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HomeMy WebLinkAboutcc min 1979/02/27 MINUTES OF A REGULAR CITY COUNC'IL MEETING OF THE CITY OF CHULA VISTA~ CALIFORNIA Held Tuesday - 7:00 p.m. February 27, 1979 A regular meeting of the City Council of the City of ChulaVista, California, was h~ld on the above date beginning .at 7:00 p.m. in the Council Chamber, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor H~de, CouDcilmen COx, ~gaahl, .Gil'tow~scott Councilmen absent: 'None St~ff present: ,City. Manager Cole, ASsistant City Attorney Harron, ~issistant City Manager Asmus, City Engineer Lippitt, Director of Public Works Robens, Director of Con~nunity Development Desrochers The pledgd0f allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APFROVAL OF MINUTES It was moved by Councilman Scott, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of February 8, 1S and 20, 1979 be approved, copies having been sent to each CouncilRan. 2. SPECIAL ORDERS OF THE DAY a. Oath of Office - City Clerk Jennie Fulasz administered the Oath of Office Y6uth CommissiOn to the newly-appointed commissionerS: Jamie Norton Lauri Croce 3. ORAL COMMUNICATIONS A1 Manese Mr. Manese discussed the "plight of the ChUla Vista City 1366 Monterey Court employees" leaving the City to accept jobs in private~ Chula Vista, CA industry. He s'tated the reason was the low salaries compared with that of the private sector and asked the council, in their next budget deliberations, to equal the City employeeS' salariep with that of the outside industry. ~. WRITTEN CO~4UNICATIONS . a. REQUEST for Financial The City of Arcadia requested the sum of $300 for help in support - City of paying legal services indefending a lawsuit filed by Arcadia Paul Gann and his People's Advo'cate group regarding the City's-action in raising certain fees and taxes to pay for . City services in viewof the impact of Proposition 1S. City Manager Cole recommended approval since a successful challenge to Arcadia's action wouldvitallyaffect Chula Vista. Motion to approve It' was moved by Mayor Hyde, seconded bY Councilman Gillow · and unanimously carried that authorization be given to contribute the gum of $300 to the City of Arcadia for .support of this act. Motion for legal It was moved by Councilman Gillow, seconded by MayOr Hyde support and unanimously carried that the City Attorney be asked to look into the matter and provide any legalpoints from his office. CDNSENTCALENDAR It ~as moved by councilman scott, seconded bY CoUncilman Egdahl and unanimously carried that the Consent Calendar be approved and adopted. Held Tuesday - 7:00 p.m. -2- February 27, 1979 5. RESOLUTION NO. 9510 The following trial traffic regulations whiCh'have been ESTABLISHING NO PARKING in effect for eight months were approved to be made ZONES ON BROADWAY AND permanent: SECOND AVENUE Scheduie III --- Parking Prohibited at all times: Broadway, beginning at northwestPCR at Chula ~ista Street and ending at a point 65 feet north -- west side; Second Avenue, beginning at PCR at southwestc~r~r at Palomar street and ending at a point 93 feet sou{h'- west side. 6. RESOLb'TION NO. 9511 An application has been received from Teddy.L. Bradt for GIVING NOTICE OF INTENTION the operation of an ambulance service in the City. The TO HOLD A PUBLIC HEARING public hearing is being set for TUesday, March 20, 1979. TO CONSIDER THE GRANTING OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR -. THE OPERATION OF AN AMBU- LANCE IN THE CITY OF CHULA VISTA - AARON AMBULANCE 7. RESOLUTION NO. 9512 In 1975, the City vacated a portion of Fig Avenue to RESTRICTING TWO ADDITIONAL provide p~rking for Council and staff. Court personnel PARKING SPACES ON FIG hav~ requested that the two spaces marked "reserved" be AVENUE FOR COURT USE designated for th~iruse. (End of COnsent calendar) RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 95i3 Om February 20, 1979, bids were received for the con- " ACCEPTING BI.D~ AND AWARDING struction of the street lights. ~te project is for the CONTRACT FOR THE INSTALLA- - installation of prestressed concrete street lights on TION OF STREET LIGHTS ON Third avenue.and is being done in conjunction with THIRD AVENUE BETWEEN "G" utilit~ undergrounding. It was recommended that the bids. AND "H" STREETS AND "I" be accepted and the contract ~Wa~ded to Perry Electric AND "K" STREETS Company, low biddpr, in the amount of $37,779.25. Resolution offered Offered by Councilman Egdahl, the reading o{ the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Egdahl, Hyde,'Gillow, Scott, Cox Noes: None Absent: None 9. RESOLUTION NO. 9514 On February 1, 1979, bids were received for t~e storm ACCEPTING BIDS AND AWARDING drain and alley improvement projects. It was recommended CONTRACT FOR CONSTRUCTION that the bids be accepted and the contract awarded to OF A STORM DRAIN SYSTEM G.R. Henderson Contractors, Inc. for Alternate I (RCP) IN MADRONA STREET AND DEL MAR of the bids in the amount of $75,074. AVENUE AND IMPROVBNENT OF THE ALLEY SOUTH OF MADRONA STREET AND WEST OF DEL MAR AVENUE Resolution offered Offered by Councilman C6x, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, tO;wit: AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott Noes: None Absent: None ; Held Tuesday - 7:00 p.m. -3- . 