement Budget to provide for the project; (2) appropriates and transfers funds to Jimmy's-on-the- Green Construction Fund; and (3) accepts the low bid of $801,250 received from Ray Martin Construction, awards the contract and authorizes the Mayor to execute the contract on behalf of the City. Mr. Asmus reported that the Lease Agreement had just been delivered tonight and executed on behalf of Jimmy's; that the lease is essentially the same as Council had tentatively approved in July, with the exception that the minimum rate for rent has been increased from $4,000 to $8,000 and the percentage of gross remains the same. Mr. Asmus suggested that Council approve the contract for construction and defer approval of the Lease Agreement until next week to provide oppportunity for Council to review the document in detail. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox questioned whether the Redevelopment Agency had taken action to transfer funds into the Special Capital Outlay fund. Mr. Asmus responded that action would be taken by the Agency to repay its loan at its meeting on Thursday, December 17. Peter Kay, representing Jimmy's Family Restaurants, commented on the execution of the lease and thanked Council for their time and consideration. UNANIMOUS CONSENT ITEM 15a. ORDINANCE NO. 1960 AMENDING SECTIONS 10.62.010B RELATING TO PARKING FEES FOR PURPOSE OF REGULATING USE OF STREETS (CITY ATTORNEY) Mayor Cox explained that the County Board of Supervisors adopted a resolution today establishing AB 189 - Criminal Justice Temporary Construction Fund, thereby enacting a surchage of $1.50 on parking tickets and criminal fines effective as of February 1. This ordinance would increase parking tickets in Chula Vista from $2.00 to $3.50 in order to incorporate the surcharge. City Manager Cole commented that the Board of Supervisors has authorized County staff to reimburse cities for direct administrative costs in implementing AB 189 so that the City wiql receive back whatever costs are involved in collection and disbursement of the surcharge. Council comment and discussion related to increasing the parking ticket fees in Chula Vista to $4.00. City Council Meeting -5- December 15, 1981 15a. ORDINANCE NO. 1960 -- Continued MSUC (Scott/Cox) to amend the unanimous consent ordinance to increase the $1.50 surcharge that the County is assessing to an even $2.00, the City retaining the extra $.50. MSUC (Scott/Cox) to place the amended ordinance on first reading; the reading of the text was waived by unanimous consent, passed and approved unanimously. Niek Slijk, representing the Town Centre Association, spoke against the $2.00 increase and expressed concern that the increase might drive downtown shopping business away. He recommended that the increase remain at $3.50. MSUC (Scott/Campbell) to refer this to the Town Centre Association and with that provide that group with comparison of what the other rates are in the other cities. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 16. ORDINANCE NO. 1959 CHANGING ZONE OF 18.3 ACRES ON THE SOUTH SIDE OF ORANGE AVENUE AT BRANDYWINE FROM R-1 AND R-I-IO-H-P to R-3-P-11 SECOND READING AND ADOPTION (DIRECTOR OF PLANNING) This ordinance rezones 18.3 acres of property on the south side of Orange Avenue at Brandywine from R-1 and R-I-IO-H-P to R-3-P-11 in conjunction with the development of a 176 unit condominium project known as Star/Orange Condominiums in accordance with Planning Commission Resolution PCZ-82-A. MSUC (Gillow/Cox) to place the ordinance on second reading and adoption; the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. REPORT OF THE CITY MANAGER a. Report on Mont~omer~ Annexation City Manager Cole reported that the County Board of Supervisors will be acting on a resolution on December 15 calling for a public hearing on January 13, 1982 for the proposed annexation of the Montgomery area to the City of Chula Vista. In addition, the citizens annexation committee has requested an election date of June 6, 1982, and an effective date of July 1, 1982. Mr. Cole reported that LAFCO is permitting the Council to determine the effective date of the annexation (if the election is successful), which will also be the date upon which the City will begin providing services to the area. Mr. Cole commented on the need for Council and the citizens of the Montgomery area to recognize the difficulties facing the City in the logistics of taking over an area the size of the annexation territory. LAFCO advised that there has been "no larger annexation in California in the last ten years." Development Services Administrator Robens discussed the needs of the Planning and Engineering Department for sufficient lead time in order to respond to the service needs of the area; the need for relevant data in processing permits; unavailability of a land use inventory for the Montgomery area from the County Planning Department -- it would take one man six months to do the inventory and another man six months to do assessments; Engineering Department needs detailed historical information and thousands of documents will have to be transferred from County Planning and there is no way to determine the condition of those documents. In contemplating an effective date, staff is concerned that it would take two to three months to obtain the documents and get them in working order. Additional comment and discussion concerned the amount of time the City would need; LAFCO's time frame for considering the annexation as a docketed or non- docketed item, and that the decision could be delayed until January 4 through 7. LAFCO's regular agenda closes on December 18 and January 11 would be the final date to