'Eebruary"27, 1979' Storm drain problem! ~Councilman Cox discussed the private storm'drain under the house at the northwest corner of Maarona and Del Mar Avenues. Over the years, the-pipe has disintegrated whereby a hole in the pipe has caused seepage thereby making the soil unstable. He asked if the City had any responsibility in this matter and if they planned to assist the homeowner in correcting this problem. .Motion for staff report It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that the staff be directed to look into this problem and report back to the CounCil. 10. RESOLUTION NO. 9515 At the Council Conference. of January 25, 1979, a:staff APPROVING AGREEMENT BETWEEN recommendation was'approved calling for the r~tention of CITY AND PATERSON AND a noted law firm to perform as the City's chief nego- TAGGART FOR LABOR RELATIONS tiator in the meet and confer sessions. The.resolution CONSULTING/NEGOTiATION approves an agreement with the firm of PaterSon and SERVICES, APPROPRIATING Taggart. FUNDS THEREFOR Resolution offered Offered by Councilman Scott, the r~ading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow Noes: None Absent: None 11~ RESOLUTION NO. 9516 Pursuant to Assembly Concurrent Resolution 100 (Stars. ' OPPOSING THE ABOLITION OF 1978), the Department of Insurance of the State has THE TERRITORIAL RATING scheduled hearings to receive input from the public re- SYSTEM FOR AUTOMOBILE garding the present system of territorial ratings for INSURANCE PERMIUMS the purpose of determining automobile insurance costs. The staff felt that abolishing territorial ratings Will do little to control factors which contribute to the high cost of insurance, and it would represent a subsidy by two-thirds of California drivers to the one-third who live in the higher-rated territories. 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, Egdahl, Hyde, Gillow, Scott Noes: None Absent: None 12. ORDINANCE NO. 1858 The present wording of the ordinance is ambiguous - it AF~NDING SECTION 17.10.030 could be read to exclude the applicationof feesto OF CHAPTER 17.10 OF THE apartments created by parcel maps because they do not CHULA VISTA MUNICIPAL CODE increase the nLrmber of permiSsibl~ dwelling units. P~GARDING THE APPLI- Since this interpretation would be inconsistent with CABILITY OF FEES WHEN the purposes of this section, ~he section has been PARCEL MAP IS FILED - modified. FIRST READING Ordinance placed on It was moved by Councilman Gillow'that this ordinance be first reading placed on first reading and that the reading of th~ text be waived=by unanimous consent. The motion carried by the following vote, to~w~t: AYES: Councilmen Giilow, S~ott, Cox, Egdahl, Nyde Noes: None Absent: None Held Tuesday -7:00 p.m. -4- February 2~ 1979 CONTINUED MATTEP~AND SECOND READING OF ORDINANCES 13. RESOLOTION The County Housing Authority, in Conjunction with City APPROVING AN AGREEMENT WITH staff, is in the process of implementing the Public. Housing N[R. CHARLES CRABB FOR OPTION program as authorized by the.Council last fall, HUD, RELATIVE TO THB PURCHASE OF meanwhile, has authorized funds for such items .as planning, PROPERTY AND APPROPRIATING appraisal~ of land and environmental reports, Staff has F~NDS THEREWITH just been made aware of the availability of a one-acre parcel of property zoned R-3 which canbe held at the present price for 90 days for a $1,000 fee, They are requesting utilization of CDBGfunds from the Local Option account to secure the option. The CoUnty and HUD will fulfill their obligations and Obtain the required apprais- als and reports on the subject parcel within the 90-day period. The option will be transferred to the CoUnty Authority within this same time frame. Resohtion offered Offered by Mayor ltyde, the reading of the text was waived by unanimous consent. Discussion Councilman Bgdahl stated he is voting against the .resolu- tion .as he is against the City taling this risk -- $1~.000 which'will not be returned if the option is not pfcked up, and 90 days is too short a time to act on this. Conununity Development Director Desrochers explained the procedure involved in getting the option; the one-acre parcel can house 10 units; and it is in the Castle Park area. Karla Cohn Miss Cohn said the County received the public document on San Diego County the County Housing Project on December 4, 1978. They are Housing Authority borrowing~$20,000 from the federal government to implement the planning stages of the project. ~s to the site in question, 'they"feel it is an excellent location for some' of the housing units. The cost of the parcel ispriced at $3.54 a squ'are foot (440000 square feet) for a total of $154,000 which the Housing Authority' considers a fair price. Counqilman Egdahl disagreed stating he felt the price was "atrocious" and he. could not support, the motion. Motion for 120-day option It was moved by Mayor Hyde and.seconded by CouncilmaD ' . ~illow that the resolution be amended to provide for a 120-day option period - keeping the same dollar figure. Discussion of motion Councilman Scott felt the matter should be referred to the staff first to see if they could get this longer option period and defer the resolution until that time. Motion carried The motion carTied by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Gillow, Cox Noes: Councilmen Egdahl, Scott Absent: None Offer of resolution fails The resolution as offered by Mayor Hyde andI amended failed by the following vote, to-wit: Ayes: Mayor Hyde, CounCilmen Cox, Gillow NOES: Councilmen Egdahl, Scott Absent: None (The resolution needed a 4/Sth~ vote tO:carry.) Held Tuesday - 7:00 p.m.~ -5- FebrUary 27, 1979 14. REPORT OF THE CITY MANAGER a. Report on processing City Manager Cole submitted a Written report. noting that of unsigned parking the South Bay Municipal CoUrt, as well as other Municipal citations Courts in the-State, has tentati~rely decided tO discontinue the filing and processing of unsigned parking citations beginning July 1, 1979. Based on this action, the Manager recommendedi 1. The City indicate its reluctance to assume the task that rightfully belongs to the Courts, but if the change occurs, the City would assume the rESponsibility. 2. Lead time of at least 60 d~)~s will be required to take over this task. .' Discussion Discussion ensued during which Assistant City Attorney Hatton explained his office's involvement in the procedure; Assistant City Manager Asmus answered Council~s questions regarding the cost to the City and staff assignment of the project. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the repo~t be accepted and the procedure as recommended by the' City Manager be accepted. March 8 Council Conference City Manager Cole noted that at the next Council ConferenCe (March 8), the Council will be discussing (1) Transit financing; (2) implementation of the construction 0fI East "H" Street; and (3) amending the 1978/79 agreement with San Diego Transit. :; Executive Session Mr. ~ole requested an ExecutiVe Session for matters of pending litigation. Motion for Executive Session It was moved b.y Mayor Hyde, seconded by CoUncilman Egdahl and unanimously carried tt~at an ExecUtive Session :be called at the close of .the business meeting for ma~te~s of pending litigation. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. ..Report on request for City Engineer Lippitt presented a written report referring improving Kearney Street to the refluest of Clarence Knight to improve Kearney Street, e~st of Third A~enue 'east of Third Avenue as part of the Block Grant..Program. . Mr. Lippitt detailed the process of putting in a'i911 Act Improvement District;'that Block Grant funds could not be used.because the street is not located within the "target" area; in next year's C~pitalImprovement.Program FAU~ funds " will be used to.widen Third Avenue whereby :the curb:return . On Third Avenue wiil' be .installed -- this will then create a conditio~ where more than 50% of the bloc~ on Kearney ~ Street would be improved making it eligible for the pro- visions of the 1911Act short form procedure. Motion to accept report It was moved by CounCilman Scott, seconded by Councilman Gillow and unanimously carried thattherepO~t be accepted and action on this matter be delayed until Third Avenue is widened~ Held Tuesday - 7:00 p.m. -62 February 27171979 . 16. REPORT ON VARIANCE City Engineer Lippitt referred to his written report REQUEST FOR GBRSTEN explaining that on February 13, 1979, the City Council OFFICE BUILDING, OTAY ,, held a public hearing on a request to waive a portion LAKES ROAD the undergroUnding requirements for theGersten Office building 9n Otay Lakes Road. Staff recommended 'and the Council concurred thai' it should be a deferral rather'th~n a complete waiver of the requirements. Mr, L~pp~t presented two alternatives in solving the problem along with cost figures adding that the G~rs~en Company agreed to deposit with the City the amount of $7,000 for a future undergrounding distFict. Upon receipt of the money, staff recommends that th~ waiver beigranted. Council discussion Discussion followed during which City Engineer Lippitt