get the item to them as an off-docket item. Assistant City Manager Asmus discussed the shortage of police strength to provide coverage for Montgomery without reducing police strength in Chula Vista. He also commented on fire protection; parks and recreation; library service; personnel City Council Meeting -6- December 15, 1981 Report on Montgomers Annexation -- Continued eligibility lists. He stated that even delaying the annexation to October 1 would help but would not resolve the police problems. Additional comment concerned the possibility of contract service with the County Sheriff to extend police protection. Mayor Cox commented that a delay would provide time to get data together and to begin investigating contract service with the San Diego County Sheriff. MSUC (Scott/Campbell) to accept the interim report and schedule this for the January 5 Council meeting. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 18. Report on maintenance problems for Maintenance District 4 (City Engineer/Director of Parks and Recreation) Referring to the written staff report, the City Engineer commented that Maintenance District No. 4 includes the open space for Bonita Ridge Estates, Units 1 through 4. The City has experienced difficulty in bringing the open space for Unit 4 up to City standards~ due to the economy and the developer is unable to contribute any more funds at this time. However, he has agreed to give the City a note in the amount of $2,000 which is the estimated cost to bring the open space up to an acceptable level for the City to take over for maintenance, and the note would be repaid when one of the developer's properties in Chula Vista were developed and/or sold. Adequate funds are available in the maintenance district budget si'nce the City has not been paying the contractor for the last several months; the costs w~ll be accounted for and when the $2,000 is received from the developer, the City and maintenance district will be reimbursed. MSUC (Scott/Cox) to accept the report and staff recommendation. 19. Request to close the Library on Saturday, December 26~ 1981 (City Librarian) City Librarian Lane requested Council approval to close the Library on Saturday, December 26, 1981, since Christmas week is the least busy week of the calendar year. She reported that last year on December 26, the Library experienced a 47% drop in business and that an even greater disparity is expected this year due to the three day Christmas weekend. Councilman Scott suggested a Council policy whereby the Library would close on these dates, since this type of request is made on a recurring basis, and that the dates then be worked into the MOU. MSUC (Scott/Gillow) to close the Library on December 26, 1981. MSUC (Scott/Cox) that a policy change be scheduled in as a ~eport on what the staff believes should be the policy of the City on the various days that holidays may fall and what we should or should not do about them. 20. MAYOR'S REPORT a. Mayor Cox reported the following donations for Operation Snowbird: American Legion Post #434 - $1,000; Balboa Thrift & Loan - $50; Bank of America - $50.; Craig Beam - $50; Creaser Price Insurance Agency - $50; Gibson's Union 76 - $25; Home Federal Savings and Loan - $50; Imperial Savings and Loan - $25; E. F. Nicholson Rubbish Disposal - $50; People's Bank - $50; Rainsoft Water - $50; Town Centre Busilness and Professional Association - $100; two Chri~stmas trees from the Produce Place; Christmas trees from Chula Vista Florists. Over $1,300 has been pledged and donations in hand total $1,365. As a reminder, the Mayor stated that the Tree Lighti'ng Ceremony is this Friday at 7 PM, b. Mayor Cox reminded Council of the first meeting of the Charter Review Committee on Thursday, December 17, in the Council Conference Room at 7 PM. c. Mayor Cox invited Council to the Volunteers' Christmas Party and reception this Friday, December 18, from 3:30 to 5 PM in the Public Services Buildilng Conference Rooms 2 and 3. City Council Meeting -7- December 15, 1981 MAYOR'S REPORT-- Continued 2Od. Mayor Cox remarked that the Transit Center at "H" Street appears to be completed; City Engineer Lippitt confirmed that it has been completed and buses are using it. 21. COUNCIL COMMENTS a. Councilman Gillow referred to last year's Christmas Tree Lighting Ceremony and minor crowd control problems in the snow area and questioned if there was a plan for crowd control this year. Mayor Cox responded that notices were sent indicating that for the first half hour snow surface areas would only be available to children 10 years of age or smaller; in addition, six police reserves will be stationed there and the Bonita Optimist Club has offered to station volunteers to assist with crowd control. b. Councilman Gillow commented on budget preparation meetings and requested that an agenda be prepared. MSUC (Gillow/Scott) to direct staff to come up with an agenda for the City's entire budget processing this year, including the pre-budget, and anything else that the Council needs to do. City Manager Cole responded that the need is greater this year since two budgets will have to be developed because of Montgomery and that a schedu}~e will be worked out. c. Councilman Gillow requested discussion of a Crime Prevention Unit at budget time. MSUC (Gillow/Scott) to at least discuss that at budget time this year again. COMMENTS OF COUNCIL GUEST Mr. Bendickson thanked Council for the opportunity to be in attendance and expressed appreciation for the growing rapport between the Council and the business community. ADJOURNMENT at 8:20 P.M. to the regular scheduled meeting of Tuesday, December 22, 1981 at 7 P.M. , . ~uEasz, CMC, City erk