responded to Cohncil's questions~ concerning the use of the money ($7,000) for other undergrounding projects; and the advantages of grantinga deferral rather than a waiver. Ccstof project Councilman Scott asked if, in determining the amount for deposit, the staff took into consideration that the improvements may not be put in for five years or so and based the amount on that time plus interest, rather than · on today's prices. Motion to approve report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the matter be referred back to staff for further consideration in light of the comments made by Councilman Scott and bring it back at the next ., Council meeting. Carmen PaSquale Mr. C. Pasquale remarked that the time element had some Vice President bearing on their plans. He added that,no de~e71nination' Otay Land Company has been made as to where the crossing will take plac~ - SDG~E will have to make that decision. MAYOR'S REPORT CP0 Meetipg Mayor Hyde announced that CP0 (Comprehensive Planning 0rganizati.on) has continued action on the proposed matter., of calling forconsideration. of the establishment'~.of a Metropolitan Transit Authority for San- Diego County. At the request of the City of Chula Vista, this matter,was continued to the next CPO meeting. Ma~ch 6 meeting cancelled Mayor Hyde noted that the meetingof March 6 ~ad.been j - Cancelled due to the fact the COuncilmen will be attending a Conference in Washington, D. C. Seminar scheduled Anotice was received by Mayor Hyde regarding a seminar called by the Sa5 Diego County L~nd ~s~ ~eerdl,~aati~ Cduncil concerning cutting housing costs. COUNCIL COMMENTS LegiSlative Action Councilman Cox reported that the Legislative COmmit.tee discussed AB 449 (Perino) - Limitatio~en User Fees and Charges. ,He explained that the ~iI1 i~6he of:'a series which has ,been proposed, to restrict the City's ability to levy user f~es. Both the League and Legislative Committee feel that it is an infringement into, the control by a City o{ its own local affairs. Motion. to oppose It was moved by Councilman Cox, senended by Mayqr Hyde and unanimously carl~d that the City oppose this legislation and that communication be made to appropriate members of the Committee and the City's legislative delegation. Held Tuesday - 7:00 p.m. -7- February 27, !979 Washington Trip Councilman Cox referred to a memo received f~om the Com- munity Development Director recommending certain legisla- tors to contact'in Washington to discuss the re;development problems, Councilman Cox said it would be advisable if the City Manager set up appointments with these offi'cials for the Council. Low-Income housing Councilman Egdahl discussed the loans made to various property owners under theCity's,housing improvement program. He asked how this was oper~ingandif, in any of these projects, the owner his takenadvantage:of the loan and increased the rents. Motion for staff report It was moved by Councilman Egdahl, seconded byCouncilman Scott and unanimously carried that this matter be referred to staff for report. Letter from Metropolitan Councilman Egdahl commented on the letter received from Transit District Board (MTDB) the MTDB in which they stated they had no objection to the vacation of Industrial Boulevard between "K" and "L" Street. ASsistant City Manager Asmus noted that there was an indication made some time ago by a person who wanted to store lumber on the property~ but that person has not contacted the City since that time. Mayor's Ad Hoc Committee Councilman Gillow submitted the following list of names: on Crime Prevention 1. Judge Murry Luftig 2. Jan Ronis (attOrney) 3. John Macevicz (Retired Sweetwater High School District) 4. Doris Cox (Jan Smith Alternate) (Lioness Castle Watchers Represent:atiVe) 5. Marie Miehl.~ .(Girls~ Club) 6. William Winters (Police Chief) 7.. George Gillow (chairman) Motion on Item No. 13 It was moved byCounCilman S~ot~ and secondedby Ma~or Hyde that the staff lookinto the pOssibility of getting a 120-day option on that (property) and come badk to the Council with a report -- also what terms would be available. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Cox; Hydel Gillow Noes: Councilman Egdahl Absent: None DOg Licenses Councilman Scott referred to the increased dog license. fees approved last year and asked if this had any impact on the number of dogs thatwereliCensed or whether it wal a "point of diminishing returns~' to the City. Motion for report It ~as moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the staff look into this and give the Council a report at budget time. Executive Session The Coun'cilrecessed to Executive Session at 8:20 and the meeting reconvened at 9:10 p.m. ADJOURNMENT 'Mayor Hyde adjourned the meeting at 9:10 p.m. to the meeting schedul=ed for Thursday, March8 at 4:00 p.m.